2002/12/19 City Council Resolution (7)RESOLUTION NO. 2002 - 277
A RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING AN
ACQUISITION AGREEMENT WITH TE CO MUNIFOR THE SOP OF
COMMISSION
OF THE CITY OF ROHNERT
ASSESSOR'S PARCEL NUMBERS 1 M DRIVE)
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, Assessor's Parcel Numbers 143- 051 -063 and 143 - 051 -064 were acquired by
the City of Rohnert Park in 1998 for the purpose of creating a civic center and downtown;
WHEREAS, since the purchase of the parcels, the City of Rohnert Park has adopted a
General Plan, Housing Element and City Centre Plan;
WHEREAS, the General Plan, Housing Element and City Centre Plan call for
development of affordable housing in the area where the city -owned parcels are located;
WHEREAS, the Community Development Commission's serves the community by
developing public infrastructure and affordable housing;
WHEREAS, the goals of the City's General Plan, Housing Element and City Centre Plan
are met by selling the parcels to the Community Development Commission;
WHEREAS, attached as Exhibit A to this resolution is the Acquisition Agreement;
WHEREAS, and independent appraisal has placed the value of Assessor's Parcel
Numbers 143 -051 -063 and 143- 051 -064 at $1,335,000;
WHEREAS, the City of Rohnert Park deems the appraisal's value of Assessor's Parcel
Numbers 143- 051 -063 and 143 - 051 -064 as a accurate assessment of current market values and a
fair return of its original purchase;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park
that the City Manager is authorized to execute a purchase re ent1and re aced title transfer
documents for the sale of Assessor's Parcel Numbers
DULY AND REGULARLY ADOPTED this 19ffi day of December 2002.
CITY
AYES: (5) NOES: (0)
CITY OF ROHNERT PARK
ayor
_ SPR UUN: AYt VII-JAK.mAk !NEZ: AYE
ABSENT: (0) ABSTAIN: (0)
-
_ _ _
AC( WISITION AGREEMENT
THIS AGREEMENT is entered into this i tlilay of December 2002,
by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
ROHNERT PARK (the Commission) and the CITY OF ROHNERT PARK (the
"City
Recitals
A. The Commission is a public body, corporate and politic, organized and
existing under the California Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.) to carry out the Redevelopment Plan (the "Redevelopment
Plan') for the Rohnert Park Redevelopment Project Area (the "Project ").
B. The City is a public body, corporate and politic, authorized by the
California Community Redevelopment Law and the Redevelopment Plan to aid and
cooperate with the Commission in carrying out the Project and ensuring the fulfillment
of the purposes of the Redevelopment Plan.
C. In furtherance of the Commissions activities implementing the
Redevelopment Plan, the Commission and City desire to enter into this agreement to
provide for the purchase by the Commission of certain real property (herein the
Ic
"Property ") currently owned by the City. The Property
-063. op consists Property isamore
Assessor's Parcel Numbers 143 - 051 -064 and 14 3
particularly described in the "Legal Description of the Property," attached hereto as
Exhibit A and incorporated herein by this reference.
D. The Property is located within the City. The Commission is acquiring the
Property for purposes of developing affordable housing units.
E. The project is categorically exempt from Section California r is En it nme t l
Quality Act, pursuant to CEQA Guidelines, Se
Development Projects).
F. The Commission has appropriated sufficient funding in its Low and
Moderate Income Housing Fund to purchase the two parcels for affordable housing
development purposes.
1
palbldg
12/20/2002
Agreements
NOW, THEREFORE, THE CITY AND THE COMMISSION HEREBY AGREE AS
FOLLOWS:
1.
Agreement to Sell and Purchase.
The City agrees to sell to the Commission, and the Commission agrees to
purchase from the City, the Property, upon the terms and for the consideration set
forth in this Agreement.
2. Purchase Price.
The Purchase Price for the Property shall be the amount of ONE
MILLION THREE HUNDRED THIRTY -FIVE THOUSAND DOLLARS ($1,335,000).
The Purchase Price shall be paid in cash at the time of delivery to the Commission of a
grant deed conveying the Property to the Commission. The Commission shall pay all
transaction and closing costs related to the property purchase. The purchase price of
$1,335,000 was determined an 002.epThe Comm iss on authorized this appraisal at
Croker, NMI, SRA on September
the regularly scheduled July 23, 2002 meeting.
