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HomeMy WebLinkAbout04/06/1999, C4 - LAGUNA LAKE GOLF COURSE PROPERTY ACQUISITION council _ j agenba Repout C4 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 C4-3 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 in MEETING AGENDA V) � DATE!WL.ITEM# �L , \J a V1N\ V�y 0z J JPS �..4 . ® wl v �I� orN� Q 1� j W W 3 mo O x a n to N� V'b0• S �� S q CY �t l A Cl F. (D Lin iu LY ❑Fi. RKIDR:G ❑❑POCE C::= 0 MGM T M [3'REG DIR ❑UTIL DIR p O PERS DIR ATTAcHmENT #3 - OVOH AnWA SOSO SOI 01Lou Ic r , 1 i ! - j t t V -c i , LU s l � - Z . . r = • 1 • • f 1 I ATTACHMENT #4