HomeMy WebLinkAbout9.2 Kolb Park Purchase Agreement •
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 27, 1986
. SUBJECT Kolb Park Purchase Agreement =_-
EXHIBITS ATTACHED Resolution
RECOMMENDATION
Cfrid
opt Resolution
FINANCIAL STATEMENT: - Approximately $81, 500 based on a 5 acre park. Actual _
size will be determined by legal description.
DESCRIPTION - : At the regular City Council meeting on August 25,
1986, the City Council authorized Staff to apply for - a grant under the
California Park and Recreational Facilities Act of 1984. .
This grant is offered through a competitive program and applications were
due by October 1, 1986 . The City applied_ for a grant which totalled
$116, 280 . If approved, these funds would provide development funding for
park walkways, entry trellises, park furniture and pedestrian lighting at
Kolb Park. It is anticipated that total purchase and development of the
park will cost an estimated $913 ,120 .
Representatives of the State Department of Parks and Recreation have
notified Staff that the application cannot be considered complete without
the City holding title to the property. -The City Attorney has drafted an
agreement for the purchase and sale of the Kolb Park site.- This document
has been provided to School District Officials, who have informed Staff that
it is necessary to have the document reviewed by legal counsel and the State '
Board of Education. It is anticipated that the School District will be
prepared to consider the agreement at their meeting on November 3 , 1986 .
State Officials have agreed to consider the City' s grant application
provided that the City has a commitment to obtain the title to the property
by November 4 , 1986 .
Recently, the Murray School District processed a Conditional Use Permit to ,
Utilize the former Fallon School site as a District Office location.
Concurrently, the District requested a tentative map for the future
development of the remainder of the school site. The tentative map provided
a layout for a parcel containing the park and a small single family
residential subdivision. Although the approval of these documents became
final on September 25, 1986, it was also subject to a condition that the
District finalize the sale of the park property within 60 _days .
Staff had hoped that the School District would have been able to consider .
the agreement at their meeting on October 20, 1986, however, they have
required additional time for review. Therefore, the adoption of the
proposed Resolution will only provide for the execution of the ' agreement
after the School District has taken action on this matter. The purchase
price represents the purchase of the property pursuant to the Naylor Bill. _
This legislation allows public agencies .to purchase surplus school sites at
25% of the fair market value. The property purchased under this legislation
must continue to be used for public recreational purposes . The
legislature' s intent was to provide an incentive for communities to maintain
the recreational sites offered by school playgrounds . In some areas, entire
surplus school sites were sold and developed for other uses, without
providing a replacement for the recreational areas offered by the former -
school site. The proposed agreement establishes a purchase price of $16, 279
per acre, which is considered to be 25% of the fair market value.
In order that the City may continue to be considered for the competitive
grant, Staff would recommend that the City Council adopt the attached
Resolution. This will authorize the Mayor to execute the agreement provided
that the, Murray School District has executed the agreement.
COPIES TO:
ITEM NO. 112j
\. .F,.. ....,..
RESOLUTION NO. - 86.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN -
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AUTHORIZATION TO EXECUTE
THE KOLB PARK PURCHASE AGREEMENT
WHEREAS, the Murray School District declared -its intent
to dispose of the Fallon School site in 1983; and
- WHEREAS, this site contains an area developed for use as
a public park; and -..
WHEREAS, the Dublin City Council adopted, a resolution on
December 12, 1983 indicating an intent to purchase all or a part
of the Fallon School_ site; and -
• WHEREAS, the School District has required time to
determine the best use of their properties; and
WHEREAS, the School District has received City approval
for a Tentative Map and Conditional Use Permit outlining the use
of the Fallon School site; and
WHEREAS, the approval is subject..'to --a condition that the
District finalize the sale of the park :property. within 60 days;
and
WHEREAS, the City has applied for a competitive grant
under the California Park and Recreational Facilities Act of 1984 ; ,
and
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WHEREAS, the application can only be considered complete
if it is clear that the City will have title to the property; and
WHEREAS, the Murray School District Board of Education
is anticipated to act on the agreement on November 3 , 1986 . .
