HomeMy WebLinkAboutSale of Property (RDA) - 20.845 Acres for Affordable Single-Family Housing ProjectREQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
STAFF REPORT
AUTHORIZATION TO SELL 20.845 ACRES TO THE PALM
DESERT REDEVELOPMENT AGENCY
JANET M. MOORE, HOUSING AUTHORITY ADMINISTRATOR
APRIL 28, 2005
1) PURCHASE AND SALE AGREEMENT
2) GRANT DEED
By Minute Motion, that the City Council:
1) Authorize the sale of 20.845 acres to the Agency for the fair market
value price of $1,256,600; and
2) Authorize the Mayor to execute the Purchase and Sale Agreement
and all other necessary documentation to facilitate the sale.
Executive Summarv:
The Agency desires to purchase only 20.845 of the previously approved 22.38 acres from
the City to develop affordable, single-family housing. The engineer, during the finalization
of the parcel map, determined that the difference in acreage was necessary to expand the
Palm Desert Soccer Park and to provide for public streets.
Discussion:
In July 2001, the City authorized the sale of approximately 20.845 acres of land to the
Redevelopment Agency and 12.39 acres of land to Palm Desert Development, all of which
were contained within the City's 40.43-acre site located west of Cook Street between 42nd
Avenue and Merle Drive.
The engineer preparing the parcel map, along with Planning staff, were still in the process
of determining the acreage needed for the expansion of the soccer park and the 42nd
Street extension when the City authorized the sale. Without the map being final, the cost of
the land was difficult to determine because the engineer showed the remaining acreage as
G ARDA\MARiA HUNT\WPDATAWMOORBSTFRPTS%042805SALE20.845ACRES2 DOC
Staff Report
Authorization to Sell 20.845 Acres to Palm Desert Redevelopment Agency
April 28, 2005
Page 2
one parcel that still included the portions that the City was going to retain. The Agency's
intention was to issue a Promissory Note and ultimately repay the Note with 20% housing
set -aside funds. Because Redevelopment Law restricts what the 20% housing set -aside
funds can be used for and a legal description had not been provided by the engineer
detailing only the property the Agency was buying, the Agency was not able to complete
the paperwork to facilitate the purchase and sale.
When the tentative tract map was completed in late 2004, the configuration of the map had
changed since the original authorization to sell and now included public streets and
roadways. Based on the Engineers estimates the parcel the Agency is purchasing is now
only 20.845 acres. The purchase price is based on the original purchase price multiplied
by the averaged annual LAIF (Local Agency Investment Fund) rate from the date of
purchase compounded annually. The Agency is now in a position to pay for the land from
the 20% housing set -aside fund balance and no longer needs to execute a promissory note
for the property. A Purchase and Sale Agreement has been prepared to accommodate
this property transfer.
The Agency desires to develop affordable, single-family housing on the site that is now out
for Request for Proposals. The development of affordable housing on this site will assist
the Agency in meeting its housing production goals as required by the Stipulation and the
Regional Housing Needs Assessment (RHNA).
Submitted by:
�W_X�
Jan t M. oore
Ho ' uthority Administrator
jmm
Approval:
Ju n M;rte
rthy, ACM Redevelopment
Carlos L. ity Manager
G \RDA\MARIA HUNT,WPDATAUMOOREISTFRPTS\042805SALE20.845ACRES2 DOC
Department Head:
Dave Yrig e
Director of edevelopment/Housing
Paul S. Gibson, Director of Finance
Contract No. R23720
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement ("Agreement") is made and entered into
as of April 28, 2005, by and between the PALM DESERT REDEVELOPMENT AGENCY, a
public body, corporate and politic, 73-510 Fred Waring Drive, Palm Desert, California
92260 (hereinafter referred to as the "Buyer"), and the CITY OF PALM DESERT, a
California municipal corporation, 73-510 Fred Waring Drive, Palm Desert, California 92260
(hereinafter referred to as the "Seller"), with respect to the following facts:
RECITALS
A. Seller is the owner of certain real property containing 20.845 acres
("Property") located in the City of Palm Desert, County of Riverside, State of California,
described in Exhibit A attached hereto and incorporated herein by this reference.
