HomeMy WebLinkAbout1996-03-26; City Council; 13571; AUTHORIZE THE ACQUISITION AND APPROVE ESCROW INSTRUCTIONS FOR THE REMAINING PROPERTIES REQUIRED FOR THE CARLSBAD MUNICIAPL GOLF COURSE PROJECTCS W 8
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0 CITY OF CARLSBAD - AGENDA BILL
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AB# d 3, 5 '1 k TITLE: AUTHORIZE THE ACQUISITION AND APPROVE DEPT. I
MTC. -7 -26 - '3b CITY A
DEPT. CD CITY N
ESCROW INSTRUCTIONS FOR THE REMAINING
PROPERTIES REQUIRED FOR THE CARLSBAD
MUNICIPAL GOLF COURSE PROJECT
RECOMMENDED ACTION:
ADOPT Resolution No. qh- /c '1' authorizing the acquisition and approving escroi
for the remaining four (4) parcels required for the proposed Carlsbad Municipal Golf C,
ITEM EXPLANATION:
In 1995, the City of Carlsbad acquired the vast majority of property comprising the for
Airport Centre, Phase Ill project through a San Diego Superior Court administered for
This property, subdivided by a previously approved and recorded industrial subdivis
divided into numerous parcels encumbered by the College Boulevard Assessment
Community Facilities District No. 1 obligations. The property fell into default of tt
district obligations during the early 1990's and was subsequently acquired by the Cit!
This acquired property comprises a large portion of the project area intended to be
Carlsbad Municipal Golf Course project.
Within the recorded industrial subdivision map, four (4) parcels were created and
"open space'' remainder parcels. These parcels were not encumbered by the asses
obligations and, therefore, not in default. Only one (1) of the parcels, identified as APh
is encumbered by CFD No. 1. Consequently, these parcels were not subject to tht
imposed foreclosure and subsequent acquisition by the City of Carlsbad. These four (1
nonetheless, required by the City for the development of the golf course project.
The four (4) parcels have been duly appraised by the City's retained appraisal firn
Johnson Company. City's authorized Special Counsel in the acquisition, Asaro and Kei
the appropriate offer to purchase the parcels. After lengthy negotiations, the prc
Weyerhauser Venture Company, has accepted the City's offer to purchase the pro
Special Counsel has assembled escrow instructions which will effect the transfer of tt-
the City. The property owner has agreed to the proposed terms, conditions, and schedt
the escrow. Staff recommends approval of the escrow instructions and authorization i
remaining parcels required for the project. This purchase will complete the City's acc
required properties for the Carlsbad Municipal Golf Course project.
FISCAL IMPACT:
The four (4) parcels total 36 gross acres. The property has been appraised at a total
equal to approximately $8,300 per acre. This cost is similar to the per acre purchas
other surrounding properties acquired by the City during 1994-95 for the golf course 1
this purchase, a total of approximately 250 acres will have been acquired by the Cii
course project at a total cost of $2.4 million.
In addition to the acquisition cost, there will be minor miscellaneous closing costs, esc
insurance, and recording fees the total of which is approximately $5,000. There
balance of available funds in the Golf Course Enterprise Fund to enable the purchase o
at this time.
e 0 Page 2 of Agenda Bill No. j 3 5' 7 /i 1
As discussed above, the four (4) parcels are not encumbered by ongoing asses1
obligations. Only one (1) of the parcels is subject to the Community Facilities Distric
special tax which is estimated to be $5,000 annually. The City will assume the CFD I
date of completion of the sale. When escrow closes and the deed is recorded, the Ci
will no longer be obligated for ongoing County of San Diego property taxes.
Staff recommends approval of this purchase.
EXHIBITS:
1. Resolution No. Gb- I'Cq approving escrow instructions and aut'
purchase of property required for the proposed Carlsbad Municipal Golf Course
Escrow instructions dated March 1, 1996. 2.
