HomeMy WebLinkAboutReso 2025-159 RESOLUTION NO. 2025-159
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PURCHASE OF A PARCEL
LOCATED AT 60 FIRST AVENUE (APN 566-122-32-00) FOR
THE PURPOSES RELATED TO THE LOWER SWEETWATER
COMMUNITY PARK AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the City of Chula Vista is planning a new community park on a site known as
Lower Sweetwater, located on approximately 19.7 acres of City-owned land just west of Interstate
805 and south of State Route 54 and the Sweetwater River; and
WHEREAS, the Chula Vista General Plan, adopted in 2005, identified Lower Sweetwater
as a future park site, and in 2016, the Parks & Recreation Master Plan also identified Lower
Sweetwater as a future community park; and
WHEREAS, acquisition of parcels along First Avenue is necessary to provide safe and
permanent access for construction, future park operations, and public use of the park; and
WHEREAS, the City has agreed to purchase, and the owner has agreed to sell the subject
parcel to the City for the price and under the terms set forth in a Real Property Purchase Agreement,
a copy of which is attached hereto and by reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Real Property Purchase Agreement for property located at 60 First Avenue
(APN 566-122-32-00), between the City and Arthur Andres Ortiz, in the form presented, with such
minor modifications as may be required or approved by the City Attorney, a copy of which shall
be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute
same.
BE IT FURTHER RESOLVED, by the City Council of the City of Chula Vista, that it
hereby amends the Fiscal Year 2025-26 budget to appropriate $100,000 plus associated escrow
and closing costs to the Other Capital category of the Sunbow Park Benefit Fee Fund.
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Resolution No. 2025-159
Page No. 2
Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
Assistant City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of September 2025 by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2025-159 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 23rd day of September 2025.
Executed this 23rd day of September 2025.
Kerry K. Bigelow, MMC, City Clerk
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Escrow Company Corinthian Title
Escrow No. ______________
Title Order No. 129900
REAL PROPERTY PURCHASE AGREEMENT
(Escrow Instructions)
THIS REAL PROPERTY PURCHASE AGREEMENT (“Agreement”) is entered into this ____
day of _____________, 2025 by and between THE CITY OF CHULA VISTA, a charter city organized
under the laws of the State of California (“City”), and ARTHUR ANDRES ORTIZ, A SINGLE MAN
(“Seller”), (collectively “Parties”) for purchase by City of the hereinafter described real property to be
effective as of the date when signed by both Seller and City and approved by the Chula Vista City
Attorney.
WHEREAS, Seller owns that certain real property located at 60 First Avenue, in the City of
Chula Vista, County of San Diego, State of California (“Property”), and currently identified as San Diego
County Assessors Parcel No. 566-122-32-00
WHEREAS, Seller has offered to sell to City said Property for $100,000.00, and
WHEREAS, City desires to purchase fee title in and to Seller’s Property under the terms and
conditions of this Agreement.
NOW THEREFORE, for valuable consideration, the sufficiency of which is acknowledged, the
Parties enter into this Agreement under the following terms and conditions:
1. AGREEMENT TO SELL AND PURCHASE
City agrees to purchase from Seller and Seller agrees to sell to City, upon the terms and for the
consideration set forth in this Agreement, fee title in and to the Property more particularly described in
the legal description designated as Exhibit “A”, attached hereto and are incorporated herein by this
reference. City’s agreement to purchase the property is expressly contingent upon the adoption of a
resolution by the City Council of the City of Chula Vista authorizing the acquisition. The parties hereto
agree that the Property shall be conveyed in fee to the City clear of all encumbrances except agreements
with the City, County of San Diego or other authorities or agencies, easements, assessments and Districts
of record.
2. PURCHASE PRICE
The total purchase price payable on the terms set forth herein shall be the sum of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) (“Purchase Price”) to be paid in the manner set
forth below.
3. ESCROW AND TITLE INSURANCE
City agrees to open an escrow in accordance with this Agreement at Stewart Title Company
("Escrow Holder"), located at 7676 Hazard Center Drive, Suite 1400, San Diego, California and deposit
a fully executed copy of this Agreement no later than _____________. City agrees to pay all usual and
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reasonable fees, charges, and costs (including transfer taxes, if any) which arise in the escrow, upon
demand of Escrow Holder. Seller shall not be liable for any costs or fees in connection with this escrow.
This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holder to
whom these instructions are delivered is hereby empowered to act under this Agreement. The Parties
hereto agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no
later than sixty (60) days after a fully executed copy of this Agreement, is deposited into escrow. The
terms closing and/or close of escrow as used herein shall mean the date necessary instruments of
conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered
through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this
Agreement.