B. By this Agreement, Seller is agreeing to sell the Property to Buyer in
accordance with the terms hereof.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Purchase and Sale. Subject to and in accordance with the terms and
conditions hereinafter set forth, on or before May 31, 2005 (the "Closing Date"), Seller
agrees to sell to Buyer, and Buyer agrees to purchase from Seller, fee simple title to the
Property, including all existing documents, drawings, engineering, and reports that is
owned by Seller thereon or used in connection therewith.
2. Purchase Price. The purchase price for the Property to be paid by
Buyer is the sum of $1,256,600. (the "Purchase Price"). The Purchase Price shall be
payable by Buyer in the form of cash on or before the Closing Date.
3. Delivery of Documents on the Closing Date.
(a) As a part of this purchase and sale, Seller covenants and agrees
to cause to be delivered to Buyer a duly executed and acknowledged grant deed conveying
to Buyer all of Seller's interest in the Property free and clear of all liens and encumbrances.
4. Authorization to Record Documents and Disburse Funds. Seller shall
cause the City Clerk to record the Grant Deed. Buyer shall pay the Purchase Price upon
the Closing Date, provided Seller shall have provided the executed Grant Deed and other
necessary and customary documents for recording the same.
G*\RDA\MARIA HUNT\WPDATAUMOOREICITYRDA20.85AC.AGM2.DOC 031003
Contract No. R23720
5. Charges and Prorations.
Real estate and personal property taxes and any other governmental
charges, regular assessments, or impositions against the Property on the basis of the fiscal
year or calendar year for which assessed shall be pro -rated as of the Closing Date, if any.
If the Closing Date shall occur before the tax rate is fixed, the apportionment of taxes on
the Closing Date shall be based on the tax rate for the next preceding year applied to the
latest assessed valuation after the tax rate is fixed, which assessed valuation shall be
based on the Property's assessed value prior to the Closing Date, and Buyer and Seller
shall, when the tax rate is fixed, make any necessary adjustment. All prorations shall be
determined on the basis of a 360-day year.
6. Warranties and Representations of Seller.
Seller hereby represents and warrants to Buyer the following, it being
expressly understood and agreed that all such representations and warranties are to be
true and correct as of the Closing Date, and all of which shall survive the Closing Date:
(a) To the best of Seller's knowledge, no condition on the Property
violates any health, safety, fire, environmental, sewage, building, or other federal, state, or
local law, code, ordinance, or regulation.
(b) The best of Seller's knowledge, Seller is the sole owner of the
Property, free and clear of all liens, claims, and encumbrances. Seller shall not further
encumber the Property or allow the Property to be further encumbered prior to the Closing
Date.
(c) To the best of Seller's knowledge, there is no pending litigation or
threatened litigation, which does or may adversely affect the Property or Seller's ability to
consummate this transaction.
(d) Seller has the full power and authority to enter into this Agreement
and consummate the transaction contemplated hereby. The execution, delivery and
performance of this Agreement has been duly and validly authorized, and no other action
by Seller is requisite to the valid and binding execution, delivery, and performance of this
Agreement by Seller.
7. Representations and Warranties of Buver.
Buyer hereby represents and warrants to Seller the following, it being
expressly understood and agreed that all such representations and warranties are to be
true and correct at the date of this Agreement and as of the Closing Date, all of which shall
survive the Closing Date.
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Contract No. R2372O
(a) Buyer has the full power and authority to enter into this Agreement
and consummate the transaction contemplated hereby. The execution, delivery and
performance of this Agreement has been duly and validly authorized by Buyer, and no
other action by Buyer is requisite to the valid and binding execution, delivery, and
performance of this Agreement by Buyer.
(b) There is no pending litigation or, to the best of Buyer's knowledge,
threatened litigation, which does or will materially adversely affect Buyer's ability to
consummate this transaction.
