HomeMy WebLinkAbout10/29/1991, C-16 - AMENDMENT TO PURCHASE AGREEMENT FOR EMERSON SCHOOL SITE AND APPROVAL TO NEGOTIATE FOR ARCHITECTURAL SERVICES FOR NEW HEADQUARTERS FIRE STATION AT THAT SITE. Meeting Date: 10./29/91
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COUNCIL AGENDA REPORT
From: Robert Neumann, Fire Chief V ,
Prepared By: Erwin Willis, Battalion Chief '
Subject: Amendment to purchase agreement for Emerson
School site and approval -to negotiate for
Architectural Services for new Headquarters
Fire Station at that site.
CAO RECOMMENDATION:
By motion, approve and authorize the Mayor to execute an amendment to
the purchase and sales agreement for the Emerson School Property with
San Luis Coastal Unified School District.
By motion, authorize staff to negotiate a contract with Grant Pedersen
Phillips Architects for design services of a new Headquarters Fire
Station with expansion office space, and to return to City Council for
contract approval and execution.
DISCUSSION:
During the FY 1989-91 budget hearings the City Council approved
funding for the construction of a new Headquarters Fire Station with
6, 500 sq. ft. of expansion office space. This budget includes
$2, 500, 000 for site acquisition and $400, 000 for design of this new
station. On November 7, 1990, Council approved expending $2,640, 000
for the purchase of the Emerson School site and directed staff to
begin design and planning activities for the relocation of Fire
Station Number One.
The City entered into an agreement with San Luis Coastal Unified
School District to purchase the property with the City taking
ownership and funds being transferred on July 1, 1991. The School
District was to have vacated the site and moved their operations from
this site to the Pacific Beach School site by this date. The School
District was unable to obtain the modular buildings needed in time to
meet this date and therefore the transaction has not taken place. The
School District now believes the site will be vacated between November
11 1991 and December 31, 1991. An escrow has been started at Ticor
Title that reflects this range of closing dates. Due to these changes
the original agreement needs to be amended to reflect these new dates.
Additionally, 'the design of the new building needs to begin as
directed by Council. at the November 7 meeting. At that meeting
several council members expressed a desire to look into the
feasibility of co-locating a senior citizens or recreation center on
the site. The Planning Department asked Jay Farbstein and Associates,
Inc. , the City's consultant for locating possible sites for these
facilities, to look into this possibility. They evaluated this
possibility and the attached letter gives their opinion on this
option. In summary, the letter states that the site is not large
enough to accommodate a fire station and one of these other
city Of San LUIS OBISPO
COUNCIL AGENOA REPORT
facilities, if the lawn area at the west half of the site is to remain
as open space, as Council has directed.
Staff is therefore recommending that design of the fire station move
ahead without further consideration of including a senior or
recreation center into its design. The current lawn area will remain
as open space that could be used by one of these facilities in the
future if Council so desired. The 6, 500 sq. ft. of expansion office
space will be designed for use by the Recreation Department for use as
their main offices.
REQUEST FOR QUALIFICATIONS AND RSSIIME EVALUATION
In 1988, the City requested proposals from architectural firms for
foreseen city projects, one of which was the new headquarters fire
station. Eleven firms responded to this RFP and based on their
resumes we ranked the firms into the following order:
1) Pacific Associates Planners Architects (San Diego)
2) Grant Pedersen Phillips Architects (Santa Barbara)
3) Holewinski Blevens Fedelem & Lukes Architects (Salinas)
4) RRM Design Group (San Luis Obispo)
5) Ventura Group Architects (Camarillo)
6) The Architectural Office of Bruce Douglas Fraser, AIA (San Luis
Obispo)
7) Ross Levin MacIntyre & Varner Architects (San Luis Obispo)
8) Steven D. Pults, AIA & Associates (San Luis Obispo)
9) James H. Maul Associates, Inc. , A. I.A. (Morro Bay)
10) M Group Architects (San Luis Obispo)
11) Fred Keeble and George Rhoda, Architects (Monterey)
Based on the firm's experience, the quality of their work and the
recommendations of their references, the first six firms were judged
most qualified to work on city projects. They provide the broad range
of qualifications and experience that we need for all the projects
envisioned over the next few years.
