HomeMy WebLinkAboutReso 53-22 Approving a Purchase and Sale Agreement with Valley Christian Center for Exempt Surplus Former Right-Of-Way on Dublin BoulevardReso. No. 53-22, Item 6.1, Adopted 05/17/2022 Page 1 of 2
RESOLUTION NO. 53 – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A PURCHASE AND SALE AGREEMENT WITH VALLEY CHRISTIAN CENTER FOR
EXEMPT SURPLUS FORMER RIGHT-OF-WAY ON DUBLIN BOULEVARD
WHEREAS, on May 17, 2022, the City Council (“City Council”) of the City of Dublin (“City”)
adopted Resolution No. 52-22 summarily vacating unused right-of-way consisting of approximately
8,118 square feet (“Property”); and
WHEREAS, the neighboring property owner, Valley Christian Center of Dublin California (VCC),
desires to purchase the Property for the development of a 55-bed memory care facility on Parcel 2 of
the Valley Christian Center Property located at 7500 Inspiration Drive (APN 941-0022-005-00); and
WHEREAS, City Staff and VCC have negotiated a Purchase and Sale Agreement, attached
hereto as Exhibit A (“Purchase and Sale Agreement”); and
WHEREAS, pursuant to the terms of the Purchase and Sale Agreement, VCC will purchase the
Property from the City for $120,390; and
WHEREAS, the property qualifies as “exempt surplus land” pursuant to Government Code
section 54221 (f)(1)(E)t because it is a former right-of-way and is being conveyed to an owner of an
adjacent property; and
WHEREAS, a Grant Deed has been prepared to grant the Property to VCC, subject to the
reservation of a ten foot (10’) Public Service Easement for public purposes along the southerly line of
the Property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the sale of the Property to VCC subject to reservation by the City of the Public
Service Easement.
BE IT FURTHER RESOLVED THAT the City Council does hereby authorize the City Manager
to execute the Purchase and Sale Agreement substantially in the form attached hereto; to make
revisions to the Purchase and Sale Agreement, with the advice of the City Attorney, which do not
materially or substantially increase the City’s obligations thereunder; to execute the Grant Deed,
attached to the Purchase and Sale Agreement, to sign all documents, to make all approvals and take
all actions necessary or appropriate to carry out and implement the Purchase and Sale Agreement
and to administer the City’s obligations, responsibilities and duties to be performed under the
Purchase and Sale Agreement.
{Signatures on the following page}
Reso. No. 53-22, Item 6.1, Adopted 05/17/2022 Page 2 of 2
PASSED, APPROVED, AND ADOPTED this 17th day of May, 2022 by the following vote:
AYES:Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Exhibit A
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
(this “Agreement”) is entered into as of __________________, 2022 (the “Effective Date”), by and
between the CITY OF DUBLIN, a California municipal corporation (“City”), and the Valley
Christian Center (“VCC”), a _______________. VCC and City are individually referred to herein
as a “Party,” and collectively referred to herein as the “Parties.”
RECITALS
A. VCC is the owner of certain real property located at [street address], City of Dublin,
County of Alameda, State of California, designated as APN ____________.
B. The City is the owner of certain real property located in the City of Dublin, County of
Alameda, State of California, and consisting of approximately 8,118 square feet, as more particularly
described and depicted in Exhibit A and Exhibit B, attached hereto and incorporated herein by this
reference (the “Property”).
B. On [date], the City Council of the City of Dublin adopted Resolution No. __ vacating
the Property as a public right-of-way in accordance with California Street and Highways Code
section 8300 et seq. and reserving a non-exclusive Public Service Easement along the southerly ten
feet (10’) of the Property;
C. VCC desires to aquire the Property, subject to the Public Service Easement, from the
City to merge with APN _______ and convey the merged parcel for the development of a memory
care facility consisting of 55-beds and related amenities and improvements, and the City desires to
convey the Property to VCC for this purpose.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged by the Parties, VCC and City hereby agree as follows:
1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above
and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as
if set forth in full.
