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HomeMy WebLinkAboutRUIZ, VALENTINA - 2007 Cl<. ;r,,~p "unl\ MA?Wfc5CEED ClEAK OF CbUNCll DATE: '"' -0 > 07 (o):PV'lA (2.) Cl<. ;r,,~p PURCHASE AND SALE AGREEMENT AND BILATERAL ESCROW INSTRUCTIONS FOR ACQUISITION OF REAL PROPERTY (Residential) A-2007-069 THIS AGREEMENT (hereinafter "PSA"), entered into on ,2007, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"). and Valentina Ruiz (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, Seifer agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter "Said Real Property") described as follows: All that certain real property located in the State of California, County of Orange. City of Santa Ana. described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 430 S. Bri....tol , Santa Ana, Ca) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Convevance bv Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of Fir....t American Title Insurance Company, located at 2 First American Way~ Santa Ana , California, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveved. Seller agrees that. except as may hereinafter be expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid. free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (including any and all leases). liens, clouds or defects in title, except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (including any and all leases), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of title to Said Real Property to City, within the time and at the place hereinabove specified, a policy of title insurance to be issued by the above mentioned title Insurance company, with the Page lor, Seller's Initial(j/f City therein named as the insured, in the amount of Fll I I/I,VDRED SIXTY FIVE THOUSAND DOLLARS ($ 565000 ) insuring th;]! title to Said Real Property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (including any and all leases), liens, clouds or defects in title, excepting those indicated in Paragraph 15 Acceptance by City of any such policy of title insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action fOI damages or any other rights which may accrue to City by reason of the failure of Seller to cOllvuy title or to provide title insurance as required in this PSA. 4. Escrow City agrees to open an escrow at the office of First American , (hereinafter "Escrow Agent"), located at 1 Fir,<t American Wav. Santa Ana , California within five (51 days from and after the date on which the City has approved this PSA. This PSA constitutes the bl.lateral escrow instructions of the City and the Seller and a duplicate original of this PSA shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow is to close within 12/1 days of the City's execution of this PSA. The Escrow Aqcent hereby is empowered to act in accordance with the terms, conditions and provisions of ti1ls PSA. and shall carry out its duties as Escrow Agent hereunder upon i~d~C~.ti~? its written acceptclllce of this Section 4, and of the General ProVISions desCribed In Exhibit 8 attached heretu ancllncorporated herein by this reference, delivered to the City and to the Seller within five (5 i days after delivery of this PSA. City agrees to pay, and Escrow Agent is hereby authorized to charge to the City, the cost of any transfer taxes, recurrling fees, cost of title insurance, reconveyance fees, docu~e~t p~e:ara~l~n fees, escrow fees and any other closing costs inCidental to the co~~eymg of ~~:n :eaed ~~~ruZt t City Penalties f 01 prepayment of bona fide obligations secure y any ex 6 ~ mortgage shall Ix, waived pursuant to Civil Code Procedures Section 1265.24 . ,., . SA is limited to the performance of obligations imposed . Escrow Agent s Ilahlllty under thiS P . 11 d Exhibit "8" of the General ProvISions of thiS upon it under Sect lOll 4, Section 6, Section an PSA. f' \ rin 'f on Said Real Property for the Isca yea 5 ProDert\l Taxes. Real property taxes, I any, unpaid at the time of said conveyance, . rt . conveyed to City, as are . 4966 of the Revenue which Said Real Pft'I'" Y IS . dance with the provisions of SectIOn der Section shall be cl~areg "\','d~~~~:~t~:~~alifOrnia. Seller shallf ~ ~~~;~:: :~~ ~h~~f~~~i~~ of property and TaxatIOn 0'. nd Taxation Code of the State 0 a I . rior to the date the deed 5096,7 of the Rev~r~r~;erty for said fiscal year which have l~eCe:b::~~ (hat portion of the fiscal taxes o~ SalddR~", I Property to City is recorded whlChd I~ a f Property to City is recorded and conveYIng Sal e3 th deed conveYing Sal ea d Taxation Code of ear which begins 011 the date r:ason of Section 4966 of the Revenue ::d all years prior to the ~ade uncollectible '\Ull~t'~~~aid taxes on Said Real propert~ ~oyr ~~Xer before conveyance of the State of Califor, "" .' ance is made shall be pal fiscal year within wIW)I,sald convey Said Real