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HomeMy WebLinkAboutAGENDA - 11042008 - C.48 TO: REDEVELOPMENT AGENCY Contra FROM: David Twa, Executive Director Costa DATE: November 4, 2008 dsTg Fei; Countya'�. y SUBJECT: Orbisonia Heights Property Acquisition, Bay Point Area SPECIFIC REQUEST(S)OR RECOMMI-NDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: A. . APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed dated October 17,2008 from John H. Higgins and Joyce E. Higgins, Trustees,Higgins Trust, dated September 9, 1996. B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on behalf of the Redevelopment Agency. C. APPROVE payment of$415,000 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to North American Title Company, 630 San Ramon Valley Blvd., Suite 120, Danville, CA 94526 Escrow No. 827996-08 to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the abo e referenced Gra t Deed delivered to the Title Company for recording in the Office of the County Re Continued on Attachment: ® SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR WRECOMMENDATION OF BOARD COMMITTEE APPROVE ❑ OTHER SIGNATURE(S): //� ACTION OF BOARD ON/!/,0aeipjy OG2K go SL 0§ftOVED AS RECOMMENDED OTHER VO OF SUPERVISORS UNANIMOUS(ABSENT " AYES: NOES: ABSENT: ABSTAIN: D:\BayPoint\Development Zone 2%acquisition\130 0rbisonin Heights Higgias.doc Orig.Div: Redevelopment Agency I HEREBY CERTIFY THAT THIS IS A TRUE AND Contact: Maureen Touts—Redevelopment Agency(335-7230) CORRECT COPY OF AN ACTION TAKEN AND cc: County Administrator ENTERED ON THE MINUTES OF THE Assessor's Office REDEVELOPMENT AGENCY ON THE DATE SHOWN. PW Real Property—C.Pina-Sandoval ATTESTS David Twa,AGENCY SECRETARY By: Dc ty SUBJECT: Orbisonia Heights Property Acquisition, Bay Point Area DATE: November 4, 2008 PAGE: 2 Fiscal Impact: This activity is funded by the Contra Costa County Redevelopment Agency(100%). No General Fund money was used on this project. Reasons for Recommendations and Background: This project is to redevelop approximately 7.6 acres of the Orbisonia Heights subdivision with residential mixed-use, transit-oriented development as described and planned for in the Pittsburg/Bay Point BART Station Specific Plan approved by the Contra Costa County Board of Supervisors. In order to meet the purpose of this portion of the Specific Plan acquisition of the existing residential properties southeast of the State Highway 4/Bailey Road Interchange must occur. Consequences of Negative Action: The Agency will not be able to assemble this property with the current properties already acquired within the Specific Plan in the unincorporated community of Bay Point in Contra Costa County. l Parcel Number: 094-026-005 Grantor: John &Joyce Higgins Project Name: Orbisonia Heights- Redevelopment Address: 681 Bailey Road Project Number: 4500-6X5469 Bay Point, CA 94565 REVISED PURCHASE AND SALE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND GRANTOR NAMED HEREIN This Agreement is entered into by and between Contra Costa County Redevelopment Agency, a body corporate and politic existing under the laws of the State of California, (hereinafter "Agency") and John H. Higgins and Joyce E. Higgins,Trustees, Higgins Trust, dated September 9, 1996(hereinafter 4Grantor"). RECITALS Grantors are the owners of approximately 5,000 square feet of real property located in the unincorporated community of Bay Point, Contra Costa County, California and described on Exhibit "A" attached hereto and incorporated herein by reference. The real property, including improvements thereon, if any, are collectively referred to herein as the"Property" AGREEMENT NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the parties hereby agree as follows: 1. Effective Date. It is understood that this Agreement is subject to approval by the Agency's Goveming Board. This Agreement is effective on the date approved by the Agency's Governing Board ("Effective Date"). This Agreement will be submitted to the Grantors first for approval,and thereafter to the Agency. 2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantors agree to sell and Agency agrees to purchase the Property. 3. Purchase Price. The purchase price for the Property shall be FOUR HUNDRED FIFTEEN THOUSAND DOLLARS ($415,000.00)("Purchase Price"). 3.1. All ad valorem real property taxes and any penatties and costs thereon,and all installments of any bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantors as of the date title shall vest in Agency by the recordation of the deed herein pursuant to Sections 4986, 5082, and 5086 of the Revenue and Taxation Code of the State of Cardomia, if unpaid as of the date title vests. 3.2. The Purchase Price shall be paid to John H. Higgins and Joyce E. Higgins, Trustees, Higgins Trust, dated September 9, 1996(hereinafter"Grantor"). 4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is subject to the following conditions: 4.1. Grantors' representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow. 4.2. Grantors' performance of all obligations under this Agreement. G:1Rea1P1opwedave1opmen6AG.12 Purchase 8 Sale Agreement Higgins Revision.doc 1017/2008 4.3. The vesting of title to the Property in the Agency by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following "Approved Exceptions"as outlined in the Preliminary Report dated August 15, 2006, issued by North American Title Company: A. Covenants, conditions, restrictions and reservations of record, listed as exception(s) - None. B. Easements or rights of way of record over said property, listed as exception 4. C. Other approved exception(s)5 and 6. 