Loading...
HomeMy WebLinkAboutC-1479 - Purchase of Balboa Island Church site�W Pp ova R CITY OF NEWPORT BEACH e.. CALIFORNIA City Hall ��1FOFN� 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE October 12, 1972 T0: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1479 Description of Contract Purchase of Balboa Island Comn unity Methodist Authorized by Resolution No. R -7830 , adopted on October 10, 1972 Effective date of Contract October 12, 1972 Contract with Balboa Island 0mumnity Methodist Church Address Agate Avenue, P. 0. Box 453 Amount of Contract Balboa Island, CA 92662 $186.000.00 City . e 9144;me I THIS AGREEMENT made and entered into this 1,2 rN day of 0C.r0 D ER , 1972, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City ", and THE BALBOA ISLAND COMMUNITY METHODIST CHURCH, a corporation, hereinafter referred to as "Church ": RECITALS WHEREAS, Church is the owner of certain parcels of real property, and improvements located thereon, situated on the westerly side of Agate Avenue, adjacent to the north of the South Bay Front alley, more particularly described as : and Lots 7, 8, 9, 10 and 11 in Block 7 of Resubdivision of Section One, Balboa Island, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 6, page 30 of Miscellaneous Maps, in the Office of the County Recorder of said County; WHEREAS, City wishes to purchase said property and improvements thereon for the purpose of using said premises as a park and recreational facility; and WHEREAS, Church has offered to convey said real property and improvements located thereon for a total sum of $185,000.00, subject to certain terms and conditions; NOW, THEREFORE, IN CONSIDERATION of their mutual promises the parties hereto agree as follows: 1. Church agrees to sell to City, and City hereby agrees to buy from Church, that certain parcel of real property located in the State of California, County of Orange, City of Newport Beach, more particularly described hereinabove in this Agreement; 2. Church and City shall each pay one -half (1/2) the cost of escrow, and Seller shall pay for a CLTA Owners Policy of Title Insurance upon opening of escrow; 3. The purchase price for the subject property shall -1- 0 0 be One Hundred Eighty -Five Thousand and no /100 Dollars ($185.000.00), payable as follows: (a) Within fourteen (14) days of the date of execution of this Agreement, City will pay to Church the sum of Ten Thousand and no /100 Dollars ($10,000.00) as an option to purchase the subject property. Said option shall be in full force and effect for a period of one (1) year from the date of execution of this Agreement. Upon the expiration of said option, the parties hereto may agree in writing to extend the period of said option. Should City exercise said option, said sum of $10,000.00 will be applied to and reduce the total purchase price by said amount. Upon written notice by City to Church of its intention to exercise said option, City will open an escrow with a reputable company for the purpose of consummating this transaction. Should City fail to exercise said option, this Agreement will expire and be of no further force and effect. Church will retain City's $10,000.00 option monies. (b) A special fund account shall be set aside by City, out of which the option deposit and balance of the purchase price will be made. (c) The obligation of the City under this Agreement to pay Church the purchase price of said property shall not be a lien, charge or encumbrance, legal or equitable, on any City property, or upon any of the income, receipts or other revenues of the City, other than those specific revenues derived from the special account as hereinabove described. It is specifically agreed by the parties hereto that the purchase price for the subject property established herein represents the best estimate of the parties of the fair market value of the subject property as of the date of this Agreement. 4. It is mutually agreed that Church will be allowed to occupy the buildings on said property free of any rent, until such time as it is able to relocate to other facilities, but in no event will Church be allowed to occupy said buildings longer than eighteen (18) months from the date of execution of this -2- Agreement, For so long as Church occupies said facilities, it agrees to pay reasonable maintenance costs, such as utilities and janitorial services. THE TERM of this agreement is for a period of one (1) year from the date of execution, but may be extended for an addi- tional period of time upon the mutual written consent of the parties hereto. EXECUTED as of the day and year first above written. CITY OF NEWPORT BEACH 7:lt_�: APPRO AS TO FOPM: Mayor ATTEST: City Attorney �y V i7 ��� t T THE BALBOA ISLAND COMMUNITY METHODIST CHURCH By: By: -3- DON:mh 10/4/72 0 RESOLUTION NO. 7 8 3 0 t • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND NEWPORT CENTER UNITED METHODIST CHURCH FOR THE PURCHASE OF BALBOA ISLAND CHURCH SITE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and the Newport Center United Methodist Church (The Balboa Island Community Methodist Church, a corporation), for.the purchase of the Balboa Island Church site for use as a park and recreational facility; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said contract for the sale of property above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 10th day of October, 1972. Mayor ATTEST: City Clerk mh 10/5/72