2. PURCHASE AND SALE.
2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth
herein, the City hereby agrees to sell the Property to VCC, and VCC hereby agrees to purchase the
Property from the City.
2.2 Purchase Price. The purchase price for the Property to be paid by VCC to
the City (the “Purchase Price”) is one hundered twently thousand three hundred and ninety Dollars
($120,390). The full amount of the Purchase Price shall be paid in immediately available funds to
the City on the Closing Date (defined below).
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3. ESCROW.
3.1 Escrow Account. The Parties shall open an escrow account (the “Escrow”)
with First American Title Company (the “Escrow Holder”). VCC shall be responsible for all
Escrow fees and costs. Escrow Holder shall perform all Escrow and title services in connection with
this Agreement.
3.2 Opening of Escrow. Within three (3) business days after the Effective Date,
the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto.
The date such fully executed Agreement is received by Escrow Holder will be deemed the “Opening
of Escrow” and Escrow Holder will give written notice to the Parties of such occurrence.
3.3 Satisfaction of Due Diligence Contingency. VCC shall have the right, in its
sole and absolute discretion, to terminate this Agreement for any reason prior to the expiration of the
“Due Diligence Contingency Period” (as defined in Section 4.2 below). VCC hereby agrees to
provide written notice to City prior to the expiration of the Due Diligence Contingency Period if
VCC disapproves any due diligence items or approves all due diligence items (“VCC Notice”). If
VCC disapproves any items through the delivery of the VCC Notice to City before 5:00 p.m. on the
last day of the Due Diligence Contingency Period, this Agreement shall terminate, and all amounts
deposited by VCC into Escrow will be returned to VCC, and neither Party shall have any further
rights or obligations hereunder except those which expressly survive the termination hereof. If VCC
fails to timely deliver the VCC Notice to City, it will be conclusively presumed that VCC has: (i)
approved all such items, matters or documents and (ii) waived its termination rights under Section
3.3 of this Agreement.
4. PROPERTY DISCLOSURE REQUIREMENTS.
4.1 Condition of Title/Preliminary Title Report. At VCC’s sole cost and
expense, VCC shall obtain a Preliminary Title Report for the Property (the “Preliminary Report”)
within fifteen (15) days after the Effective Date. VCC shall have fifteen (15) days after receipt of
the Preliminary Report to approve the Preliminary Report. If there are any changes to the
Preliminary Report prior to Closing, VCC shall have fifteen (15) days after receipt of the revised
Preliminary Report to approve such changes. Notwithstanding VCC’s delivery of the VCC Notice,
VCC agrees to take title to the Property subject to the following “Permitted Exceptions:” (a)
standard printed exceptions in the buyer’s title policy, (b) general and special real property taxes and
assessments constituting a lien not yet due and payable, and (c) any other title exceptions expressly
approved by VCC pursuant to the VCC Notice.
4.2 Due Diligence Contingency Period. VCC will have thirty (30) days from
the Effective Date (the “Due Diligence Contingency Period”) to complete physical inspections of
the Property and due diligence related to the purchase of the Property. During the Due Diligence
Contingency Period, representatives of VCC shall have the right of access to all portions of the
Property, at all reasonable times, for the purpose of conducting studies, inspections and
investigations of the Property and obtaining data and making surveys and tests necessary to carry out
this Agreement, including the investigation of the environmental condition of the Property, and
geotechnical, seismic, mechanical, and engineering testing. Any such access to the Property by
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VCC shall be done at the sole expense of VCCand shall be coordinated with City’s representatives.
Any surveys and tests shall be undertaken only after securing any necessary permits from the
appropriate governmental agencies. As soon as practical after the Effective Date, City shall provide
to VCC copies of all reasonably available and known documents that City has in its possession with
respect to the Property. VCC hereby agrees to indemnify and hold City harmless for any damage to
the Property caused (but not merely revealed) by VCC’s inspections.
