August 22, 2000
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
Dear Supervisors:
IT IS RECOMMENDED THAT YOUR BOARD AFTER THE PUBLIC HEARING
1. Find that the 0.68 acre portion of Victoria Golf Course, as legally described in Exhibit “A” attached to the Purchase and Sale Agreement, be removed from its classification as park property.
2. Find that the subject property is no longer needed for other park and recreational uses, low and moderate income housing, or educational uses and is surplus to the County’s needs.
3. Find that the sale of this property is categorically exempt under the California Environmental Quality Act (CEQA).
4. Approve and instruct the Chair to sign the attached Purchase and Sale Agreement between the County of Los Angeles and the City of Carson.
5. Instruct the Chair to sign the attached Quitclaim Deed conveying the County’s right, title and interest in the subject property to the City.
6. Approve and instruct the Chair to sign the attached Amendment No. 3 to Lease Agreement No. 50215 between the County of Los Angeles and Victoria Golf LLC (Lessee) for the Operation and Maintenance of Victoria Golf Course.
PURPOSE OF RECOMMENDED ACTION
Victoria County Golf Course is a 172.56-acre facility located at 340 East 192nd Street in the City of Carson, California. The City needs a 0.68-acre portion of the golf course to implement the City’s Del Amo Boulevard Extension Project, and has agreed to purchase fee title to the parcels for $44,100, the parcels' appraised value. Pursuant to the Public Park Preservation Act of 1971, the County may enter into an agreement to sell the subject property to the City after holding a public hearing on the nature of compensation required. The subject property is located in an “out of play” area of Victoria Golf Course along its southerly boundary. Lease Amendment No. 3 deletes the subject property from the golf course operator’s demised premises under Lease Agreement No. 50215.
JUSTIFICATION
The Department of Parks and Recreation has determined that the subject property is not required for the golf course. Sale of the property eliminates the County's liability exposure for the City's road improvements, which would otherwise be road right-of-way over County-owned land. Those public agencies required to be notified of this proposal did not indicate any interest in acquiring or leasing the property.
The golf course operator, Victoria Golf LLC, concurred that this property is not required, nor would interfere with the public’s use of the golf course, and has agreed to an amendment of the operating lease to delete the property from the demised premises.
In compliance with Public Resources Code Section 5405, the City agreed to pay the County $44,100 to purchase the property. The City and the Los Angeles County Department of Public Works determined this price is the property’s fair market value based upon reviewing the appraisal prepared for the parcels. Because the property is less than ten percent of the golf course, but not more than one acre, the County may accept the proceeds from the sale to fund improvements at Victoria Golf Course pursuant to Public Resources Code Section 5404.
FISCAL IMPACT
Pursuant to the terms of the Agreement, the department will receive $44,100 from the sale of the property, and these funds will be deposited in the Victoria Golf Course Trust Fund to offset the cost of improvements to the facility.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The sale of this property is authorized by Government Code Section 25365 and conforms to the requirements of the Public Park Preservation Act of 1971. Notice of the public hearing has been published, as required by Government Code Section 25365.
Notice of this public hearing has been posted at Victoria Golf Course for forty-five (45) days pursuant to Public Resources Code Section 5406 and has been advertised. As required by California Government Code Section 65402, the proposed sale was submitted to the City’s Planning Commission for its report on conformance with the City’s adopted General Plan. On January 27, 1998, the City approved and adopted a Resolution indicating the proposed sale conforms with the City’s General Plan.
As required by California Government Code Section 54222, notice was given to the appropriate public agencies that the subject property was available for park, low and moderate income housing, and school purposes. Since no answer was received within the 60-day period as stipulated in this Section, the sale may proceed as recommended. The Quitclaim Deed has been approved by County Counsel and will be recorded upon execution by the County and acceptance by the City.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
There will be no impact on current services or projects.
ENVIRONMENTAL IMPACT
This project is categorically exempt from the California Environmental Quality Act (CEQA) according to section 15312(a) of the Guidelines for the Implementation of the California Environmental Quality Act and Class 12(a) of the Environmental Document Reporting Procedures and Guidelines adopted by your Board on November 17, 1987.
CONCLUSION
Enclosed are one (1) original and one (1) duplicate of the Quitclaim Deed, and two (2) originals of Lease Amendment No. 3. Please have the Chair sign the original and duplicate deeds, and have them acknowledged by the Executive Officer of the Board of Supervisors.
Return the executed original deed to this office with a conformed copy of the Board letter and retain the duplicate for your files. Also, the Department of Parks and Recreation requests that a conformed copy of your Board’s action in this matter and a fully executed original version of Lease Amendment No. 3 for Victoria Golf Course be sent to the attention of Mr. Peter Nanula, President, Victoria Golf LLC, at Post Office Box 29353, San Francisco, California 94129.
