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Home My WebLink AboutR-5519 Accepting offer from William Kiely to Purchase City Property - the Gudel PropertyRESOLUTION NO. 5519 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING AN OFFER FROM WILLIAM KIELY TO PURCHASE THE GUDEL PROPERTY WHEREAS, the Planning Commission at its August 21, 1981 meeting determined the sale of the Gudel property to be in conformity with the General Plan; WHEREAS, the Council at its September 15, 1981, meeting concurred with the Planning Commission's determination; WHEREAS, the City has attempted to sell the Gudel property since 1982 without success, due to the presence of a radio transmitter on the property, and an ongoing dispute with KATY Radio over KATY'S right to remain on the property; WHEREAS, the City received an offer.from William Kiely to purchase the Gudel property subject to any lease with KATY Radio. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The sale of the Gudel property would be for the benefit of the City and is necessary and proper for Municipal purposes. SECTION 2. The offer of William Kiely dated October 15, 1984, as modified by amendment dated October 29, 1984, (attached hereto as Exhibits "A" and "B" respectively, and incorporated herein by this reference), is hereby accepted, subject to the following conditions, and provided William Kiely communicate his acceptance of said conditions an writing no later than 5:00 p.m. on November 9, 1984: (a) Padio agree with the City in writing that the lease, if any, between it and the City, e��ires as of the close of excrow; (b) Reservation of utility easements to the approval of the Public Works Director; -- - - -- - - - -- -- - -- R 5519 Resolution No. 5519 (1984 Series) Page 2: (c) Approval of the purchaser's financial statement by the City Attorney; (d) Resolution of the ongoing litigation with KATY Radio to the satisfaction of.the City Attorney. SECTION 3. the Mayor is hereby authorized to execute all necessary documents. SECTION 4. The City Clerk shall furnish a copy of this Resolution to: William Kiely, finance Director, Public Works Director, City Attorney. On 'motion of Councilman Settle And on the following toll call vote: seconded by Mayor Billig AYES: Councilman Settle, Mayor Billig, and Co.uncilinembers DoVey,,Dunin and Griffin NOES: None ABSENT: None the foregoing Resolution was passed November, 1984. ATTEST: City Cl- rk PAMELA, VOGESO A,FnOVED: ". - #, OL D*-AA0-1 y O%r-orney Public Works Director -"�- adopted this 6th day of }IELAIUE C. BILL LR-�� g=el`• . n REAL ESTATE PURCHASE CONTRACT San Luis Obispo, California October 15, 1984 BUYER: WILLIAM KIELY dba PACIFIC ACCESS P.O. Box 1098 San Luis Obispo, California 93406 SELLER: CITY OF SAN LUIS OBISPO PROPERTY; Gudel property located on South.Higuera Street, City of San Luis Obispo, California (adjacent to the City Sewer Farm) approximately 9 1/2 acres; 'APN: 053 - 051 -36 -940 PURCHASE PRICE: $390,000.00 TERMS: $5,000.00_upon acceptance of this Contract. $45,000.00 upon close of escrow. $340.,000.00 to be evidenced by a Purchase. Money Promissory Note secured by Deed of Trust in favor of the City.of San Luis Obispo requiring monthly installments of interest only at thirteen percent (13 %) per annum with the entire balance of principal and any unpaid interest all due and payable five (5) years after the date of close of escrow. BUYER'S CONDITIONS: Close of escrow shall be conditioned upon Buyer's approval of Preliminary Title Report within ten (10) days of receipt of a copy of such report. Seller is to provide title insurance showing title to be free of liens, encumbrances, easements known to Seller other than the following: (a) current property taxes, (b) covenants, conditions, restrictions And public utility easements of record, if any, provided the same do not adversely affect use of the property for retail and wholesale sales of lumber and other building materials, and (c) the existing lease. if any, for the radio transmitter tower to KATY. FAILURE OF CONDITION: If any of Buyer's conditions are not satisfied by the date for close of escrow, Seller or Buyer may terminate this agreement and deposit shall be returned to Buyer subject to reduction only for closing costs incurred which would_ have been attributable to Buyer if the sale had been completed. POSSESSION: Possession shall be delivered to Buyer on December 3. 1984. rY.HIBIT "Arr.-I i� J ESCROW: Within two (2) days of Seller's acceptance, Sel-l.c and Buyer shall cause an escrow to be opened Safeco Title or First American -Title at.Buyer's choice and Buyer shall deposit the $5,000.00 into escrow. CLOSE OF ESCROW: Escrow.is to close on December 3, 1984.. CLOSING COSTS: Closing costs shall be divided as follows: a. Escrow fees to be divided equally between Buyer and Seller. b. A title insurance commitment or Preliminary Title Report and a California Land Title Association standard policy shall be furnished at Seller's expense. c. Seller shall pay the documentary transfe- tax, the cost of preparation and recording deeds, and all other expenses incidental to the removal of existing encumbrances. d. Buyer shall'pay the costs of recording any new Deed of Trust related to the purchase money loan. PRORATIONS: Rents and property taxes and premiums on insuranc acceptable to Buyer shall be pr"orated'as of the date of recordation'of deed. Any bond or-Assess- ment-which is a lien shall be paid by Seller. GENERAL: ACCEPTANCE: DATED: October 15, 1984 ACCEPTANCE: In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled . to reasonable attorney's fees and costs.' Time is of the essence. All modifications and extensions shall be in writing signed by the parties. Acceptance must'be'communicated to Buyer prior to 5:00 P.M. on October 19, 1984. BUYER:. . LLIAMI KaeLY DATED: October 1984.. SELLER:.;, CITY OF SAN LUIS OBISPO BY: -2- J S r AMENDMENT TO REAL ESTATE PURCHASE CONTRACT OF OCTOBER 15, 1984 WILLIAM KIELY, dba PACIFIC ACCESS, hereby renews the Real Estate Purchase. Contract dated October 15, 1984 subject to the following provisions: USE PERMITS: Close of escrow shall be conditioned upon Buyer's obtaining use permits from the City of San Luis Obispo allowing use of the property for retail and wholesale sales of lumber and other building materials, and location of the existing radio transmitter tower,and antenna system. Buyer shall.apply for such permits; forthwith. POSSESSION: Possession shall be delivered to Buyer on January 25, 1985. CLOSE OF ESCROW: Escrow is to close on January 25, 1985. ACCEPTANCE: Acceptance must be communicated to Buyer prior to 5:00 P.M. on November 9, 1984. All of the terms of the Real Estate Purchase Contract of October 15, 1984 not specifically changed by this Amendment shall remain as stated in that document. DATED: October 29, 1984 ACCEPTANCE: DATED: October , 1984 BUYER: WILLIAMtKIEJ SELLER: CITY OF SAN LUIS OBISPO In EXHI ON "By' 5�,