4.3 Property Disclosure. California Health & Safety Code section 25359.7
requires owners of non-residential real property who know, or have reasonable cause to believe, that
any release of hazardous substances are located on or beneath the real property to provide written
notice of same to the buyer of real property. Other applicable laws require City to provide certain
disclosures regarding natural hazards affecting the Property. City agrees to disclose to VCC all
material information with respect to the Property and all defects therein known by City, and to make
all necessary disclosures required by law. City hereby represents to the best of its knowledge that it
is not aware of and has not received any notice or communication from any government agency
having jurisdiction over the Property notifying City of the presence of surface or subsurface zone
Hazardous Materials in, on, or under the Property or any portion thereof. “Best of its knowledge,” as
used herein, shall not impose a duty of investigation, and shall be limited to the best knowledge of
City employees and agents who manage the Property or have participated in the preparation of this
Agreement, and all documents and materials in the possession of City.
5. CLOSING AND PAYMENT OF PURCHASE PRICE.
5.1 Closing. The closing (“Closing” or “Close of Escrow”) will occur no later
than thirty (30) days after the end of the Due Diligence Contingency Period (“Closing Date”). In
the event that Closing has not occurred on or prior to the Closing Date, either Party not then in
default may, upon five (5) days advance written notice to the other Party, terminate this Agreement
and the Escrow. If neither Party so elects to terminate this Agreement and the Escrow, Escrow
Holder shall close the Escrow as soon as possible. Upon any termination of this Agreement, neither
Party shall have any further rights or obligations hereunder; except for the rights and obligations
expressly provided to survive termination of this Agreement.
5.2 VCC’s Conditions to Closing. VCC's obligation to purchase the Property is
subject to the satisfaction of all of the following conditions or VCC's written waiver (in VCC’s sole
discretion) of such conditions on or before the Closing Date:
(a) Expiration of the Due Diligence Contingency Period with no exercise
by VCC of its rights under this Agreement to terminate this Agreement.
(b) City has deposited into the Escrow a fully executed “Grant Deed” (as
defined in Section 5.5(a) below) and all other documents to be submitted by City pursuant to this
Agreement, all duly executed by City.
(c) VCC has deposited (or caused to be deposited, as the case may be) into
the Escrow the Purchase Price and all Escrow fees and costs under Section 5.5(d) below (“Escrow
and Title Costs”).
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(d) City’s representations and warranties herein are true and correct in all
material respects as of the Closing Date.
(e) The Title Company is irrevocably committed to issue a CLTA or
ALTA Title Policy to City, as selected by VCC, and such endorsements requested by VCC, insuring
title to VCC in the full amount of the Purchase Price subject only to the Permitted Exceptions.
(f) City has performed all obligations to be performed by City pursuant to
this Agreement.
5.3 City’s Conditions to Closing. The Close of Escrow and City’s
obligation to sell and convey the Property to VCC are subject to the satisfaction of the following
conditions or City’s written waiver (in City’s sole discretion) of such conditions on or before the
Closing Date:
(a) VCC has deposited into the Escrow the Purchase Price and all Escrow
and Title Costs.
(b) VCC has deposited into the Escrow a fully executed Acceptance of
Grant Deed and all other documents to be submitted by VCC pursuant to this Agreement, all duly
executed by VCC.
(c) VCC’s representations and warranties set forth herein are true and
correct in all material respects as of the Closing Date.
(d) VCC has performed all obligations to be performed by VCC pursuant
to this Agreement before Closing Date.
5.4 Conveyance of Title. City will deliver fee simple title to VCC at the Closing,
subject only to the Permitted Exceptions. The Property will be conveyed by City to VCC in an “as
is”, “where is,” and “with all faults” condition, with no warranty, express or implied, by City as to
the physical condition; provided, however, that the foregoing shall not relieve City from disclosure
of any such conditions of which City has actual knowledge.
5.5 Deliveries at Closing.
(a) Deliveries by City. City shall deposit into the Escrow for delivery to
VCC at Closing: (i) a grant deed, substantially in the form of Exhibit C attached hereto and
incorporated herein (the “Grant Deed”); and (ii) any other documents required for the Escrow.
