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Home My WebLink About23- Public Works File No.: 15.06-051 CI 7"Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION_ From: ROGER G. HARDGRAVE Subject: Authorization to Execute Grant Deed and Purchase and Sale Agreement—1505 Waterman Dept: Public Works/Engineering Avenue. Date: October 21, 1997 Synopsis of Previous Council Action: Wr up will Ff 1W 04-17-95—Authorization granted to proceed with sale of City property located at 1505 N.Waterman Avenue. 05-17-95—Resolution No. 95-159 was approved giving Notice Inviting Bids for sale of City property at 1505 N. Waterman Avenue. 06-27-95—Bid Opening(No bids received) 02-19-96—Authorization given to prepare lease/option to purchase for City property at 1505 N. Waterman Ave. 03-18-96—Resolution No. 96-65 authorizing execution of a two year lease with option to purchase City property at 1505 N. Waterman Avenue. 07-09-96-Approval of First Amendment to lease of City property at 1505 N. Waterman Ave. Recommended Motion: 1 . That the Director of Public Works is hereby directed and authorized to do all things necessary, including but not limited to the execution of Escrow Instructions, to complete the sale of City property located at 1505 North Waterman Avenue . AND 2 . Adopt Resolution AND 3 . Direct Finance Director to amend the Fiscal Year 1997/98 Budget to reflect the additional revenue in the amount of $109, 500, minus the closing costs, from the sale of property located at 1505 Waterman Avenue. cc : Fred Wilson, City Administrator Jim Penman, City Attorney Signature Contact Person: Les Fogassy Phone: 5026 Supporting data attached: Staff Report, Map, Resolution Ward: 2 FUNDING REQUIREMENTS: Amount: NONE Source(Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Res 97— y3�"� 113 11-03-97 Agenda Item No. O�3 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION- STAFF REPORT In April , 1995, authorization was given to proceed with the sale of City property located at 1505 North Waterman Avenue. The property was acquired by the City in 1946 and used as a fire station from 1951 to 1978, when it was leased out and coverted to a flower shop. That lease was terminated in 1995. An appraisal was prepared by Hill &Associates, in the amount of$150,000. A"Notice Inviting Bids"was published in the Sun Newspaper with bid opening scheduled for 6/25/95.No bids were received at that time. After consulting with the appraiser, the value was readjusted for a quick sale price of$120,000. No bids were submitted at the lower price, however, several parties showed interest in leasing the building, and one of these,the Ayala Family, wanted to lease the building with an option to purchase. On 03-18-96, a two year lease with an option to purchase was approved with the Ayala Family. The building needed many repairs and also be brought up to current building code. The Ayala Family completed the necessary work in lieu of rent payments through December, 1996. i The terms of the lease set the sales prices at$120,000, with monthly rent at $1500, of which $500 was to go towards the purchase price, if the lessee was to exercise the option to purchase within the two years. Lessee also made a deposit of$5,000 at the commencement of the lease, which is to go towards to purchase price. The Lessee has advised us that they would like to exercise their option to purchase the property, and have opened escrow with Orange Coast Title Company. The total to be credited towards the purchase price is the $5,000 deposit plus $500 of each of the monthly rent payments paid to date (11 months) for a total credit of $10,500. Thus the remainder of the sales price is $109,500. Closing costs will be split by the City and the Buyer, as is customary and will be deducted from the proceeds of the sale. We recommend that the Director of Public Works be directed and authorized to do all things necessary to complete the sale of this property and that the Mayor be authorized to execute a Grant Deed and Purchase and Sale Agreement. .� Por. Rancho Son Be. o 3 C1) 1- y 16 th ,jB 2.39 sn 74 :Q=T— s Cec)s) 33 F 14q 146 0 1.66AC. I "� 15 " X93 44 LLB Q a ,9 061 o D � �1 ie9.39 i0 c 0 14 of h Por. Lot 3 F- EVANS M g Z�2 (BURBANK) 3zz/s /.40 6c Blk. 40 32 v 0 cr 5 r� �►�sugar 146 1.29 m !9 ,cc � �, A � r7 18 z FEDF 6 TY TO at- SOL2', Sf Q � �"' 062 Lu rcr. r.17 AC rl h yc:! is r.:) L doi so 7 �.f SW. COR. LOT 3, BLK. 40 R.S.B. F- — — GILBERT R I 09) _ Troct N6. 2581 M. B.36/82 PURCHASE AND SALE AGREEMENT THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY is entered into by and between the CITY OF SAN BERNARDINO ("CITY") and FRANK HALSTEAD and MARIA E. AYALA, Husband and Wife(`BUYER") this day of , 19 WITNESSETH WHEREAS, CITY is the record owner of certain real property generally located at 1505 North Waterman Avenue in the City of San Bernardino ("PROPERTY") and more fully described as follows: THE SOUTH 100 FEET OF THE WEST 150 FEET OF LOT 3,BLOCK 40,RANCHO SAN BERNARDINO,AS PER MAP RECORDED IN BOOK 7 OF MAPS,PAGE 2,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. GRANTOR RESERVES UNTO ITSELF ANY AND ALL EASEMENTS FOR STREET AND HIGHWAY PURPOSES LOCATED WITHIN THE ABOVE DESCRIBED REAL PROPERTY;and WHEREAS, on March 20'', 1997, CITY and BUYER entered into a Lease Agreement with Option to Purchase ("AGREEMENT") relative to said PROPERTY and on July 3, 1997, both parties executed a First Amendment to Lease; and WHEREAS said Agreement sets forth the purchase price of$120,000.00 should BUYER choose to exercise the option to purchase said PROPERTY within the terms of the AGREEMENT; and WHEREAS, BUYER has deposited with the CITY the sum of$5,000.00 plus the sum of$5,500.00 paid--as a portion of the monthly lease payments as set forth in said AGREEMENT, the total sum being $10,500, which is to be applied towards the purchase price of$120,000.00; and WHEREAS, BUYER now wishes to exercise the option to purchase the PROPERTY from the CITY and has opened Escrow with Orange Coast Title Company. