AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
APN: 451-063-30
BLACKSTONE & MCKINLEY BNSF GRADE SEPARATION PROJECT
This Agreement for Purchase and Sale of Real Property (Agreement) is entered into by and between Allan Foglio Jr. and Jennifer Foglio (collectively, Sellers) and the CITY OF FRESNO, a municipal corporation (City).
RECITALS
A Seller is the owner of an approximately 0.115 acre parcel (5000 square feet) located in the City of Fresno known as Assessor's Parcel Number (APN) 451- 063-30.
B. City desires to purchase Seller's property more particularly defined in Section 1 below (the Subject Property) for the Blackstone & McKinley BNSF Grade Separation Project (Project).
C. City requires the Subject Property for Project purposes, and for public uses in accordance with Sections 21080.13(a) of the California Public Resources Code, and 15282(9) of the (CEQA) Guidelines and is authorized to acquire the Subject Property pursuant to CCP 1240.010.
D. City now wishes to purchase from Seller and Seller now wishes to sell to City the Subject Property subject to the terms and conditions contained herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:
1. Subject Property. The Subject Property known as APN 451-063-30 is situated at 1592 North Glenn Avenue in the City of Fresno, Coun� of Fresno, State of California, being approximately 0.115 acres (5000 square feet) in size, which includes fixtures and improvements located on the property and all rights, privilege�, and appurtenances including any permits and easements. A legal description of the Subject property is described in Exhibit "A," attached hereto, and incorporated herein by reference.
2. Fee Title. Seller shall grant the Subject Property to City in fee, free and clear of all liens, encumbrances, assessments, easements, leases, taxes, and restrictions of record except as set forth in this Agreement.
3. Purchase Price. City shall pay Seller $225,000.00 (TWO HUNDRED TWENTY FIVE THOUSAND AND 00/100 DOLLARS) (the Purchase Price) for the Subject Property.
4. Effective Date. The Effective date of this Agreement shall be upon its duly authorized execution by the City.
1 and Seller further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any such undisclosed tenancies.
10.1 No later than March 15, 2024, Seller shall provide any tenant(s) with a 60-day written notice of intent to sell the Subject Property, informing tenant(s) that the lease, set to mature on May 15, 2024, will not be renewed or extended, and the Property will thereafter be sold. Seller shall provide City with proof of service of the notice on tenant(s).
Thereafter, Seller shall provide the City with proof that the tenant(s) has vacated the Subject Property on or before May 15, 2024. Proof may be in form of written confirmation by Seller that Seller has inspected the Subject Property and received the keys to the Subject Property from tenant(s).
11. Relocation. The City recognizes its responsibility for consideration of relocation assistance. If and to the extent that City's intended use of the Subject Property after the Close of Escrow results in the permanent or temporary displacement of persons (families, individuals, businesses, nonprofit, organizations, and farms) the Parties shall comply with all applicable local, State and federal statutes, including but not limited to Federal and State Relocation Assistance Acts, 42 U.S.C., Section 4601, et seq.; Government Code Section 7260, et. seq., and Federal and State implementing regulations.
12. Notices. All notices, demands, consents, requests or other communications required to or permitted to be given pursuant to this Agreement shall be in writing, shall be given only in accordance with the provisions of this Section, shall be addressed to the parties in the manner set forth below, and shall be conclusively deemed to have been properly delivered: (a) upon receipt when hand delivered during normal business hours (provided that, notices which are hand delivered shall not be effective unless the sending party obtains a signature of a person at such address that the notice has been received); (b) upon receipt when sent by facsimile if sent before 5:00 p.m. on a business day to the number set forth below with written confirmation of a successful transmission by the sender's facsimile machine; (c) upon the day of delivery if the notice has been deposited in an authorized receptacle of the United States Postal Service as first class, registered or certified mail, postage prepaid, with a return receipt requested (provided that, the sender has in its possession the return receipt to prove actual delivery); or (d) one (1) business day after the notice has been deposited with either Golden State Overnight, FedEx or United Parcel Service to be delivered by overnight delivery (provided that, the sending party receives a confirmation of actual delivery from the courier). The addresses of the parties to receive notices are as follows:
TO SELLER:
Allan Foglio Jr. and Jennifer Foglio
PROPERTY OWNER CONTACT
7607 Old Thyme Ct
Parkland, FL 33076
6 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the Effective date of this Agreement as defined above.
CITY OF FRESNO,
a California municipal corporation
By:------------
Randall W. Morrison� PE Date
Capital Projects Director
RECOMMENDED FOR APPROVAL:
�xJ.Ju� 31 � .Y-f
Nancy Bu o Date
Supervising Real Estate Agent
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:-------------
Deputy
Attachments:
1. Exhibit A - Legal Description
Date
10 0
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By:
Allan Foglio Jr
By:�O
JeiferFio
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Date