HomeMy WebLinkAboutMINUTES - 08031999 - C22 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 3,1 999, by the following vote:
AYES: SUPERVISORS MIA, UILKI A, GERBER, DIESAMNIER, AND CANICT
ICES; NONE 392
RESOLUTION NO. 99f )
ABSENT: NONE (GOV. CODE § 25363)
SUBJECT: Sale of Fire Protection District Surplus Real Property
1 450 Babel Lane
Project No.7300-6X5139
Concord Area
The Board of Supervisors of Contra Costa County, as the Board of Directors of the
Contra Costa County Fire Protection District, RESOLVES THAT:
The Board by Resolution No. 99/300 dated June 15,1999, determined that the
District owned parcel described in the Notice of Public Land Sale attached to said
Resolution was surplus and that it was not needed for public use.
The Notice of Public Land Sale set 2:00 p.m. on July 20, 1999, at 255 Glacier Drive,
Martinez, CA., as the time and place where oral bids would be received and considered.
The highest bid received for the property, in accordance with the terms and
conditions of sale approved by this Board was $600,000 by Discovery Builders, Inc., at
which time the amount of $20,000 was deposited as an option-bid deposit to secure
completion of the transaction.
The Board APPROVES the Option Agreement with Discovery Builders, Inc. and the
Board Chair is AUTHORIZED to execute said Agreement. The Public Works Director is
AUTHORIZED to execute any necessary extensions provided for in said Agreement.
Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to execute
a grant deed to Discovery Builders, Inc., and cause said deed to be delivered upon
performance and compliance by the purchaser of all terms and conditions set forth in the
Agreement.
I hereby certify that this is a true and correct
PSI.,)
AGrpData\ReetProp\199e-Hes\s9-7\BR7-aabe1Ln.doe cosy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig.Dept.: Public works(;/P) date shoran.
Contact. Pat Smyers(393-2222) A17EST ED: AUGUST 3, 1999
cc: County Administrator PHIL BAT'HEL OR,Clerk of the Board of—
Auditor-Controller Supervisors and County Administrator
Assessor
Public Works AccountingBy � p �°
�� , Cae u.
Recorded at the request of:
Discovery Builders, Inc.
Return to:
Discovery Builders, Inc.
4021 Port Chicago Highway
Concord, CA 94624
Assessor's Parol leo. 132-0104006
GRANTDEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a county fire protection district,
organized pursuant to Health & Safety Codes § 13601, et seq.
Grants to Discovery Builders, Inc., a California corporation, the following described real
property in the unincorporated area of the County of Contra Costa, Mate of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF,
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
Dated /4" By
and of Supervisor
STATE of CALIFORNIA
COUNTY OF CONTRA COSTA
On_ �Clerk
before mer
zhiE Batchoard ofr, a
Supervisors and County Administrator,Contra
Costa'%'.'Ovgty,perso all appease s
who is '
par nil . no to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose
names) islare subscribed to the within instrument and
acknowledged to ire that helshelihey executed the
same in hislherltheir authorized capacity(les), and that
by his/he,/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the per- ;
sons)acted, executed the instrument.
Deputy Clerk
Pears
G:Gm-DaWReelP:op�46S&-Fi�as195-75DE.3?ti9,i_Discovs:yBus�d.d reared
i"n 07I261D9
m .
EXHIBIT sad$4i
Lot 16, as shown on the Map entitled, "Map of Greenfield Tract, Contra Gaeta County,
California", fled on July 1, 191in Book 12 of naps, at Page 276, Contra Costa County
Records.
Assessor's parcel No: 132-010-006
24. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the matters
set forth, and expressly supersedes all previous or contemporaneous agreements,
understandings, representations or statements between the parties respecting this matter.
CONTRA COSTA COUNTY OPTICNEE
FIRE PROTECTION DIS RICT
;d
y
ai o f Supervisors
EST: Eatcheior,Authority m
drninistrator and Clerk of the JDOA"`
Board of Supervisors
Ey:
Deputy
APPROVED AS TO FORM
Ey;
District Counsel
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A-Legal Description
G:\RealFropt'I ac9r9_FilestO�9-V%FireProtect o.doc
June 7, 1999
7
3 2s
OPTION AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
AND THE OP TIONEE NAMED HEREIN
1, Recitals.
a. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a county fire protection
organized pursuant to Health & Safety Code § 13801, et seq., ("District")is the owner of the
certain real property described in Exhibit"A"attached hereto and made a part hereof, and
further identified as A.PX 132-010-006, a vacant parcel of approximately 2.37±acres,
located at 1450 Babel Lane,Concord, hereinafter referred to as the"Property.*
b. District proposes to sell the Property.
