HomeMy WebLinkAboutReso 81-1988RESOLUTION NO. 81-88
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AN AGREEMENT WITH
PETER AND ENES MAZZANTI FOR THE ACQUISITION
OF PROPERTY TO EXPAND ORANGE MEMORIAL PARK.
WHEREAS, Peter and Enes Mazzanti own property on Tennis Drive, consisting
of approximately 4.3 acres; and
WHEREAS, the City Council is interested in acquiring the property due to
its proximity to Orange Memorial Park as a major recreational facility; and
WHEREAS, the Mazzantis and the City have reached an agreement to provide
for the acquisition of the property by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that it approves of the Agreement entitled "Agreement Concerning
Acquisition of Property Adjacent to Orange Memorial Park" and authorizes the
Mayor to execute such an Agreement in substantially the same form as the
Agreement attached as "Exhibit 1".
BE IT FURTHER RESOLVED that it authorizes the City Manager to execute any
other documents necessary to complete the transaction.
BE IT FURTHER RESOLVED that this Agreement supersedes the Agreement
adopted by Resolution No. 52-87 and amended by Resolution No. 127-87.
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
vote:
AYES:
NOES:
ABSENT:
meeting held on the 22nd day of June , 19 88 , by the following
Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos,
Roberta Cerri Teqlia, and Jack Draqo
None
None
AGREEMENT CONCERNING THE ACQUISITION OF
PROPERTY ADJACENT TO ORANGE MEMORIAL PARK
THIS AGREEMENT is dated JUNE 23 , 1988, and is by and between
the City of South San Francisco (hereinafter "City") and Peter and Enes
Mazzanti (Yereinafter '~Owners").
WHEREAS, Owners are the owners of certain real property known as 820 Tennis
Drive (APN 014-041-100, 110 and 130) consisting of approximately 4.3 acres located
in the City of South San Francisco (hereinafter "Property"); and
WHEREAS, City has an interest in acquiring the Property due to its proximity
to Orange ~emorial Park and the City's desire to expand Orange Memorial Park as
a major recreational facility; and
WHEREAS, the City has advised Owners that if Owners do not voluntarily transfer
and sell the Property, the City will invoke its power of Eminent Domain and
proceed accordingly in a condemnation action in the Superior Court of San Mateo
County; and
WHEREAS, Owners and City desire to enter into an Agreement to provide for the
acquisition by the City of the Property, with the exception of a single family
residence and the two freestanding garages on either side of the residence and
sufficient land area to create a residential lot to service the single family
residence and garages, (hereinafter "Residential Lot").
WHEREAS, the Property is divided by the Colma Creek and the City is desirous
in obtaining the property north of the Colma Creek (hereinafter "South Parcel")
prior to obtaining the Property south of Colma Creek (hereinafter "North Parcel");
and
NOW, THEREFORE, the City and Owners agree to the following terms and
conditions:
Pu"chase Price. The total purchase price shall be One Million
Eight Hundred Seventy Five Thousand Dollars ($1,875,000).
Payment Term. The payment term shall be a period of eight (8)
years, commencing July 1, 1988, with payments as follows:
a. On or before July 1, 1988, One Hundred Thirty Thousand
Dollars ($130,000);
b. On or before January 1, 1989, One Hundred Thirty Thousand
Dollars ($130,000);
c. On or before July 1, 1989, Two Hundred Sixty Thousand
Dollars ($260,000);
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Commencing July 1, 1990, the balance of the purchase price
shall be paid in seven (7) annual installments of One
Hundred Ninety Three Thousand Five Hundred Seventy One and
42/100 Dollars ($193,571~42),
No interest shall accrue on any unpaid balance during the
Payment Term for the reason that Owners may continue their
horticultural business until transfer of title.
Time is of the essence on each payment term and the failure
to make the payments on the designated dates shall be
considered a material breach of this Agreement and the City
shall be in default and all payments heretofore made shall
be forfeited and shall be governed by the provisions of
Paragraph 7.