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RESOLUTION NO. 96-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL CALIFORNIA, APPROVING ESCROW INSTRUCTIONS AND AUTHORIZIN
ACQUISITION OF PROPERTY FOR THE CARLSBAD MUNICIPAL GOLF CC PRO1 ECT.
WHEREAS, the City Council of the City of Carlsbad, California, has previously
proceeding with the development of the Carlsbad Municipal Golf Course projec
WHEREAS, 4 parcels totaling 36 gross acres have been identified as rec
acquisition to facilitate the development of said project; and
WHEREAS, City has retained the services of an independent, licensed apprai
completed an appraisal of said property; and
WHEREAS, negotiations for the acquisition of said property with the prop1
have resulted in a recommended agreement of the terms, conditions, and schel
sale of said property to City; and
WHEREAS, escrow instructions and accompanying documents have been
affect said acquisition; and
WHEREAS, the City Council of the City of Carlsbad, California, hereby finds
desirable, and in the public interest to approve said escrow instructions and (
property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City i
California, as follows:
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That the above recitations are true and correct.
That acquisition of said parcels 21 2-081-10, 12, 16, and 18 is hereb
That escrow instructions dated March 1 , 1996 are hereby approved
Clerk is authorized to execute said escrow instructions on behalf of the City. Tt
is directed to forward the signed escrow instructions to City’s Special Counse
Keagy, attention, Mr. Richard Freeland, 3 170 Fourth Avenue, Fourth Floor,
California, 92103, and a copy of said escrow instructions to the City Attori
Community Development Department.
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4. That the Finance Director is authorized to make deposits with th
company in the amount of the purchase price and required fees and costs for this
by the City.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad Ci
held on the 26th day of March , 1996, by the following vo
AYES: Council Members Nygaard, Kulchin, Finnila and Hall
NOES: None
ABSENT: Mayor Lewis
ATTEST:
ALETHA dktL L. R$TE%@, kt=)
(SEAL)
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CXlNTm LAWYERS TI'ITE cc%IpANy Ek3clxm No.: 952934M
EscRow~IoNs (continued) Date: 03/01/96
MAKE ADJusIME1vIs AM) PRORATIONS OF THOSE I"lWS HEREINAETER CHMXED AS OF CLQSE OF E
[X] Taxes, except taxes on p~srscgldl praperty not canvq.ed t.hXW3h this escrow bas€
current par's taxes. ow ever in the event the escrow closes after July 1 am asrent taxes are publicly posted and published you are insixucted to mate based upogl the inmediately PreCed-Lng * year's taxes unless the parties to the e
furnish you with an amxnt nutually agreed to, whi& sull shall be used as the
basis for said proration.
ficiary.
If the unpaid balance of the loan of reoord to remain as shmn an beneficiary
mt is rmre or less than the mt sham abuve, adjust difference - -1
THE SECOND 1/2 OF THE 1995-96 REAL PROPERTY TAXES WILL BE PAID WED ON A PROE
BILLING TO BE OBTAINED FROM THE SAN DIMX) cour\TI7! TAX COLLEcIylR AT THE CEE 01
AND WILL COVER THE PERIOD FROM 1/1/96 TO CLQSE OF ESCRCW DATE.
[ ] In-t m deed of trust of record based on statement furnished yau by the b€
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[ I Repltals based m sta-t handed you by seller and appraved by buyer.
[ ]
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[ ] -'s association fees.
Security depsits, cleaning fees and advance rents as shown on rental statarrs to be (3lxged to seller and credited to beryer.
premi~lms m fire insurance policies handed you, dess b~yer at 'his optim ser
awerage and advises escrow holder accordingly.
[ ] FHAMartgagenlsurance~m.
[ ] Any inpunds shown on beneficiary sta-tment are to be d-mrged to buyer and a
Sella.
