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CC RES 1978-062RESOLUTION NO. 78 -62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING ACCEPTANCE AND RECORDING OF DEED TO THE NIKE SITE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS: Section 1. The Mayor is hereby authorized to accept a deed or deeds to the Nike Site, subject to the conditions set forth on Exhibit "A" attached hereto and made a part hereof from the General Services Administration of the United States of America. The Mayor is further authorized and directed to record said deed with the County Recorder of Los Angeles County, California. PASSED, APPROVED AND ADOPTED this 19th day of September, 1978. ATTEST: LEONARD G. WOOD, CITY CLERK AND EX OFFICIO CLERK OF THE COUNCIL I HEREBY certify that the foregoing is a true and correct copy of Resolution No. 78 -62 approved and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 19th day of September, 1978. LEONARD G. WOOD, CITY CLERK • & EX OFFICIO C ERK OF THE COUNCIL OFFER TO PURCHASE Portion, Los Angeles Defense Area - NIKE 55, Point Vicente, Rancho Palos _ Verdes, Los Angeles County, CA 9--D-Calif-I088 $4.50,000.00 for six (6) acres - For and in consideration o . the sum of The City of Rancho Palos Verdes, California, a political subdivision of the State of California, hereinafter called the Offeror, hereby offers to purchase from the United States of America acting by and through the Administrator of General Services under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377) as amended, and regulations and orders promulgated there-S under, hereinafter called the Government, all that certain real property described in Exhibit A attached hereto and made a part hereof. A. Said purchase is subject to terms and conditions set forth in General Terms Applicable to Negotiated Sales, GSA Fora 2041 attached hereto as Exhibit B and made a part hereof except as to ara:-.� p rap hs p g P 6a and 8f which have been deleted in their entirety. B. The Offeror shall pay to General Services Administration ten P ercent of the total purchase price as an earnest none deposit upon execution Y upon • of this contract. The balance of the purchase price wi l l be due and payable in cash in accordance with paragraph 8g of the General Terms 0 Applicable to Negotiated Sales. (Exhibit B. ) • 4 t ' C. The City of Rancho Palos Verdes, a political subdivision of the State of California, has the legal authority to acquire the real property described in Exhibit A and funds are available for the purchase of the property. The property is being acquired for use • as a Civic Center site. .:. - . D. Offeror understands that the conveyance document will contain a covenant substantially as follows: "The Grantee covenants for .itself, its heirs, successors R • and assigns and every successor in interest to the property hereby conveyed, or any part thereof, that the said. Grantee and such heirs, successors, and assigns shall not discriminate upon the basis of race, color, religion, or national origin in the use, occupancy, sale, or lease of the property, or in their employment practices conducted thereon. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction." • Signature of person • authorized to sign offer. t _ _ Signer's Name & Title: Leonard G. Wood '• (ilease type. or print) City Manager ACCEPTANCE BY THE GOVER -NMENT qbe foregoing Offer to Purchase is accepted by and on behalf of the United States of America, acting by and through the Administrator of General Services, on this ,Eighth day of September 1978 Signature of Contracting Officer: _ I: liName & Title of Contracting Officer: r • A.B. PACE Director, Real Property Division Federal Property Resources Service - . • --... ,..-., -... .-( s . ! . • GENERAL TERMS APPLICABLE TO NEGOTIATED SALES (Surplus Real Propron _ 1. CONDITION OF PROPERTY. The property Is offered "As tr.ct created by such acceptance, the deposit, together with I,- and 'It.here i.." without representation. warranty. or guar- any payments subsequently made on account may be forfeited .,ntv ;LS to ga.ttltity. quality. character, condition, size, or at the option of the Government, in which event the offeror kind. or that thy' s;tm.• is in condition or fit to be used for the shall be relieved from further liability. or without forfeiting purpose for which intended, and no claim for any allowance or the said deposit:le/ payments. the Government nnay avail it- deduction upon such grounds will be considered. self of any legal or equitable rights which it may have under . the offer or contract. . 2. EARN EST ti1ON EY DEPOSIT. The offer must be accom- >.+1tted by :in earnest money deposit in such an amount and in 8. OTHER TERMS APPLICABLE TO A'SALE. such form as may be required by the Government. Upon ac-. cept.mcv of the offer. the deposit shall be applied toward pay- a. As of the dateef assumption of -� tt of the nfferor's obligation to th �Government. per p possessionof the pro- ..