INTERVIEWS AND RANKING
The top six firms on this list were invited to participate in an
interview process on March 14 , 1991. Five firms attended this
interview and an evaluation committee consisting of Robert Neumann,
Alison Lloyd, Dave Elliott, - Jim Stockton, and Erwin Willis evaluated
the five finalists. The firms were ranked in the following order:
1) Grant Pedersen Phillips Architects (Santa Barbara)
2) The Architectural Office of Bruce Douglas Fraser, AIA (San Luis
Obispo)
3) Pacific Associates Planners Architects (San Diego)
4) RRM Design Group (San Luis Obispo)
5) Ventura Group Architects (Camarillo)
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city of san Luis oBispo
MiS COUNCIL AGENDA REPORT
Based on the interviews and presentations made by the firms the
Evaluation Committee unanimously picked Grant Pedersen Phillips
Architects as the best qualified firm to design the new Headquarters
Fire Station.
FISCAL IMPACT
The delay in the transfer of the $2, 326, 000 in funds for purchase of
the school site will earn the City from $48, 000 to $72, 000 in interest
that the funds will gain due to the four to six month delay.
While negotiation of this contract will not obligate the city to any
cost, if the contract is approved by future Council action, a cost
would be incurred. Staff believes this contract should not exceed the
FY 1989-91 budget which contains $400, 000 for design of the new fire
station, all of which remains available. The FY 1991-93 Financial
Plan contains $3 , 000, 000 for the construction of the new station and
additional office space ($2 , 350, 000 for the Fire Station and $650,000
for the office space) .
CONCURRENCES
The Recreation Director concurs and will be involved in the design
stages of the facility.
ALTERNATIVES TO SIGNING AMENDMENT
1) Do not approve the amendment and require the School District to
transfer title and vacate the property immediately.
This alternative is not recommended because the City would then,
under State law, be required to help pay to relocate the School
Districts operations. The City would gain nothing from this
option.
ALTERNATIVES TO NEGOTIATING CONTRACT
1) Do not approve negotiation of contract with Grant Pedersen
Phillips Architects and direct staff to re-interview
architectural firms.
This alternative is not recommended because the Evaluation
Committee was unanimous in its selection of Grant Pedersen
Phillips Architects and a second interview would most likely
result in the same ranking.
2) Do not approve negotiation of contract with Grant Pedersen
Phillips Architects and direct staff to start negotiation with
another architectural firm.
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Mum COUNCIL AGENDA REPORT
This alternative is not recommended because the Evaluation
Committee felt that Grant Pedersen Phillips Architects had the
most experience in dealing with municipal buildings in sensitive
areas. As the proposed site needs to be carefully developed,
this becomes a critical consideration.
ATTACHMENTS
Attachment 1 Letter from Jay Farbstein & Associates, Inc.
Attachment 2 original agreement with amendment
ATTAC1iPI NT #1
)ay Farbstein & Associates, Inc.
Needs Assessment Studies
Facility Programming
Design Evaluation
May 31, 1991
REt;;f=lvt:.
JUN 041991
CRY of San fyu 0b,3p,
Jeanette DLeo, Long Rang Planner
Community Development Department
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403
Re: Use of Emerson School Site for Community/Senior Center Facilities
(Our Ref.:9006.1)
Dear Ms. DiLeo:
At your request, Mike Multari and I attended a meeting yesterday with city staff to review the potential of the
Emerson School site to accommodate senior center or community recreation center facilities along with the
planned fire station. With certain qualifications,which I will spell out below, I do not believe that there is a
significant potential to accommodate such facilities on the site. The reasons (and the limitations on
our opinions) are as follow:
1. Our conclusions are tempered by the fact that we are at a middle point of our study, have not yet
completed our surveys, and have not yet determined needs or siting options.
2. There is apparently a commitment to leave more than half of the site as open space, providing a
park for the surrounding neighborhood. The balance of the site will be developed for Headquarters
Fre Station 1, including a two story building of about 26,000 square feet, circulation, parking and
landscaping. About 6,500 square feet of the building could be available for other uses.
3. The existing Senior Center in Mitchell Park is about 5,000 square feet and has recently been
renovated. There would not appear to be a reason to replace it with a similar sized facility in
generally the same part of town. Therefore,we do not see the potential to use the space for senior
facilities.
