Loading...
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); ® Be ® de 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