��- i,te c g• a Go ern rent. In the I ty. or the date of conveyance, whichever er occurs first. t•'•c-nt the titer is rejected. the deposit will be returned. with- the offeror shall assume responsibility for care and handling out interest. as promptly as possible after rejection of the • andall risks of loss or damage to the property and have all of fer. -obligations and liabilities of ownership. - 3. CONTINTUING OFFER. The offer shall be deemed to be a b. Any title evidence which may be desired by the offeror fit-in and t-ontinuitigof fer from the date of receipt until accepted will be procured by him at his sole cost and expense. The u,• rejected by the Government; provided. however. that after Government will, however, cooperate with the offeror or 90 d.tys have elapsed from the date of receipt. the offeror not his authorized agent in this connection. and will permit ex- having received •notice of. rejection may consider his offer aminationand inspectionof suchdeeds, abstracts,affidavits j :t,1d if the Government desires to accept the offer of title. judgments in condemnation proceedings. or other � �s�tt'C�. � a t ter such 90-day period. the consent of the offeror thereto documents relating to the title of the premises the property shall be obtained. involved, as it may have available. It is understood that the Government wilt not be obligated to g pay for any expense 4. NOTICE OF ACCEPTANCE OR REJECTION. Notice by incurred in connection with title matters or survey of the the Government of acceptance or rejection of the offer shall property. be deemed to have been sufficiently given when telegraphed or mailed to the offeror or his duly authorized representative at c. Upon assumption of possession of the property,or con-, the address indicated in the offer. veyance of the property, whichever occurs first, the offeror . shall assume responsibility for all general and special real 5. CONTRACT. These General Terms Applicable to Nego- and personal property taxes which may have been or may be tiated Sales. the offer, and the acceptance thereof, shall con- assessed on the property, and sums paid, or due•to be paid, stitute an agreement between the offeror and the Government. by the Government in lieu of taxes pursuant to statutory au- Such agreement shall constitute the whole contract to be suc- thority shall be prorated. ceeded only by the formal instruments of transfer, unless parties.modified in writing and signed by both pa,�_.,s. No oralstate-- d. In the event an offer to purchase for case is accepted meats or representations .made by, or for, or on behalf of and possession of the property is assumed by the offeror either party shall be a part of such contract. Nor shall the prior to the date of conveyance, the•offeror shall procure contract, or any interest therein, be transferred or assigned and maintain insurance at his expense, effective for the by the offeror without consent of the Government, and any • period from the date of assumption of possession to date of assignment transaction without such consent shall be void. conveyance, forthebenefit of the Government in such kinds and amounts as may be required by the Government. with 6. RESCISSION. companies acceptable to the Government. a. T. ontract made by the acceptance of the offer_bhe-- e. Conveyance of the property will be accomplished b•a • Government m transmitted to the Alt �' neral of quitclaim deed or deed without warranty and where appro- the United States for • ad . s to whether the sale priate a bill of sale, in conformity with local law and would tend to create li ' a siteatioa inconsistent practice. with the antitrus s. The accep a of the offer by the Governor ay be rescinded by the Co rnent. in case f. In the event the offer to ter purchase is ne on credit unf• ,able advice is received from the Attorney General, m financialdata, refereacesand suchot rinformation as may a requested by the Government, ll.be promptly b. An explanatory statement of the circumstances of the furnish by the offeror and the folio g conditions shall proposed disposal will be submitted to the appropriate be applicab . committees of the Congress because of its negotiated character and the offer probably will not be accepted by the (1) The Gov nment's acre ante of the offer to pur- Government untilafter the proposed disposal has been con- chase on ctredi ernes may e rescinded by the Govern- . sidered by such committees. However, in any event, the ment, in the even of an adverse finding by the Govern- Government may rescind its acceptance at any time during merit as to the offe rs financial responsibility,- with- _ the 90-day period following such acceptance, y' Y P ptance, if it is out liability on the pa of the Government other than to - reasonably determined by the Government that such action return the earnest t oney eposit without interest. is justified in the light of the circumstances then revaili g prevailing. (Z) The offeror/shall procure d maintain insurance at his expenseduring the term cr • is extended effective "~-- C. Any