City shall, upon receipt of a statement of estimated closing cost from Escrow Holder, deposit the
Purchase Price together with additional funds as set forth in said statement. Said deposit shall be made
in accordance with the wire transfer instructions of the Escrow Holder and shall be made in sufficient
time to allow for the timely close of escrow as set forth herein. City shall also execute and deposit into
escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allo w for the
timely close of escrow as set forth herein.
Seller shall execute and deliver into escrow an executed Grant Deed conveying fee title to the
Property to City in sufficient time to allow for the timely close of escrow as set forth herein. Seller and
City agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary
to complete this transaction in a timely manner as set forth herein.
All funds received in this escrow shall be deposited with other escrow funds in a general escrow
account(s) and may be transferred to any other such escrow trust account in any State or National Bank
doing business in the State of California. All disbursements shall be made by wire transfer from such
account, unless Seller requests another form of payment.
If City requests a policy of title insurance when Escrow Holder holds for Seller the Grant Deed
in favor of City, executed and acknowledged by Seller covering the Property, Escrow Holder shall cause
to be issued and delivered to City at City's cost, a preliminary title report for City review. City shall
have five (10) business days to review and approve said preliminary report. After City approval, Escrow
Holder shall cause to be issued, as of the closing date and at City's cost, a CLTA standard coverage
policy of title insurance (“Title Policy”), issued by Commonwealth Land Title, with liability in the
amount of the Purchase Price, covering the Property and showing title vesting in City, free of all recorded
and unrecorded, liens, encumbrances, leases and taxes except agreements with the City, County of San
Diego or other public agencies and Districts of record and:
(a) The standard printed exceptions and exclusions contained in the CLTA or ALTA form
policy;
(b) Public and Quasi-public utility, public alley, public street easements and public rights of way
of record; and
Any and all ad valorem taxes and special taxes or assessments levied or assessed against the
Property for the year in which the closing occurs shall be prorated at the closing, and all delinquent taxes
shall be added to the pro-rated amount in order to calculate the amount(s) of any taxes owed by Seller
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as of the closing date. If the closing occurs before the tax rate or the assessed valuation is fixed for the
then-current year, the prorating of ad valorem taxes shall use the tax rate and the assessed valuation for
the preceding tax year. The prorating of ad valorem taxes shall be subject to later adjustment once the
actual tax statements for the closing year have been received; the obligation to re-prorate taxes shall
survive the closing.
Escrow Holder is authorized to and shall pay and charge City for any title insurance premium
and the costs of any endorsements. Escrow Holder is authorized to and shall disburse funds and deliver
the Grant Deed when City and Seller have fulfilled all conditions of the escrow and purchase agreement.
4. RESPONSIBILITY OF ESCROW HOLDER
Escrow Holder shall administer the closing in accordance with this Agreement and any escrow
instructions or other customary documents that Escrow Holder may require the Parties to sign in
connection with the closing.
5. CONVEYANCE OF INTEREST
At the closing, Seller shall convey to City fee title to the Property by Grant Deed, substantially
in the form attached to this Agreement as Exhibit B. Except for any title encumbrances accepted by City
in writing prior to the closing, Seller’s conveyance of the Property to City at the closing shall be free and
clear of all liens, encumbrances, and third-party possessory rights. SELLER shall deliver the Property to
BUYER at the Closing.
6. DEPOSIT OF FUNDS
City agrees to deposit the purchase price of the Property as contemplated by this Agreement.
7. SELLER’S REPRESENTATIONS AND WARRANTIES. SELLER represents and warrants
to City that all of the following are true and correct:
(a) Seller is not aware of any actions, suits, material claims, legal proceedings, or any other
proceedings at law or in equity, before any court or governmental agency, affecting the
Property or any portion thereof or affecting SELLER’s ability to enter into this Agreement and
perform its obligations under this Agreement.
(b) Seller is not aware of the presence or potential presence of contamination from Hazardous
Materials situated at, under or about the Property. For purposes of this Agreement, (i) the term
“Hazardous Materials” means any materials, substances or wastes defined as “hazardous,”
“toxic,” “pollutant,” or “contaminant,” or stated to be known to cause cancer or reproductive
toxicity, under any Environmental Law; and (ii) the term “Environmental Law” means any and
all federal, state or local laws (whether statutory or common law) relating to pollution or
protection of the environment, including, without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601 et
seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Clean Water Act, 33
U.S.C. Section 1251 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1317
et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, California Health &
Safety Code Section 25300 et seq.; the California Hazardous Waste Control Law, California
Health & Safety Code Section 25100 et seq.; the Porter-Cologne Water Quality Control Act,
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California Water Code Section 13000 et seq.; or any of the regulations adopted and
publications promulgated pursuant to such laws and regulations as they may be amended from
time to time.
(c) There are no operative leases or other agreements that give any third party the right to possess
or occupy any portion of the Property.
(d) Seller has not received notice from any governmental or regulatory agency as to the existence
of any actual or alleged violations of laws or regulations applicable to the Property or any
pending or threatened investigations or proceedings, including an eminent domain action,
affecting the Property.
