HomeMy WebLinkAbout2008-302
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RESOLUTION NO. ?OOR-302
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
RELATIVE TO THE SELLING PRICE OF TAX-DEFAULTED PROPERTY
LOCATED AT 2255 BESSANT STREET, SAN BERNARDINO, PROPOSED TO BE
PURCHASED FROM THE COUNTY OF SAN BERNARDINO BY THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT.
WHEREAS, the San Bernardino City Unified School District would like to expand the
physical education facilities at San Gorgonio High School in the City of San Bernardino; and
WHEREAS, the San Bernardino City Unified School District would like to purchase
tax-defaulted property adjacent to San Gorgonio High School and located at 2255 Bessant
Street in the City of San Bernardino, also known as Assessor's Parcel No. 1191-191-03; and
WHEREAS, pursuant to Section 3775 of the California Revenue and Taxation Code,
the City of San Bernardino must agree to the selling price of said tax-defaulted property being
purchased by the San Bernardino City Unified School District.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute an Agreement to
Purchase Tax Defaulted Property agreeing to the selling price of the property described herein
from the County of San Bernardino to the San Bernardino City Unified School District, a copy
of which is attached hereto as Exhibit "A" and made a part hereof.
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2008-302
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE EXECUTION OF AN AGREEMENT RELATIVE TO THE SELLING PRICE OF
TAX-DEFAULTED PROPERTY LOCATED AT 2255 BESSANT STREET, SAN BERNARDINO,
PROPOSED TO BE PURCHASED FROM THE COUNTY OF SAN BERNARDINO BY THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
4th day of August ,2008, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER ~
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
(2~ h. ~
"-
City Clerk
The foregoing resolution is hereby approved this (p Y?f
day of August
2008.
. k J. Morris, Mayor
of San Bernardino
Approved as to
Form:
BY\~~
Timothy . ab
Special Legal Counsel
-~
2008-302
Exhibit A.
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
This agreement is made this 4 th clay of Augus t 2008 ,by and between the Board of
Supervisors of San Bernardino County, Stale of California, and the San Bernardino City Unified School District
("PURCHASER"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code.
The real property situated within said county, hereinafter set forth and described in exhibit "A", is tax-defaulted
and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to
provisions of law.
It is mutually agreed as follows:
1. Tha~ as provided by Revenue and Taxation Code !j3800, the cost of giving notice of this agreement shall
be paid by the PURCHASER, and
2. That the PURCHASER agrees to pay the sum of $ 89,150 for the real property described in Exhibit "A"
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax
collector, the tax collector shall execute and deliver a deed conveying title to said property to
PURCHASER,
3. That the PURCHASER agrees to use the parcel(s) for public purpose under the following intent
::\t-r-.."'t',~~ -ro "'\\\~ ~.;o'L-Q.l t.tratoQ.'T\nN ~\oCtOl \"(,"(0-1. ~ -'\l>.t:. C"Ityr"~c.!:!:.,.,"'\ c:..o.~
[..,Vllf..r"",\c ~\t.,.~ ~..).u,'cL ~ ~\J~L\t. ~,:M,O()\......
4. Tha~ if said purchaser is a taxing agency as defined in the Revenue and Taxation Code!j121 or any
other agency that receives Its revenue share under the provision of Division 1. Part 8, Chapter 3 of the
Revenue and Taxation Code, it will not share in the distribution of the payment required by the Agreement
as defined by !j3791 and !j3720 of the Revenue and Taxation Code.
If ali or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of
this agreement, this agreement shall be nUll and void as to that individual parcel.
RTC !i!i3791, 3791.3, 3793
SCO 8-13-4 (1-01)
2008-302
The unden;igned hereby Clgree to the tenns Clnd conditions of this Clgreement Clnd Clre duly Clutholized to sign for
sClid agencies.
This document is being executed in counterpart each of which constitutes an original
ATTEST:
M .1tJ~xf-.~ By:
~hClSer)
(seCll)
ATTEST:
BOARD OF SUPERVISORS
Clerk of the Board of Supervisors
By
By
Deputy
(seal)
By
Chairman
PursuClnt to the provisions of Revenue and Taxation Code ~3775. the governing body of the City of San
. BemClrdino. hereby agrees to the selling price as provided in this agreement
ATTEST:
~a~~/~6~Cl~Y
(seal)
CITY OF San Bernardino
By
Clerk
Pursuant to the provisions of Revenue and Taxation Code ~3795. the Controller approves the foregoing
agreement this day of
Approved a~form.
\~
Timothy J. aba,
Special Legal Counsel
JOHN CHIANG, CALIFORNIA STATE CONTROLLER
By:
Patricia L. Quinn, Chief
Bureau ofTax Administration
Multiple OriginalslTeeterlWithin City Limit
see 8-13-4 (back)
2008-302
EXHIBIT A
San Bernardino City Unified School District
1191-191-03-0000 $89,150
Total: $89,150 - Plus the cost of notice
2008-302
Note: Per Les Fogassy, the only signatures required for our purposes are the "Purchasers, City
Clerk's, City Manager's and our Legal Counsel."
M. Fedor
8-11-08