HomeMy WebLinkAbout04/06/1999, C4 - LAGUNA LAKE GOLF COURSE PROPERTY ACQUISITION council _
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CITY OF SAN LUIS OBISPO
FROM: aul LeSage,Parks&Recreation Director
SUBJECT: Laguna Lake Golf Course Property Acquisition
CAO RECONEWENDATION
By resolution:
1. Approve the reacquisition of an adjoining portion of property to the Laguna. Lake Golf
Course that is owned by the Congregational Church-United Church of Christ
2. Authorize the Mayor to sign the purchase and sale agreement.
3. Approve an allocation, from General Fund Unappropriated Reserves, of$22,000.00 to fund
the transaction and closing costs.
DISCUSSION
In 1995 the City sold a portion of the Laguna Lake Golf Course property to the Congregational
Church-United Church of Christ At the time the Laguna Lake Golf Course staff supported the
transaction. The support for the action was based upon the proposed use of the facility. Per the
terms of the original sales agreement, the Congregational Church intended to build a facility in
which to operate a day rare program for senior citizens with Alzheimer's Disease. AdCare is
such a vital program for the community that Council approved of the transaction even though it
created some inconveniences at the Laguna Lake Golf Course.
Since the Congregational Church will not proceed with their plans, staff recommends that the
City reacquire this property. There are several advantages for the property being part of the
course:
• Increased visibility of the course from the pro shop allows for better supervision of the
course.
• The affected area is one in which a number of errant golf shots land. Reacquiring the parcel
would improve safety.
• The added space would be usable in any potential redesign of the course.
FISCAL EWPACT
The purchase price of this property is $22,000.00, including closing costs. This transaction will
not cause General Fund Reserves to dip below the 20%level.
ATTACHMEENTS
1. Resolution
2. Purchase and Sale Agreement
C4-1
RESOLUTION NO. (1999 ies)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APROVING A REACQUISITION OF A PROPERTY ADJOINING
THE LAGUNA LAKE GOLF COURSE
WHEREAS, a portion of the Laguna Lake Golf Course property was sold to the
Congregational Church-United Church of Christ in 1995; and
WHEREAS, the property was to be used for a building to house a Senior Day Care
Program known as AdCARE; and
WHEREAS, the Congregational Church is not able to construct that building; and
WHEREAS, it is advantageous from a golf course operations perspective to require that
property-
NOW,
roPertyNOW, THEREFORE, BE rr RESOLVED by the City Council of the City of San Luis
Obispo that:
SECTION 1. The reacquisition of this property is approved.
SECTION 2. The Mayor is authorized to sign the purchase and sale agreement.
Upon motion of , seconded by , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ' 1999.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED:
At Z4.
or , c Attorney C4-2
RECORDING REQUESTED BY
CITY OF SAN LUIS OBISPO
WEEK RECORDED NEIL TO:
City of San Luis Obispo
Atter: Paul LeSage
1341 Nipomo Street
San Luis Obispo, CA 93401
AM:
PURCHME AND SALE AGREEb=T
THIS PURCHASE AND SALE AGREEMENT constitutes an agreement by
which THE CONGREGATIONAL CHURCH-UNITED CHURCH OF CHRIST, A Not For
Profit California Corporation ("Seller") agrees to sell, and the
CITY OF SAN LUIS OBISPO a chartered municipal corporation of the
State of California("Buyer") , agrees to purchase that certain real
property ("Property") legally described in the attached Exhibit
"A", which is incorporated herein as though fully set forth.
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 is
Twenty Thousand Dollars ($20, 000. 00) .
3 . Payment of Purchase Price. Buyer shall pay the
purchase price in full upon the transfer of the Property as
specified in this Agreement.
1
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4. Lot Line Adiustment. The Buyer shall provide all
necessary legal descriptions to be included in the deed, and a lot
line adjustment if necessary.
5. Conditions of Title. Fee simple absolute title to this
Property shall be conveyed by Seller to Buyer by grant deed in
substantially the form set forth in Exhibit "B" to be fully
executed and acknowledged by Seller 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. Prior to transfer of the Property, Seller shall
deliver to Buyer a Preliminary Title Report evincing the
willingness of a Title insurer to provide a policy of title
insurance (C.L.T.A. or equivalent) in the amount of the purchase
price showing title to the Property vested in Buyer.
6. Costs and Expenses. The cost and expense of the title
report and insurance policy to be issued in favor of the Buyer as
in paragraph S(B) above, shall be paid by Buyer. Recording fees
shall be born by the Buyer.
7. Notices. All notices or other communication required
or permitted shall be in writing, and will be personally delivered
or sent by registered or certified mail, postage prepaid, return
receipt requested, at the following addresses:
2
C4-4
Seller: The Congregational Church -
United Church of Christ
Attn: Moderator
11245 Los Osos Valley Road
San Luis Obispo, CA 93405
Buyer: City of San Luis Obispo
Attn: Paul LeSage
1341 Nipomo Street
San Luis Obispo, CA 93401
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.
8. 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.