ADDITIONAL mm:
ESCEXYd AGENT SHALL HAVE No LIABILITY OR RFSPONSIBILITY FDR THIS PARAGRAPH.
BUYER, ITS OFFICERS, EMPLQYEES AND AGENTS, SHALL, HAVE THE RIGHT TO ENTER THE PROPEI
ALL REFSONABLE TIM!ZS DURING THE TER4 OF THIS ESCRCW, FOR THE PLTRPOSE OF PEEGCIRTtNG SURVEYS, ENVIRONMENTALI ASS-, FIELD INSPECTIONS AND PLANNING.
ADDENDUG A, B AND C, A'ITACRED HEFElD AND MADE A PAF?P HEREOF, ARE MATTEE?S OF AGREET
BE" SELLER AND BUYER AND IMPOSE No DUTIES ON EScROW HOLDER.
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! Initial Initid QJW ! .................................
CONTINENTAL LAWYERS FI'PLL?. * COMPANY
. m Subsidiary of Lawyers Title Insurance Corpratim
ESmm l3JsmumIoNs
TO: ~~LAWYERSTITLEOOMPANY - No.: 952934M
4542 Ruffner Street, Suite 200 Date: March 1, 15
San Diego, CA 92111
AlTN. : Escraw Officer-Toni Mitchell
(619) 278-4174 FAX (619) 279-7538
Paid autside of Escrow ... .$
cashthrQughEsc=row $ 3oc Ekx!mbranu= of record ..... $
EklmbranCe of record ..... $
NaJ erlcmbr- ........... $
New b ........... $
New - ........... $
.......
New ezxxlmra ****@@6***@$
l?cYmL mIDmTIau $ 3K
on ar befare MARCH 29, 1996, we will hand you th full cash purchase price of $300,
plus other fuds and dccunEnts that may be required,
&d yau will Mi- - yau obtain a &ant ~eed to the vestee(s) ~med herein a:
you can issue your usual standard form CLTA Cwners policy of title i
with a liability in the amnmt of $ 300,000.00 CBI property described as follows
ccMpLEI'.E LM;AL DESCRIPTION SET FORTH IN EXHIBIT "A", ATTACHED HERETO AND MADE A PAR
HERMlF .
PROPERTY ADDRESS- (unverified) :
showing title vested in:
THE CITY OF CAFUSBAD, a municipal corporation
$ APN 212-081-10, 12, 16 & 18 Carlsbad, CA 92008
FREE OF E"cEs EXCEPT:
CURRENT INSTALLMENT General. and Special Taxes for the fiscdl year 1995-1996, indud perm Praperty taxes, if any, and &dl District Lwies, payment of wrhi& is i
and collected -ith, and the lien of srrpplerrsltdl taxes, if any, assessed pursu,
the provisions of Cbpter 498, Statutes of the State of California. T~TVP?,~
oz=w- * -e+-. * see below. - . 73Belmk:Tme~*m:~-i .. t-r-, m
THIS IS AN ALL CPSH "SAmION AND THERE WILL BE No OTHER LIENS -1% SUaJEcT
mPERTY AT THE C-E OF ELscRow.
EscROw HOLDER Is Im'IRETED IKn? TO AFFIX TRANSFER TAX TO THE CONVEYANCE DEED AT THE
OF EXRCW, AS THE CITY OF CAFUSEViD IS EXEMPT FFO4 SAID TAX.
9itle to property -1 be subjecrt ori~y to those matters set forth on -de B of Preliminary Report issued by Continental Lawyers Title Cu-npany, dated February 26, 1
at 7:30 a.m., Items No. 1 (all +as tcl be pia at ti! C~OS of -8), 8, 9, 10, 1
13, 14, 15, 16, 17, and 20, and no others.
pJ p&JD RETU
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! Initial Initial & ! .................................
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CONTINl3TAL LA- TITLE CXW’ANY Escrow No.: 952934H
EscRmlle3mJmIoNs (Contimed) Date: 03/01/96
1 a- to Pay buF= - ch=TF=s, AND ALL SELLER’S CHARGES AT THE CLX>SE OF EscRow.