4. The Recreation Center on Santa Rosa Street is about 13,000 square feet and is in the process of
being renovated. Although our needs study is not yet complete, among.the facilities which have
been identified as being needed—which it will lack when it reopens—is a high school size gym
for basketball leagues and other activities. Such a gym requires at least 8,000 square feet and is
the equivalent of about two stories tall. There would not be space on the site for such a gym. If a
replacement recreation center including a gym were to be placed on the site, it would probably be
about the size of the entire building that is now planned. Therefore,this site would not provide for
the most likely needed centralized recreation facilities.
d-4-S�
1411 Marsh Street,Suite 204,San Luis Obispo,California 93401 • Telephone:805 541 4940 9 Fax:805 541 0612
Jay Farbstein &Associates, Inc.
Jan DiLeo
May 31, 1991
Page 2
S. Our study will address the pros and cons of centralized versus decentralized recreation/senior
facilities (and may recommend some combination of the two). It will also address site selection for
these faciti ies. However, even at this early stage of our study,the available portion of this site
does not appear to offer either the dight amount of space for a larger centralized facility or a high
priority location for decentralized facilities(since this downtown neighborhood is, and would always
be, relatively close to the central facilities).
I hope that this tentative analysis is useful to the city in its decision making process. I you have any
questions, please call me.
Sincerely,
Jay Farbstein &Associates, Inc.
Jay Farbstein, PhD, AIA
President
pc:Mike Multari; Lynn Jamieson
e-/1-sA
1411 Marsh Street,Suite 204,San Luis Obispo,Califomia 93401 •Telephone:805 541 4940 • Fax:805 541 0612
Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
FOR THE EMERSON SCHOOL PROPERTY
A. That certain Purchase and Sale Agreement, dated November 7, 1990, by and between
the San Luis Coastal Unified School District (seller), a Unified School District under
the State Education Code, and the City of San Luis Obispo, a chartered Municipal
Corporation of the State of California (Buyer), is hereby amended as follows:
1. Seller shall transfer title, and Buyer shall make the second payment due under
paragraph 3 at such time as the existing tenants vacate, but no later than
December 31, 1991. This time period may be extended up to an additional
sixty (60) days upon mutual agreement of the Chief Administrative Officer of
the City of San Luis Obispo and the Superintendent of the San Luis Coastal
Unified School District or his designee.
2. All other terms and conditions of the Purchase and Sale Agreement dated
November 7, 1990, are to remain in full force and effect.
SET I ER BUYER
SAN LUIS COASTAL CITY OF SAN LUIS OBISPO
UNIFIED SCHOOL DISTRICT
By SUPERINTENDENT* By MAYOR
Date:
ATTEST:
APPROVED AS TO FORM:
CITY CLERK
C A * The signature of the Superintendent
will be acquired prior to Council
action on this item.
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A-145-90-CC
rIJRCHASE AND SALE AGREEMENT
For The Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
THIS PURCHASE AND SALE AGREEMENT ("Agreement") constitutes an
agreement by which the San Luis Coastal Unified School District, a Unified School
District under the State Education Code ("Seller"), agrees to sell, and CTTY OF SAN
LUIS OBISPO, a chartered municipal corporation of the State of California ("Buyer"),
agrees to purchase that certain real property ("Property") legally described as:
Lots 1,2,3,4,5,&6 of Block 2, of the Map of the Town of San Luis
Obispo recorded May 1, 1891 in Book A of Maps at page 168,
Assessors Parcel Number 003-515-001.
The terms and conditions of this Agreement, are as follows:
1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to
purchase from Seller, the Property upon the terms and conditions herein set forth-
2. Purchase Price. .The Purchase Price of the Property shall be Two
million, six-hundred, forty thousand dollars ($2,640,000.00).
