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HomeMy WebLinkAbout15-002 CC ResolutionRESOLUTION NO. 15-02 rA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE CITY OF TEMECULA AND WILD RIVERS TEMECULA, LLC FOR THE SALE OF CERTAIN REAL PROPERTY (APN 909-370-002) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula does hereby find, determine and declare: A. The City is the owner of approximately 17.47 acres of real property located north westerly of Diaz Road and Dendy Parkway in the City of Temecula as specifically described in the Purchase and Sale Agreement ("Property"). B. The City desires to sell the Property to Wild Rivers Temecula, LLC, pursuant to the proposed Purchase and Sale Agreement. ' C. The purchase price for the sale of the Property is not less than the fair market value of the Property as determined by an appraisal prepared a certified, MAI appraiser. D. On January 4, 2012, the Planning Commission approved land use entitlements for a water park on the Property as well as a Negative Declaration for such use pursuant to the requirements of the California Environmental Quality Act. Section 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula does hereby approve that certain agreement entitled `Purchase and Sale Agreement and Escrow Instructions" by and between the City of Temecula and Wild Rivers Temecula, LLC, ("Agreement') in substantial conformance with the form of such Agreement that is on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement on behalf of the City in substantial conformance with the form of such Agreement that is on file in the Office of the City Clerk. A copy of the final Agreement when executed by the Mayor and representatives of Wild Rivers Temecula, LLC, shall be placed on file in the Office of the City Clerk. Resos 15-02 1 Section 3. City Manager's Authority. The City Manager (or his designee), is ' hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, as amendment, including without limitation, the authority to approve and execute on behalf of the City: title report, escrow instructions, implementation agreements, costs, license agreement for access to the Property and such other agreements or certifications as may be necessary or convenient to the completion of the sale of the Property pursuant to the Agreement. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of January, 2015. Jeff Comerchero, Mayor ' ATTEST: Randi Johl-Olson, JD, MMC City Clerk [SEAL] Resos 15-02 2 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 15-02 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of January, 2015, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ' Randi Johl-Olson, JD, MMC City Clerk Resos 15-02 3