TRANSACTION.
ALL OF THE “ERS, CCNlITIoNs AND PROVISI~ AS SET FORTH ON THE; Am GENERAL PI
SELLER TO Im NO COST IN THIS
ARE A??-, ACCEPTED, AM) CONCXJRRED m BY THE PAWTIES WHOSE SIGNATURES APPEaR BE
EKlYEB(S): THE CITY OF CAEUSElAD, a municipal corporation
ADDRFSS: c/o Attorney
-: -Resid-/ City Clerk
By: Jb ALETHA L. RAUTENKRANZ, -R. Q-)
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The faregoing terms, dtions and ins-tructim are hereby CogKXIzTed in, approved and accepted. I will hand yau all the instrunents and mmey necessary of me to enable you to amply therewith whi& you are authorized to use and/or deliver when
you hold in this escrow for my aaxxmt the funds, prurata adjustments and ins-ku-
ments deliverable to me under these instructions. I agree to pay your usual esmm Ch=!J-, t=xc=Pt-=*~agreetoPaY,mY===d=%3 - fees, cilaqes for
assur- of title, beneficiary stawt(s) and/or demanas(s) tcgetbr with any amxrnts necessary to place title in condition called for.
$0.00 eb3cUmntar.y transfer tax and charye my aaxxmt therefor,
SELLER(S): Carlsbad Airport cen-tre, a California limited partnershl ‘P
Indica- m deed
By: Wsyerhaew Venture Ccmpany, a Nevada corporation Its Liquidating Limited Partner and Attorney-in-Fact
ADD-: c/o Attorney
By:
TELEPHCBYE: -Resid-/
BY:
GENERAL l3lFaumTIm 1. In accordance with Sections e 18805 ad 26131 of Revenue arc)Taxatim~e, a-
be required to withhold an am3unt equal to 3-1/3 of the sales price in the case
disposition of California d property h-t by ei*! 1. A seller wb is an individual with a last lnmwn street address outside of C or when the disbursement instructions authorize the proceeds be sent to a fhar in- 'ary of the seller, OR
2. A alporate seller which has no pmT!aEnt place of business in CalifOmh.
H-, n0twith.s- any om provision included in the California statutes
ref- above, m buyer will be required to withhold any anyNnt or be SUbjeC
penalty for failure to withhold if: 1. The sales price of the California real property corrveyed does not exceed a
tbusand dollars ($100,ooO.00), OR 2. The seller executes a written certificate wder the mty of perjw, ce~
that the seller is a resident of California or if a corporation, has a permaner
of busiress in California, OR 3. The seller, who is an individual, executes a written certificate, under thE of pjq, that the California & pmw - an- is the seller's PI
residence (as defined in Section 1034 of the Interndl RaTenue code).
The seller is subject to pmalw for krmwingly filing a fraudulat certificate j purpse of avoiding the withbldj-rg reguirenu3nt.