Propel\Y tu city. I d Seller agrees to accept t ay to Sel er, an t t Payment of purchase Price. City af;~~~i~ ~ea\ Property, including improvemen s 0 ~;om City, as and lor the full purchase pnce Seller's Initials \l \Z Page 2 of8 . . Said Real P, operty, and business goodwill, if any, the total sum of: . I'll r III 'NDRED SIXTY FIVE THOUSAND DOLLARS ($ 565000 City agrees t~ deposit said purchase price in escrow with the Escrow Agent within THIRTY (30~' days after IhL r1dte on which the City has approved this PSA, and the Escrow Agent is hereby authorized tu pay the same to Seller upon and after: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying Said Real Property to City; (c) Delivery to City of the policy of title insurance as hereinabove required; (d) RecorrJatlun of the Deed conveying Said Real Property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy bv Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppels) on a form furnished to Seller by Buyer and to deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements atlachuu. All rents will be prorated as of the close of escrow on the basis of a 30- day month /360-ct<lY year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by the present occupants prior to close of escrow. Seller agrees that any and all tenant security depOSits pmtaining to the subject property collected by or that are In the possession of Seller prior to the close of escrow shall be transferred to and become the property of Buyer during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenanCies, and leases (oral or written, recorded, or unrecorded) a;dllsell~r agrees to hold Buyer harmless from at~~a~~\~%~~::;: ~~~~ ~ra:~: ~~~i;~~~t~~t~~bj:C~~~o~~rty warrants that there d re no ora exceeding a perrod 01 one month. . . f breach of any covenant or agreement herein 9 Waivers TI'" waiVer by City 0 any d held to be a waiver of any subsequent or ~ntained on the part of Seller shall not be deeme or er of any breach of any other covenants other breach of Si lie! covenant or agreement nor a walv or agreements Cl>l1talned herem. . This PSA and all the terms, covenants and 10. Heirs, Assiqns, successo~s ~i~~~~:r~~~;s, executo;s, administrators, successors and conditions hereof. sl1all apply to an assigns of the respective Parlies hereto_ . 11 II matters and things hereunder to be done and In a 11. Time is of the Essenc~- ~nr:e is and shall be of the essence. payments hereund," to be ma e, I . . . er hereb grants City, and ItS authonzed 12. Permission to Enter on pre~'~esi ir~~erty at a~ reasonable times prior to close of agents, permission 10 enter upon Sal ea Seller's \nitials\l R Pa'ge 3 of8 escrow for tile purpose of mak' 13 Jng necessary inspections. .'. Just Comoensalion S Indicated in section 6 ab '. eller acknoWledges and a Including alllmrrove~en~v~ S'S JUdsRt compensation at fair ::reks tthat the purchase price aJ eal Prop rt e value for S 'd R 14 N' e y, and business goodwill 'f al eal Property, . otlces The m T ' I any. P.O. Box 1988. In the Cal Jng address of the City of Santa . mailing addreso uf the ~~IZ: i~anta Ana 92702, County of ~~aanISe20 Civic Center Plaza, M-36 . g ,State of California. The ' 430 S. Bristol Street Santa Ana , Ca 92703_ 15. ExcePtions C t i Y agrees to accept title to Said RIP NONE. ea roperty Subject to the following: 16. Entire AQreement. It is mutuall a the wh~le of their Agreement. Perform:nc2r~:~~at the Parties hereto have set forth herein and alllssue(s) 111011 were raised or could have b PSA by City shall lay at rest, each, every Said Real PrOperly ily City, een raised In connection with the acquisition' of 17, Hazardous Waste. Neither Seller nor, to the best f ' owner, tenant, IWLupant, or user of the Pro pert d 0 Sellers knowledge, any previous or disposed of <lilY hazardous waste toxic sUb!ta~se ,generated, released, discharged, stored Materials") on, under in, or about th~ Propert tces, or related materials ("Hazardous ' from the Property Srdler shall not cause or pYe'rmor,t trhansported any Hazardous Materials to or d' . e presence use generatio I Ischarge, storage (Jr disposal of any Hazardous Materials on u'nd '. b n, re ease, I rt I' . ' er, In, or a out or the ranspo a Ion ot ,my Hazardous Matenals to or from the Property Th t "H' M t . I" h II . ." e erm azardous a ena s a mf', l!1 dny substance, matenal,. or waste which is or becomes regulated by any local government", ,wthonty, the State of California, or the United States Govern t , I d' b t d t. men, Inc U lng, U nOI limite 0, any matenal or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122 7. or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter ti 5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25116 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presl"y T;Jnner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazarclolls substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory I. (IV) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substall"'s), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or ddllled as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the Call1()Il 1Ia Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous subst.lIlces" pursuant to Section 311 of the Clean Water Act, (33 U,S.C. S1317), (x) defined as a "llc17ardous waste" pursuant to Section 1004 of the Resource Conservation and Page4of8 Seller's Initials ~ -v.f.