8. Default. In the event of a breach or default under this Agreement by
either Seller or Buyer, the non -defaulting party shall have the right to terminate this
Agreement by delivering written notice thereof to the defaulting party. Such termination by
a non -defaulting party shall be without prejudice to the non -defaulting party's rights and
remedies against the defaulting party at law or equity.
9. Notices. All notices and demands shall be given in writing by certified
mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall
be considered given upon the earlier of (a) personal delivery or (b) two (2) business days
following deposit in the United States mail, postage prepaid, certified or registered, return
receipt requested. Notices shall be addressed as provided in the addresses set forth in the
preamble for the respective party; provided that if any party gives notice in writing of a
change of name or address, notices to such party shall thereafter be given as demanded in
that notice.
10. Amendments. Any amendments to this Agreement shall be effective
only when duly executed by Seller and Buyer.
11. Counterparts. This Agreement may be executed in counterparts, each
of which, when taken together, shall constitute one original Agreement.
12. Time is of the Essence. The parties hereto agree that time is of the
essence with respect to each term, condition and covenant hereof.
13. Entire Agreement. This Agreement, together with all exhibits hereto,
integrates all of the terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the parties or their
predecessors in interest with respect to all or any part of the subject matter hereof.
14. Severability. Invalidation of any of the terms, conditions, covenants, or
other provisions contained herein by judgment or court order shall in no way affect any of
the other terms, conditions, covenants, or provisions hereof, and the same shall remain in
full force and effect.
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Contract No. R23720
15. No Third Partv Beneficiary Riqhts. This Agreement is entered into for
the sole benefit of Seller and Buyer and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in, under
or to this Agreement.
16. Governinq Law. This Agreement shall be governed by and construed
in accordance with the laws of the State of California.
17. Further Documents. Each party will, wherever and as often as it shall
be requested by the other party, execute, acknowledge, and deliver, or cause to be
executed, acknowledged, and delivered, such further instruments and documents, as may
reasonably be necessary in order to complete the sale, conveyance, and transfer herein
provided and to do any and all other acts and to execute, acknowledge, and deliver any
and all documents as may be requested in order to carry out the intent and purpose of this
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as of the date first above written.
SELLER:
CITY OF PALM DESERT,
a California municipal corporation
Az
Buford A. Crites, Mayor
Attest:
Rachelle D. Klassen, City Clerk
BUYER:
PALM DESERT REDEVELOPMENT
AGENCY, a public body, corporate and
politic
By:
Carlos L. Ortega, Executive Director
Attest:
Rachelle D. Klassen, Secretary
GARDAWARIA HUNTIWPDATAUMOORE�CITYRDA20.85AC AGM2 DOC 4 031003
Contract No. R23720
EXHIBIT A
Legal Description
Contract No. C23720
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA:
PARCEL 2 AND LOTS "B" THROUGH "E", INCLUSIVE, AS SHOWN ON
PARCEL MAP NO. 30193, ON FILE IN BOOK 202, PAGES 86 THROUGH 88,
INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY
CALIFORNIA;
TOGETHER WITH THAT PORTION OF PARCEL 3, OF SAID PARCEL MAP
NO. 30193, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3;
THENCE NORTH 00002'48" EAST ALONG THE WESTERLY LINE OF SAID
PARCEL 3, A DISTANCE OF 67.73 FEET;
THENCE LEAVING SAID WESTERLY LINE, SOUTH 89058'03" EAST A
DISTANCE OF 510.85 FEET;
THENCE NORTH 00012'40" WEST A DISTANCE OF 17.90 FEET;
THENCE NORTH 89047'20" EAST A DISTANCE OF 102.00 FEET TO A
POINT ON THE EASTERLY LINE OF SAID PARCEL 3;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00012'40" EAST A
DISTANCE OF 17.36 FEET;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 900
00'00" WEST A DISTANCE OF 100.00 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3, SOUTH
00012'40" EAST A DISTANCE OF 68.64 FEET;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH
89058'03" WEST A DISTANCE OF 513.15 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO ALL EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -
WAY OF RECORD. A
CONTAINING A TOTAL OF 908,028 SQUARE FEET
OR 20.845 ACRES, MORE OR LESS.