4.4. North American Title Company is prepared to issue a, CLIA title insurance policy in the full amount of the purchase price, subject only to the Approved Exceptions ("Title Policy'). If Agency determines that any of these conditions have not been met, Agency shall have the right to terminate this Agreement by delivering written notice to Grantor and, if applicable,the Escrow agent. 5. Escrow. By this Agreement, Agency and Grantors establish an escrow ("Escrow')with North American Title Company, 630 San Ramon Valley Blvd., Suite 120, Danville, CA 94526, their Escrow No.827996-08 (Tide Company"). Grantors hereby authorize Agency to prepare and file escrow instructions with said Title Company, on behalf of Grantors, in accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata taxes, pens and assessments on the Property conveyed. 5.1. Fees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the Agency, the premium charged therefor. 5.2 Grantor' Deoosit into Escrow. On or before the Close of Escrow Grantors will deliver into Escrow with the Title Company the following documents: A. A grant deed, in recordable form and property executed on behalf of Grantors, in a form approved by Agency ("Grant Deed") conveying to Agency the Property in fee simple absolute, subject only to the Approved Exceptions. B. Copies of any effective leases, rental agreements or any other agreements, if any, which the Agency has agreed in writing are to remain in effect after Agency takes title. C. Grantors affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986,as amended(26 USCA§14451("FIRPTA Affidavit");and D. Grantors affidavit as contemplated by the Revenue and Taxation Code § 18662 ("Withholding Affidavit"). 5.3. Deposit of Purchase Price into Escrow by Menu. Prior to the Close of Escrow, Agency will deposit the Purchase Price into escrow with the Title Company. 5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Agency("Close of Escrow). On the closing date, the Title Company shall close Escrow as follows: G:1Realprop%RedevelopmentWG.12 Purchase&Sale Agreement Higgins Revision.doc 10/7/2008 A. Record the Grant Deed, marked for return to the Agency care of Carmen Pina-Sandoval, Real Property Agent for the Agency(which shall be deemed delivery to the Agency); B. Issue the Title Policy, if requested to do so by the Agency; C. Prorate taxes, assessments, rents and other charges as provided by this Agreement; D. Disburse to the Grantors the Purchase Price, less prorated amounts and charges to be paid by or on behalf of Grantors; E. Prepare and deliver to the Agency and to the Grantors one signed copy of the Title Company's closing statement showing all receipts and disbursements of the Escrow. If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company shall notify the Grantors and the Agency and retain all funds and documents pending receipt of further instructions from the Agency. 6. Grantor's' Representations and Warranties. Grantors make the following representations and warranties with the understanding that these representations and warranties are material and are being relied upon by Agency. Grantors represent and warrant to the Agency that as of the date of this Agreement and as of the Close of Escrow: 6.1. pbrketable Title. Grantors are the owners of the Property and have marketable and insurable fee simple fide to the Property Gear of restrictions,leases, liens and other encumbrances,subject only to the Approved Exceptions. No leases, licenses, or otter agreements allowing any third party rights to use the Property are or will be in force unless prior consent has been given by the Agency in writing. Commencing with the full execution of this Agreement by both parties and until the Close of Escrow. Grantors shall not permit any liens, encumbrances or easements to be placed on the property other than the Approved Exceptions, nor shall Grantors enter into any agreement that would affect the Property that would be binding on the Agency after the Close of Escrow without the prior written consent of the Agency. 6.2 Condition of Prooertv. Grantors have disclosed to the Agency all information, records and studies maintained by Grantors in connection with the Property concerning hazardous substances and that Grantors are not concealing any knowledge of the presence of contamination or hazardous substances on, from or under the Property. Any Information that Grantors have delivered.to the Agency either directly or through Grantors agents is accurate and Grantors have disclosed all material facts with respect to the Property. 6.3 Other Matters Affecting Property. To the best of Grantors knowledge, there are not presently any actions, suds, or proceedings pending or, to the best of Grantors knowledge, threatened against or affecting the Property or the interest of Grantors in the Property or its use that would affect Grantors ability to consummate the transaction contemplated by this Agreement. Further, there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Property. To the best of Grantors knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Property. Grantors shall promptly notify Agency of any of these matters arising in the future. 6.4 Grantors Agency. That this Agreement and all other documents delivered prior to or at the Close of Escrow have been authorized, executed, and delivered by Grantors; are binding obligations of the Grantors; and are collectively sufficient to transfer all of Grantors rights to the Property. G:ViealPioplRedevebpmen(AG.12 Purchase&Sale Agreement Higgins Revisicn.doc 10MAN In addition to any other remedies that may be available to the Agency as the result of a breach of any of the foregoing warranties or representations, Grantors agree to defend and hold the Agency harmless and reimburse the Agency for any and all loss, cost, liability, expense, damage or other injury, including Without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any of the warranties and representations contained in this Agreement and all third-party claims arising out of or related to any facts or circumstances with respect to the period prior to the Close of Escrow. 