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Home My WebLink About2011 CON PA County of San Diego - Option to Purchase - Sweetwater and Bonita Center Road - Amendment #4NOTE TO FILE 03-13-12 IN THE MATTER OF: Fourth Amendment to Option Agreement by and between the County of San Diego and the Parking Authority of the City of National City. Please note the following: FULLY EXECUTED COPY ONLY WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC _ Housing & Grants X City Attorney _ Human Resources City Manager _ MIS Community Svcs. _ Planning Engineering Police Finance Public Works Fire NTF FOURTH AMENDMENT TO OPTION TO PURCHASE AGREEMENT This Fourth Amendment to Option to Purchase Agreement ("Fourth Amendment") is made as of , 2011 by and between the COUNTY OF SAN DIEGO, a poli cal subdivi. >n of the State of California ("County") and the PARKING AUTHORITY OF THE CITY OF NATIONAL CITY, a public body corporate and politic created pursuant to the Parking Law of 1949 ("Optionee") with reference to the following facts: RECITALS A. Optionee owns a 15.08-acre parcel of land at the southwest corner of Sweetwater Road and Bonita Center Road in National City, California, identified as County Assessor's Parcel Number 564-471-11. B. In 1978, Optionee conveyed to County an easement for open space and park purposes over this 15.08-acre parcel (the Easement). C. Optionee wishes to purchase the Easement from County. D. On April 3, 2007, County and Optionee entered into an Option to Purchase Agreement ("Option Agreement") setting forth the terms of an option whereby Optionee could purchase the Easement from County. E. On December 13, 2007, Optionee exercised its option to purchase the Easement, and on March 12, 2008, Optionee and County opened escrow pursuant to the terms of the Option Agreement. F. Optionee was unable to meet the 90-day deadline for closing escrow, and requested that the date for close of escrow be extended to December 31, 2008. G. On July 2, 2008, the parties executed the First Amendment to Option Agreement which extended the deadline for close of escrow and the term of the Option Agreement to December 31, 2008. H. Optionee was unable to meet the December 31, 2008 deadline. Therefore, on October 14, 2008, the parties executed the Second Amendment to Option Agreement which extended the deadline for close of escrow and the term of the Option Agreement to December 31, 2009. I. Optionee was unable to meet the December 31, 2009 deadline and requested that the deadline for close of escrow and the teiur of the Option Agreement be extended for an additional year, Therefore, the parties executed the Third Amendment to Option Agreement which extended the deadline for close of escrow and the term of the Option Agreement to December 31, 2010. J. Optionee was unable to meet the December 31, 2010 deadline and requested that the deadline for close of escrow and the term of the Option Agreement be extended for an additional year. AGREEMENT Now, therefore, the parties agree as follows: 1. Optionee shall pay County $1.00 as consideration for this Fourth Amendment. The payment shall be made as specified in paragraph 3B of the Option Agreement. 2. Paragraph 2 of the Option Agreement is amended to read as follows: The term ("Term") of this Option Agreement shall be from the Effective Date through December 31, 2011. 3. Paragraph 9C2) of the Option Agreement is amended to read as follows Close of Escrow; Closing Date. Escrow shall close either on or before December 31, 2011, or five business days after Optionee's notice to County and escrow company requesting to close escrow, whichever is sooner, ("Close of Escrow" or "Closing Date'). The terms "Close of Escrow" and/or "Closing Date" shall mean the date the deeds conveying title to the Easement and title to the Walkway Area are recorded in the Once of the County Recorder of the County of San Diego. 4. All other terms and conditions of the Option Agreement dated April 3, 2007, remain in full force and effect. County of San Diego and [Remainder of this page left blank intentionally.] 2 Option to Purchase Agreement National City Parking Authority Fourth Amendment (15.08-Acre Parcel) IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Option Agreement effective as of the date first written above. By: RON MORRISON, Chairman Parking Authority of the City of National City BY: APRIL F. HEINZ P.E., Director of General Services County of San Diego and OPTIONEE: By: CHRIS Z 5 A, Secretary Appy�v�d as to form and legality By: COUNTY OF SAN DIEGO: 3 !AUD.IA ACITUA SIL.V.A City Attorne Approved as to form and legality County Counsel By: 2i*Duty Option to Purchase Agreement National City Parking Authority Fourth Amendment (ISMS -Acre Parcel) Page 1 of 2 Esther Clemente From: Ginny Miller Sent: Wednesday, April 27, 2011 12:26 PM To: Mike Dalla; Esther Clemente Subject: FW: National City Option Agreement Amendment Expires: Friday, April 23, 2021 12:00 AM Here's a scanned Option Agreement for your records. We'll send the original hard -copy when we receive it. Gorey Reeep Executive Assistant to the City Attorney City of National City 1243 National City Blvd National City, CA 91950-4301 Ph: 619/336-4220 Fx: 619/336-4327 The City of National City is open Monday through Thursdays, 7:00 am to 6:00 pm; Offices are closed on Friday This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message immediately, Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. Thank you. From: Claudia Silva Sent: Wednesday, April 27, 2011 12:24 PM To: Ginny Miller Subject: FW: National City Option Agreement Amendment Hi Ginny, Can you please file and get a copy to the City Clerk, too? Thanks, Claudia yacitua Silva City Attorney City of �atfonalCity 1243 National City Boulevard National City, CA 91950 (619) 336-4222 The City of National City is open Monday through Thursdays, 7:00 am to 6.00 pm; Offices are closed on Friday This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message immediately. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. Thank you. 4/27/2011