Taxes and Insurance. Owners shall be responsible for payment of
all federal, state and local taxes on the property during the
Payment Term, and for the payment of any premiums for any insurance
policies related to the Property during the Payment Term. Commencing
July 1, 1988, Owners ~hall have City named as an additional insured
for liability and property damage.
Occupancy of Property by Owners. Owners may, at their option, continue
to occupy the Property during the Payment Term. Any and all occupancy
of the Property during the Payment Term by the Owners shall not require
any lease payments to be made by the Owners to the City.
Time of Transfer to City. The Property with the exception of the
Residential Lot, shall be transferred to the City on July 1, 1996.
In the event, however, the City desires to have the Property transferred
to it prior to July 1, 1996, the City may after June 1, 1991, and yearly
thereafter on or before June I of each subsequent year give Owners two
years notice of its intention to take title and possession of the Property.
Transfer of title and possession will occur two years from date of the
notice and the City will pay over to the Owners all monies due and
owing. This June I notice requirement is material and is due to the
Owners' horticultural business. Notice of any other time shall be
considered effective as of the following June 1.
South Parcel. Notwithstanding Paragraph 5 above, the City has the option
to have title transferred to its name of the South Parcel (APN-014-041-130)
and to take possession upon two years written notice by the City to the
Owners. (Written notice must be given on or before June I of any year
by reason of Owners horticultural business.) Two years from the date
of notice the City will pay over to Owners the Fair Market Value of the
SoJth Parcel or the monies the City has received if it sells the property
to a third party, whichever is greater. Monies received will be applied
to the balance due the Owners. This option will not affect the North
Parcel which will be governed by the terms of Paragraph 5.
-2-
DEFAULT. IF THE CITY DEFAULTS IN THE PERFORMANCE OF ITS AGREEMENT,
TFE PARTIES AGREE THAT OWNERS SHALL BE RELEASED FROM ANY OBLIGATION
TC SELL THE PROPERTY TO THE CITY AND MAY RETAIN, AS LIQUIDATED DAMAGES
T~E PAYMENTS RECEIVED PURSUANT TO PARGRAPH 2. THE PARTIES FURTHER
AGREE THAT THE AMOUNT OF LIQUIDATED DAMAGES ESTABLISHED BY THIS
PROVISION IS A REASONABLE ESTIMATE, UNDER THE CIRCUMSTANCES EXISTING
Ob THE DATE OF EXECUTION OF THIS AGREE~NT OF WHAT OWNERS DAMAGES
INITIALED BY OWNE~S~SS~'/~?,
City agrees that the City Engineer shall prepare and file a Parcel
Map separating the Residential Lot from the Property to be granted
to the City and depicting the easement for ingress and egress. The
City is to erect a fence around the Residential Lot that adjoins the
City's newly acquired property by reason of this Agreement. The fence
to be built is contemplated to reduce the noises that will emit from
t~e intended use as a recreational park.
At the time of transfer, Owners shall provide a grant deed. City and
O~ners agree that upon transfer of a fee title interest in the Property
to City, Owners shall retain an easement over the adjacent City property
in order to provide pedestrian and vehicular access for ingress and
egress to the Residential Lot. The City shall see to it that the deed
and easement are recorded.
I0.
Notice. All notices required pursuant to this Agreement shall be
delivered in person or mailed first class, postage prepaid to the
following addresses, or any subsequent addresses provided by the
concerned party:
11.
CITY OWNER
Cicy Manager
403 Grand Avenue - P.O. Box 711
SoJth San Francisco, CA. 94083
Peter and Enes Mazzanti
820 Tennis Drive
South San Francisco, CA. 94080
This Agreement completely replaces and supersedes the Agreement dated
May 14, 1987 and entered into pursuant to City Council Resolution
No. 52-87, as amended by the provisions dated December 9, 1987
authorized pursuant to City Council Resolution No. 127-87.
ATTEST:
~ bi~y C1 erK ~?
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY:
CITY OF SOUTH SAN FRANCISCO,
a Municipal co, ration
APPROVED AS TO FORM:
City AttOrney