(b) Deliveries by VCC. No less than one (1) business day prior to the
close of Escrow, VCC shall deposit into Escrow (i) the acceptance of the Grant Deed, and (ii)
immediately available funds in the amount equal to the Purchase Price as adjusted by any prorations
between the Parties, and all Escrow and Title Costs.
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(c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant
Deed; (ii) disburse to City the Purchase Price; (iii) deliver to VCC a conformed copy of the original
recorded Grant Deed; and (iv) distribute to itself the payment of Escrow fees and expenses required
hereunder.
(d) Closing Costs. VCC shall each be responsible for all Escrow fees
and costs, and all other closing fees and costs (including the costs of preparing documents and
instruments), recording fees, governmental conveyance fees and transfer taxes (if any). VCC
shall also pay title insurance and title report costs and all expenses associated with obtaining title
insurance and report.
(e) Property Taxes. At the close of escrow, the Escrow Agent shall
make the following prorations: (i) property taxes will be prorated as of the close of escrow based
upon the most recent tax bill available, including any property taxes which may be assessed after
the close of escrow but which pertain to the period prior to the transfer of title to the Property to
VCC, regardless of when or to whom notice thereof is delivered; and (ii) any bond or
assessment that constitutes a lien on the Property at the close of escrow will be assumed by VCC.
City does not pay ad valorem taxes.
6. REPRESENTATIONS, WARRANTIES AND COVENANTS.
6.1 City’s Representations, Warranties and Covenants. In addition to the
representations, warranties and covenants of City contained in other sections of this Agreement, City
hereby represents, warrants and covenants to VCC that the statements below in this Section 6.1 are
each true and correct as of the Closing Date; provided, however, if to City’s actual knowledge any
such statement becomes untrue prior to Closing, City will notify VCC in writing and VCC will have
three (3) business days thereafter to determine if VCC wishes to proceed with Closing. If VCC
determines it does not wish to proceed, then the terms of Section 6.2 will apply.
(a) Authority. City is a municipal corporation, lawfully formed, in
existence and in good standing under the laws of the State of California. City has the full right,
capacity, power and authority to enter into and carry out the terms of this Agreement. This
Agreement has been duly executed by City, and upon delivery to and execution by VCC is a valid
and binding agreement of City. The City has complied with, and is not required to take any further
actions to comply with, state surplus property law requirements, City property conveyance
requirements, or any other legal requirements except as provided in this Agreement.
(b) Encumbrances. City has not sold, leased, alienated, encumbered,
transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any
portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances,
mortgages, leases, covenants, conditions, reservations, restrictions, easements or other matters
affecting the Property, except as disclosed in the Preliminary Report. City will not, directly or
indirectly, sell, lease, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its
interest in the Property or any portion thereof prior to the Close of Escrow, as long as this Agreement
is in force.
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(c) Other Agreements. There are no agreements affecting the Property,
except for any Permitted Exceptions.
(d) No Occupants of Property. There are no tenants, occupants or other
persons who reside on the Property or have any right to occupy the Property.
The truth and accuracy of each of the representations and warranties, and the performance of
all covenants of City contained in this Agreement are conditions precedent to VCC’s obligation to
proceed with the Closing hereunder. The foregoing representations and warranties shall survive the
expiration, termination, or close of Escrow of this Agreement and shall not be deemed merged into
the deed upon closing.
6.2 VCC’s Representations and Warranties. In addition to the representations,
warranties and covenants of VCC contained in other sections of this Agreement, VCC hereby
represents, warrants and covenants to City that the statements below in this Section 6.2 are each true
as of the Effective Date, and, if to VCC’s actual knowledge any such statement becomes untrue prior
to Closing, VCC shall so notify City in writing and City shall have three (3) business days thereafter
to determine if City wishes to proceed with Closing.
(a) VCC has the full right, capacity, power and authority to enter into and
carry out the terms of this Agreement. This Agreement has been duly executed by VCC, and upon
delivery to and execution by City shall be a valid and binding agreement of VCC.
(b) Upon acquisition of the Property, VCC intends to convey the Property
for the development of a 55-bed memory care facility with associated amenities and improvments.
