HomeMy WebLinkAbout2014 CON PA County of San Diego - Option to Purchase - Sweetwater Road and Bonita Center Road - Amendment #7SEVENTH AMENDMENT TO
OPTION TO PURCHASE AGREEMENT
This Seventh Amendment to Option to Purchase Agreement (Seventh Amendment) is
made as of 3 , 201 Li , 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 close 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.
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 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.
13. Optionee was unable to meet the December 31, 2013 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 Seventh 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, 2014.
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, 2014, 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.]
2
effect.
4. All other terms and conditions of the Option Agreement remain in full force and
IN WITNESS WHEREOF, the parties hereto have executed this Seventh 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:
APRIL F. HE 1 ZE, ` �;9.,
Director of General Services
3
By:
By:
LESLTE DEESE, Secretary
Parking Authority of the City
of National City
Approved as to form and legality
City orney
t dva l I ;►. I
CIT Al7
City Attorney
VA,
Approved as to form and legality
County Counsel
By: 16tterA *k)/
Signature
Name: Krt cat},C(1C,lj
Title: CUc�rt_' ,
RESOLUTION NO. 2014 — 2
RESOLUTION OF THE PARKING AUTHORITY
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CHAIRMAN TO EXECUTE THE SEVENTH AMENDMENT
TO THE OPTION TO PURCHASE AGREEMENT WITH
THE COUNTY OF SAN DIEGO FOR THE PURCHASE OF
AN OPEN -SPACE EASEMENT ON A 15.08 ACRE PARCEL OF LAND
AT THE SOUTHWEST CORNER OF SWEETWATER ROAD AND
BONITA CENTER ROAD THAT EXTENDS THE TERM OF THE OPTION
FOR ONE YEAR AND PAYS THE COUNTY OF SAN DIEGO
$1.00 AS CONSIDERATION FOR THE EXTENSION
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, the Option Agreement has been subsequently amended in 2008,
2009, 2010, 2011, 2012, and 2013, each extending the term of the Option Agreement for one
year; and
WHEREAS, the Seventh Amendment to the Option Agreement extends the term
of the Option Agreement for one year, to December 31, 2014, 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 Seventh 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 term of the Option Agreement for one year, to December
31, 2014, and in consideration for the amendment, the Parking Authority agrees to pay $1.00 to
the County of San Diego. The Seventh Amendment in of file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of November, 2014.
ATTEST:
Leslie Deese, Secretary
orrison, Chairman
• "P'OVED A: 0 •RM:
1
IWit..
•TY. is Gacitua ` 'Iva
Legal Counsel
Passed and adopted by the Parking Authority of the City of National City, California, on
November 18, 2014 by the following vote, to -wit:
Ayes: Boardmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
By:
Chairman, Parking Authority
LESLIE DEESE
Secretary, Parking Authority
Deputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-2 of the Parking Authority of the City of National City,
California, passed and adopted on November 18, 2014.
Secretary, Parking Authority
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
PARKING AUTHORITY AGENDA STATEMENT
MEETING DATE:
November 18, 2014
AGENDA ITEM NO. 1
ITEM TITLE:
Resolution of the Parking Authority of the City of National City authorizing the Chairman to execute the
Seventh Amendment to the Option to Purchase Agreement with the County of San Diego for the
purchase of an Open -Space Easement on a 15.08 acre parcel of land at the southwest corner of
Sweetwater Road and Bonita Center Road that extends the term of said Option for one year and pays
the County of San Diego $1.00 as consideration for the extension.
PREPARED BY: Jocker Alejandro DEPARTMENT:
Property Agent Housing, Grants, & Asset
nagfnent
APPROVED
PHONE: 619 336-4266
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. The Option Agreement has
been amended in 2008, 2009, 2010, 2011, 2012, and 2013, each extending the Option Agreement for
another year. The Seventh Amendment to the Option to Purchase Agreement extends the term of the
Option Agreement to December 31, 2014.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adoption of the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Attachment No.1: Seventh Amendment to the Option to Purchase Agreement
p,p.
rd 0 \'-\ • rd
Attachment 1
SEVENTH AMENDMENT TO
OPTION TO PURCHASE AGREEMENT
This Seventh Amendment to Option to Purchase Agreement (Seventh 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 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 close 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.
1
Attachment 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 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.
13. Optionee was unable to meet the December 31, 2013 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 Seventh 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, 2014.
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, 2014, 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.]
2
Attachment 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 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.
13. Optionee was unable to meet the December 31, 2013 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 Seventh 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, 2014.
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, 2014, 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.]
2
Attachment 1
effect.
4. All other terms and conditions of the Option Agreement remain in full force and
IN WITNESS WHEREOF, the parties hereto have executed this Seventh Amendment
effective as of the date first written above.
OPTIONEE:
By: By:
RON MORRISON, Chairman LESLIE DEESE, Secretary
Parking Authority of the City of Parking Authority of the City
National City of National City
Approved as to fonn and legality
City Attorney
By:
CLAUDIA GACITUA SILVA,
City Attorney
COUNTY OF SAN DIEGO: Approved as to form and legality
County Counsel
By:
By:
APRIL F. HEINZE, P.E., Signature
Director of General Services
Name:
Title:
3
RESOLUTION NO. 2014 — 2
RESOLUTION OF THE PARKING AUTHORITY
OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CHAIRMAN TO EXECUTE THE SEVENTH AMENDMENT
TO THE OPTION TO PURCHASE AGREEMENT WITH
THE COUNTY OF SAN DIEGO FOR THE PURCHASE OF
AN OPEN -SPACE EASEMENT ON A 15.08 ACRE PARCEL OF LAND
AT THE SOUTHWEST CORNER OF SWEETWATER ROAD AND
BONITA CENTER ROAD THAT EXTENDS THE TERM OF SAID OPTION
FOR ONE YEAR AND PAYS THE COUNTY OF SAN DIEGO
$1.00 AS CONSIDERATION FOR THE EXTENSION
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, the Option Agreement has been subsequently amended in 2008,
2009, 2010, 2011, 2012, and 2013, each extending the term of the Option Agreement for one
year; and
WHEREAS, the Seventh Amendment to the Option Agreement extends the term
of the Option Agreement for one year, to December 31, 2014, 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 Seventh 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 term of the Option Agreement for one year, to December
31, 2014, and in consideration for the amendment, the Parking Authority agrees to pay $1.00 to
the County of San Diego. The Seventh Amendment in of file in the office of the City Clerk.
PASSED and ADOPTED this 18th day of November, 2014.
Ron Morrison, Chairman
ATTEST: APPROVED AS TO FORM:
Leslie Deese, Secretary Claudia Gacitua Silva
Legal Counsel