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Home My WebLink AboutCC Resolution 7388 (346 Mountain View Ave)RESOLUTION NO. 7388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE PURCHASE OF PROPERTY AT 346 MOUNTAIN VIEW AVENUE, SAN RAFAEL J Council WHEREAS, the City of San Rafael, through its agents, has s s Y negotiated for the purchase of real property known as 346 Z following vote, to Mountain View Avenue, San Rafael, California, and CD = o WHEREAS, the City Council has authorized the purchase of r _ � Ln such property for a total dollar value of Two Hundred Fifteen �rn NOES: COUNCILMEMBERS: None Thousand Dollars ($215,000.00). J Q C3 Y J NOW THEREFORE, BE IT RESOLVED, that the City Manager is -w ct authorized to execute on behalf of the City Council, a contract z ¢ for the purchase of such property. Such agreement shall be approved by the City Attorney. .v J o %.0 x I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, �o Ajm hereby certify that the foregoing resolution was duly and s o Aj a regularly introduced and adopted at a regular meeting of the City $A -NNE M. LEO CINI, City Clerk -7-j� Council of said city held on Monday, the 21st day of July, 1986, by the following vote, to wit: Y AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Muir 3 nf NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None $A -NNE M. LEO CINI, City Clerk -7-j� ORIGINAL PURCHASE ACRE I ENT This agreement is entered the /#t/lday of 11090.5%- , 1986, between City of San Rafael, hereinafter CITY, and Newton and Lucile Gregg, hereinafter GREGGS, pursuant to the following terms: 1. CITY agrees to purchase the real property owned by GREGGS and located at 346 Mountain View Avenue, San Rafael, California, for the sum of two hundred and fifteen thousand dollars (215,000.00), which said purchase price shall be allocated as follows: $200,001 representing agreed upon fair market value of said premises, and $15,000.00 for reimbursement of GREGGS' lost rent and expenses of maintenance. 2. CITY shall open an escrow account with California Land Title Company of Marin, into which it shall deposit the sum of two hundred fifteen thousand dollars cash which said funds shall be paid to Newton and Lucile GREGG upon their execution and deposit with said title company of a Grant Deed in favor of CITY conveying their entire legal interest in said real property to CITY on or before August 15, 1986. 3. Upon recordation of said Grant Deed by GREGGS to the CITY, the GREGGS shall immediately vacate the subject premises and turf over full possession of the subject real property to CITY. 4. In the event that escrow shall not have closed by August 16, 1986, for any reason other than GREGGS' not using reasonable diligence in their responsibilities to effect such closing, CITY shall pay to GREGGS the sum of $46.00 per day commencing August 17, 1986, and continuing daily thereafter until closing shall have occur- red. 1 5. City acknowledges it has had an opportunity to inspect the subject property; CITY waives any requirement for preparation and receipt of a Property Disclosure Statement from GREGGS and agrees to purchase the property on an "as is" basis. 6. CITY has received advice from several licensed engineers as well as various City officials, of past and potential future earth movements, mudflows and other geologic hazards on adjoining City -owned property which affects the subject property; that as a result thereof the subject property has suffered a substantial diminution of value; CITY further acknowledges that since February 1986, it has posted the premises banning human occupancy due to dangers presented by the present soil conditions on the adjoining City -owned land referred to. 7. Both parties declare that they have had no dealings whatsoever with any real estate agent concerning this sale, and there are no agent's commissions to be paid in connection with this transaction. 8. Real property taxes shall be prorated between CITY and GREGGS to the date of close of escrow. Any deposits or prepayments made by GREGGS to their lenders in connection with the subject property shall remain the property of GREGGS. 9. The following personal property at the residence is not a part of this sale and shall remain the property of GREGGS: Unat- tached carpet toward front of house; electric refrigerator, washer and dryer. 10. The execution of this agreement shall not be treated as an admission of liability or responsibility by CITY for any claim 2 asserted or Which might be asserted by GREGGS against CITY in con- nection with damages to their persons and/or real property located at 346 Mountain View Drive. 11. GREGGS' and each of them shall indemnify and save harmless, including attorneys fees, the CITY, it's elective and appointive boards, officers, agents, servants, employees, firms, partnerships, corporations, departments, and each of them, from any and every claim, demand, lien, right or cause of action of any kind or character, whether for medical care, unemployment and/or disability compensation, repair liens, medical bills, landscaping costs, or otherwise incurred by them and arising from or contributed to by a condition of GREGGS' property existing before CITY purchased such property, which condition caused or contributed to damage giving rise to a claim against the CITY, it's elective and appointive boards, officers, agents, servants, employees, firms, partnerships, corporations, departments, or any of them, arising during GREGGS' ownership of property (limited to claims, demands, etc., resulting from acts or failures to act on the part of GREGGS or their agents), 12. City shall indemnify and save harmless, including attorney's fees, GREGGS and their agents from any and every claims, demand, right or cause of action of any kind or character, otherwise incurred by them and arising from the act of CITY on the GREGGS' property or on its adjoining property, or from its failure to act thereon, which may ever be asserted against GREGGS and their agents, and arising during CITY'S ownership of its adjoining property. 13. Newton and Lucile GREGG, do for themselves and their heirs, executors, administrators and assigns, forever release and discharge 3 the CITY OF SAN RAFAEL, hereinafter, CITY, its elective and appointive boards, officers, agents, servants, employees, departments, partner- ships firms and corporations, and each of them, from any and every claim, demand, right, or cause of action of any kind or nature, whether based upon the legal theories of inverse condemnation, negligence, strict liability, nuisance, diversion of surface/subsurface waters, injunctive relief, deprivation of lateral and subjacent support or otherwise, arising out of the flooding, water damage, pipe, trench or slope failures, erosion, landslide, settling, subsidence and all other damages occurring upon all their real property and structures/ improvements located at 346 Mountain View Avenue, San Rafael, California. All such claims, whether for property damage and/or personal injuries and whether or not said personal injuries and/or property damage are permanent in nature, are hereby finally and forever compromised and settled. 14. In relation to the release contained in paragraph 13 herein, GREGGS' recognize it is possible that other personal injuries or property damage not now known will develop or be discovered, or con- sequences or results of known injuries will develop, worsen or be discovered, and this agreement and release is expressly intended to cover and include, and does cover and include, all future injuries or property damage or future consequence or results of known or unknown injuries or property damage, including all rights of action based thereon. The provisions of section 1542 of the Civil Code of the State of California are expressly waived, and the undersigned under- stands that said section provides: 2 "A gener release does not extend claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor." 15. This release contains the entire agreement between the parties hereto. The terms of this release are contractual and not a mere recital. This release and agreement is executed without reli- ance upon any representation by any person concerning the nature or extent of injuries or legal liability therefore, and the undersigned have carefully read and understand the contents of this agreement and sign it voluntarily. 16. This agreement is entered into in the State of California and shall be construed and interpreted in accordance with the laws of this State. 17. The undersigned agree that each party and counsel for each party has reviewed this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to any interpretation of this agreement. NEWTON GREGG j 1 Date It ILE GREGG � ROBERT MARCUCCI L' Acting City Manager, City of San Rafael App rved : �1 GARY T. RAGGHI ANTI, City Attorney 5