3. Payment of Purchase Price. Buyer shall pay the Purchase Price for the
Property by delivering to the Seller the following payments:
$264,000.00 upon Seller's signing this agreement and
delivering a Preliminary Title report showing
title to be as warranted below
$2,326.000.00 upon Seller's delivery of deed
$50,000.00 to be placed by Seller in an environmental reserve
account as described below
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1 A-145-90-CC
R 6896
Purchase and Sale Agreement (Cont.) -
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
4. Conditions of Title. Fee simple absolute title to the Property shall be
conveyed by Seller to Buyer by grant deed (which grant deed shall be fully executed
and acknowledged by Seller, subject to no reservations and subject only to the
following conditions of title:
a. Matters affecting the Conditions of Title created by, or with the
written consent of, Buyer
b. At the time this agreement is executed by Seller, Seller shall deliver
to Buyer a Preliminary Title Report evincing the willingness of a Title insurer to
provide a policy of title insurance (C-LT-A- or equivalent) in the amount of the
Purchase Price showing title to the Property vested in Buyer. If Seller has not
removed any exceptions disapproved by Buyer prior to the time for transfer of title, in
addition to any other remedies available to Buyer, Seller shall return to Buyer any
sums paid by Buyer to Seller, and Seller shall bear the costs incurred by Buyer up to
that point.
5. Timing of Sale.
a. Initial Agreement. Once both parties have signed this agreement,
Seller shall have 15 days to deliver to Buyer the Preliminary Title Report described
above. Upon its delivery, the first payment under paragraph 3 above shall become
immediately due.
b. Transfer of Title. Seller shall transfer title, and Buyer shall make
the second payment due under paragraph 3 above on the first day of July, 1991.
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erw -8'
Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
c. Transfer of Environmental Reserve Fund. Buyer will use the fund to
abate existing environmental hazards on the property at time of Title Transfer. Such
abatement projects shall include, but not be limited to, asbestos removal. Any funds
not used for abatement projects shall be given to the Seller at the completion of
abatement work, or June 1, 1994, which ever comes first.
6. Costs and Expenses. The cost and expense of the title report and
insurance policy to be issued in favor of the Buyer pursuant to paragraph 4 hereof,
shall be paid by Seller. The cost of drafting documents necessary to this transaction
shall be born by the party responsible for furnishing the document. Recording fees, if
any, shall be born by the Buyer.
7. Waiver of Relocation Expenses. Seller is aware that if it is leasing the
Property at the time this agreement is signed, the Buyer may be liable for Relocation
Expenses. Seller assures and warrants to Buyer that there are no persons occupying
the Property who would qualify for Relocation Assistance under relevant State law.
Seller further agrees to indemnify Buyer for any breach of this assurance and
warranty.
8. Default. Seller agrees that if the within sale is not completed as herein
provided by fault of Seller, Buyer, at its option shall be entitled, in addition to any
other remedy now or hereafter available to Buyer under the laws or judicial decisions
of the State of California, to compel Seller to perform its obligations under this
Agreement by means of a specific performance proceeding or Buyer may terminate
this Agreement and shall be entitled to recover all of its out-of-pocket expenses
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Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
including but not limited to architectural and design costs and survey and engineering
fees for any proposed construction, as well as on site improvements made under
paragraph 12 below. The prevailing party in any litigation under this agreement shall .
be entitled to an award of reasonable attorney's fees payable by the other party.
9. Notices. All notices or other communication required or permitted
hereunder shall be in writing, and shall be personally delivered or sent by registered
or certified mail, postage prepaid, return receipt requested, at the following addresses:
Seller. Rory L Livingston, Assistant Superintendent
San Luis Coastal Unified School District
1499 San Luis Drive
San Luis Obispo CA 93401
Buyer: City Attorney
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Notice shall be deemed given as of the time of personal delivery or forty-eight (48)
hours following deposit in the United States mail. Notice of change of address shall
be given by written notice in the manner detailed in this paragraph.
10. Economic Value. The parties hereto expressly recognize and
acknowledge that the terms of this Agreement fully and fairly reflect the true and full
economic value of the Property.
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Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
11. Seller's Representations and Warranties.
a. In addition to any express agreements of Seller contained herein,
the following constitute representations and warranties of Seller which shall be true
and correct as of the transfer of title (and the truth and accuracy of which shall
constitute a condition to the Buyer accepting. the transfer of title):
(1) There are no actions, suits, claims, legal proceedings or any
other proceedings affecting the Property or any portion thereof at law or in equity
before any Court or governmental agency, domestic or foreign.
(2) Seller has not received any notices from governmental
authorities pertaining to violations of law or governmental regulations with respect to
the Property, and does not ]mow of any which may have been received by their
predecessors in interest..
(3) Seller has no knowledge of any pending or threatened
proceeding in eminent domain or otherwise by any public entity which would affect
the Property, or any portion thereof, nor does Seller know the existence of any facts
which might give rise to such action or proceedings.