3
C4-5
(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 those previously
disclosed and any rights conferred to Buyer by this Agreement.
(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, or
hazardous material) , of which the Seller is aware. The Buyer
agrees to accept the Property in its existing condition.
(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.
4
C4-6
(9) In the event that, during the period between
the execution of this Agreement, and the transfer of title, Seller
has actual knowledge of, 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 terminate this
Agreement, and all funds delivered to Seller in connection hereby
shall be immediately returned.
9. Use of Property. Buyer shall process a zone change
(from R3 to PF) for the Property at its own cost, and use the
property for municipal purposes.
10. 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.
11. Successors and Assigns. This Agreement shall be
binding upon, and shall inure to the benefit of, the successors,
heirs, and assigns of the parties hereto.
12. Reauired 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 with the provisions hereof.
5
C4-7
13 . 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.
14 . Recorded. It is the intention of the parties that this
Agreement shall be recorded.
15. Approvals. Whenever an approval is required under this
Agreement, such approval shall be construed as "reasonable
approval. "
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this day of 1999,
BUYER SELLER
CITY OF SAN LUIS OBISPO LOS OSOS VALLEY ROAD
CONGREGATIONAL UNITED
CHURCH OF CHRIST
By: By. r/
Mayor cam,
ATTEST:
City Clerk
APPROVED AS TO FORM:
i At o
6
C4-8
RECORDnfG REQUESTED BY
CITY OF SBA LUIS OBISPO
NEW RECORDED NAIL TO:
City of San Luis Obispo
Atter: Paul LeSage
1341 Nipomo Street
San Luis Obispo, CA 93401
APN•
PURCSASE AND SALE AGREEKW
THIS PURCHASE AND SALE AGREEMENT constitutes an agreement by
which THE CONGREGATIONAL CHURCH-UNITED CHURCH OF CHRIST, A Not For
Profit California Corporation ("Seller") agrees to sell, and the
CITY OF SAN LUIS OBISPO a chartered municipal corporation of the
State of California("Buyer") , agrees to purchase that certain real
property ("Property") legally described in the attached Exhibit
"A" , which is incorporated herein as though fully set forth.
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 is
Twenty Thousand Dollars ($20, 000. 00) .
3. Payment of Purchase Price. Buyer shall pay the
purchase price in full upon the transfer of the Property as
specified in this Agreement.
1
C4-9
4. Lot Line Adjustment. The Buyer shall provide all _
necessary legal descriptions to be included in the deed, and a lot
line adjustment if necessary.
S. Conditions of Title. Fee simple absolute title to this
Property shall be conveyed by Seller to Buyer by grant deed in
substantially the form set forth in Exhibit "B" to be fully
executed and acknowledged by Seller 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. Prior to transfer of the Property, Seller shall
deliver to Buyer a . Preliminary Title Report evincing the
willingness of a Title insurer to provide a policy of title
insurance (C.L.T.A. or equivalent) in the amount of the purchase
price showing title to the Property vested in Buyer.
6. Costs and Exnenses. The cost and expense of the title
report and .insurance policy to be issued in favor of the Buyer as
in paragraph 5 (B) above, shall be paid by Buyer. Recording fees
shall be born by the Buyer.
7. Notices. All notices or other coninunication required
or permitted shall be in writing, and will be personally delivered
or sent by registered or certified mail, postage prepaid, return
receipt requested, at the following addresses:
2
C4-10
Seller: The Congregational Church -
United Church of Christ
Attn: Moderator
11245 Los Osos Valley Road
San Luis Obispo, CA 93405
Buyer: City of San Luis Obispo
Attn: Paul LeSage
1341 Nipomo Street
San Luis Obispo, CA 93401
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.
8. Sellers Renresentations 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.
3
C4-11
(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 those previously
disclosed and any rights conferred to Buyer by this Agreement .
(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, or
hazardous material) , of which the Seller is aware. The Buyer
agrees to accept the Property in its existing condition.
(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.
4
C4-12
(9) In the event that, during the period between
the execution of this Agreement, and the transfer of title, Seller
has actual knowledge of, 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 terminate this
Agreement, and all funds delivered to Seller in connection hereby
shall be immediately returned.
9. Use of Propertv. Buyer shall process a zone change
(from R3 to PF) for the Property at its own cost, and use the
property for municipal purposes.
10. 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.
11. Successors and Assicrns. This Agreement shall be
binding upon, and shall inure to the benefit of, the successors,
heirs, and assigns of the parties hereto.
12. Reauired 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 with the provisions hereof.
5
C4-13
13 . 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.
14 . Recorded. It is the intention of the parties that this
Agreement shall be recorded.
15. Approvals. Whenever an approval is required under this
Agreement, such approval shall be construed as "reasonable
approval. "
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this day of 1999.
BUYER SELLER
CITY OF SAN LUIS OBISPO LOS OSOS VALLEY ROAD
CONGREGATIONAL UNITED
CHURCH OF CHRIST
BY: Mayor .
ATTEST:
City Clerk
APPROVED AS FORM:
t
6
C4-14
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