HomeMy WebLinkAboutCC Resolution 8850 (Accepting Grant Deed)RESOLUTION NO. 8850
A RESOLUTION AUTHORIZING THE SIGNING
OF A PURCHASE AGREEMENT AND
ACCEPTING GRANT DEED
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael, a purchase agreement between Morris
Hozz, Seller and Marin Countv Oven Space District and the Citv of
San Rafael, Buyers to purchase approximately 42.83 acres of land in
Sun Vallev from The Trust for Public Lands, and acceptina Grant
Deed, a copy of which is hereby attached and by this reference made
a part hereof.
I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly
introduced and adopted at a Regular meeting of the City Council of
said City held on Monday, the 15th day of March, 1993 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCI I, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT ("AGREEMENT") is entered into as of this 15th day of
March , 1993 by and between MORRIS HOZZ, an unmarried man,
hereinafter referred to as "SELLER", and MARIN COUNTY OPEN SPACE DISTRICT,
a public district of the State of California, and CITY OF SAN RAFAEL, a municipal
corporation, hereinafter referred to as 'BUYER".
RECITALS
A. SELLER owns certain real property (hereinafter referred to as "PROPERTY")
in the County of Marin, State of California containing approximately 43 acres of vacant land
located in the County of Marin and referred to as Marin County Assessor Parcel Nos. 177-
240-14 and 177-240-20 and more particularly described in Exhibit "A" and depicted on
Exhibit "B" attached hereto and made a part hereof.
B. BUYER desires to obtain from SELLER, and SELLER is willing to grant to
BUYER, the PROPERTY on the terms and conditions hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as
follows:
1. TERM. The term of this AGREEMENT shall be from the date that BUYER
and SELLER fully execute this AGREEMENT and said date is entered hereinabove as date
AGREEMENT is entered into, until two (2) months or until close of escrow.
2. PURCHASE PRICE. The purchase price for the PROPERTY described in
Exhibit "A" shall be four hundred thousand dollars ($ 400,000.00) cash.
3. CONDITIONS. BUYER agrees to purchase and SELLER agrees to sell upon
the satisfaction of the following terms and conditions:
3.1 ESCROW:
(a) When this AGREEMENT is fully executed, the purchase and
sale of PROPERTY described in Exhibit "A" shall be completed
through an escrow at First American Title Company of Marin,
600 Fifth Avenue, San Rafael, CA 94901. "Close of Escrow"
shall be the time the SELLER'S GRANT DEED is filed by the
title company in the Recorder's Office of the County of Marin.
(b) Prior to the "Close of Escrow", SELLER and BUYER shall
deposit the following into escrow.
(1) SELLER shall deposit a GRANT DEED duly executed by
the SELLER in form acceptable to BUYER to convey
the PROPERTY to BUYER.
(2) BUYER shall deposit the amount of the purchase price
for the PROPERTY described in Exhibit "A" together
with enough additional money to pay BUYER's share of
closing costs and prorations.
(3) BUYER shall pay expenses of escrow and closing.
Prorations shall be made as follows:
1
COPY,
(i) BUYER shall pay all fees for the recordation of
the GRANT DEED, the premium for the policy of
title insurance, documentary transfer taxes, if any,
on the GRANT DEED and all escrow fees.
(ii) BUYER and SELLER agree that all pro -rated
taxes due and owing up to the date of close of
escrow shall be paid in full by SELLER and all
special assessments (if any) shall be paid in full
by SELLER.
(c) When the foregoing have been deposited by SELLER and
BUYER, and the title company is prepared to issue its policy of
title insurance in accordance with Paragraph 3.2 hereof, the title
company shall be directed to:
(1) deliver the purchase price to or on the order of SELLER.
(2) record the GRANT DEED in the Recorder's Office of
Marin County; and
(3) deliver to BUYER the policy of title insurance and a
copy of the BUYER'S and SELLER's closing statements.
3.2 TITLE
(a) Title to the PROPERTY shall be conveyed by SELLER to
BUYER through escrow free and clear of all liens and
encumbrances, taxes and assessments, penalties and costs, leases
(recorded and unrecorded), easements, rights-of-way, bonds and
any and all restrictions and reservations of record, other than
exceptions to title set forth as Items Number 3, 4, 5, 6, 7, 8, 9,
10, and 11 in Preliminary Title Report issued to BUYER by
First American Title Company dated February 8, 1993 under
Order No. 171132 -RR attached as Exhibit "C".
(b) The title company shall issue to BUYER a standard form policy
of title insurance for the PROPERTY, with total liability in the
amount of the purchase price, showing title to the PROPERTY
vested in BUYER and such other exceptions as may be approved
by BUYER. The issuance of such title policy to BUYER shall
be in full satisfaction of SELLER'S obligations with respect to
title.
4. NOTICES. Any notice, request, demand, instruction or other communication
to be given to any party hereunder shall be in writing and delivered as follows:
IF to SELLER, to: RODERICK P. MARTINELLI
BAGSHAW, MARTINELLI, CORRIGAN, &
JORDAN
1050 Northgate Drive, Suite 550
San Rafael, California 94903
2
IF to BUYER, to: DOUGLAS J. MALONEY
MARIN COUNTY COUNSEL
Civic Center, Suite 342
San Rafael, CA 94903
Notice shall be delivered personally, including by messenger or courier, or by certified mail,
return receipt requested, postage prepaid. Notices shall be deemed to have been duly given
(a) if delivered personally on the date of delivery; (b) if transmitted by certified mail on the
earlier of (i) the second (2nd) business day after the date of such mailing or (ii) the date of
receipt. The addresses and addressees for the purposes of this paragraph may be changed by
giving written notice of such change in the manner provided herein for giving notice. Unless
and until such written notice is received, the last address and addressee as stated by written
notice, or as provided herein if no written notice or change has been sent or received, shall
be deemed to continue in effect for all purposes hereunder.