(e) Neither Seller signature of this Agreement nor Seller’s performance of its obligations in this
Agreement will conflict with or breach any bond, note, evidence of indebtedness, contract,
lease, or other agreement or instrument to which Seller or the Property may be bound, or any
court or regulatory order or directive to which Seller or the Property may be bound.
Seller shall, upon learning of any fact or condition which would cause any of the representations and
warranties in this section to be untrue or incomplete as of the closing, immediately notify City of such
fact or condition.
8. SELLER’S COVENANTS. From the date of Seller’s signature of this Agreement through and
including the closing date, Seller covenants for City’s benefit as follows:
(a) Seller shall not do anything to impair title to any of the Property.
(b) Seller shall not lease or encumber any part of the Property, or otherwise grant or permit any
lien, easement, or other interest in any of the Property to be attached thereto, and if any such
interest should be attached, Seller shall cause any and all such items to be removed or
extinguished prior to the closing.
(c) Seller shall not allow any Hazardous Materials to be used, handled, generated, stored, released,
treated or disposed of at, under or about the Property.
9. SELLER’S INDEMNIFICATION. Seller shall indemnify, protect, defend and hold harmless
City and its officers, employees and agents, using legal counsel selected by City, from and against any
and all claims, demands, damages, losses, liabilities, obligations, penalties, fines, actions, causes of
action, judgments, suits, proceedings, costs and expenses (including, without limitation, attorneys’
fees, court costs, administrative procedural costs and experts’ fees), foreseen and unforeseen, relating
to or arising from any of the following: (i) Seller’s breach of any of its representations, warranties, or
covenants under this Agreement; (ii) the use, handling, generation, storage, release, treatment or
disposal of Hazardous Materials by Seller or any employee, agent, lessee, licensee or invitee of Seller
on, under or from the Property; and (iii) the cost of any required or necessary remediation, removal,
repair, cleanup or detoxification, the costs of any testing, sampling or other investigations, and the
preparation of required plans as a result of any of the causes described in item (ii) above. Seller’s
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obligations under this section shall survive the Closing and recording of the Grant Deed transferring
title to City.
10. SELLER DEFAULT. IF THE SELLER DEFAULTS UNDER THE TERMS OF THE
AGREEMENT, AND IF SELLER FAILS TO CURE SUCH DEFAULT ON OR BEFORE THE
DATE WHICH IS THREE (3) BUSINESS DAYS AFTER NOTICE THEREOF FROM CITY (OR, IF
EARLIER, ON THE CLOSING DATE), CITY MAY, AT ITS SOLE OPTION, ELECT TO DO ONE
OF THE FOLLOWING: (I) TERMINATE THIS AGREEMENT BY DELIVERY OF NOTICE OF
TERMINATION TO SELLER AND ESCROW HOLDER, IN WHICH EVENT THE DEPOSIT
SHALL BE RETURNED TO BUYER, AND THIS AGREEMENT, AND THE RIGHTS AND
OBLIGATIONS OF BUYER AND SELLER HEREUNDER SHALL TERMINATE OR
(II) ENFORCE SPECIFIC PERFORMANCE SELLER'S OBLIGATIONS, OR (III) SEEK AND
ENFORCE ANY REMDEY AVAILABLE AT LAW OR EQUITY.
Seller's Initials: __________ City's Initials:__________
11. CITY’S DEFAULT. If City is in default of this Agreement at any time, Seller may terminate
this Agreement by written notice to City and Escrow Holder, or seek and enforce any other remedy
available at law or in equity, provided that Seller shall not be entitled to recover from City any
consequential damages, lost opportunity damages, or punitive damages.
12. REAL ESTATE COMMISSIONS
Seller has informed City that they have employed a broker who may be entitled to a
commission as a result of this sale and purchase. The parties hereto agree that any commission or fee
due to the broker is solely Sellers responsibility and that said fee or commission may be paid out of the
proceeds of this sale at close of escrow upon demand and by mutual consent of the parties.
If any other broker, finder or other person makes a claim for commissions or finder's fee based
upon any contract, dealing or communication with a party, then such party shall indemnify, defend and
hold the other party harmless from and against all damages, claims, losses and expenses, including
attorneys' fees, arising out of the broker's, finder's or other person's claim.
13. MISCELLANEOUS
a. Legal Fees. In the event of the bringing of any action or suit by either party against the
other party by reason of any breach of any of the covenants, conditions, agreements or provisions on
the part of the other party arising out of this Agreement, the party in whose favor final judgment shall
be entered shall be entitled to have and recover of and from the other party all costs and expenses of
suit, including reasonable attorneys' fees (or, in the event of any action to enforce this Agreement, the
prevailing party shall be entitled to recover all of its costs and expenses of the action, including
reasonable attorney's fees), as determined by a court of competent jurisdiction.
b. Time is of the Essence. Time is of the essence of each and every term, condition,
obligation and provision of this Agreement.