The California statutes referenced akuve. klude prwisions which authorize the
Tax Board to pant reduced withholding and Waivers frcm withholding on a case-b]
basis. myer is heseby mtified that the provisions of California Revenue and Taxation
Section 18805 and 26131 are applicable to artam * sales of California real esta" mident sellers. Eklyer understarids that in no event will escro~ holder m
advise buyer &/or buyer's representative on the possible application of the al
code sections to this specific transaction. Unless expressly ins-trucrted by the and buyer herein, buyer understands the escrow holder will mt assist in obtain
waiver frcm withholding frcm the Ftanchise Tax EOard (FIB) in the event that w2
is otherwise required in this transaction, mr undertake to withbld and remit : the FTB in the event ra waiver is obtained. Should buyer and seller herein din
holder to undertake any activities pursuant to the wiwlding proVisions in Ca
law, buyer agrees to mperate fully in providing necessary information ad to -
and escrow blder harmless in the event of nonccmpliance resulting frcm infom
supplied by either buyer &/or seller. For additional information cmxemhg -
withholding provisions der the de sections refa above, please =tact
FlB-Withbld at Source Unit (916) 369-4000, P. 0. Box 651, Sacramento, Califom
Buyer is Ilezeby notified that FIRPTA (Foreign Investments in Real Praperty Tax, Revenue code 1445) and California Revenue and Taxation code Sections 18805(a) a
are applicable to certznn ' sales of United States and California real estate by 1 residence U. S. aliens. Esc=raw holder is released frcm any liability, obligatic
respansibility with resl=ec;t to said We Sections, includirig, but not limited tc
(a) withholding of funds, (b) advising the parties as to the requirements of sa
sections, (c) de- whether transferrer (seller) is a foreign person or e
and (d) obt&n&q a nonforeign affidavit .
Funds remitted to this escrow are subject to availability requirements imposes I California Insurance code Section 12413.1 (Chap- 598, Statutes of 1989). Win
transfers are accorded same day availability. Cashier's, certified or teller's
checks are generally accorded mxt day availability. Deposit of funds other th abve will be subject to a longer clearaxe prid d may delay the closing of
Prior to the close of escrow, buyer shall cause to be handed esam holder a fu mpleted and executed "preliminary Change of ownership Report" pursuant to the
State of California. If buyer so chooses, buyer may elect not to ccnp?lete and (
said form prior to the close of esamw. In such an event buyer is am that a charge will be assessed by the County Recordes's office and escrcw holder will
the account of the buyer accordingly. Escraw holder's sole duty shall be the d of said form to the County Recorder at the time of reoordation of transfer dm
J3uyer is aware of the passage of Senate Bill 813 reprdiq supplemental propert
bills as a result of any change in ownership or new construction. Beginnit?g Ju 1983, property which changes ownership or is newly oonstructed will be revalued
tire of -transfer cccurs or the construction is ccnrpleted. The net change in va result in a supplemental assessment. The supp1m-W- taxes will Ix assessed f: date of c'nange of ownership or constmxtion ampietion to Lb end of the tax ye
you have my questions a- this supplerental tax, please contact the off the County Assessor in the County in which the property is located.
Seller agrees to furnish escrcxlr holder with a axpleted IS W-9 form which will escrm holder sufficient information to file form 1099B with the Intesnal RaTen
Service for the sale of the propesty which is subject of this escrow. said inf and the filing thereof is required under the Federal Tax Reform Act of 1986, ef
95812-0651.
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escrow.
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reqUirements of and in amrdam with Section 480.3 of the Revenue arki Taxatio
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January 1, 1987.
INITIALS: INITIALS:
GENERAL ms1w
~alescrOw~tC
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l., All funds received in this escrow shall be deposited in a 9 accounts, irduding escrow savings aotxxults of CTlNTINlWFAL LAWYERS TITLE ccp3pANy 1 State or National Bank authorized to do business in the State of California. All
bursements shall be made by check of CONTm LAWYERS TITLE WZWY. The prh
ori areinsured limit pravided by the Federal Deposit Insurm Corporation,
You are authorized to prepare, obtain, recolrd and deliver the necessary in&nmvm
carry out the terms and corditions of this escrow and to order to be issued at clc escrow the policy of title insurance as called for in these instructions. Close o
All adjustments and prorations shall be made on the basis of a 30-day mth.
to this escrow are hereby notified that the funds deposited her ex^ . .
2.
shall mean the date inshcumen ts are recorded.