The truth and accuracy of each of the representations and warranties, and the performance of
all covenants of VCC contained in this Agreement are conditions precedent to City’s obligation to
proceed with the Closing hereunder.
7. REMEDIES In the event of a breach or default under this Agreement by City, if such
breach or default occurs prior to Close of Escrow, VCC reserves the right to either (a) seek specific
performance from City or (b) to do any of the following: (i) to waive the breach or default and
proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date
until City is able to perform; or (iii) to terminate this Agreement upon written notice to City,
whereupon City shall cause Escrow Holder to return to VCC any and all sums placed into the
Escrow by VCC, and except for the rights and obligations expressly provided to survive termination
of this Agreement, neither Party shall have any further obligations or liabilities hereunder. IN NO
EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL
DAMAGES AS A RESULT OF THE OTHER PARTY’S BREACH OF THIS AGREEMENT.
8. BROKERS. City represents that no real estate broker has been retained by City in the
sale of the Property or the negotiation of this Agreement. City shall indemnify, hold harmless and
defend VCC from any and all claims, actions and liability for any breach of the preceding sentence,
and any commission, finder’s fee, or similar charges arising out of City’s conduct. VCC represents
that no real estate broker has been retained by VCC in the procurement of the Property or negotiation
of this Agreement. VCC shall indemnify, hold harmless and defend City from any and all claims,
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actions and liability for any breach of the preceding sentence, and any commission, finder’s fee, or
similar charges arising out of VCC’s conduct.
9. MISCELLANEOUS.
9.1 Attorneys’ Fees. If any Party employs counsel to enforce or interpret this
Agreement, including the commencement of any legal proceeding whatsoever (including insolvency,
bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be
entitled to recover its reasonable attorneys’ fees and court costs (including the service of process,
filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any
bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in
any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any
other remedy it may obtain or be awarded. Any judgment or final order issued in any legal
proceeding shall include reimbursement for all such attorneys’ fees and costs. In any legal
proceeding, the “prevailing Party” shall mean the Party determined by the court to most nearly
prevail and not necessarily the Party in whose favor a judgment is rendered.
9.2 Interpretation. This Agreement has been negotiated at arm’s length, each
Party has been represented by independent legal counsel in this transaction, and this Agreement has
been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives
any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal
decision that would require interpretation of any ambiguities in this Agreement against the drafting
Party.
9.3 Survival. All indemnities, covenants, representations and warranties
contained in this Agreement shall survive Close of Escrow.
9.4 Assignment. Absent an express signed written agreement between the
Parties to the contrary, neither City nor VCC may assign its rights or delegate its duties under
this Agreement without the express written consent of the other, which consent may be withheld
for any reason. No permitted assignment of any of the rights or obligations under this
Agreement shall result in a novation or in any other way release the assignor from its obligations
under this Agreement.
9.5 Successors. Except as provided to the contrary in this Agreement, this
Agreement shall be binding on and inure to the benefit of the Parties and their successors and
assigns.
9.6 Governing Law. This Agreement shall be construed and interpreted in
accordance with the laws of the State of California.
9.7 Integrated Agreement; Modifications. This Agreement contains all the
agreements of the Parties concerning the subject hereof and cannot be amended or modified except
by a written instrument executed and delivered by the Parties. There are no representations,
agreements, arrangements or understandings, either oral or written, between or among the Parties
hereto relating to the subject matter of this Agreement that are not fully expressed herein. In
addition there are no representations, agreements, arrangements or understandings, either oral or
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written, between or among the Parties upon which any Party is relying upon in entering this
Agreement that are not fully expressed herein.
9.8 Severability. If any term or provision of this Agreement is determined to be
illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or
invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not
be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any
provision or part thereof of this Agreement is stricken in accordance with the provisions of this
Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable
and valid provision this is in keeping with the intent of the Parties as expressed herein.
9.9 Notices. Any delivery of this Agreement, notice, modification of this
Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval,
waiver, declaration or other communication that either Party desires or is required to give to the
other Party or any other person shall be in writing. Any such communication may be served
personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which
provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the
Party’s address as set forth below:
To City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Attn: City Manager
Copy to City Attorney
To VCC:
Attn:
To Escrow Holder:
Attn:
Any such communication shall be deemed effective upon personal delivery or on the date of
first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable.
