HomeMy WebLinkAbout10- Community Services ;TY OF SAN BER( %RDINO - MEMORANDUM
To ANNIE RAMOS From JAMES F. PENMAN
Director of Parks Recreation and City Attorney
Subject Community Services Date
LEGAL OPINION re-PATTON PARK PROPERTY January 22 , 1988
Approved Date
This office has been asked whether or not the amount of work
completed to date at PATTON PARK is sufficient to satisfy the
conditions of the original agreement with the State. It
appears that the proposed (original) plan was not completed
within the requisite ten years and an extension was granted
by the State. Therefore the terms and conditions of the
extension will only be discussed since it is clear that the
original contract terms were not satisfied.
First, the "Proposed Alternate Plan" called for 50 acres to be
developed. Only half of this has been done.
Secondly, one additional ballfield was to be developed in the
south section adjacent to the present ballfields. This was
accomplished in 1986 .
Thirdly, there was to be open space on both the north and
south sides of Pacific Street. Only the south side has been
so developed.
Lastly, a park maintenance yard will be located at the ex-
treme north end of the site . This, too" has not been done.
Clearly, the conditions have not been satisfied. Only one
out of three has been completely complied with.
The worst case scenario is that the State could sue to get
its land back, and the City would only get the value of the
improvements it has made. On the other hand, the State
could give the City more time to comply and allow it to sub-
mit yet another proposed alternate plan.
In closing, it is important to note that the contract does not
specify what will happen if the plan is not completed in the
alloted time. Therefore, this gives the parties the opportu-
nity to reach an agreement that satifies both sides.
Please note that this office has not had an opportunity to re-
view the Quitclaim Deed by which the City acquired title to
the property.
JAMES F. PENMAN
City Attorney
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