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c. Counterparts. This Agreement may be signed in counterparts, each of which when
signed shall be deemed an original, but all of which together shall constitute one and the same
instrument. Seller may electronically deliver a signed counterpart to this Agreement to City. Seller
electronically delivered signed counterpart shall be deemed an original for all purposes.
Notwithstanding the foregoing, Seller shall deliver a paper counterpart of this Agreement bearing
original signatures to Escrow Holder prior to the Closing.
d. Interpretation. This Agreement shall be governed by the laws of the State of California.
The section headings are for convenience only and shall not interpret, define or limit the scope or
content of this Agreement. If any Party is made up of more than one person or entity, then all are
identified in the singular in this Agreement. If any right of approval or consent by a Party is provided
for in this Agreement, the Party shall exercise the right promptly and reasonably, unless this
Agreement expressly gives such Party the right to use its sole discretion. The term “business day” shall
mean Monday through Friday, excluding holidays recognized by the State of California and the City of
Chula Vista.
e. Amendments. The terms and provisions of this Agreement may only be modified or
amended pursuant to a written instrument signed by both Parties.
f. Successors and Assigns. This Agreement shall inure to and bind the successors and
assigns of the Parties.
g. No Personal Liability of Officials and Employees. No official or employee of City will
be personally liable to Seller in the event of City’s default under this Agreement or for any amount that
may become due to Seller, or on any obligations under the terms of this Agreement, except to the
extent resulting from the fraud or willful misconduct of such official or employee.
h. Mutual Negotiation. No inference in favor of or against any Party shall be drawn from
the fact that such Party has drafted any part of this Agreement. The Parties have both participated
substantially in the negotiation, drafting, and revision of this Agreement, and have been given ample
opportunity to consult with legal counsel and other consultants or advisers of their own choice.
i. Tax Consequences. Each Party shall bear all responsibility, liability, and costs relating
to any tax consequences experienced by such Party as a result of this Agreement and the sale
transaction contemplated by this Agreement.
j. No Affiliation. Nothing contained in this Agreement shall be deemed or construed to
create a partnership, joint venture, or other affiliation between Seller and City, or between City and any
other entity or party, or cause City to be responsible in any way for the debts or obligations of Seller or
any other party or entity.
k. Entire Agreement. This Agreement represents the entire agreement between the Parties
for the purchase and sale of the Property, and supersedes all prior negotiations, representations or
agreements, either oral or written.
l. Severability. If any portion of this Agreement shall be declared by any court of
competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed
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from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect,
as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement.
m. Governing Law. This Agreement is executed and delivered in the State of California
and shall be construed and enforced in accordance with, and governed by, the laws of the State of
California. All legal actions arising from this Agreement shall be filed in the Superior Court of the
State of California in the County of San Diego or in the United States District Court with jurisdiction
in the County of San Diego.
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IN WITNESS WHEREOF, the duly authorized representative of each party has executed
this Agreement.
BUYER: City of Chula Vista SELLER:
By:
John McCann Arthur Andres Ortiz
Mayor
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
Approved as to Form:
MARCO A. VERDUGO
City Attorney
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Corinthian Tltte Compny, lrr.
ORDER NO.: 129900-AF
PREUMIMRY REPORT
YOUR REFERENCE: PRMV-1402-CP
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein below ls situated ln the County of SAN DIE@, State of CALIFORNIA, and is
descrlbed as follows:
LOT 16 OF EL RANCHO VrLl-AS, tN THE CrW OF CHU|-A V6rA, COUNW OF SAN DIEGO, STATE OF CALTFORNIA,
ACCORDING TO MAP THEREOF NO. 2376, FII.ED IN THE OFF|CE OF THE COUNW RECORDER OF SAN DIEGO
cotrNw, FEBRUARY 17, 1947.
Assessor's Parcel Number: 566- I 22-12-OO
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Recording requested by and
please return to:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention City Clerk
(This space for Recorder's use, only)
Assessor’s Parcel Number 566-122-32-00
Grant Deed
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Arthur Andres Ortiz, a single man, does hereby grant to the City of Chula Vista, a California charter city organized under the laws of the State of California, ALL THAT REAL PROPERTY, in fee title together with all improvements, rights and appurtenances thereto, and subject to all encumbrances of record, located in the City of Chula Vista, County of San Diego, State of California and more particularly described as follows:
See Legal Description designated as Exhibit “A” attached hereto and by reference
made a part hereof.
Signed this day of , 2025 Grantor
(Notary Acknowledgment required for each signatory.)
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Acceptance Certificate
This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a
governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula
Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council
adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation thereof by its duly
authorized officer.
______ __________, City Clerk
By: Date:
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