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Contract No. R23720
EXHIBIT "B"
PARCEL MAP NO. 30193
P.M.B. 202/86-88—) RECORD DATA PER
N. LINE CITY OF PALM DESERT P.M.B. 202/86-88
SEC` 16
42ND AVENUE
PARCEL 3
j r N 89'58'03" W 510.85' -f-� L1 L1
J ( POR.
POR. PAR. 3 r (��(Cl) I PAR. 3 J I I
(N 89'58'03" W 513.15') c,4- J (L6)
J In
i P.O.B. (�=11,18,35") " I \
SW COR. (R=239.00') �I N.T.S.
PAR. 3 (L=47.18') _ — '
GOP �, (6=83'58'10") (R=927.00'8) I Qp�o
` o P� (R=171.00')
Q .01 (L=250.61') (L=54.42'})
P I
,Lr, J (IL 13 N� LO
n '?T
o GO
a p�4989
P _� o � � I�ImI � � Q � � Exp. �12/31 /05 I
o I°I�I
o 9T� p4
b I� 0I o OF CP►1-��
g a I I �•-- (N 89*48*57" E 822.37')
Qr g oo I � I o
00
VERBENA CIRLE _ PARCEL 2 M
LOT "C'
w
1 ROSE
OLOT DURT
1 "=200' 04
PARCEL 2 I c� I N
— MERLE DRIVE o
■ c t —C/L MERLE DRIVE — LOT E— — z
T - —'(N 89'48'51 " E 1328.16')—
T LINE DATA LINE DATA J
NO. BEARING LENGTH I NO. BEARING LENGTH NW 1 /4, NE 1 /4
L1 N 89'47'20" E 102.00' I L10 N 00'12'40" W 42.40' SEC. 16, T. 5 S.,
L2 N 00'12'40" W 17.90' L11 N 00"2'40" W 17.36' R. 6 E., S.B.M.
L3 N 00'01'57" E 29.00' L12 N 00'12'40" W 25.04'
L4 N 00'02'48" E 67.73' L13 N 00'01'57" E 29.00'
L5 N 00'12'40" W 68.64'
L6 N 90.00'00" E 100.00' I CURVE DATA
L7 N 89'58'03" W 38.34' I N0, DELTA RADIUS LENGTH
L8 N 89'58'03" W 38.01' I Cl 08'23'56" 200.00 29.32'
L9 N 08'36'37" W 50.69' C2 13'21'32" 229.00' 53.39'
Contract No. R23720
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, CA 92260
(This Space for Recorder=s Use Only)
(This document is exempt from payment of a recording fee pursuant to Government Code Section 6103)
A.P.N.: TRA#: Order No.: Escrow No.:
The undersigned Grantor declares that the Documentary Transfer Tax is $ -0-
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Palm Desert, a
municipal corporation,
hereby GRANT(S) to the Palm Desert Redevelopment Agency, a public body, corporate and politic,
the following described property in the City of Palm Desert, County of Riverside, State of California;
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
CITY OF PALM DESERT
By:
Buford A. Crites, Mayor
Document Date:
State of California )SS
County of Riverside )
On 200_, before me, personally
appeared personally known to me or proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
G %RDA\Mana HunttW PDATA'JMOORE\grantdeed20.8a5ac a doc
Contract No. R23720
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed
dated from the CITY OF PALM DESERT to the PALM DESERT
REDEVELOPMENT AGENCY, is hereby accepted by the undersigned officer or agent
on behalf of the PALM DESERT REDEVELOPMENT AGENCY, a public body,
corporate and politic, pursuant to the authority conferred by the Agency Board on
, and the Grantee consents to the recordation thereof
by its duly authorized officer.
Dated:
State of California )SS
County of }
PALM DESERT REDEVELOPMENT AGENCY
M
Title: Chairman
On , 20_, before me, , a Notary
Public, personally appeared , personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person (s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal [Notarial Seal]
Signature
GARDA\Maria Hunt\WPDATAUMOORE\certaccp20.845acresite.doc