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HomeMy WebLinkAboutReso 4-1994 RESOLUTION NO. 4-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF THE REAL PROPERTY PURCHASE AND SALE AGREEMENT FOR THE SURPLUS SCHOOL PROPERTY - ALTA LOMA, AVALON AND EL RANCHO SCHOOL SITES WHEREAS, the South San Francisco Unified School District has expressed its desire to dispose of surplus school property at Alta Loma, Avalon and E1 Rancho sites; and WHEREAS, the City Council has expressed its desire to purchase certain portions of the surplus property at the Avalon and Alta Loma sites; and WHEREAS, the City Council has exercised its "Naylor Act" rights with regards to the Avalon and Alta Loma properties; and WHEREAS, for Naylor purposes the properties have been appraised at a value of approximately 1.5 million dollars. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1) It hereby approves the purchase of the surplus school property described in Exhibit "A" for the price of 1.5 million dollars; and 2) The Real Property Purchase and Sale Agreement, attached hereto as Exhibit "A", is hereby approved; and 3) The City Manager is hereby authorized to execute the Real Prcperty Purchase and Sale Agreement and any and all other documents necessary to consummate the sale of the above-described property. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the city of South San Francisco at a regular meeting held on the 12th day of January , 1994 by the following vote. AYES: Councilmembers Jack Drago, John R. Penna, Robert Yee and Mayor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT ,Councilmember Roberta Cerri Teglia ATTEST: Sehool.Agt EXHIBIT A TO RESOLUTION NO. 4-94 REAL PROPERTY PURCHASE AND SALE AGREEMENT This Real Property Purchase Agreement, ("Agreement") is made and entered into this day of , 1994, by and between South San Francisco Unified School District ("District") and City of South San Francisco ("Buyer"). RECITALS: This Agreement is entered into upon the basis of the following facts: A. The District is the owner of all that certain real property located in the County of San Mateo, State of California, generally referred to as the Avalon, E1 Rancho and Alta Loma School District Sites. Pursuant to Education Code Section 39390, et seq. ("Naylor Act"), the District has given notice to the City of its intention to dispose of the Avalon site and portions of the E1 Rancho and Alta Loma Sites. Buyer is desirous of purchasing a portion of two of said sites consisting of approximately 3.68 acres of the Avalon site and 8.68 acres of the Alta Loma site depicted on Exhibits A and B ("Properties"). When the Parcel Maps are approved splitting off the acreage from the balance of the sites, the precise descriptions shall be substituted as Exhibit A and B. B. The District is intending to submit an application to the City for development entitlements on the portion of the Avalon site not acq'~ired by the City and may possibly seek development entitlements on a portion of the E1 Rancho site. NOW, THEREFORE, the parties hereto agree as follows: 1. PURCHASE AND SALE: The Buyer hereby agrees to purchase and the District agrees to sell, p~arsuant to Education Code Section 39390, et seq., the Properties depicted on Exhibits A and B on the terms and conditions set forth in this Agreement. 2. PURCHASE PRICE: The Purchase Price for the Properties shall be One Million Five Hundred Thousand Dollars ($1,500,000). 3. PAYMENT OF PURCHASE PRICE: The Purchase Price shall be paid in full to District in cash by the Close of Escrow. The full amount of the purchase price shall be deposited into escrow within fifteen (15) days of escrow being opened. -- 4. ESCROW: A. Opening Escrow: Within five (5) working days from the execution of this Agreement, District shall open an escrow with Commonwealth Land Title Insurance Company. All references in this Agreemen~ to "Escrow Holder" are to this Title Company. All Escrow Instructions shall be consistent with the terms and conditions of this Agreement. The Escrow Instructions shall include a provision providing for the investment of the deposited funds. B. Close of Escrow: "Close of Escrow" shall mean the moment when all of the parties to escrow have fully performed their respective duties and nothing remains to be done but the Escrow Holder filing the documents for record and making distribution. Title skall be conveyed and possession delivered to Buyer upon Close of Escrow. Each party shall timely deposit such documents, monies and written escrow instructions with the Escrow Holder as may be necessary for the conveyance of the Properties in accordance with the terms of this Agreement. Within thirty (30) days of the opening of escrow Five Hundred Thousand Dollars ($500,000) shall be released to the School District. The balance of the funds shall be released at the Close of Escrow. In no event shall the Close of Escrow be later than one hundred twenty (120) days after the date of execution of this Agreement by District. 