Respectfully submitted,
David E. Janssen
Chief Administrative Officer
DEJ:SNY:
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victoria_golf
Attachments (3)
c: Auditor-Controller
County Counsel
Parks and Recreation
Public Works
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and effective this ______day of_______________, 2000, by and between the COUNTY OF LOS ANGELES (“County”), and City of Carson, a municipal corporation (“City”). Based upon the mutual consideration provided for herein, County and City agree as follows:
1. Recitals. This Agreement is made with respect to the following facts which each party agrees are true and correct:
(a) The County is the fee owner of land at 340 East 192nd Street in the City of Carson, known as Victoria Golf Course.
(b) The City, for the purpose of implementing its Del Amo Boulevard Extension Project, requests fee title to a portion of Victoria Golf Course, said portion hereinafter referred to as “the Property,” described in Exhibit “A” attached hereto and made a part hereof.
(c) In compliance with Public Resources Code Section 5405, the City agrees to pay County $44,100 to purchase the Property, which City and County agree represents the Property’s fair market value.
(d) Pursuant to Public Resources Code Section 5404, County will use the sale proceeds from the property towards the improvement of Victoria Golf Course.
(e) The County agrees to convey its rights, title, and interest in the Property to the City by Quitclaim Deed, which the City agrees to accept and cause to be recorded.
2. Purchase Price. The purchase price (“Purchase Price”) for the Property is Forty Four Thousand One Hundred Dollars ($44,100.00) payable by City to County upon execution of this Agreement, and by check made payable to the County of Los Angeles.
3. Costs and Prorations. All costs and expenses of this transaction shall be paid by City, including but not limited to, the cost of a title insurance policy, and all documentary transfer taxes and document drafting, recording and miscellaneous charges.
4. Conveyance. Seller shall convey the Property to City by Quitclaim Deed, subject to: a) All taxes, interest, penalties and assessments of record, if any; and b.) covenants, conditions, restrictions, reservations, easements, rights, and rights-of-way of record, if any. Seller shall convey the Property upon approval by the County Board of Supervisors, and upon satisfying the requirements of Government Code Section 25365 for legal advertising.
5. Condition of the Property. City acknowledges that City is purchasing the Property “as is” solely in reliance on City’s own investigation, and that no representation or warranties of any kind whatsoever, express or implied, have been made by County or County’s agents. City has been given the full opportunity to inspect the Property prior to execution of this Agreement. City shall assume the cost and expense for all soils conditions and for the removal of all contaminated materials, toxic or hazardous substances, and asbestos on the Property.
City also acknowledges that it is aware of all zoning regulations, other governmental requirements, site and physical conditions, and all other matters affecting the use and condition of the Property, and City agrees to purchase the Property in that condition.
6. Mineral Rights. County shall reserve and except unto County all oil, gas, hydrocarbons, or other minerals in and under the Property without the use of the surface or subsurface to a depth of 500 feet, measured vertically, from the surface of the Property.
7. Possession/Risk of Loss. Possession of the Property shall be given to City upon execution of this Agreement and payment in full of the Purchase Price. All risk of loss or damage with respect to the Property shall pass from County to City at delivery of possession.
8. Brokerage Commission. City and County hereby acknowledge and represent that there are no broker’s commission or finder’s fees due in connection with this transaction. County shall indemnify, defend and hold City harmless from any claim of brokers, agents or finders, licensed or otherwise, claiming through, under or by reason of the conduct of the County with respect to the transaction contemplated hereunder.
9. Taxes and Assessments. All current and nondelinquent installment of real property taxes, personal property taxes and assessments on the Property, if any, shall be prorated as of the delivery of possession to City, and on the basis of a thirty (30) day month.
10. Indemnification and Hold Harmless. City shall indemnify, defend and hold County harmless in any action or proceeding relating to this transaction brought under the California Environmental Quality Act.
11. Conflicts. In the event of a conflict between the provisions of this Agreement and the provisions of any other documents executed or purported to be executed between the parties prior to the date hereto, the provisions contained in this Agreement shall in all instances govern and prevail.
12. Assignment. City shall not assign or attempt to assign the Agreement, or any rights hereunder to any other person or entity. Any such assignment or purported assignment shall be null and void, and of no force and effect whatsoever.
13. Notices. All notices, demands, requests and notices under this Agreement by either party shall be hand-delivered or sent by United States Mail, registered or certified postage prepaid and addressed to the parties as follows:
County: Los Angeles County Department of Parks and Recreation
433 South Vermont Avenue, 4th Floor
Los Angeles, CA 90020
ATTENTION: Kimel Conway
City: City of Carson Engineering Services Department
701 East Carson Street
Carson, CA 90745
Notices, demands and requests served in the above manner shall be considered sufficiently given or served for all purposes under this Agreement at the time the notice, demand or request is hand-delivered or postmarked to the addresses shown above.