7. Agency's Representations and Warranties. Agency warrants that, upon approval of this Agreement by the Agency's governing body,this Agreement shall constitute a binding obligation of the Agency. 8. HAZ MAT CLAUSE 10301 (Not Tested-Unknown Hazardous Material Use. The Grantors hereby represent and warrant that during the period of Grantors ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property. Grantors further represent and warrant that Grantors has no knowledge of any disposal, release, or threatened release of hazardous substance or hazardous waste on, from, or under the property which may have occurred prior to Grantors taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair-market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the Agency may elect to recover its clean-up costs from those who caused or contributed to the contamination, or are otherwise responsible under State and Federal Law. 9. Survival. All of the terms, provisions, representations,warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 10. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close of Escrow. 11.. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: Counsel: Steven J. Geller Geller&Associates 383 Diablo Road, Suite 100 Danville, CA 94526 (925)820-4600 With Copy to Grantors: John and Joyce Higgins 121 Hardy Circle Pleasant Hill, CA 94523 Telephone: 925-935-7675 Home—925-708-0995 Cell Agency: Contra Costa County Public Works Department Real Property Division, Attn: C. Pifia-Sandoval 255 Glacier Drive Martinez, CA 94553 Telephone: 925-313-2012 G:%ReaIProp)Redeve1opmenMGA2 Purchase&Sale Agreement Higgins Revision.doc 1Ul772008 or to such other addresses as Agency and Grantor may respectively designate by written notice to the other. 12. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the Agency of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. Grantors have no other right or claim to compensation arising out of or connected with the acquisition of the subject property by the Agency, except as specifically set forth.in this Agreement, including but not limited to all claims for compensation for improvements pertaining to realty, all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or damages of every kind and nature by reason of Agency's acquisition of the subject property and agrees never to assert such a claim. 13. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as If both parties had prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement. 14. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 15. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party 16. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK G:1RealProp%Redevelopment%AG.12 Purchase 8 Sale Agreement Higgins Revision.doc 1002008 Oct 21 08 01:15p Steven Geller (925) 838-4560 p•2 17. Goveming Law and Venue. This Agreement shall be governed and construed in accordance with Califomia law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County, California. CONTRA COSTA COUNTY REDEVELOPMENT AGENCY GRANTORS G RECOMMENDED FOR APPROVAL: 75;n �H.1: By % By; t W �C. Real Property Agent Joyce E-Higgin , RE By Principal Real Property Agent (Date Sig y Grantors) APPROVED: By Redevelopment Agency Director Date (Date of Board Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN MLL BE RECOGNIZED Exhibit A-Legal Description "M APPROVED 8V MUM CWNSM 195) GtVtwditpWedevebpn*mMGA2 Puctvtee&Sale Agmment Higgins Revbbn.doc 100812008 (925) 838,4560 Oct 21 08 01:15p Steven Geller D 4 Recorded at the request of: Contra Costa County Redevelopment Agency Retum to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn. C. Pira-Sandoval Assessor's Parcel No. 094-026-005 Title Co.Order No.43145253-510-HM GRANT DEED For Value Received, receipt of which is hereby acknowledged,John H. Higgins and Joyce E. Higgins, Trustees, Higgins Trust,dated September 9, 1996 GRANT to CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing under the laws of the State of California, the following described real property in the unincorporated area of Bay Point, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. Date /Z GRANTORS;1116h n H. ,TRIF Joyce . Higgins,TR ATTACH APPROPRIATE ACKNOWLEDGMENT 6.%ReWProp%RevedelopmentlDE.Ola Higgins doc 1017108 Steven Geller (925) 838-4560 — P•5 Oct 21 08 01:15P California Notary Acknowledgement STATE OF CAUFORM A COUNTYOF On this the _day d C 1 ) '�i� 20 � before me, (name and title of officer). Personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)isrars subscribed to the within Instrument and acknowledged to me that Wshehhey executed the same In hm'herltheir authorized capacity(ies),and that by his1hertthee signatwe(s)an the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 17 1 (Place Notary Seal Here) ( A4%64XA �[ C NdI53 Pubic Notary Public Name(Printed or Typed)WAUE r�r 30 Co worn s 51708081 My Commission Exp1res:,0ft' 2 Notary Pubtic-Carnornlo Contra Cuta County r:orrm resDecZ.ZolO rim73(Ren oil 04x180 bilis lIWuvrbQyemM Exhibit "A LEGAL DESCRIPTION Real property in the unincorporated area of the County of Contra Costa, State of California, described as follows: LOT 2, BLOCK 1,AS DESIGNATED ON THE MAP ENTITLED PITTSBURG TERRACE, UNIT NO. 1, WHICH MAP WAS FILED IN THE.OFFICE OF THE RECORDER OF THE COUNTY OF CONTRA COSTA ON NOVEMBER 5, 1930, MAP BOOK 21, PAGE 604. APN: 094-026-005-2 .