3. Conveyance of Title and Delivery of Possession.
The City and the Commission shall open an escrow with a title company
acceptable to both parties. All transaction and closing fees shall be the responsibility of
the Commission. The proposed use of the property is consistent with the General Plan.
A formal determination by the City of Rohnert Park Planning Commission ppursuant to
Government Code Section 65402 will be required prior to conveyance ofotitle. The
Property shall be conveyed and possession delivered by the City to the
upon delivery by the City to the Commission of a grant deed to the Property in
accordance with the conditions set forth in Section 5 of this Agreement.
Upon conveyance, the Commission shall file the grant deed for
recordation among the land records in the Office of the County Recorder for Sonoma
County.
4. Condition of Title to the Property.
The City shall convey by ggrant deed to the Commission fee simple title to
the Property. Title shall be free and clear of leases and except as liens,
pproved by
encum-
brances, covenants, assessments, easem ents
the Commission in writing.
5. Occupancy of the Property by City or Others.
The Property shall be conveyed to the Commission free and clear of any
possession or right of possession by the City or any other person.
6. Permission to Enter the Pro perty•
2 12/18/2002
Prior to the conveyance of title, the City grants to the Commission, its
authorized officials, agents, employees, contractors and contractors' employees the
right of access to the Property at all reasonable times for the purpose of inspecting the
Property, obtaining data and making surveys and tests. All such work performed on
the -Property by the Commission shall be at the sole expense of the Commission. The
Commission shall hold the City harmless from any injury or damages arising out of
any activity pursuant to this Section 6.
7. Notices and Communications Between the Parties.
Formal notices, demands and communications between the Commission
and the City shall be sufficiently given if dispatched by re istered or certified mail,
postage prepaid, return receipt requested, to the addresses o the Commission and the
City set forth below:
Commission: Community Development Commission
Of the City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
Attn: Executive Director
City: City of Rohnert Park
6750 Commerce Blvd.
Rohnert Park, CA 94928
Attn: City Manager
Written notices, demands and communications may be sent in the same manner to
such other addresses as either party may from time -to -time designate.
8. Entire Agreement.
This Agreement constitutes the entire understanding and agreement of
the parties relating to the acquisition of the Property and payment of the Purchase
Price for the Property. It integrates all the terms and conditions mentioned herein or
incidental thereto and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof. This Agreement is
executed in two (2) duplicate counterparts, each of which is deemed to be an original.
9. Termination of Agreement.
This Agreement and the obligations of the parties hereunder shall
terminate upon full payment by the Commission to the City of the Purchase Price for
the Property, and upon delivery by the City to the Commission of a grant deed for the
Property.
The effective date of this Agreement shall be the date when this
Agreement has been signed by both parties.
3 12/18/2002
COMMISSION:
COMMUNITY I
CITY OF ROM
By:
ATTEST:
By
ep�
-AND-
CITY:
TELOPMENT COMMISSION
T PARK
five rector Joseph D. Netter
CITY OF HNERT PARK
Per City Resolution No. 2002 -277 By: ity Manager Joseph D. Netter
adopted by the City Council at its
meeting of December 19, 2002.
ATTEST:
By
jDuty Cit erk Judy Hauff
CITY
4 12/18/2002
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PSR /AcquisAgmt
Exhibit A 1/13/99
Escrow No. 5149211PB DESCRIPTION PAGE
Situated in the State of California, City of Rohnert Park, County of Sonoma, and
described as follows:
PARCEL ONE:
Parcel 2 as shown on the map entitled, ROWMRT PARR PARCEL MAP NO. 107, filed in the
office of the County Recorder of Sonoma County on June 18, 1986 in Book 385 of Maps, at
Pages 17 and 18, Sonoma County Records.
(143- 051 - 063 -000)
PARCEL TWO:
Parcel 3 as shown on the map entitled, ROHNERT PARR PARCEL MAP NO. 107, filed in the
office of the County Recorder of Sonoma County on June 18, 1986 in Book 385 of Maps, at
Pages 17 and 18, Sonoma County Records.
(143- 051 -064 -000)
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