HomeMy WebLinkAboutStaff ReportMayor
Ron Morrison
Council Members
Alejandra Sotelo-Solis
Louis Natividad
Mona Rios
Rosalie Zarate
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Office of the City Attorney
City Attorney
Claudia Gacitua Silva
Legal Counsel
George H. Eiser, III
Senior Assistant City Attorney
Jodi L. Doucette
TO: Mayor and City Council DATE: January 24, 2011
FROM: George H. Eiser, III, Legal Counsel
SUBJECT: Agreement for Exchange of City -Owned Property at 522 West 8th Street for
Property Owned by Iiles Family Trust at 2020 Hoover Avenue; Fourth
Amendment to Agreement
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 Illes-
owned property at 2020 Hoover Avenue. Section 6.1.2 of that Agreement provides that either
party to the Agreement 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. 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.
A soils investigation study will be performed on the property at 522 West 8th Street by
Geosyntec Consultants, the City's environmental consultant, pursuant to Geosyntec's proposal
dated January 21, 2011. In order to provide sufficient time for the parties to review the soils
investigation report, is was necessary to again extend the Contingency Period beyond its January
24 expiration date. The City Manager has signed a Fourth Amendment to the Agreement,
extending the Contingency Period to 5:00 p.m. of the third day following the parties' receipt of
the Gcosyntec report; it is expected that the report will be completed in approximately two
weeks. It is now appropriate for the City Council to ratify the Fourth Amendment to Agreement.
.41,24_11t.
EORGE H. EISER III
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Legal Counsel
GHE/gmo
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327