5. ESCROW COSTS: The cost of all escrow costs and fees, all Title Company costs and fees, including title insurance premiums, recording fees, transfer taxes and all closing costs and fees shall be paid by Buyer. 6. EL RANCHO SITE -- NAYLOR ACT The City waives its rights under Education Code Sections 39390 et seq. to the upper five acres of the E1 Rancho site on which the baseball field is currently located. 7. DEVELOPMENT ENTITLEMENTS -- EL RANCHO AND AVALON SITES The land retained by the District at the E1 Rancho and Avalon sites is currently zoned the same as the immediate surrounding neighborhood. The City recognizes the District's statutory right to develop the land in conformity with this current zoning and will work cooperatively with the District to facilitate its subdivision of these portions of the Avalon and E1 Rancho sites. Notwithstanding any cooperation by the City as set forth herein, the Planning Commission and City Council shall exercise their independent judgment in determining whether or not to grant any entitle~.ents or approvals and may impose such reasonable conditions as are necessary to protect the health, safety and welfare of the entire community. 8. NO WARRANTIES: A. There are no representations or warranties, express or implied, between the parties. Buyer acknowledges that the execution of this Agreement and the consummation of the transaction contemplated hereby, or both, are and will be based solely upon Buyer's inspection or investigation of the Properties. Buyer agrees that the Properties are to be sold to and accepted by Buyer in its ~hen existing condition, "as is", and with all faults. Buyer acknowledges that District has not made any representations, warranty, or agreement other than as contained herein, as to any matters concerning the Properties, including, but not limited to, the land, topography, utilities, future zoning, soil, sub-soil, drainage, access to public roads, proposed routes or extensions thereof, environmental laws, rules or regulations, or any other representation or warranty. 9. TITLE: Buyer acknowledges receipt and examination of Preliminary Title Reports No. 90-03-0336 and 90-03-0640 dated January 11, 1991 from Commonwealth Land Title Company, which are collectively marked Exhibit "C" attached hereto and incorporated herein by reference. Buyer shall take title to the Properties subject to all exceptions shown on said Preliminary Title Report. Buyer shall obtain at its own expense title insurance on the purchased parcels. 10. PARCEL MAP: It should be the responsibility of Buyer to obtain a Parcel Map for the Properties from the City of South San Francisco at its expense prior to the Close of Escrow. Buyer shall immediately initiate the processing of the parcel maps necessary to create separate parcels for the lands it has purchased. Buyer shall complete by processing and recording of such maps within 120 days of the opening escrow. 11. POSSESSION: Possession shall be delivered to Buyer on the Close of Escrow. 12. NOTICES: Ail notices or other communications 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: TO DISTRICT: Sou~h San Francisco Unified School District 398 B Street South San Francisco, CA. 94080. Attention: Superintendent TO 3UYER: City of South San Francisco 400 Grand Avenue South San Francisco, CA. 94080 Attention: City Manager Said addresses may be changed from time to time by notice to the other party as provided for in this section. 13. NO COMMISSIONS: Buyer represents that it has not entered into any agreement or incurred any obligation which might result in any obligation of the District to pay a sales commission, brokerage commission or finder's fee on this transaction to any person or entity. District represents that it has employed no real estate agent to whom a real estate commission might be payable. Each party shall indemnify, defend and hold harmless the other party from claims, demands, or judgments arising by reason of any breach of the terms of this paragraph. The obligations of this paragraph shall survive Close of Escrow. 