5. FURTHER ASSURANCES. SELLER and BUYER agree that at any time or
from time to time after the execution of this AGREEMENT and whether before or after the
"Close of Escrow" they will, upon request of the other, execute and deliver such further
documents and do such further acts and things as such party may reasonably request in order
to fulfill the purposes of this AGREEMENT.
6. SUCCESSORS AND ASSIGNS. This AGREEMENT shall be binding upon
and inure to the benefit of each of the parties hereto and to their respective successors and
assigns. Neither BUYER nor SELLER shall assign this AGREEMENT without the prior
written consent of the other. Any assignment without such consent shall be null and void.
7. TIME. Time is of the essence of this AGREEMENT and failure to comply
with this provision shall be a material breach of this AGREEMENT. Unless previously
extended in writing by BUYER and SELLER, the escrow shall close on or before the
expiration of this AGREEMENT.
8. GOVERNING LAW. This AGREEMENT shall be governed by and
construed in accordance with the laws of the State of California. To SELLER's knowledge,
there is no litigation pending respecting the PROPERTY.
9. SELLER'S COVENANT. As a covenant that will survive the close of
escrow, SELLER warrants that SELLER is the sole owner of the PROPERTY, and that to
SELLER's knowledge the property is free and clear of all liens, claims, encumbrances,
encroachments, easements, licenses, or rights-of-way of any nature other than those disclosed
of record by the Preliminary Title Report dated February 8, 1993, Order No. 171132 -RR
attached as Exhibit "C. "
10. EFFECT OF WAIVER OF PROVISION ON REMEDY. No waiver by a
party of any provision of this AGREEMENT shall be considered a waiver of any other
provision or any subsequent breach of the same or any other provision, including the time for
performance of any such provision. The exercise by a party of any remedy provided in this
AGREEMENT or at law shall not prevent the exercise by that party of any other remedy
provided in this AGREEMENT or at law.
C
11. CAPTIONS, JOINT AND SEVERAL LIABILITY, CONTROLLING
LAW. The captions heading the various paragraphs of this AGREEMENT are for
convenience and shall not be considered to limit, expand or define the contents of the
respective paragraphs. Masculine, feminine or neuter gender and the singular and the plural
number, shall each be considered to include the other whenever the context so requires. If
either party consists of more than one person, each such person shall be jointly and severally
liable. This AGREEMENT shall be interpreted under California law and according to its
fair meaning and not in favor of or against any party.
12. NO REPRESENTATION REGARDING LEGAL EFFECT OF
DOCUMENT. No representation, warranty or recommendation is made by BUYER, its
respective agents, employees or attorneys regarding 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 attorney before signing it.
13. CONDITIONAL FUNDING. This AGREEMENT is conditioned upon
BUYER obtaining additional funding in the amount of ninety thousand one hundred forty
dollars and sixty-three cents ($ 90,140.63) from The City of San Rafael. Unless notice of
said City's failure to "approve" is given to SELLER within one (1) month of the date of this
agreement, this condition shall be deemed to have been waived by BUYER.
14. ENTIRE AGREEMENT: AMENDMENTS. This AGREEMENT embodies
the entire agreement and understanding between the parties relating to the subject matter
hereof and may not be amended, waived or discharged except by an instrument in writing
executed by the party against which enforcement of such amendment, waiver or discharge is
sought. This AGREEMENT supersedes all prior discussions, negotiations, agreements and
memoranda whether oral or written.
IN WITNESS WIiEREOF, the parties hereto have executed this
AGREEMENT as of the day and year first above written.
SELLER:
Social Security Number
MARIN COUNTY OPEN SPACE DISTRICT
By:
PRESIDENT, BOARD OF DIRECTORS
4
DATE:
ATTEST:
SECRETARY
THE CITY OF SAN RAFAEL
DATE:
BY: DATE:
MAYOR, CITY OF SAN RAFAEL
ATTEST:
CITY CLERK
HOZZ%AOMT.PUR
CLT#: 171132 -RR
Return to: County of Marin
Mari -Ann G. Rivers
Couty Counsel's Office
Suite 342, Civic Center
San Rafael, CA 94903
Attn: Mari -Ann G. Rivers
Deputy County Counsel
AP#: 177-240-14 & 177-240-20
CERTIFICATE OF ACCEPTANCE OF GRANT
OF INTEREST IN REAL PROPERTY
THIS IS TO CERTIFY that the interest in real property conveyed by the
Corporation Grant Deed dated _, 1993 from Morris Hozz, a single person, to the
MARIN COUNTY OPEN SPACE DISTRICT, a public district political subdivision of the
State of California, and the CITY OF SAN RAFAEL, a muncipal corporation, is hereby
accepted by order of the City Council of San Rafael on March 15, 1993, and the grantee
consents to the recordation thereof by its duly authorized officer.
DATED: _, 1993
Mayor of the City of San Rafael
ATTEST:
JEANNE LEONCINI,
City Clerk
HOZZWERT-RR.ACC