3. 4. & my agent, you are instructed to assign my fire and cafllalty insmame policv
to you & to SBCuTe any endor.s€msnts required in tlae performarx=e of these instru
YOU may assuw that said policy is in full force d effect ad that dl pdUltlS
been paid. You are not to be held amtable or liable for the sufficiency or corns a
form, marines of execution, or validity of any instrument deposited in this escrow to the identity, authority or rights of any person exatirag the same. Your duti
such instnrments, or other dmts received by you as Esccw Holder, and for th sition of same in am- with the written instructions accepted by you in thi You shall have no respansibility of notifyirag me or any of the parties to this es
any sale, resale, loan, exchange or other transaction involving any praperty hese
cribed or of any profit realized by any person, firm or corporatian in annectior
with, regardless of the fact that such transaction(s) may be handled by you in tk crow or in another escrmv. No mtice, demand or change of instructions shall be of any effect in this esmm
given in writing by all parties affected thereby. In the event a dv for the
deposit in this escrow is mde, mt mw in by all parties hereto, the Escrc Holder, regardless of wb made demand tkEfOr, my elm to do anY Of the folia
( i) After thirty days fm the date Em Holder was first raotified tha-t tbe E to be caxxSl.led and/or demand for fur& was made, absent mutually mrc'uming inst providing for payment of funds & the disposition to be made of this escrm~, th~
Holder may return. all fumk and dmuwnts to the parties depositing same, and Wit
liability therefor.
a resolution of any conflict by and ktween the parties hereto.
(iii) File a suit in interpleader and obtain an order fran the court allowing Esc
Holder to deposit funds and dmts in court and have no further liability hen
(iv) Deposit the funds with the court in the event either party files an action
the other party to this escrow to determine which party is entitled to said fur&
If the conditions of this escrow have not been ccmplied with at the tire herein E
you are nevertheless to ample- the same as soon as the conditims (except as tc
have been canplied with, unless I shall have made written demand qm~ you for thc of m3ney and jns-- deposited by E.
All parties hereto agree, jointly and severally, to pay on demrx3, as well to inr
and hold you harmless fm and against all costs, damages, judgements, attorney':
expenses, obligations and liabilities of any kind or nature which, in good faith, incur or sustain in connection with this e, except those acts due to the rq
or breach of the escrud instructions by the Escrow Holder.
You are authorized to furnish copies of these instructions, any supplements or ar
thereto, notices of cancellation and closing statemnts to the real estate broka
These instructions may be executed in counterprts, each of which so executed, sl irreqective of the date of its execution and delivery be deemed original, and si
These instructions shall beccme eff-ive as an escrow only upon the delivery thr
the En Holder signed by all parties theseto.
Any funds akandd or remaining unclaimed, after gocd faith efforts have. been rn
the Escrow Holder to return same to the party(ies) entitled thereto, shall be as:
holding fee of $50.00 mually. After three years the munt, thereafter rerpain claimed may escheat to the State of California.
14. All dccuments, closing statmmts, and balances due the parties to this escrow a:
mailed by ordinary mail to said parties at the addresses shown apposite their sic unless otheswise instructed.
Par'CieS hereby 8- t0 aCW?L XX3 heseby mStrUCX the Escrow Holder to rely up
instructions/documents as if they bore original signatures. Parties aclamwledge gree to provide to the Escraw Holder the instructions/docum3nts bearing original m within 72 hours of transmission of the facsimile. parties dmm at
early release of funds frcm escrow will not cozur until Escra~ Holder has receiv
originally signed instructions. Parties further understand that facsimile sip ments will not be accepted for recx>rdation.
CONTl"l%L IAWEZS TITLE COMPANY IS LICENSED To ACT Fs AN UNDERWRITTEN TITLE a
THE DEPAR?MENT OF I"X, STATE OF c9LIFoRNIA.
Initial Initial Initial Initid JCCQV
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under shall be limited to the proper handling of such mmy and the praper safeke
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(ii) Wi-ld and stop all further pmeefimg ' in, and perfOI3lmce of this r2Scrm
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lend€r(s) named in this e.
countexpark tcgether shall constitute one and the same instrument.