14. ATTORNEY'S FEES: If either party files any action or brings any proceeding against the other arising out of this Agreement, or is made a party to any action or proceeding brought by the Escrow Holder, then as between Buyer and District, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable attorneys' fees to be fixed by the Court. The "prevailing party" shall be the party who is entitled to recover its costs of suit, whether or not suit proceeds to final judgment. A party not entitled to recover its costs shall not recovery attorneys' fees. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to its costs or attorneys' fees. 15. TIME OF THE ESSENCE: Tim.e is of the essence of this Agreement. 4 16. ENTIRE AGREEMENT: This Agreement represents the entire and integrated agreement of the parties hereto. Both parties hereto expressly acknowledge, warrant, and understand that there are no statements, representations, inducements, or agreements made by or between the parties hereto, except as expressly set forth herein. No amendment, supplement or termination hereof shall be valid except by way of a writing subscribed by the parties hereto. 17. DUPLICATE ORIGINALS: This Agreement may be executed in one (1) or more duplicate originals, each of which shall be deemed an original for all purposes. 18. HEADINGS: The section and subsection headings used in this Agreement are for convenience of reference only. They shall not be construed to limit or extend the meaning of any part of this Agreement and shall not be deemed relevant in resolving any questions or interpretation of construction of any section of this Agreement. 19. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the State of California. 20. SEVERABILITY: In case of any one or more of the provisions of this Agreement shall for any reason be held to be invalid, such provisions shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of such provision shall not be affected thereby. 21. LEGAL EFFECT OF DOCUMENT: No representation, warranty or recommendation is made by District, Buyer, their respective agents, employees or attorneys regardirg the legal sufficiency, legal effect, or tax consequences of this Agreement or the transaction, and each signatory is advised to submit this Agreement to his respective attorney before signing it. 22. SOILS REPORTS Buyer shall at its sole expense obtain any desired soils reports and/or surveys necessary or desired by Buyer regarding the subject lands. 5 23. NAYLOR ACT: The acquisition by the City of the Properties is made pursuant to the provisions of the Naylor Act (Education Code Sections 39390, et seq.) and the deed to the Properties shall contain wording substantially as set forth in Education Code Section 39398 regarding uses to which the Properties may be put and reacquisition rights of the District. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth opposite their signature below. DATED: BUYER: CITY OF SOUTH SAN FRANCISCO By: Its: DATED: DISTRICT: SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT By: School Dist. 6 AVALON EXHIBIT "A" PROPERTY DESCRIPTION The property herein is two separate parcels of vacant land, except for recreational and park improvements. SITE DESCRIPTION The subject property is comprised of two (2) part of a former school site. The subjects and have limited continuity of use. parcels. Each was a are separate parcels The upper area (southerly portion) is a playground and ballfield. This is Parcel One (1). The middle area is improved and used for community uses such as Head Start and day care facilities, as well as 7arking for users. Some of the access is over Parcel One (1). .Dther access is available or capable of being made available. This middle area is also divided from the upper level (Parcel One) topographically. There is an estimated twenty (20) foot difference in elevation between the upper level and middle level. It is also separated by chainlink fencing and a row of large trees bordering the fence and ballfield. The lowest area topographically is the area bounded by Avalon Drive, Granada Drive and Dorado Way. This area is separated from the middle area by fencing and a large row of trees. This area is designated Parcel Two (2) for this appraisal. It is considered a separate parcel. This parcel is also known as "Avalon Park" which is maintained by the City. Parcel Cne (1) is located on Dorado Way. It is defined by approximately 135 feet of frontage on Dorado Way. The frontage is nearly at grade at the southerly edge. The grade of Dorado drops going north and creates an upslope from Dorado to the level area of Parcel (1). The parcel extends back off of Dorado Way to the west over 425 feet. The width ofthe parcel expands from the 135 feet frontage to about 280 feet at its widest point. The south ard west borders are sloped at the boundaries. The site, however, is