HomeMy WebLinkAboutReso 52-1987 RESOLUTION N0.52-87
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,
SUBJECT TO A FINANCING PROGRAM APPROVED
BY THE ELECTORATE
WHEREAS, Peter and Enes Mazzanti own property on Tennis Drive, consisting
of approximately 4.6 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, subject to a financing
program approved by the electorate at the November 1987 election;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that it approves of the Agreement entitled "Agreement Between
the City of South San Francisco and Peter and Enes Mazzanti Concerning Acquisi-
tion 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".
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 13th day of May , 19 8__~7, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos,
Roberta Cerri Teglia, and Mark N. Addiego
None
None'
Clerk
EXHIBIT "l"
RESOLUTIONi'NO. 52-87
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND
PETER AND ENES MAZZANTI CONCERNING THE ACQUISITION OF
PROPERTY ADJACENT TO ORANGE MEMORIAL PARK
THIS AGREEMENT is dated May 14 , 1987 and is by and between
the City of South San Francisco (hereinafter "City") and Peter and Enes
Mazzanti (hereinafter "Owners").
WHEREAS, Owners are the owners of certain real property known as 820 Tennis
Drive (APN 014-041-050 and 100) consisting of approximately 4.6 acres located
in the City of South San Francisco (hereinafter "Property"); and
WHEREAS, City has an interest in acquiring the Property due to its proxi-
mity to Orange Memorial Park and' the City's desire to expand Orange Memorial
Park as a major recreational facility; 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 some 8,500
square feet used for a single-family residence and lot, subject to a financing
program approved by the electorate at the election in November 1987;
NOW, THEREFORE, the City and Owners agree as follows:
1. Purchase Price. The total purchase price shall be One Million
Eight Hundred Seventy Five Thousand Dollars ($1,875,000) divided
into equal annual installments over the Payment Term.
2. Payment Term. The payment term shall be a period of six (6) years,
commencing January 1, 1988. No interest shall accrue on any unpaid
balance during the Payment Term.
3. 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.
4~
5,
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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. At the end of five (5) years, that is
by December 1992, City will notify Owner if they wish to take control
of the Property by December 1993, or are willing to extend the period
during which Owners are in possession of the Property. If the City
wishes to take control, Owners shall vacate the Property in a timely
fashion. If the City desires to extend the period during which
Owners are in possession of the Property, Owners will pay City fair
market value on a monthly basis for the period of extended occupancy.
Condition Precedent. A condition precedent to provisions i through 5
is that the electorate approve a park expansion financing program at
the November 1987 election. The City shall utilize a financial advisor
to formulate the financing program and to assist in formulating the
measure to be submitted to the electorate. Payment of the financial
advisor shall be subject to future sale of bonds. If the electorate
does not approve the park expansion financing program this Agreement
becomes void.
Rejection By Voters. If the electorate fails to approve a financing
program, the City agrees that it will (a) continue to negotiate with
Owners with respect to possible alternate methods of funding the
property acquisition using a commercial-office or high-density resi-
dential or equivalent designation in determining the fair value of the
Property, or (b) initiate a reconsideration of the open space land
use designation in the City's General Plan and corresponding Zoning
Ordinance and zoning map designations.
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:
CITY
City Manager
400 Grand Avenue - P.O. Box 711
South San Francisco, CA. 94083
OWNER
Peter and Enes Mazzanti
820 Tennis Drive
South San Francisco, CA. 94080
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ATTEST:
IN WITNESS WHEREOF, the parties have executed this Agreement.'
CITY:
CITY OF SOUTH SAN FRANCISCO,
a Municipal corporation
Manager
ATTEST:
OWNER:
Enes Mazzanti ~
APPROVED AS TO FORM:
t~orney
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