HomeMy WebLinkAbout2013 CON PA County of San Diego - Option to Purchase - Sweetwater and Bonita Center Road - Amendment #6SIXTH AMENDMENT TO
OPTION TO PURCHASE AGREEMENT
of /This Sixt Amend pent to Option to Purchase Agreement (Sixth Amendment) is made as
O f , 2013, by and between the COUNTY OF SAN DIEGO, a
political subdivision 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
1. 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.
2. In 1978, Optionee conveyed to County an easement for open space and park
purposes over this 15.08-acre parcel (the Easement).
3. Optionee wishes to purchase the Easement from County.
4. 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.
5. 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.
6. Optionee was unable to meet the 90-day deadline for closing escrow and requested
that the date for dose of escrow be extended to December 31, 2008.
7. On July 2, 2008, the parties executed the First Amendment, which extended the
deadline for close of escrow and the term of the Option Agreement to December 31, 2008.
8. Optionee was unable to meet the December 31, 2008 deadline. Therefore, on
October
14, 2008, the parties executed the Second Amendment, which extended the deadline for close of
escrow and the term of the Option Agreement to December 31, 2009.
9. Optionee was unable to meet the December 31, 2009 deadline and requested that the
deadline for close of escrow and the term of the Option Agreement be extended for an additional
year. Therefore, the parties executed the Third Amendment, which extended the deadline for
close of escrow and the term of the Option Agreement to December 31, 2010.
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10. 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.
11. Optionee was unable to meet the December 31, 2011 deadline and requested that the
deadline for close of escrow and the term of the Option Agreement be extended for an additional
year.
12. Optionee was unable to meet the December 31, 2012 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 Sixth 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 shall be from the Effective Date through
December 31, 2013.
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, 2013, 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 Office of the County Recorder of the County of San Diego.
[Remainder of this page left blank intentionally.]
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4. All other terms and conditions of the Option Agreement remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment
effective as of the date first written above.
OPTIONEE:
By:
RON MORRISON, Chairman
Parking Authority of the City of
National City
COUNTY OF SAN DIEGO:
By:,6".z-z"'-
APRIL F. HEINZE, P Fes,Director
Department of General Services
3
Appr
City
By:
LESLIE DEESE, Secretary
as to form and legality
ine
ILk.
�
. e'�aG
City Attor
il'tua Silva
Approved as to form and legality
County Counsel
Senior Deputy County Counsel
R7600ewli PkgAuthority-NatlCily_SixlhAmendmenl-OPA 2013
CITY OF NATIONAL CITY, CALIFORNIA
PARKING AUTHORITY AGENDA STATEMENT
MEETING DATE: October 15, 2013
AGENDA ITEM NO, 2
ITEM TITLE:
Resolution of the Parking Authority of the City of National City authorizing the Chairman to execute the
Sixth Amendment to the Option to Purchase Agreement with the County of San Diego for the
purchase of an Open -Space Easement to extend the term for one year, and pay the County of San
Diego $1.00 as consideration for the Amendment.
PREPARED BY: Carlos Aguirre
PHONE: ',(619) 336-4391
Housing, Grant sset
DEPARTMENT: Management
APPROVED BY:
EXPLANATION:
The Parking Authority entered into an Option to Purchase Agreement ("Option Agreement") with the
County of San Diego on March 20, 2007 that provided the Parking Authority the option to purchase the
current Open -Space Easement attached to a 15.08-acre parcel of land at the southwest corner of
Sweetwater Road and Bonita Center Road to develop a commercial project. On December 13, 2007,
the Parking Authority exercised the option to purchase the Easement and opened an escrow account on
March 12, 2008 pursuant to the terms of the Option Agreement. The Option Agreement was
subsequently amended in 2008, 2009, 2010, 2011, and 2012, each extending the deadline to close
escrow and the term of the Option Agreement. The Sixth Amendment to the Option to Purchase
Agreement extends the close of escrow and term of the Option Agreement to December 31, 2013.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
Not Applicable
ENVIRONMENTAL REVIEW:
Not Applicable.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adoption of the Resolution
BOARD / COMMISSION RECOMMENDATION:
Not Applicable
ATTACHMENTS:
Attachment No. 1 Sixth Amendment to Option to Purchase Agreement',
Attachment No. 1
SIXTH AMENDMENT TO
OPTION TO PURCHASE AGREEMENT
This Sixth Amendment to Option to Purchase Agreement (Sixth Amendment) is made as
of , 201_ by and between the COUNTY OF SAN DIEGO, a political
subdivision 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
1. Optionee owns a 15.08-acre parcel of land at the southwest comer of Sweetwater
Road and Bonita Center Road in National City, California identified as County Assessor's Parcel
Number 564-471-11.
2. In 1978, Optionee conveyed to County an easement for open space and park
purposes over this 15.08-acre parcel (the Easement).
3. Optionee wishes to purchase the Easement from County.
4. 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.
5. 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.
