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HomeMy WebLinkAboutCC RESO 2018-150RESOLUTION NO. 2018 — 150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RATIFICATION OF AND FIRST AMENDMENT TO THE REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS PERTAINING TO THE SALE OF THE PROPERTY LOCATED AT 130 EAST 8TH STREET IN NATIONAL CITY TO PROTEA NATIONAL CITY, LLC, ADDING EXHIBIT "B-1" AND EXTENDING THE CLOSE OF ESCROW FOR 6 MONTHS, EXPIRING MARCH 1, 2019; AND AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE UP TO TWO ADDITIONAL AMENDMENTS, EACH EXTENDING THE TERM OF THE AGREEMENT BY 90-DAYS WHEREAS, the City owns and desires to sale certain real property located at 130 East 8th Street in National City (the "Property") to Protea National City, LLC, ("Protea") who was selected through the RFP process; and WHEREAS, the City and the Protea entered into an Exclusive Negotiating Agreement on June 20, 2017, and on January 16, 2018, the City entered into a Purchase and Sales Agreement (the "Agreement") with the Protea to purchase the Property for the appraised value of $520,000; and WHEREAS, the close of escrow in the Purchase and Sales Agreement is September 1, 2018, however, Portea needs more time to obtain building permit approvals, which is a condition to close escrow; and' WHEREAS, Exhibit "B-1" is added to the Agreement because modifications to the design were necessary to maintain financial viability of the Project due to changes in market conditions that increased construction costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute the Ratification of and First Amendment to the real property Purchase and Sale Agreement and Joint Escrow Instructions for the sale of property located at 130 East 8th Street in National City to Protea National City, LLC, extending the close of escrow for 6 months, expiring March 1, 2019, and adding Exhibit "B- 1" which shall be read together with Exhibit "B" of the Agreement to form one Exhibit, and where they conflict, Exhibit "B-1" shall prevail over Exhibit "B". BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to approve and execute up to two additional amendments, each extending the term of the Agreement by 90-days. [Signature Page to Follow] Resolution No. 2018 — 150 Page Two PASSED and ADOPTED this 4th day of Sept er, 2018. on Morrison, Mayor ATTEST: frl Michael R. ��.Ilasy Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Passed and adopted by the Council of the City of National City, California, on September 4, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON By: CAL Mayor of the City of National City, California City Clerk of the City of National City, California fACZ, I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-150 of the City of National City, California, passed and adopted by the Council of said City on September 4, 2018. City Clerk of the City of National City, California By: Deputy