HomeMy WebLinkAboutPurchase Agreement - Armory PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into on the 7th day of
June , 1988, by and between the STATE OF CALIFORNIA, acting
by and through the Department of General Services, hereinafter re-
ferred to as "State" and the City of Arcadia, a California muni-
cipal corporation, hereinafter referred to as "City" .
The City and State agree as follows:
1 . The City agrees to purchase from the State, and the State agrees
to convey to the City, that real property in the City of
Arcadia, County of Los Angeles, State of California, consisting
of approximately 2. 126 acres and more particularly described
in the attached Exhibit "A" to this Agreement.
2 . The purchase price of the real property shall be One Million
Four Hundred Thousand Dollars ( $1, 400, 000 ) .
3. State will convey the property to the City by Grant Deed, with-
out warranty as to the condition or marketability of, title,
upon payment by City to State of $1, 400,000 through escrow
opened by City with a title company selected by City. If said
escrow has not closed by August 1, 1988, or in the event con-
dition of title is not aceptable to City, this Agreement shall
terminate without liability to either party.
4. All escrow fees and any title insurance premiums, if title
insurance is desired by City, shall be paid by City.
5. City agrees to allow National Guard to remain in possession,
rent free, not to exceed 5 years from close of escrow. The
National Guard agrees to pay the City a rent amount of $10 , 000
per month for any holdover after the 5 year occupancy period
if such holdover use is approved in writing by the City prior
to the end of the 5 year period. The City' s approval shall
not be unreasonably withheld. State' s (National Guard ' s) use
of subject property pursuant to this Agreement shall be con-
sistent with its past use and shall not be altered from said
use as a National Guard facility. Subject use shall be con-
sistent with applicable State, Federal and local laws. State
shall be fully responsible for the removal of all buildings,
facilities, or structures constructed or placed on the property
subsequent to March 17, 1988. This includes all buildings ,
structures and facilities for which any construction or place-
ment activities commenced after March 17, 1988. If any such
buildings, structures or facilities are not removed by the
State at the conclusion of the term of this Agreement, State
shall be deemed a holdover and subject to the rent prescribed
therefore until the structures are removed, in addition to
the expense and cost of removal.
6. State will for for all maintenance, utilweies and all costs as;cc: s__ -
and related to possession and use of the property by the Nat:onal
Guard. City shall not be responsible or liable for any loss or
damage to any equipment or property thereon.
7. State will not be responsible for payment of any soil testing costs.
However, the State will be responsible for cleanup of any and all
hazardous waste that occurred on the subject property after the State
acquired the property from the City on February 23 , 1950.
8 . No alteration or variation in the terms of this Agreement shall oe
valid unless made in writing and signed by the parties hereto, and
no oral understanding or agreement not hereby expressly incorporated
shall be binding upon the parties.
9. As a condition precedent to execution of this Agreement, State shall
provide evidence of State ' s self insurance covering personal injury
and property damage. State agrees to indemnify, hold free and harm-
less, and defend City from any and all costs and expenses including,
but not limited to, attorney fees and all other sums which City may
become obligated to pay on account of any claim or action arising
out of or related to State ' s possession of subject property. Exe-
cution of this Agreement by the City shall not, in any way, be deemed
to supplant the State with regard to past or pending claims, lawsuits
and liabilities which pertain to the subject property.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year hereinabove set forth.
STATE OF CALIFORNIA CITY OF ARCADIA, a California
DEPARTMENT OF GENERAL SERVICES Municipal Corporation
>By: By: � •
L PAUL . SAVONA, Chief MAYOR
Office of Real Estate and
Design Services
APPROVED: APPROVED:
STATE PUBLIC WORKS BOARD STATE OF CALIFORNIA
MILITARY DEPARTMENT
By. -
By:
x 6"-
0 T ROBERT C. THRASHER
Assistant Administrative Secretary Brigadier General
The Adjutant General
APPROVED AS TO FORM:
CITY OF ARCADIA
"e, r
111126;•--
Michael H. Miller
City Attorney -2-
•
EXH!B17 'A
That portion of Lot 5 of Tract No. 949, in the City of Arcadia, County of
Los Angeles, State of California, as per map recorded in Book 11, Page ;3
Maps, in the Office of the County Recorder of said County, described as
follows:
Beginning at a point in the southeasterly line of said Lot 5, distant
thereon , South 38° 33' 00" West 1,773.93 feet from the most easterly corner
of said lot ; :novice along the southeasterly line of said lot , South 38° 33'
00" West 40.00 feet to the most easterly corner of the land conveyed to
Los Angeles Turf Club by Parcel 2 of the deed recorded in Book 12619,
Page 275, of Official Records; thence along the boundary line of the land
last described, the following courses and distances; North 51' 27' 00" 'Wes:
30 feet; South 38' 33' 00" West 150 feet and North 51' 27' 00" West 481.12
feet to the southeasterly line of Huntington Drive as described in the deed
to the City of Arcadia, recorded in Book 9396, Page 145, of Official Records;
thence North 38' 33' 00" East along said southeasterly line of Huntington
Drive, 190.00 feet; thence South 51' 27' 00" East 511.12 feet to the point
of beginning, containing 2.126 acres. more or less.
EXCEPTING AND RESERVING to the State of California all mineral deposits as
defined in Section 6407 of the Public Resources Code below a depth of 500
feet without suface rights of entry.
P0.265.3
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