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin does hereby approve the "Agreement of Purchase
and Sale of Kolb Park" , substantially in the form attached hereto;
and .
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to date and -execute the agreement, provided that an
authorized representative of the Murray School District Board of
Education has executed the document; and
BE IT FURTHER RESOLVED that after execution by the City
and the School District it is understood that State Agency
approval may be required to validate the agreement.
PASSED, APPROVED AND ADOPTED this 27th day of October,
1986 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
y.-
Aulcz.L"iF_a v 1. <Jr r un�.nca.�r, ntvL �nLr,
KOLB PARK
THIS AGREEMENT OF PURCHASE AND SALE ("Agreement" ) is entered as of
the day of October, 1986, by and between MURRAY SCHOOL DISTRICT '
("Seller" ) , a California corporation, and the CITY-OF DUBLIN ("Buyer") , a
municipal corporation. = _-
THE PARTIES ENTER THIS AGREEMENT on the basis of the following
facts, understandings -and intentions :
A. Seller is the -owner of certain real .property ("the Property")
located in the City of Dublin,. County of. Alameda, State of California. ' The
Property fronts on Brighton Drive and is: -identified as Parcel C on the
Tentative Map for Tract 5616 .which has been filed by seller on March 25,
1986, for approval by Buyer.' The Property is approximately five (5) acres in
total size.
B. Seller now desires to sell the.:Property to Buyer, and Buyer
desires to purchase the Property, on all' of ••the terms, covenants and
conditions hereinafter set-forth.
NOW, THEREFORE, IN CONSIDERATION. of the mutual, covenants and
promises of the parties, hereto agree as follows:
1. Purchase and Sale. Seller shall sell the Property to
Buyer, and Buyer shall purchase the Property from Seller, on all of the
mutual terms, covenants, and conditions set forth in this Agreement.
2. Escrow. Within Five (5) days following the date of this
Agreement, Buyer shall establish as escrow for the close of the purchase and
sale of the Property at Northwestern Title Insurance Company ("Title
Company" ) , 351 St. Mary's Street, Pleasanton, California.
3.. Legal Description. Seller shall, within 15 days of the
opening of escrow, prepare a legal description of Parcel C which will be in
sufficient form to : 1. ) permit a deed to be prepared that will transfer
title of Parcel C to Buyer; 2. ) to calculate the total purchase price for the
property.
4. Purchase Price. Buyer shall pay Seller a purchase price
for the Property in the amount of SIXTEEN THOUSAND TWO HUNDRED SEVENTY-NINE
DOLLARS ($16,279) PER ACRE. The purchase price shall be deposited into
escrow within thirty (30) days following the date of Buyer' s
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delivery to escrow of its written approval of the preliminary' title- report
(the "Title Report" ) .
5. Conditions of Title.
(a) Review and.Approval of Title Report.` Buyer shall
review the Title Report for the Property, to be issued by Title Company.
The matters set forth in any survey Buyer obtains for the Property (at
Buyer's expense) and the conditions of title to the Property set forth in the ---
title Report, other than exceptions for liens of deeds of trust or other
mortgage indebtedness, are hereinafter referred to as the "Conditions of
Title" . Buyer shall have ten (10) days in which to approve the preliminary
title report. Escrow- shall not close unless and until Buyer has approved the .
preliminary title report.
- (b) Delivery of Title. Conclusive evidence of delivery of
title to the Property by Seller to Buyer shall be the willingness of Title
Company to issue', upon payment of Title Company's regularly scheduled
premium, a standard form owner' s policy .of CLTA :title insurance (the "Title
Policy" ) , in .the amount of. the Purchase Pride, showing title to the Property
vested of record in Buyer, subject only to the Conditions of Title and the
standard printed exceptions of the title Policy.
6. Deposits Into Escrow. Prior to the Closing Date, as
defined in Subsection 8 (a) , the parties shall deposit into escrow the funds -
and documents described in this Section 7 .