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15. In the event parties hereto utilize facsimile transmitted si@ instructions/dsc
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( W e . L. .. . UY_*U.Y 1 ..YLYYL..YV I,.. )I.. . 8
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-I [ADDENDUM A] ,
With respect to each such inspection, assessment or survey, Buyer agrees to satisfy the fol
conditions and requirements:
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(1) Seller shall have received prior notice of the names of the persons who will eni
Property, the approximate time of their entry and approximate duration of their stay and the nature c
activities thereat, together with a representation in writing from Buyer that Buyer has confirmed the ex
of adequate public liability and other insurance covering all risks arising out of such entry.
(2) Such entry and inspection shall not damage the Property in any resEect and shall be E
to and conducted in such a manner as to minimize interference with the operations on and occupa
adjacent properties a
(3) Buyer shall promptly restore the Property to its condition prior to such inspection and
all receipts, releases, waivers, discharges and assurances and perform all other acts necessary to ke
Property free from mechanics’ and materialmen’s liens and all other claims arising out of such inspe
(4) Buyer shall deliver to Seller within three (3) business days after request by Seller, w
charge therefor, copies of any and all reports, test results or studies made for Buyer, but not includir
internal reports or studies made by Buyer or any confidential reports made by Buyer’s attorneys.
(5) Buyer shall indemnify and hold Seller harmless from and against any claim, action,
of action, demand, liability, obligation, loss, cost, damage or expense (including actual attorneys’ fet
costs) which may arise or which Seller may sustain or incur by reason of or in connection with anj
inspection or entry.
INITIAL HERE [
v 0 ,.- . . . .. , .. WV I nwUhNUUM.B ,a -<
-. [ADDENDUM B]
The Property is being acquired by the City under threat of condemnation for public use.
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lNjfIkL ,-+t~: r
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0 [ADDENDUM C] w ,""\," vL\AKKuInwUCMUUM. .! ' -I ' *
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I Buyer hereby represents and warrants that it has agreed to pay no broker's fee, finder
commission or other similar compensation in connection herewith and Buyer has not acted tl
any broker or finder who could claim any such other or additional compensation, and Buyer f.
agrees to indemnify and hold Seller harmless from and against all damages, liabilities,
expenses and losses (including, without limitation, reasonable attorneys' fees and costs)
Seller may sustain or incur by reason of any action for any such fee or compensation, otht
claims based upon dealings solely with Seller.
Seller hereby represents and warrants that it has agreed to pay no broker's fee, finder
commission or other similar compensation in connection herewith and Seller has not acted tk
any broker or finder who could claim any such other or additional compensation, and Seller f
agrees to indemnify and hold Buyer harmless from and against all damages, liabilities,
expenses and losses (including, without limitation, reasonable attorneys' fees and costs)
Buyer may sustain or incur by reason of any claim for any such fee or compensation, othei
claims based upon dealings solely with Buyer.
Each party shall, at the request of the other, execute, acknowledge (if appropriate
deliver whatever additional documents and do such other acts as may be reasonably requii
order to accomplish the intent and purposes of this Agreement.
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IfYITlAL HERE a
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EXHIBIT A (LM=AL DESCSIETICB4)
The I!- Parcel" and Lots 61, 74 and 76, inclusive of Carlsbad Tract No. E
Ihit I@, 3, in the City Of Wlsbad, cow\lty Of Sm Diego, State of Cdifornia, i
to mp tkrereof NO. 11289, filed in the Office of tk County Recorder of San Die
Ekcepting therefran 50% of all oil, minerdL ,gasandothes~sub~
depth of 500 feet urder the real property described hxein, witbut the right oj
entry, as reserved by Carlsbad praperti =, a- 'p, in a deed recorded Jul
as File/Page No. 78-279136 of Official Records.