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged by each part to this AGREEMENT, it is agreed between the parties as follows: SECTION 1. Purchase Price. CITY agrees to sell the PROPERTY to BUYER and BUYER agrees to purchase from CITY the PROPERTY on the terms and conditions set forth in the AGREEMENT. The purchase price of the PROPERTY shall be the total sum of One Hundred Twenty Thousand Dollars ($120,000), less deposits made by BUYER in the amount of Ten Thousand Five Hundred Dollars ($10,500) for a net amount of One Hundred Nine-Thousand Five Hundred Dollars ($109,500),payable at the close of Escrow. SECTION 2. Condition of Property. CITY is selling PROPERTY in an"AS-IS"condition. SECTION 3. Escrow. Parties agree that Escrow will be through Orange Cost Title Company. Parties will immediately execute and return to Escrow any Escrow instructions and other documents as may be required to open, process and close the Escrow. 1 AGREEMENT FOR SALE OF REAL PROPERTY—1505 N.WATERMAN AVENUE SECTION 4. Payment of Escrow Fees and Costs. CITY shall pay the cost of issuance of an Owner's Title Policy for the PROPERTY. BUYER shall pay recording fees and documentary stamp tax. CITY and BUYER agree to each pay one-half of all other closing costs and Escrow fees incurred in this transaction and shall deposit into Escrow any amounts required for the payment of such costs and fees. SECTION 5. Transfer of Title. CITY shall execute and deliver to Orange Coast Title Company a grant deed for the purpose of conveying PROPERTY to the BUYER. The grant deed shall be dated as of the date of closing of Escrow. SECTION 6. Condition of Title. Title to the PROPERTY shall be free and clear of all liens, restrictions, easements and encumbrances except for those accepted by the BUYER listed in the Title Report issued by Orange Coast Title Company. SECTION 7. Possession. CITY shall retain ownership of the PROPERTY up to and including the date of recordation of the grant deed conveying title of the PROPERTY to the BUYER, whereupon the BUYER shall be entitled to immediate and exclusive possession of the PROPERTY. SECTION 8. Hazardous Materials. CITY represents that,to the best knowledge of the CITY, there has been no production, storage or disposal of any hazardous materials on the PROPERTY while under ownership of the CITY or prior to ownership by the CITY, and BUYER acknowledges that he has satisfied himself that PROPERTY is free and clear of hazardous materials. SECTION 9. Broker Fees. Each party to this Agreement represents and warrants to the other party that they have not dealt with any broker or other person entitled to claim a commission in connection with this transaction. Each party hereby agrees to indemnify and hold the other party harmless from claims made by any such person for a commission or like compensation. SECTION 10. Hold Harmless. BUYER shall defend, indemnify and hold harmless the CITY against all claims, demands, suits,judgements, legal expenses and attorney fees, if any, arising out of the sale of PROPERTY to BUYER IN WITNESS WHEREOF, the parties to these present have hereunto set their hands the year and date first above written. CITY OF SAN BERNARDINO By: TOM MINOR, Mayor Approved as to form and legal content: BUYER: JAMES F. PENMAN City omey FRANK HALSTEAD By: MARIA E.AYALA 2 REQUESTED BY AND WHEN RECORDED MAIL TO: Frank Halstead& Maria E. Ayala 2101 N. Cotter St. Santa Ana, CA 92706 Mail Tax Statements to the Above Order No.S-115799-9 Escrow No.R11433-CG APN:0147-062-10,11 SPACE ABOVE FOR RECORDER'S USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, Hereby Grants to FRANK HALSTEAD AND MARIA E. AYALA,HUSBAND AND WIFE the real property in the City of San Bernardino, County of San Bernardino, State of California, described as THE SOUTH 100 FEET OF THE WEST 150 FEET OF LOT 3, BLOCK 40, RANCHO SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. GRANTOR RESERVES UNTO ITSELF ANY AND ALL EASEMENTS FOR STREET AND HIGHWAY PURPOSES LOCATED WITHIN THE ABOVE DESCRIBED REAL PROPERTY. CITY OF SAN BERNARDINO, a municipal corporation Dated: By: TOM MINOR,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) )S.S. COUNTY OF ) On before me, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: October 2, 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE -------------------------------------------------------------------------------------------------------------------------------------- MAYOR AND COMMON COUNCIL MEETING DATE: November 3, 1997 ITEM #: #23 RESOLUTION: Res 97-337 - Resolution authorizing the execution of a purchase and sale agreement and grant deed relative to the sale of City property located at 1505 N Waterman Ave. (No cost to the City.) ACTION: That the Director of Public Works/City Engineer be directed and authorized to do all things necessary, including but not limited to the execution of escrow instructions, to complete the sale of City property located at 1505 N Waterman Ave;and that said resolution be adopted; and that the Finance Director be directed to amend the FY 1997/1998 budget to reflect the additional revenue in the amount of $109,500, minus the closing costs from the sale of property located at 1505 N Waterman Ave. NOTICE OF: Bad Duality Original. Document. X - Map. Hand Written Original. Ordinance - Legal Advertisement Proof of Publication Bad Quality. Ordinance - No Staff Report. X - Missing Signature - Outside Parties FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff or the Administrative Operations Supervisor at (909) 384-5002. Rachel Clark City Clerk RC:mam