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Home My WebLink About1975-07-01; City Council; Resolution 3687.. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 on RESOLUTION NO. 3687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN OPTION TO PURCHASE THE ST. PATRICK'S CATHOLIC CHURCH PROPERTY AND APPROVING THE EXPENDITURE OF $5,000 FOR SAID OPTION. WHEREAS, the City Council has been informed that the St. Patrick's Church property in the City of Carlsbad is being offered for sale; and WHEREAS, the City Council wishes to consider the acquisi- tion of the property and has determined to seek an option to pur- chase the property; and WHEREAS, the option will preserve the opportunity to pur- chase the property while allowing the necessary prerequisite to a decision to purchase such an environmental and general plan review to be accomplished; NOW, THEREFORE, BE IT Fd3SOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute an option to purchase the St. Patrick's Catholic Church property in a form as shown on Exhibit A attached and incorporated by reference. 3. That the expenditure of the sum of $5,000 for said option is authorized. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of July , 1975, by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : None ABSENT: None Councilwoman Casler ATTEST : (SEAL) 2. I 0 0 OPTION TO PURC~~ASE REAL PROPERTY THIS OPTION TO PuRcE~ASE REAL PROPERTY gz=zked this 1975 , by Roman CzzLnZic - 30th day of June Bishop of San Die90 1 hereinafter referred to as "Optionor", to the CSZ OF CAmSBAD, a municipal corporation of the State of CaliforLz, herein- after referred to as "City"; WI';?;SSSETH : WHEREAS, Optionor is the owner of that =seain real property located in the City of Carlsbad, Count? 35 San Diego, California, more particularly described on ExhL5E A attached hereto and made a part hart-€; and WHENAS, Optionor wishes for the consiS=-==ion herein- after set forth to grant to city the exclusive rZ31t and op- 1 , **%?,* Y of San Diego, Cali-Aia, de- the City of Carlsb9'l; iifafk*pI)l hereto and made E -yt hereof, scribed on Exhibit fi "srtain real propeq- Zacated in \ hereinafter set forr-{' -. hereinafter referred to as “the Property”, 2, ConsTderation for Option. The consideration for this option shall be the sum of $5,000=~0 , receipt of which by Optionor is hereby acknowledged. In the event-this option is exer- cised in accordance with its terms, the consideration paid for this option shall be applied to the purchase price as hereinafter provided in section 5 hereof, 3. Term of Option. This option may be exercised in the manner hereinafter provided at any time on or before 11:59 p.m,, August 31, 1975 . If this option has not been exercised on OK before 11:59 P.m,, this option and all rights of City hereunder shall automatically terminate. tion of this option, whether by expiration of term or othes- Upon termina- .. wise, City agrees to furnish to Optionor within five days of written request therefor a quitclaim deed €or the purpose of evidencing of record termination of this option agreement. 4. Exercise of Option. City shall exercise this option by giving written notice of such exercise of option during the term hereof. Said written notice shall be served upon “Optionor” by personal delivery to Dave Minnich , or by mailing such notice postage prepaid to Optionor in care of Dave Minnich, Carlsbad, California . ~f said notice is sent by mail, it shall be deemed to have been delivered within forty-eight hours of the depositing thereof, postage prepaid, certified 2. ~ ._-._ . ... - . - . . . . . . . . . .. .. . .... . .. . . . . . .. . .. mail at any United States Post Office in the State of Cali- fornia. 5. Purchase Price. In the event this option is exercised, the total purchase price for the Property (includ- ing the consideration paid for this option as set forth in section 2 hereof) shall be $185,000.00 6, Escrow. Within five business days of receipt by Optionor of notice of exercise of this option, Optionor and City shall open an escrow with Professional Escrow Services, Carlsbad, California as escrow holder, Good and merchantable title to the Property shall be conveyed by Optionor to City through said escrow,and the escrow instruc- tions shall be in the form and contain the provisions as set forth in Exhibit €3 attached'hereto and made a part hereof. Said escrow instructions shall provide for a closing date on or before ten days from the date of opening of escrow. 7, Rights of City During Term of Option, During the term of this option, City and its representatives, agents and independent contractors shall have the right to enter onto the Property for the purpose of obtaijling any and all information regarding the Property as City deems appropriate. .City agrees to and does hereby hold Optionor harmless from -% and against any loss, claims, demands, liability or damage resulting from the activities of City, or anyone acting pur- suant to authorization from City or in relation to the 3, . .. __ -. . . - ___ - .- . . . . . . . . . ~ ._ - ..... . . - - ~ ... . ._ . . .. . . - . I, ' I, 0 Property and from and against any mechanic's liens or claims of lien resulting'therefrom, provided, however, that City shall not be liable or responsible for damage to the Property which is reasonably necessary to the investigation of its physical characteristics, 8. Attorney's Fees. In the event of any controversy or claim or dispute between the parties hereto arising out of or relating to this option agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. Time is of the essence of each 9, Time of Essence, and every one of the provisions herein contained,and this option shall be binding upon and inure to the benefit of the parties hereto and to their respective successors and assigns. 10. Broker's Commission. Optionor agrees that City I. has incurred no obligation for a real estate brokerage com- mission by reason of this option or the exercise of this option or the purchase of the Property following exercise of this option. 11. Quitclaim Deed, The quitclaim deed referred to in section 3 hereof shall be duly execute4 by'City prior to the expiration date hereof and shall be delivered to and held by Mr, Paul D. Bussey, 1200 Elm Avenue, Carlsbad, California, who is hereby instructed to deliver said quitclah'deed to Optionor upon the happening of the conditions set forth in section 3. 4. . . ... .......... ..... .......... ............... - -. - -_ .. L 'I 0 12. Authority and Title. Optionor represents and warrants that it has authority to grant the option herein given and that it holds title to the Property, 13, Successors in Interest, This option is binding upon the assigness and successors in interest of Optionor and inures to the benefit of assignees and successors in interest of the City. IN WITNESS WHEREOF, the parties hereto have executed this option agreement as of the day and year first set forth above , CITY.OF CARLSBAD, a Municipal Corporation of the State of California 5, . ... .. . . - __ . . . __ . -. . - . . . . . - - - . - .- - .-. , - . . . . .. . .’......., i ?_*., , . --5& . . , .I , ...... ......... a thereof, number 775, filed in the office of the County Recorder of said County. EXHIBIT A LEGAL DESCRIPTION Parcel 1, Lots 1 through 8 inclusive, in Block 66 in the town of Carlsbad, County of San Diego, of California, according to map thereof, number 535, filed in the office of the County Recorder of said State county. Parcel 2, Lots 27, 28, 29, and the north one-half of Lot 30, in Block 57 in the town of Carlsbad, County of San Diego, State of California, according to map .............. ....... ...... - - . - . -- .- .................. ....... ...... .- -