HomeMy WebLinkAbout2011 CON Richard Illes - Amendment #4 522 West 8th St / 2020 Hoover AveNOTE TO FILE
03-13-12
IN THE MATTER OF: Resolution of the City Council ratifying a
Fourth Amendment to Agreement for exchange of real property
and joint escrow instructions (522 West 8th Street and 2020
Hoover Avenue). Please note the following:
A FULLY EXECUTED ORIGINAL AMENDMENT WAS
NEVER 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
The attached amendment is a copy of the A-200 attachment
NTF
Acceptance by Escrow Holder:
Steward Title Company hereby acknowledges that it has received a fully executed
original or original executed counterparts of the foregoing Agreement for Exchange of
Real Property and Joint Escrow Instructions, and agrees to act as Escrow Holder
thereunder and to be bound by and strictly perform the terms thereof as such terms apply
to Escrow Holder.
Dated:
, 2011. Stewart Title Company
a California corporation
By:
Its Authorized Agent
Name:
Title:
Between the City of National City
3
and Richard Illes of Real Property and Joint Escrow Instructions
4th Amendment to Agreement for Exchange
FOURTH AMENDMENT TO
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
TO: Stewart Title Company Escrow No.: 288553
7675 Mission Valley Road Escrow Officer: Rhonda Bernardini
San Diego, CA 92108-4429 Title Order No.:
(619) 692-1600 Title Officer: Frank Green
("Escrow Holder")
THIS FOURTH AMENDMENT TO AGREEMENT FOR EXCHANGE OF
REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made
and entered into as of this 24th day of January, 2011, by and between the CITY OF
NATIONAL CITY, a municipal corporation, ("City"), and ILLES FAMILY TRUST
("Illes"). The City and lies are sometimes hereinafter referred to collectively as the
"Parties".
RECITALS
A. On or about September 23, 2010, the Parties entered into an Agreement
whereby they agreed to the exchange of the City Property at 522 West 8th Street, National
City, for the Illes Property at 2020 Hoover Avenue, National City.
B. Section 6.1.2 of the Agreement provides that the Grantee Party shall have
forty-five (45) days after the Effective Date (the "Contingency Period") to review and
approve or disapprove, inter alia, soils and environmental reports pertaining to the
Grantor Party's Real Property.
C. On or about November 9, 2010, the Parties amended the Agreement to
extend the Contingency Period by forty-five (45) days, for a total on ninety days.
D. On or about December 23, 2010, the Parties amended the Agreement to
extend the Contingency Period by an additional twenty-two (22) days, for a total of one
hundred twelve (112) days.
E. On or about January 11, 2011, the Parties amended the Agreement to
extend the Contingency Period by an additional ten (10) days, for a total of one hundred
twenty-two (122) days.
F. To facilitate completion of the exchange transaction, Geosyntec
Consultants ("Geosyntec") has prepared a proposal dated January 21, 2011 for a soils
investigation study of the City Property located at 522 West 8th Street, pursuant to which
Geosyntec will conduct such study and prepare a report.
G. It is necessary, in order to allow the Parties to review and approve the soils
investigation report prepared by Geosyntec, to further extend the Contingency Period
until 5:00 p.m. on the third day following the receipt of said report by the Parties.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained and for other good and valuable consideration, the Parties agree that
Section 6.1.2 of the Agreement for Exchange of Real Property and Joint Escrow
Instructions dated September 23, 2010, is amended to read as follows:
6.1.2. Review and Approval of Documents and
Materials. The Grantor Party shall deliver to the Grantee Party within ten
(10) days after the Effective Date the documents and materials set forth
below which pertain to the Grantor Party's Real Property that are in the
Grantor Party's possession or control or are reasonably available to the
Grantor Party, and to the extent that the Grantor Party has actual
knowledge thereof at no expense to the Grantor Party ("Documents and
Materials"). From the Effective Date until 5 p.m. on the third day
following the receipt by the Parties of the soils investigation report for 522
West 8th Street prepared by Geosyntec Consultants, pursuant to
Geosyntec's proposal dated January 21, 2011, the Grantee Party shall have
the right to review and approve or disapprove, in its sole discretion, any or
all of the Documents and Materials; provided, however, the Contingency
Period and Closing Date shall be extended by one (1) day for every day
that the Grantor Party is late in delivering any of the Documents and
Materials or any of the Title Documents beyond the date that the Grantor
Party is required hereunder to deliver the same to the Grantee Party.
With the foregoing exception, each and every provision of the Agreement for
Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, shall
remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to
Agreement as of the day and year first written above.
ILLES FAMILY TRUST CITY OF NATIONAL CITY
By: By:
Richard files, Trustee Chris Zapa "y Manager
By:
Beverly Ann Illes, Co -Trustee
Between the City of National City 2 4th Amendment to Agreement for Exchange
and Richard-Elles of Real Property and Joint Escrow Instructions
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
rJ0\u
"7ETING DATE: February 1, 2011 AGENDA ITEM NO. 11
ITEM TITLE:
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 8'h Street and 2020 Hoover Avenue)
PREPARED BY: George H. Eiser, IIIP4 DEPARTMENT: City Attorney
PHONE: Ext. 4221
EXPLANATION:
APPROVED BY:
Please see attached memorandum.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt proposed resolution.
