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