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HomeMy WebLinkAboutCC RESO 2011-24RESOLUTION 2011 — 24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A FOURTH AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (522 WEST 8111 STREET AND 2020 HOOVER AVENUE) WHEREAS, on September 23, 2010, the City and the Illes Family Trust ("Illes") entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Agreement") whereby the parties agreed to an exchange of the City -owned property at 522 West 8th Street for the IIles-owned property at 2020 Hoover Avenue; and WHEREAS, Section 6.1.2 of the Agreement provides that a party shall have forty-five (45) days after the Agreement is executed (the "Contingency Period") to review and approve or disapprove, among other items, soils and environmental reports pertaining to the other party's property; and WHEREAS, amendments to the Agreement were approved on November 9, 2010, December 23, 2010, and January 11, 2011, resulting in extensions of the Contingency Period through January 24, 2011, to allow additional time for the preparation and review of environmental investigation reports; and WHEREAS, in order to provide sufficient time for the parties to review a soils investigation report being prepared for 522 West 8th Street by the City's consultant, Geosyntec Consultants ("Geosyntec"), pursuant to Geosyntec's proposal dated January 21, 2011, it was necessary for the City Manager to sign a Fourth Amendment to Agreement to extend the Contingency Period beyond January 24, to 5:00 p.m. of the third day following the parties' receipt of Geosyntec's report; and WHEREAS, it is now appropriate for the City Council to ratify the Fourth Amendment to Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Fourth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions to amend Section 6.1.2 of the Agreement to extend the Contingency Period to 5:00 p.m. of the third day following the parties' receipt of Geosyntec Consultants' soils investigation report for 522 West 8th Street, pursuant to Geosyntec's proposal dated January 21, 2011. Said Fourth Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of February 2 11. on Morrison, Mayor ATTEST: PROVED S TO FORM: ichael R. Dail City , Clerk . SiIv City Attorn: y Passed and adopted by the Council of the City of National City, California, on February 1, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /i City Clerk of the City of/National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-24 of the City of National City, California, passed and adopted by the Council of said City on February 1, 2011. City Clerk of the City of National City, California By: Deputy