considered overall level. The City has estimated the parcel area to be 2.53 Acres. This separate site is considered to have sufficient frontage, upon adfustment, to allow a street of up to 60 feet to meet City standards. As the precise parcel has not been surveyed or specifically delineated on a scaled map, the appraiser assumes that the frontage allowed would be sufficient to allow a street and a lot of sufficient depth to meet subdivision standards in the R-1-E zone. Utilities are available in the adjacent streets. No extraordinary offsite costs were noted. AVALON EXHIBIT "A" Parcel Two (2) is located on the existing street frontage of Granada Drive, Avalon Drive and Dorado Way. The site is L-shaped as it wraps around the corner of Granada Drive and Avalon Drive. The site is oriented to the surrounding residential and single family neighborhood. Overall, the site is considered gently sloping. It slopes up from Avalon Drive towards the rear tree lined boundary. This area is estimated at 1.15 Acres. Parcel 2 is comprised of nine (9) preexisting lots. Utilities are available in the abutting streets. The lots are slightly above the grade of the streets. The included Assessor's map shows the site divided into the nine (9) lots. These are shown as Lots 20 through 28 on the Avalon Park subidivision map. Each lot has 50 or more feet of frontage. The lots average over 5,500 s.f. per lot, however, the appraiser notes that several lots are less than 5,445 s.f. but over 5,000 s.f. These lots were created at the same time as the improved lots in the neighborhood. No attempt has been made to obtain a legal opinion as to whether the existing lots are buildable lots. They do appear to meet R-1 zoning requirements. They are preexisting and generally conform to the reighborhood. The 1.15 Ac site is currently zoned for open space purposes. The general plan indicates this use. The site has been used for many years as a city park. It has been maintained by the City with the knowledge and agreement of the School District. No building could occur without a rezoning and General Plan amendment. IMPROVEMENT DESCRIPTION The subject parcels have park and recreation facilities only. Parcel i has asphalt paving for playground purposes and a fenced ballfield with grass outfield. Parcel 2 has landscaping, pathways and lawn. These improvements are consistent with the ongoing uses of the parcels. Some of the trees could be included in residential development, but generally, the sites would require light grad%ng for a residential subidivision use. Avalon Memorial AV~ON SCHOOL~"' '" ' . - ~ / ~'~ ~ ~ -~ ~ Y . ~,, ~~=' / ~y' ,"?~ , ~~ '~ . ~ ~ ~'~.~ , '~ ' '. i Upper Playf'-eld ~ . : r ~ EXHIBIT "A" ( Parcel 1) ALTA LOMA EXHIBIT "B" PROPER~Y DESCRIPTION The property herein is a separate parcel of vacant land next to a functioning school. SITE DESCRIPTION The subject site is located westerly of E1 Camino Real and southerly of Hickey Boulevard. It is located on the' southeasterly boundary of the Alta Loma Middle School. The total school site is located within a generally moderate residential neighborhood. Most existing residential units are one and two stories in height. Westerly are unincorporated lands currently used for flower production. There are considerable greenhouses. The city has prezoned the area R-1-E (SDU/Ac). This parcel of land along with considerable other land along E1 Camino is under discussion for redevelopment purposes. The subject site and adjacent school are outside the redevelopment area. Westerly there are more single family uses and land zoned R-1-E. The housing is moderately priced in the low to middle $200,000. Sizes are 1,100 to 1,500 s.f. The parcel has irregular topography. In the northwesterly corner, it is hummocky as if fill were dumped on the site. Along the easterly boundary the land is level from north to south. Overall, the land slopes gently downward from the southwest boundary towards the east. Del Monte Ave is an arterial street leading to the school facilities which is about 100 feet northeast of Del Monte off the end of Romney Ave. Utilities are available in the nearby streets. Access to the si~e is now limited to the end of Romney Ave and then over school site paved area to the northwest border of the site which is one lot deep off of Del Monte. Other access for development would be through the City's unimproved land at the end of Camaritas or through the proposed redevelopment off of E1 Camino Real. A more practical solution would be the acquisition of one or two houses facing on Del Monte to provide one or two access points to the site. ..,,, No, ~ ! ! I~Ac~ae town or cotu~