HomeMy WebLinkAbout09/07/1993, C-4 - FIRST AMENDMENT TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN CLINIC PROPERTIES AND CITY OF SAN LUIS OBISPO ����IIII��I��INlllllllul II city o f N l�E:
I►i ���� san suis oBispo ME ��, �
COUNCIL AGENDA REPORT ITEM NUMBER 6
FROM: JEFF JORGENSEN, CITY ATTORNEY
PREPARED BY: ,/ CINDY CLEMENS, ASSISTANT CITY ATTORNEY
SUBJECT: FIRST AMENDMENT TO PURCHASE AGREEMENT AND
ESCROW INSTRUCTIONS BETWEEN CLINIC PROPERTIES
AND CITY OF SAN LUIS OBISPO
RECOMMENDATION: ADOPT RESOLUTION APPROVING FIRST AMENDMENT TO
PURCHASE AGREEMENT
BACKGROUND:
On August 17 , 1993 , the City Council reviewed a confidential
memorandum discussing a settlement proposal in the case of San Luis
Medical Clinic v. Home Fed Trust. etal . The Council directed staff
to proceed with the settlement proposal outlined in the
confidential memorandum, which includes a minor amendment to the
Purchase Agreement and Escrow Instructions Between Clinic
Properties and the City of San Luis Obispo. The amendment is
attached.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. The City Council may choose not to consent to the First
Amendment to the Purchase Agreement. This is not recommended as it
will not settle San Luis Medical Clinic v. Home Fed Trust, etal , in
which the City is a cross-defendant.
2. The City Council may choose to continue this item if
additional information or discussion is required, in which case a
further closed session will be scheduled.
CBC/sw
Attachments:
1. Resolution
2 . First Amendment to the . Purchase Agreement Between Clinic
Properties and City of San Luis Obispo
3 . Legislative Draft of Changes to Paragraph 15.
C-y_/
Recording Requested by and
when Recorded return to:
City Clerk
City of San Luis Obispo
990 Palm St., P.O. Box 8100
San Luis Obispo, CA 93403-8100
RESOLUTION NO. (1993 Series)
A RESOLUTION OF THE CITY COUNCIL: OF THE CITY
OF SAN LUIS OBISPO CONSENTING TO THE FIRST
AMENDMENT TO THE PURCHASE AGREEMENT
BETWEEN CLINIC PROPERTIES AND THE
CITY OF SAN LUIS OBISPO
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
as follows:
SECTION 1. The City Council hereby consents to the First
Amendment to Purchase Agreement and Escrow Instructions between
Clinic Properties and the City of San Luis Obispo, dated December
20, 1988, and recorded as Document No. 19043 , Official Records, San
Luis Obispo County, California, at Volume 3290, Page 756, on March
30, 1989.
SECTION 2. The Mayor is authorized to sign the "First
Amendment to the Purchase Agreement and Escrow Instructions Between
Clinic Properties and the City of San Luis Obispo, " attached hereto
as Exhibit "A" and incorporated herein by reference, on behalf of
the City.
Upon motion of seconded by ,
and on the following roll call vote.:
Ayes:
Noes:
Absent:
. the foregoing Resolution was adopted this day of ,
1993 .
Mayor Peg Pinard
ATTEST:
Diane Gladwell, City Clerk
APPROVED AS TO FORM:
t
f
0rn , '4911ty Attorney
First Amendment to the Purchase
Agreement and Escrow Instructions
Between Clinic Properties and the
City of San Luis Obispo
The Purchase Agreement and Escrow Instructions ("Agreement")
entered into on December 20, 1988 , by and between Clinic Properties
("Sellers") and the City of San Luis Obispo ("Buyer") , and recorded
as Document No. 19045, Official Records, San Luis Obispo County,
California, at Volume 3290, Page 756, on March 30, 1989, is hereby
amended as follows:
1. Paragraph 15 is deleted and replaced with new Paragraph 15
to read:
1115. Sellers' Right to Cross After Close of Escrow.
Subsequent to Close of Escrow Buyer agrees to allow Sellers
the non-exclusive use of the Property as would be permitted to
the general public. Buyer agrees to maintain a driveway ramp
adjacent to property at 883 Marsh Street and to allow Sellers
to use this and the paved entry to the Marsh Street Parking
Structure to access the Parent Property provided owners of the
property at 883 Marsh Street also agree to permit such access.
If the Sellers' easement for right-of-way across the adjacent
property at 883 Marsh St. terminates for any reason, or upon
notice that the easement for right of way is to be terminated
(whichever is sooner) , Buyer agrees to provide, upon request,
direct access to the Parent Property across the Property.
Seller agrees that it will bear the cost of preparing the
Parent Property for this alternative access, including the
removal of existing fencing and parking blocks as well as the
installation of a driveway. This permission is granted as
long as the adjacent property at 871 Marsh Street is needed as
the entry to the Marsh Street Parking Structure. If this
condition changes, permission is revocable upon 90 days
written notice. "
All other terms and conditions of the Agreement shall remain
in full force and effect and shall continue to bind the parties
hereto.
Exhibit "A"
IN WITNESS WHEREOF, the parties hereto have executed this
First Amendment to the Agreement this day of 1993 .
CITY OF SAN LUIS OBISPO: CLINIC PROPERTIES:
By: By:
Mayor Peg Pinard
ATTEST: (notarization)
Diane Gladwell, City Clerk
Approved as to Form: Approved as to Form:
A to a Attorney for Clinic Properties
2
LEGISLATIVE DRAFT
15. Sellers' Riaht to Cross After Close of Escrow.
Subsequent to Close of Escrow Buyer agrees to allow Sellers
the non-exclusive use of the Property as would be permitted to
the general public. Buyer agrees to maintain a driveway ramp
adjacent to property at 883 Marsh Street and to allow Sellers
to use this and the paved entry to the Marsh Street Parking
Structure to access the Parent Property provided owners of the
property at 883 Marsh Street also agree to permit such access.
�: the ;Seilers' easelp r:t for:;r :gh of day across the adjacent
Sresperty at:883 Marsh St terminates for any reason, ar upon
xso ce ,;that the easement for;; right of w:ay is to be terniirlated
whichever ss saaier} , #Huyer; agrees to .:provide, upon requast ;
........
to the ;Parent Property „ across the Pro:pert.y ..
Selleragrees that ifi wallbear; the cost ;:of preparing the
Arent Propexty for this aIterna;tave ''access, snit ding the
removal of exls.ing fencing and parking; blacks as `Ve:::: the
.:.
ansta latzon #f driveway This permission is granted as
. :............. ...:...:................:........:::::::.:.
long as the adjacent property at 871 Marsh Street is needed as
the entry to the Marsh Street Parking Structure. If this
condition changes, permission is revocable upon 90 days
written notice. "
C- 4K..'r