14. Time is of the Essence. Time is of the essence for each and every term, condition, covenant, obligation and provision of this Agreement.
15. Severability. In the event any portion of this Agreement shall be declared by any court or competent jurisdiction to be invalid, illegal, or unenforceable, such portion shall be severed from the Agreement, and the remaining parts hereof shall remain in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been a part of the Agreement, provided the remaining Agreement can be reasonably and equitably enforced.
16. Binding on Successors. Subject to the limitations set forth herein, the Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto.
17. Required Actions of City and County. City and County agree to execute all such instruments and documents and to take all action as may be required in order to consummate the purchase and sale herein contemplated.
18. Entire Agreement. This Agreement contains the entire agreement between the parties herein, and no addition or modification of any terms or provisions shall be effective unless set forth in writing, signed by both County and City.
IN WITNESS WHEREOF, County by order of its Board of Supervisors, has caused this Purchase and Sale Agreement to be executed by the Chair of the Board and the seal of said County to be affixed hereto and attested by its Executive Officer of the Board of Supervisors, and City, by order of its City Council has caused this Purchase and Sale Agreement to be executed.
ATTEST: COUNTY OF LOS ANGELES
a body corporate and politic
Executive Officer -
the Board of Supervisors
By ___________________________ By __________________________
Deputy Chair of the Board of Supervisors
ATTEST: CITY OF CARSON
By ___________________________ By __________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
LLOYD W. PELLMAN, County Counsel
By ____________________________ By ____________________________
Principal Deputy Attorney for the City of Carson
victgolfsaleagrmt
This Amendment to Lease Agreement No. 50215, made and entered into this ______ day of , 2000,
BY AND BETWEEN COUNTY OF LOS ANGELES, a body corporate and politic, hereinafter referred to as “County”,
AND VICTORIA GOLF LLC,
a Delaware limited liability company,
hereinafter referred to as the “Lessee”,
W I T N E S S E T H:
1.01 The parties hereto acknowledge and agree that it is the intent of the County to enter into the Transfer for the Property as shown on Exhibit A (Legal Description) and Exhibit B (Acquisition Parcel) attached hereto and by this reference incorporated herein. The Lessee is willing to delete said parcel of land totaling approximately 29,428 square feet from its demised premises in the Lease in order to accommodate the Transfer. Lessee hereby releases its control of said parcel.
1.02 Lessee agrees to continue required maintenance of the Property until such time as the City declares its intention to proceed with construction and requires that the Property be segregated from the remainder of the golf course in order to commence its construction operations. As a result of having learned of the proposed City construction, the Lessee modified its design, and plans and specifications for installation of a new irrigation system for the demised premises. As required by the Lease, as amended, Lessee is in the process of installing the new irrigation system pursuant to said plans and specifications expressly avoiding the Property, and thereby negating any adverse physical impacts to the demised premises and golf operations.
1.03 Lessee agrees that no consideration is necessary in return for its release of control of the Property provided that all proceeds of the Transfer, as from the City to the County, will be used for improvements to Victoria County Golf Course.
2.01 All other terms, conditions, covenants and promises of the Lease not affected by the provisions of this Amendment Agreement shall remain in full force and effect and are hereby reaffirmed.
3.01 The effective date of this Amendment Agreement shall be the date of approval hereof by the County’s Board of Supervisors.
VICTORIA GOLF LLC
By Peter Nanula, President
By
Chair, Board of Supervisors
JOANNE STURGES, Executive Officer
Clerk of the Board of Supervisors
By
Deputy
LLOYD W. PELLMAN
County Counsel
By
Deputy
SDc/victoriaamendno3
12/30/99
LEGAL DESCRIPTION
PARCEL LOS ANGELES COUNTY A.I.N. 7339-017-905, 906
That portion of the Guadalupe Marcelina Dominguez 852.37 acre allotment in the partition of a part of the Rancho San Pedro, as shown on a map filed in Case No. 3284 of the Superior Court of the State of California, in and for the County of Los Angeles, a copy of said map designated as Clerk’s Filed Map No. 145, being on file in the office of the Department of Public Works of said County, within the following described boundaries:
Beginning at the most easterly corner of that certain parcel of land described as Parcel No. 797 in deed to the Los Angeles County Flood Control District, recorded on January 21, 1969 as Document No. 2091 in Book D4257, page 558 of Official Records, in the office of the Recorder of said County; thence North 62 23'12" East along the southeasterly line of said 852.37 acre allotment 456.74 feet; thence leaving said southeasterly line South 77 19'36" West 499.82 feet to a point in the northeasterly line of said Parcel No. 797; thence South 39 05'53" East along said northeasterly line 131.49 feet to the point of beginning.