recession, pursuant to a or b, above, will be with as of the date of assumption of session of the pro- out liability on the part of the Government other than to re- for or thedateof conveyance, which er occurs first, turn the earnest money deposit without interest, for the benefit of the Government much kinds and arnourts as may be required by the Govern. ent. - 7. REVOCATION OF OFFER AND DEFAULT. In the event (3)./Contemporaneously with the delivery to the feror of revocation of the offer prior to acceptance, or in the event o cuments conveying the of any default by the offeror in the performance of the con- - '�• Y g property purchased, he Y shall execute and deliver to the Government: • GENERAL SERYtCE S AOM1$4STRATtoti • r:. ____�haY ,sue-- a �•• . . -' — 4 - . 6 .. i (,) A bond or note, in form and substance satis, g. The offeror shalt on a mutually agreeable date not fLctory to the Government, evidencing his obligation later than 90 days after acceptance of the offer, or such - fdr payrnentof the balance of the purchase price;and longer period as may be agreed upon in writing. tender to the Government the balance of the purchase price (if a (b) n purchase money mortgage, vendor's lien and cash sale), or (if a credit sale) the offeror shall pay the rnortg-ie, or deed of trust, in conformity with the balance of the down payment, and shall l execute and deliver practice\of the State in which the property is lo- to the Government the instruments described in f(3) above, cated; theVocument in any case, however, to be in and furnish evidence of insurance coverage. Upon such - and s •bst�nce satisfactory to the Government, tender being made by the offeror, the Government shall form s� Y , and in any a ent to include: i _ deliver to the offeror the instrument.'or instruments. of \ • I - . :.conveyance. In any event. if possession was assumed by +w► i. A restriction against sale, lease(unless the the offeror- prior to the date of conveyance, the offeror - property w-as•offered without leasing restric- shall pay, in addition to the purchase money due, an tions), or other disposition of the mortgaged amount required under the provisions of the offer. property or any par.tthereof without prior written - co.isent of the Go''ernment; h. The offeror shall pay all taxes imposed on this trans- - . . action and shall obtain at his own expense and affix to all ii. A requirement,for provisions of insurance instruments.of conveyance and security documents such it coverage satisfactory to the Government as to revenue and documentary stamps as may be required by 3 types of risks, amounts,,'and insurers; Federal and local laws An instruments of conveyance and `- . security documents shall be placed on record in the than- .. . �� � - - � - iii. A provision that the principal obligation ner prescribed by local recording statutes at the offeror's may be prepaid in full, or in part, on any in- _ expense. staflzuent due date, without penalty;- -. • • - 9. OFFICIALS NOT BE BENEFIT. No member of or delegate iv. A provision pat par `l payments made in to the Congress, or resident commissioner, shall be admitted of the regular schedule of payments - to any share or part of the contract of sale or to any benefit shall be applied against the principal obligation that may arise therefrom, but this provision shall not be con- - in inverse order of maturity; • strued to extend to the contract of sale if made with a car- / poration for its general benefit. v. Agreement on the part of t the mortgagor to • . - allowance adreasonable attorneys\fees and costs 10. COVENANT AGAINST CONTINGENT FEES. The offeror . . to the Government in the event co;foreclosure, warrants that he has not employed or retained any person or and to a/ deficiency judgment(w\ere not pro- agency to solicit or secure this contract upon any agreement hibite'd/'by State law)after foreclosure sale or or understanding for a commission, percentage, brokerage, exercise of power of sale in the mo tgage;and or contingent fee. Breach of this warranty shall give the Government the right to annul the contract without liability or . in its discretion to recover from the offeror the amount of • vi. A requirement to provide financial data such commission, percentage, brokerage, or contingent fee. d ring the period of the mortgage as r►.ay‘be re- in addition to the consideration herewith set forth. This war- - quested by the Government. rarity shall not apply to commissions payable by the offeror / . upon the contract secured or made through bona fide estab- lished commercial agencies maintained by the offeror for the (4) merest shall be computed at the rate prescribed purpose of doing business. "'Bona fide established commercial i the offer. Accrued interest shall be paid with each agencies" has been construed to include licensed real estate principal installment_ { brokers engaged in the business generally. • s. . • - - . - - a . . • g. g - 2...--- iti r • GSA Fc.*21141 tREv. t-i p 0400 G;*-,4Ss DC 71-10,40 • .