- Recovery Act. 42 U.S.C. S6901 et sea. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation. as amended by Liability Act, 42. U.S.C. S9601 et sea. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposai, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, amJ the California Environment Quality Act, and the rules, regulations, and ordinances of tile City within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bumal IS. 19 Indemnity Seller agrees to indemnify, defend and hold the City harmless from and ag~inst any claim action, suit, proceeding, loss, cost, damage, liability, deficiency, fl~e, penalty, Punitive damage, or expense (includ'lng, without limitation, attorneyst: feedS),s' ~~~~gl~9st~~~e or d (') the presence release use, genera lon, ' ' arising out of, or b, >:if' upon I 'I nde; in or about or the transportation of any such disposal of any H,I,."rdous Matena on: ~he vi~lation, or aileged violation, of any statute, . materials to or fru,,' the Property, or (II) 'ud ment or license relating to the use, generation, ordinance order 'llle, regulalion, permit, J 9 rt tion of Hazardous Materials on, under, In, or release, dlschar'Ju s{orage,~isP~~i~I'i~~;~~i~~~h~1I include, without limitation, any 1~ma~~;ion about to or fronl, the Props y. t or expense arising from or out of any calm, ' , nitive damage, cos , , d th tangible or liability, fins, Pden<JI\V /~uersonal injury (including sickness, disease, ~rin~:m~, profits or other SUit or procee In9 0 m ensation for lost wages,. busllles 'sance, pollution, , intangible property d"l11a~eth~o n~ural resource or the enwon~::t~~~~nmenl). lhis indemlllty t economic lass, d'Hl1i1gell release, or other adverse dellteCttho,; escrow shall close. Seller shall no . f n leak Spl . , I' up to the a e contamlna ~o t~ \\;\,\\It,/ created pnor t~ ~ct post close of this escrow. extends on y for acts or omiSSions , ereto that the , , be responSible . d nd agreed between the partletSghent upon the speCifiC , understoo a t d hereby \S con III d the C tinQen~ It IS d the escrow crea e . f'lhese documents an 20 on , ction an ''''h execution 0 I . ..,.-- of this trclnSa ~ City herein. let ce and approva . comp\:~~e and C\[1proval of ~g~nt shall constitute accep an nded except in aCCep , same I. I escrow not be modified or ame delivery 0 Mendrnent. lhis PSA may M dification and nd City, . valid or the 21: . 'Oned b'l I\\e seller j . PSA that is unenforceable o~~ of this pSA sna\\ wntlng s:artiallovalidit 'd~~~~~oe~~~~e~:~~: V~Ii~;t~~~~~~I~~:~~~c~UII force. ~~c\usionll~::'~;~'~ ,~\~~~ emaining prOVISions 0 SA, including the title of this pSA, are for have no e . and headings In thiS P onstruing this PSA. '-'"ptIC\S sidered III c wilh the 3 caotion~ ." r\ ar> not to be con t ued in accordance 2. - only ;\11 . db and cons I' convenience 'A hall be governe y w lhls PS s rnin~ ' 24 Gove _I calornla. . fthe state I . ' laws 0 't' Is ~R Sellef's Inl la \'a~e ') \l\'O 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiarv. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Dutv To COO Derate Further. Each party hereby agrees that it shall. upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. ADDlicabilitv of Aareement To Assianees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authoritv to Execute Aareement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees. for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. IncorDoration of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. The Parties have executed this PSA as of the date written below. By: Date::jJ] ,2007 CITY I BUYER CITY OF SANTA ANA ~ B ate. V David . Rea City Manager /p[t ,2007 By: Date: ,2007 By: Date: ,2007 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY~ (/fLR Date: ,V~ ,2007 00 e ~ov1r+-- ' enior Assistant City Attorney ATTEST: B' Patricia E. Healy' Clerk of the Council ,2007 Page 6 uf~ Seller's Initials \ I ~ EXHIBIT "A" lEGAL DESCRIPTION THE lAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOllOWS: LOT 11 OF TRACT NUMBER I589,IN THE CITY OF SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 46, PAGE(S) 38 AND 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 00010 - 0029j- 00023 Page 7 ofS Seller's Initials \t 1\. EXHIBIT "B" GENERAL ESCROW PROViSIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of Escrow Agent's general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which the transferring instrument(s) referred to herein are filed for recordation with the Office of the Orange County Recorder. All prorations shall be made on the basis of a 30-day month / 360-day year. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance, is hereby authorized by the Parties to this transaction. There shall be no prorations of any existing insurance pOlicies in this escrow. Escrow Agent is to furnish a copy of these instructions, including any amendments thereto, closing statements, and/or any other documents deposited in this escrow, to the lender or lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow; or to the rights of any of the Parties hereto; or about any money or property deposited herein, then Escrow Agent shall have the right to discontinue any or all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have the right to commence or defend any action or proceeding for the resolution of such conflict. The Parties to this escrow jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of, this escrow including, but without limiting the generality of the foregoing, a suit in interpleader initiated by Escrow Agent. In the event Escrow Agent should file a suit in interpleader, Escrow Agent shall be fully released and discharged from all obligations imposed upon it by this escrow. If for any reason funds are retained or remain in escrow, Escrow Agent shall be entitled to deduct therefrom a reasonable monthly charge of not less than $10,00 per month as an administrative fee, Time is of the essence with regard to the execution of these general escrow instructions. if Escrow Agent is unable to comply with these instructions within the time specified herein, and if additional time as is required to make an examination of the official records, Escrow Agent shall return all documents, money, or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment or supplement to these instructions must be in writing, signed by all Parties to this transaction. These escrow instructions, and any amendments thereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. Page 8 of8 Seller's Initials \fK CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: · Mayor Pro Tern Alvarez pulled Item 25.D. and 31A for separate discussion . Mayor Pro Tern Alvarez and Council member Tinajero voted "no" on Item 11.A. . Council member Sarmiento pulled Item 25.F. for separate discussion Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modifle the actual vote. Items without votes'are Iildop highlighted. Separate actions show palter the consent motion. ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Item 10.A. -10.B.) 10A REGULAR MEETING MINUTES OF MARCH 5, 2007 10.B. ADJOURNED REGULAR MEETING OF MARCH 5, 2007 ORDINANCES/SECOND READING 11A AMENDMENT TO EPIC COMMISSION ORDINANCE TO PERMIT OFFICERS OF PUBLIC AGENCIES Placed on first reading at the March 5, 2007 City Council meeting and approved by a vote of 5-2 (Alvarez, Tinajero, noes) Published in the Orange County Reporter on March 9, 2007 Motion: Place ordinance on second reading and adopt. ORDINANCE NS-2738 - An ordinance of the City Council of the City of Santa Ana amending Section 2-551 related to the Santa Ana Early Prevention and Intervention Commission. CITY COUNCil MINUTES 107 MARCH 19,2007 CONSENT CALENDAR Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreement MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25.G. AGMT NO. 2007-063 - FOUNTAIN MAINTENANCE SERVICES - Execute a two-year agreement, with three one-year renewal options, with Decks/de Pool Service in an annual amount not to exceed $83,250 - Parks, Recreation & Community Services 25.H. AGMTS - PURCHASE AGREEMENTS BRISTOL STREET CORRIDOR (PROJECT 06-1500) - PUBLIC WORKS AGENCY Motion: Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements. . AGMT NO. 2007-064 - With Eduarda Yantuche for the purchase of the residential property located at 720 S. Bristol in the amount of $620,000; . AGMT NO. 2007-065 - With Panagon Family L TO Partnership for the purchase of the residential property located at 814 S. Bristol in the amount of $610,000; . AGMT NO. 2007-066 - With Retha A. Luckey for the purchase of the residential property located at 1306 W. Raymar in the amount of $630,000; . AGMT NO. 2007-067 - With Alejandro Ramos for the purchase of the residential property located at 1301 W. Richland in the amount of $600,000; . AGMT NO. 2007-068 - With Julio and Leticia Rivera for the purchase of the residential property located at 1302 Willits in the amount of $640,000; ...,. AGMT NO. 2007-069 - With Valentina Ruiz for the purchase of the residential property located at 430 S. Bristol in the amount of $565,000; CITY COUNCil MINUTES 112 MARCH 19,2007