(a) Seller. Seller shall deposit a. duly executed and
acknowledged Grant Deed conveying the Property to Buyer;
(b) Buyer. Buyer shall deposit the following:
(1) Cash in a sum equal to the Purchase Price;
(2) Written approval of the Title Report;
and
(3 ) Additional cash in the amount necessary to pay
Buyer' s share of closing costs and prorations, as hereinafter set forth.
7 . Close of Escrow. -
(a) Time. Escrow shall close on a date that is not later
than thirty (30) days after the date on which Buyer has delivered its written
approval of the Title Report to escrow. '
(b) Procedure. Title Company shall close escrow as
follows : '
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(2) Deliver a certified copy of the recorded Deed to
Seller;
" . . . (3) Pay to Seller the Cash Balance reduced by
Seller's Interest Payment to Buyer and Seller's share of closing costs and
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prorations, as hereinafter set forth; and
(4) Deliver the title Policy to Buyer.
(c) Special Instruction to Title Company; Buyer and
Seller may deposit separate escrow instructions with Title Company provided
that the additional escrow instructions do not change or-conflict with the
terms of this Agreement.
(d) Incorporation of Escrow Instructions. Buyer and
Seller hereby incorporate the standard provisions of the escrow agreement
commonly used by Title Company in the Dublin area. This Agreement shall
serve as escrow 'instructions, and an executed copy of this Agreement shall be
deposited by Seller with Title Company following- execution hereof.. The
parties agree to execute for the benefit of -Title Company such additional .
escrow instructions as Title Company shall require, provided that the
additional escrow instructions do not change the terms of this Agreement, but
merely offer protection for Title Company.
8. • Successors and Assigns. The terms, covenants and
conditions herein contained shall be binding upon and inure to the benefit of
the successors and assigns of the parties hereto; provided however, that
Buyer shall not, prior to the Close of Escrow, assign Buyer's interest in
this Agreement and the Property without the prior written consent of Seller,
which consent may be withheld in Seller' s sale and absolute discretion.
9 . Survival. The terms, covenants, and conditions herein
contained which are required to be operative after delivery of the Grant Deed
in order to be fully effective, shall be so operative and shall not be deemed
to have merged in the Grant Deed.
10 . Entire Agreement. This Agreement contains all of the
covenants, conditions, and agreements between the parties and shall -
supersede all prior correspondence, agreements, and understandings, both
verbal and written. No addition or modification of any term or provision
shall be effective unless set forth in writing and signed by both Seller and
Buyer.
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the rights and obligations of the parties under this Agreement, the -
prevail ing party shall be entitled to reasonable attorneys' fees and:-court
costs.
12. Notices. All notices."or other communications:-required or
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permitted hereunder shall be in writing and either 'delivered by hand or
deposited in the United States mail, first-class.,' postage,,prepaid, " and = -
addressed as follows:
To Seller: Richard Cochran, Superintendent
- MURRAY SCHOOL DISTRICT -
7416 Brighton Drive = _:
Dublin, CA 94568
To. Buyer: Richard C0-Ambrose
- - . - City Manager - .
CITY OF DUBLIN P. O. Box 2340
Dublin, CA 94568 j
The foregoing addresses may be changed by written notice
to the other party as herein provided.
13 . Governing Law, This Agreement- shall be governed by and
construed in accordance with the laws of the State of California.
14. Captions . All captions and headings in this Agreement
are for the purpose of reference and convenience and shall not limit or
expand the provisions of this Agreement.
15. . Time. Time is of the essence for every provision herein
contained in this Agreement.
16. Counterparts . This Agreement may be executed in
counterparts, each of which shall be an original, but all counterparts shall
constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed one or more
copies of this Agreement on the date(s) set• forth below, as of the day and
year first above written.
"Seller" "Buyer" .
MURRAY SCHOOL DISTRICT • CITY OF DUBLIN, •
a municipal corporation f
By - By
Its Its ■
Date: .,
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