(4) There are no liens or encumbrances on or claims to, or
covenants, conditions and restrictions, easements, rights of way, rights of first refusal,
options to purchase, or other matters affecting the Property except any rights
conferred to Buyer by this Agreement.
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Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
(5) There is no material adverse fact or condition relating to the
Property, or any portion thereof (including the existence of any underground tanks or
pipelines), which has not been specifically disclosed in writing by Seller to Buyer.
(6) Seller has the legal power, right and authority to enter into
this Agreement, and to consummate the transaction contemplated hereby.
(7) There are no fixtures on the property in which anyone other
than Seller has any claim, rights, or security or other interest.
(8) There are no service or maintenance contracts, management
agreements or any other agreements which will affect Buyer or the Property
subsequent to the transfer of title.
(9) There are no encroachments onto the Property of
improvements located on any adjoining property nor do any improvements located on
the Property encroach onto any other adjoining property.
(10) Seller warrants and represents that there are no prescriptive
or other easements affecting the Property.
b. In the event that, during the period between the execution of this
Agreement, and the transfer of title, Seller has actual knowledge ofi learns of, or has
a reason to believe that any of the above representations or warranties may cease to
be true, Seller hereby covenants to immediately give notice to Buyer of the change in
circumstances. Upon Seller notifying Buyer of the change in circumstances, Buyer
may, in addition to any other recourse or remedy provided by law, at its sole option,
terminate this Agreement and all funds delivered to Seller in connection herewith
6of9.
Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Strcet
Assessors Parcel Number 003-515-001
shall be immediately returned. Further, in the event Buyer so elects to terminate,
Seller shall pay all costs of transfer, if any, incurred by both parties herein under this
Agreement.
12. Buyer's Entry Upon Property. Both Buyer and Seller understand that
Buyer is acquiring this property for the construction of city facilities, including but not
limited to a Fire Station. Between the time of the first payment under this
agreement, and the transfer of title, Seller agrees to allow Buyer unrestricted acess
and use of the property for pre-construction site surveying and borings, including
landscape modifications, provided that Buyer agrees to use due care to prevent
damage to buildings presently on the property and all site activity is conducted with
due regard and cooperation with the tenants occupying the property.
13. Survival of Conditions. The covenants, agreements, representations and
warranties made in this agreement shall survive the recordation and delivery of the
Grant Deed conveying the Property to Buyer.
14. Successors and Assigns. This Agreement shall be binding upon, and
shall inure to the benefit o1~ the successors, heirs, and assigns of the parties hereto.
15. Required Action of Buyer and Seller. Buyer and Seller agree to execute
all such instruments and documents and to take all actions pursuant to the provisions
hereof in order to consummate the purchase and sale herein contemplated and shall
use their best efforts to accomplish the timely Transfer of Title in accordance Nvith
the provisions hereof.
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Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
16. Entire Agreement. This Agreement contains the entire agreement
between the parties hereto relating to the Property, and may not be modified except
by an instrument in writing signed by the parties hereto.
17. California Law. This Agreement has been entered into and is to be
performed in the State of California and shall be construed and interpreted in
accordance with California law.
18. Waivers. No waiver by either party of any provision hereof shall be
deemed a waiver of any other provision hereof or of any subsequent breach by either
party of the same or any other provision.
19. Caption. The captions, paragraph and subparagraph numbers appearing
in this Agreement are inserted only as a matter of convenience and in no way define,
limit, construe, or describe the scope of intent of such paragraph or this Agreement,
nor in any way affect this Agreement.
20. Representation by Counsel. The parties acknowledge that each is
represented by an attorney in this transaction.
21. Interpretation. The parties agree that each party and counsel have
reviewed the Agreement and that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments or exhibits thereto:
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Purchase and Sale Agreement (Cont.)
Emerson School Property
1341 Nipomo Street
Assessors Parcel Number 003-515-001
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 7th day of November . 1990.
SELLER BUYER
SAN LUIS COASTAL CITY OF SAN LUIS OBISPO
UNIFIED SCHOOL DISTRICT
By. _ GAY
SUPERINTENDENT yOR RON DUNIN
Date: 9117190
ATTEST:
APPROVED AS TO FORM:
C TY CLER PAM vOCES
TT
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