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! \+ff 'k' %:RE pJ
6 0
March 11 I 1996
TO: CITY CLERK
FROM: MUNICIPAL PROJECTS MANAGE
SUBJECT:
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ORIGINAL DEED FOR 4 PARCELS TO BE PURCHASED BY CARLSB,
FOR THE CARLSBAD MUNICIPAL GOLF COURSE PROJECT
Attached is the grant deed signed by the sellers of the 4 parcels to be purchased
Carlsbad for the Carlsbad Municipal Golf Course project. The agenda bill approving 1
escrow instructions and authorizing the purchase has been delivered to City Hall anc
scheduled for the March 19, 1996 agenda (consent calendar).
Following the March 19th approval, please sign the deed on behalf of the City
authorized by the Resolution and call our Special Counsel, Asaro and Keagy, attenti
Frank Asaro or Dick Freeland, at 297-3170, and they will make some arrangements
have it deposited with our escrow company, Continental Lawyers Title. The escn
number for this transaction is 952934M.
If you have any questions, please give me a call at x-4386. Thanks for your help.
c: City Attorney
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ASARO, KEAGY, FREELAND & MCKINLEY
ATTORNEYS AT LAW
FRANK L ASARO FOURTH FLOOR
ROSCOE D KEAGY 3170 FOURTH AVENUE
SAN DIEGO. CALIFORNIA 92103 RICHARD R FRECLAND
STEVEN A MCKINLEY TELEPHONE I6191 297-3170 TIMOTHY M BARRY
SHEILA M LEONE FACSIMILE 1619) 299-4268
March 11, 1996
Mr. John Cahill
Office of City Manager
Department of Municipal Projects
2075 Las Palmas
Carlsbad, CA 92009
Re: Carlsbad Airport Centre (Golf Course Property)
Continental Lawyers Title Company Escrow No. 952934M
Dear John:
Enclosed is the original Grant Deed to Parcels 212-081-10, 12, 16, and 18, sigi
by the appropriate officers of Carlsbad Airport Centre.
The Deed has been delivered to us in trust pending close of escrow for purpo
of acceptance by the City and attachment of the City Clerk's Certificate of Acceptar
I understand the matter will be considered by the City Council on March 18, l
if approved, funds will be delivered to escrow for a closing on approximately March
or 21.
Upon approval and acceptance, the funds and the Grant Deed should be delive
directly to Continental Lawyers Title Company to the above referenced escrow.
If there are any questions, please advise.
Very truly yours,
GY, FREELAND & McKlNLE
FLAJmad
Enc.
cc Mr. Mark Corman
Mr. Jim Chiboucas
Mr. Scott Barnard
Mr. Kurth DeMoss
HAND-DELIVERED
j - RMxlRDING REQUESTED BY:
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: AND WHEN RECORDED MAIL THIS DEED
AND UNLESS OTHEEWISE SHOWN BELMrJ
MAIL TAX STATEMENTS "XI:
City Clerk
1200 Carlsbad Village Dr.
NAME City of Carlsbad
ADDRESS Carlsbad, CA 92008
STATE
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EXHIBIT A (LEGAL DESCEUETION)
The "Remainder Parcel" and hts 61, 74 and 76, inclusive of Carlsbad Tract No. 8
Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, a to Map tkreof No. 11289, filed in the Offie of the County Recorder of San Diegi
Excepw therefrom 50% of all oil, mineral., gas and other hydrocarbon subs-
depth of 500 feet - the real property described -, witbut the right of entry, as reserved by Carlsbad Properties, a prtmxdu 'p, in a deed rem- Jul.
as File/- No. 78-279136 of Official Records.
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated March 5, 1996
from Carlsbad Airport Centre ..................................
to the City of Carlsbad, California, a municipal corporation
is hereby accepted by the City Council of the City of Carlsb
California pursuant to resolution No. 96-104 , ddopted
on March 26, 1996 r and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED : March 29, 1996
By: &k!h d -&)&'k
ALETHA L. RAUTGNKRANZ, City) C1c