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J. Because the Property's isolation and its undeveloped state, it has been a source of <br />complaints from the adjoining property owners; for example, one property owner believes that <br />transients use the property to trespass onto his property; another property owner believes the <br />accumulation of wood and other debris on the property poses a rodent and fire hazard. <br /> <br />K. Disposing of the Property would likely rid the City of receiving complaints about the <br />condition of the Property. <br /> <br />L. In April 1999 City Council considered whether it should declare this parcel as surplus; after <br />taking public input and discussing the matter at length, Council referred the matter to the <br />Downtown Specific Plan Committee and to the Parks and Recreation Commission for their <br />recommendations, if any, whether the Property could logically be used for trails/open space <br />purposes. <br /> <br />M. The Parks and Recreation Commission concluded that the Property was not suitable to <br />trails/open space. <br /> <br />N. The Downtown Specific Plan Committee referred the matter to its Parks and Trails <br />subcommittee which likewise recommended that the Property was not suitable for trails/open <br />space; the Committee as a whole considered that (and other) recommendations on October 2, <br />2000 and recommended that the Property not be used for trails/public open space due to its <br />relationship to the Arroyo and because extending the trail east to First Street is problematic due to <br />ownership of this portion of the trail. <br /> <br />O. On November 7, 2000 the City Council declared the Property surplus, directed staff to <br />offer the Property to the appropriate public agencies and if those agencies were not interested, <br />then to offer the Property for sale to Purchaser, by averaging the original purchase price in 1968 <br />($9,103), inflated to today's dollars ($38,359) and an appraised value of the property. <br /> <br />P. The City has had the Property appraised by Robert Denton, MAI, a Certified General Real <br />Estate Appraiser, who has opined the estimated market value of the Property is $52,000. <br /> <br />Q. City desires to sell, and Purchaser desires to purchase, the Property on the terms and <br />conditions set forth hereim <br /> <br />ARTICLE I - PURCHASE <br /> <br />1.1 <br /> <br />Purchase/Closing Date. City shall sell the Property to Purchaser, and Purchaser shall <br />purchase the Property from City, on all of the mutual terms, covenants and conditions <br />hereinafter set forth. City and Purchaser shall mutually agree on the closing date ("Closing <br />Date"); provided, however, and except as provided in paragraph 1.5, in no event shall the <br />Closing Date occur on a date later than April 30, 2002. If the Property has not been <br />transferred to Purchaser by the outside Closing Date, this Agreement shall terminate and <br />neither party shall have any further rights or obligations thereunder, except as expressly <br />provided herein. <br /> <br />2 <br /> <br /> <br />