Any Party may change its address by notice to the other Party. Each Party shall make an ordinary,
good faith effort to ensure that it will accept or receive notices that are given in accordance with this
section and that any person to be given notice actually receives such notice.
9.10 Time. Time is of the essence to the performance of each and every
obligation under this Agreement.
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9.11 Days of Week. If any date for exercise of any right, giving of any notice, or
performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for
performance will be extended to 5:00 p.m. on the next business day.
9.12 Reasonable Consent and Approval. Except as otherwise provided in this
Agreement, whenever a Party is required or permitted to give its consent or approval under this
Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is
required or permitted to give its consent or approval in its sole and absolute discretion or if such
consent or approval may be unreasonably withheld, such consent or approval may be unreasonably
withheld but shall not be unreasonably delayed.
9.13 Waivers. Any waiver by any Party shall be in writing and shall not be
construed as a continuing waiver. No waiver will be implied from any delay or failure to take action
on account of any default by any Party. Consent by any Party to any act or omission by another
Party shall not be construed to be a consent to any other subsequent act or omission or to waive the
requirement for consent to be obtained in any future or other instance.
9.14 Signatures/Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. Any one of such completely executed counterparts shall be sufficient
proof of this Agreement.
9.15 Date and Delivery of Agreement. Notwithstanding anything to the contrary
contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and
delivered for all purposes under this Agreement, and for the calculation of any statutory time periods
based on the date an agreement between Parties is effective, executed, or delivered, as of the
Effective Date.
9.16 Representation on Authority of Parties. Each person signing this Agreement
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement. Each Party represents and warrants to the other that the execution and
delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly
authorized and that the Agreement is a valid and legal agreement binding on such Party and
enforceable in accordance with its terms.
9.17 City Approvals. Whenever this Agreement calls for City approval, consent,
extension or waiver, the written approval, consent, or waiver of the City’s City Manager or his or her
designee(s) shall constitute the approval, consent, extension or waiver of the City, without further
authorization required from the City’s City Council. The City hereby authorizes the City Manager
and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are
required by this Agreement, or that do not otherwise reduce City’s rights under this Agreement, and
to waive requirements under this Agreement, on behalf of the City.
IN WITNESS WHEREOF, this Agreement is executed by City and VCC as of the
Effective Date.
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City:
City of Dublin,
a California municipal corporation
By:
Name: Linda Smith
Its: City Manager
Attest:
___________________________________
City Clerk
Reviewed as to Form:
___________________________________
City Attorney
Valley Christian Center:
By:
Name:
Its:
EXHIBIT A
LEGAL DESCRIPTION
(See Separate Attachment)
EXHIBIT B
PLAT MAP
(See Separate Attachment)
EXHIBIT C
GRANT DEED
Recording Requested by
and When Recorded, Return to:
VCC
7500 Inspiration Drive
Dublin, California 94568
Attn: (Please complete this section)
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
THE UNDERSIGNED GRANTOR(s) DECLARE(s):
DOCUMENTARY TRANSFER TAX IS $__________________ computed on full value of
property conveyed, or computed on full value less value of liens or encumbrances remaining at
time of sale.
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, as of
_________________, 202__, the City of Dublin, a municipal corporation (the “Grantor”),
hereby grants to Valley Christian Center, a _____________________ (the “Grantee”), all that
real property located in the City of Dublin, County of Alameda, State of California, reserving
therefrom a Public Service Easement along the southerly ten feet (10’) of the real property, as
particularly described in Exhibit A and B hereto and incorporated in this grant deed (“Grant
Deed”) by this reference.
________________
By:
Name:
Its:
Exhibit A to Grant Deed
LEGAL DESCRIPTION
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California )
) ss.
County of ____________ )
On_____________________, 20____ before me, _____________________, a Notary Public, in and
for said State and County, personally appeared _______________________, who 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 upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________
NOTARY PUBLIC