6. Optionee was unable to meet the 90-day deadline for closing escrow and requested
that the date for dose of escrow be extended to December 31, 2008.
7. On July 2, 2008, the parties executed the First Amendment, which extended the
deadline for close of escrow and the term of the Option Agreement to December 31, 2008.
8. Optionee was unable to meet the December 31, 2008 deadline. Therefore, on
October
14, 2008, the parties executed the Second Amendment, which extended the deadline for close of
escrow and the term of the Option Agreement to December 31, 2009.
9. Optionee was unable to meet the December 31, 2009 deadline and requested that the
deadline for close of escrow and the term of the Option Agreement be extended for an additional
year. Therefore, the parties executed the Third Amendment, which extended the deadline for
close of escrow and the term of the Option Agreement to December 31, 2010.
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Attachment No. 1
10. 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.
11. Optionee was unable to meet the December 31, 2011 deadline and requested that the
deadline for close of escrow and the term of the Option Agreement he extended for an additional
year.
12. Optionee was unable to meet the December 31, 2012 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 Sixth 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 shall be from the Effective Date through
December 31, 2013.
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, 2013, 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 Office of the County Recorder of the County of San Diego.
[Remainder of this page left blank intentionally.]
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Attachment No. 1
4. All other terms and conditions of the Option Agreement remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment
effective as of the date first written above.
OPTIONEE:
By: By:
RON MORRISON, Chairman
Parking Authority of the City of
National City
LESLIE DEESE, Secretary
Approved as to form and legality
City Attorney
By:
Claudia Gacitua Silva,
Senior Assistant City Attorney
COUNTY OF SAN DIEGO: Approved as to form and legality
County Counsel
By: By:
APRIL F. HEINZE, P.E., Director Mark Mead
Department of General Services Senior Deputy County Counsel
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R7600cwh_P kgAuthority-NatlC ity_S ixthAmendment-OPA_2013
RESOLUTION NO. 2013 — 2
RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE THE SIXTH AMENDMENT
TO THE OPTION TO PURCHASE AGREEMENT WITH THE COUNTY OF
SAN DIEGO FOR THE PURCHASE OF AN OPEN -SPACE EASEMENT ATTACHED
TO A 15.08-ACRE PARCEL TO EXTEND THE TERM FOR ONE YEAR, AND
PAY THE COUNTY OF SAN DIEGO $1.00 AS CONSIDERATION FOR THE AMENDMENT
WHEREAS, on March 20, 2007, the Parking Authority of the City of National City
("Parking Authority") entered into an Option to Purchase Agreement ("Option Agreement") with
the County of San Diego to purchase an open -space easement attached to the 15.08-acre
parcel of land located at the southwest corner of Sweetwater Road and Bonita Center Road
(Parcel No. 564-471-11) to develop a commercial project; and
WHEREAS; on December 13, 2007, the Parking Authority exercised to option to
purchase the easement and opened an escrow account on March 12, 2008, pursuant to the
terms of the Option Agreement; and
WHEREAS, the Option Agreement was subsequently amended in 2008, 2009,
2010, 2011, and 2012, each extending the deadline to close escrow and the term of the Option
Agreement for one year; and
WHEREAS, the Sixth Amendment to the Option Agreement extends the close of
escrow and term of the Option Agreement for one year, to December 31, 2013, and in
consideration for the amendment, the Parking Authority agrees to pay $1.00 to the County of
San Diego.
NOW, THEREFORE, BE IT RESOLVED that the Parking Authority of the City of
National City hereby authorizes the Chairman to execute the Sixth Amendment to the Option to
Purchase Agreement by and between the Parking Authority of the City of National City and the
County of San Diego to extend the close of escrow and term of the Option Agreement for one
year, to December 31, 2013, and in consideration for the amendment, the Parking Authority
agrees to pay $1.00 to the County of San Diego.
ATTEST:
PASSED and ADOPTED this 15th day of October, 2013.
Leslie Deese, Secretary
on Morrison, Chairman
0 ED AS TO FORM:
tua Silva
Passed and adopted by the Parking Authority of the City of National City, California, on
October 15, 2013 by the following vote, to -wit:
Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Parking Authority
LESLIE DEESE
Secretary, Parking Authority
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-2 of the Parking Authority of the City of National City,
California, passed and adopted on October 15, 2013.
Secretary, Parkins Auto Parking Authori y
By:
Deputy
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
October 28, 2013
Mr. Carl Harry
County of San Diego
Real Estate Services Division
5560 Overland Avenue, Suite 410
San Diego, CA 92123
Dear Mr. Harry,
On October 15t, 2013, Resolution No. 2013-2 was passed and adopted by the Parking
Authority of the City of National City, authorizing execution of Amendment #6 to Option
to Purchase Agreement with the County of San Diego.
We are forwarding a certified copy of the above Resolution and two partially executed
original Amendments. Please return a fully executed original Amendment to us for
our files.
Michael R. Dalla, CMC
City Clerk
Enclosures