HomeMy WebLinkAbout1975-07-01; City Council; 3413; St. Patrick's Church Purchase Consideration.- .
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CITY OF CARLSBAD
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AGENDA BILL NO. 34/3 - Initial:
Dept . Hd . DATE :
DEPARTMENT: City Manager C. Mgr.
Subj ec t :
July 1, 1975 C. Atty.r\jsrd
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ST. PATRICK'S CATHOLIC CHURCH PURCHASE CONSIDERATION
Statement of the Matter
The City Council at its June 24, 1975 Council meeting directed the
staff to secure an option to purchase the St. Patrick's Catholic
Churchproperty as shown on the attached exhibits. The listing .
price of the property is $185,000.
Exhibits
1.Assessor's
2.Resolution No. executing option to purchase property.
Recommendation
Adopt Resolution No. 3487 authorizing the to
execute an option to purchase the St. Patrick's Catholic Church
property.
Council action
7-1-75 Resolution #3687 was adopted, authorizing the Mayor to execute
option to purchase St. Patrick's Catholic Church property.
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RESOLUTION NO. 3687
A RESOLUTION OF THE CITY COUNCIL F THE
CITY OF CARLSBAJI , 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 Ciiy 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 RESOLVED 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
Dption is authorized.
PASSED, APPROC7ED AND ADOPTED at a regular meeting of the
2arlsbad City Council held on the -- 1st day of --- July , 1975,
3y the following vote, to wit:
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Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler AYES :
NOES : None
ABSENT: None
ATTEST :
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(SEAL) .
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OPTION TO PURCIIASE REAL PROPERTY
THIS 'OPTION TO PURC~WSE REAL PROPERTY gzsz%ed this
30th day of June , 1975 7 , by Roman cz-,2,1ic
Bishop of San Diego 8
hereinafter referred to as "Optionor", to the CS2 OF CARLSBAD,
a municipal corporation of the State of CaliforLz, herein-
;
after referred to as "City';
WI';?I"SSSETH:
WHEREAS, Optionor is the owner of that ==&ah real
property located in the City of Carlsbad, Coun- 3-' San Diego,
California, more particularly described on ExhFZ-z A attached
hereto and made a part hcrc-f; and
WHEREAS, Optionor wishes for the consic'-e-ion herein-
after set forth to gr;\nt to City the exclusive ret and op-
tion to purchase the kt?rnp?rty described on Exhf---- A attached
hereto upon the tembt a:~! conditions hereinafkc- set forth:
T~~Fo\:I:, ZT IS AGREED AS FOLLOKZ=
133 to Purchase. Opticjx- hereby
grants to City the dyr~I'i*:**ma right and option e zrchase
upon the terms and
hereinafter set
the City of Carlsbglj +
scribed on Exhibit /I Aifar'**l hereto and made 2 xt -- hereof,
1. Grant of-''&. c
.I~o*.~~~:~RS and for the purct-= price
"srtain real propeq Located in
1 of San Diego, Caltaia, de- + .sur;** .-
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hereinafter referred to as ‘I the Property” .
2. Cons2deration for Option. The consideration for
this option shall be the sum of $5,000.00
, 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 the on or before
11:59 porn., August 31, 1975 . If this option has not been
exercised on or 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 other-
wise, City agrees to furnish to Optionor within five days of
written request therefor a quitclaim deed for the purpose of
evidencing of record termination of this option agreement.
Upon termina-
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 nOptionorn by personal delivery to Dave Minnich . , or by mailing such notice postage
prepaid to Optionor in care of Dave MinnichJ
California . If 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
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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
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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 escrowland the escrow instruc-
tions shall be in the form and contain the provisions as set
forth in Exhibit B 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 obtabing 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
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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.
9. Time of Essence. The is of the essence of each
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
has incurred no obligation for a real estate brokerage com-
mission by reason of this option or the exercise
option or the purchase of the Property following
this option.
11. Quitclaim Deed. The quitclaim deed
of this
exercise of
referred to
in section 3 hereof shall be duly executec 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 quitclaim deed to
Optionor upon the happening of the conditions set forth in
section 3.
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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 \A
BY Robert C. Frame, LMayor
V City Attorney
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EXHIBIT A
LEGAL DESCRIPTION
Parcel 1, Lots 1 through 8 inclusive, in Block 66
in the town of Carlsbad, County of San Diego, State
of California, according to map thereof, number 535,
filed in the office of the County Recorder of said
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
thereof, number 775, filed in the office of the
County Recorder of said County.
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