BOARD I COMMISSION RECOMMENDATION:
N/A
TTACHMENTS:
Memorandum
Proposed resolution
Fourth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions
RESOLUTION 2011 —
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 8TH 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 Illes-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, 2011.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia G. Silva
City Attorney
G. It is necessary, in order to allow the Parties to review and approve the soils
investigation report prepared by Geosyntec, to further extend the Contingency Period
until 5:00 p.m. on the third day following the receipt of said report by the Parties.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained and for other good and valuable consideration, the Parties agree that
Section 6.1.2 of the Agreement for Exchange of Real Property and Joint Escrow
Instructions dated September 23, 2010, is amended to read as follows:
6.1.2. Review and Approval of Documents and
Materials. The Grantor Party shall deliver to the Grantee Party within ten
(10) days after the Effective Date the documents and materials set forth
below which pertain to the Grantor Party's Real Property that are in the
Grantor Party's possession or control or are reasonably available to the
Grantor Party, and to the extent that the Grantor Party has actual
knowledge thereof at no expense to the Grantor Party ("Documents and
Materials"). From the Effective Date until 5 p.m. on the third day
following the receipt by the Parties of the soils investigation report for 522
West 8th Street prepared by Geosyntec Consultants, pursuant to
Geosyntec's proposal dated January 21, 2011, the Grantee Party shall have
the right to review and approve or disapprove, in its sole discretion, any or
all of the Documents and Materials; provided, however, the Contingency
Period and Closing Date shall be extended by one (1) day for every day
that the Grantor Party is late in delivering any of the Documents and
Materials or any of the Title Documents beyond the date that the Grantor
Party is required hereunder to deliver the same to the Grantee Party.
With the foregoing exception, each and every provision of the Agreement for
Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, shall
remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to
Agreement as of the day and year first written above.
ILLES FAMILY TRUST CITY OF NATIONAL CITY
By: By:
Richard Illes, Trustee Chris Zapafia,..O•'y Manager
By:
Beverly Ann Illes, Co -Trustee
Between the City of National City
2
and Richard I -lies of Real Property and Joint Escrow Instructions
4th Amendment to Agreement for Exchange
Acceptance by Escrow Holder:
Steward Title Company hereby acknowledges that it has received a fully executed
original or original executed counterparts of the foregoing Agreement for Exchange of
Real Property and Joint Escrow Instructions, and agrees to act as Escrow Holder
thereunder and to be bound by and strictly perform the terms thereof as such terms apply
to Escrow Holder.
Dated: ,2011. Stewart Title Company
a California corporation
By:
Its Authorized Agent
Name:
Title:
Between the City of National City 3 4th Amendment to Agreement for Exchange
and Richard Illes of Real Property and Joint Escrow Instructions
Mayor
Ron Morrison
Council Members
Alejandra Sotelo-Solis
Louis Natividad
Mona Rios
Rosalie Zarate
Office of the City Attorney
City Attorney
Claudia Gacitua Silva
Legal Counsel
George H. Eiser, Ill
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 Illes Family Trust at 2020 Hoover Avenue; Fourth
Amendment to Agreement
On September 23, 2010, the City and the Illes Family Trust ("Iiles") 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 Geosyntec 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.
� J
GEORGE . EISER, III
Legal Counsel
GHE/gmo
-IAI~- �Irc
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
FOURTH AMENDMENT TO
AGREEMENT FOR EXCHANGE OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
TO: Stewart Title Company
7675 Mission Valley Road
San Diego, CA 92108-4429
(619) 692-1600
("Escrow Holder")
Escrow No.:
Escrow Officer:
Title Order No.:
Title Officer:
288553
Rhonda Bernardini
Frank Green
THIS FOURTH AMENDMENT TO AGREEMENT FOR EXCHANGE OF
REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made
and entered into as of this 24th day of January, 2011, by and between the CITY OF
NATIONAL CITY, a municipal corporation, ("City"), and ILLES FAMILY TRUST
("flies"). The City and Illes are sometimes hereinafter referred to collectively as the
"Parties".
RECITALS
A. On or about September 23, 2010, the Parties entered into an Agreement
whereby they agreed to the exchange of the City Property at 522 West 8th Street, National
City, for the lies Property at 2020 Hoover Avenue, National City.
B. Section 6.1.2 of the Agreement provides that the Grantee Party shall have
forty-five (45) days after the Effective Date (the "Contingency Period") to review and
approve or disapprove, inter alia, soils and environmental reports pertaining to the
Grantor Party's Real Property.
C. On or about November 9, 2010, the Parties amended the Agreement to
extend the Contingency Period by forty-five (45) days, for a total on ninety days.
D. On or about December 23, 2010, the Parties amended the Agreement to
extend the Contingency Period by an additional twenty-two (22) days, for a total of one
hundred twelve (112) days.
E. On or about January 11, 2011, the Parties amended the Agreement to
extend the Contingency Period by an additional ten (10) days, for a total of one hundred
twenty-two (122) days.
F. To facilitate completion of the exchange transaction, Geosyntec
Consultants ("Geosyntec") has prepared a proposal dated January 21, 2011 for a soils
investigation study of the City Property located at 522 West 8th Street, pursuant to which
Geosyntec will conduct such study and prepare a report.
RESOLUTION 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 8TH STREET AND 2020 HOOVER AVENUE)
WHEREAS, on September 23, 2010, the City and the IIIes Family Trust ("IIIes")
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 IIIes-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:
'`,/-xj-41/4
Michael R. Dail , City Clerk
C . udia 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 oNational 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