C. 1 60" -Optionee°)desires to acquire the exclusive right to
purchase the Property at an agreed price and under the specific terms and conditions below.
. Effective Date.
The effective date of this Option shall be the date that this Option is approved by the Contra
Costa County Board of Supervisors, as governing body of the District.
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the term, s and
conditions in this Option Agreement.
4. Term of Option.
The terra of this option shall commence on the Effective Date and shall expire or terminate
on the earilest sof the following dates:
a. Option Period. Forty five (45)days following the Effective Date, unless during said
period District receives from Optionee written notice that Optionee wishes to extend
the Option period.
b. Extension of Option Period. District, in Its sale discretion, shall have the right,but
not the obligations, to extend the terra of the Option Period under such terms and
conditions as District believes is reasonable, If District, In its sole discretion, believes
such extension is warranted. No such extension shall be effective unless and until it
Is in writing signed by both parties.
C. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
d. Purchase. The date that the Optionee acquires the entirety of the Property.
7. Exercise,
From and after the Effective Date, this Option may be exercised by Optionee's delivering to
District before the expiration of the applicable Option "herrn, written notice of the exercise
("Exercise Notice") and payment of the Purchase Price to the District.
8. Condition of the Property.
Neither District, nor its agents or employees have made any warranty, guarantee or
representation concerning any matter or thing affecting or relating to the property nor does it
assume any responsibility for the conformance to codes or permit regulations of the city or
District within which the Property is located.
Optionee warrants that Optionee is a sophisticated owner and developer of real property,
Nmillar and experienced with requirements for development of real property. If Optionee
exereses this Option, Optionee will accept the Property in an 'as os" condition. District has
not made and doses not make any representation as to the physical condition of the property.
Optionee has or will conduct an independent investigation with respect to zoning and
subdivision laws, ordinances, resolutions and regulations of all governmental authorities
having jurisdiction over the Property, and the use and improvement of the property. District
has not made any representation regarding any of these matters.
Optionee hereby releases District, its agents, officers and employees, and any other person;
involved in any way with the repair of the property or sale of the Property€turn any claire
resulting from any present or future condition of the property, Including any claire for loss
resulting from, contributed to, or aggravated by, earth movement. Optionee understands and
agrees that if Optionee exercises this Option, the following clause will be included in the
deed to the buyer:
"it is mutually agreed and understood that this property may be
subject to soil instability and that the Grantee(s)for themselves and
their successors or assigns, hereby waive any and all claims €oor
damages from further earth movement or soil instability which may
occur because of prior actions by Contra Costa County, the Contra
Costa County Fire Protection District, their respective officers,
contractors, agents and employees, or any other person or entity."
g. Right of Entry. luring the terra of this Option and prior to the Closing Date, Optionee, its
agents, contractors and employees, shall have the right to enter the Property at all
reasonable tunes for the purpose of performing reasonable tests, engineering studies,
surveys, soil and environmental tests and other tests, surveys, studies, and investigations of
the Property as Optionee determines necessary or desirable. Optionee will defend,
indemnify and hold District harmless from any claim, loss or liability in connection with any
entry by Optionee, its contractors, agents and employees and Optionee will be solely
responsible for all coasts Incurred In connection with these activities or Optionee's
investigation of the Property.
3
12. Assignment, Successors and Third-Party Rights.
This Option and 211 rights under this Agreement shall be freely assignable.This agreement
shall be binding on and inure to the benefit of the parties, and their respective heirs,personal
representatives, successors and assigns. Nothing in this Agreement, express or implied, is
intended to confer on any person,other than the parties and their respective successors and
assigns, any rights or remedies under or by reason of this Agreement.
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 have 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.
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. Governing Law.
This Agreement shall be governed and construed in accordance with California Law. The
venue for any legal action pertaining to this Agreement shall be Contra Costa County,
California.
16. Severabillty.
Should any term,portion or provision of this Agreement be finally decided to be in conflict
with any law of the United States or of the State of California,or otherwise to be
unenforceable or ineffectual, the validity of the remaining parts,terms, portions or provisions
of this Agreement shall be deemed severable and shall not be affected thereby, provided
that such remaining parts, terms, portions or provisions can be construed in substance to
constitute the Agreement that the parties Intended to enter into in the first instance.
17. Indemnification.
As partial consideration for this Agreement, Optionee shall defend, indemnify,protect,save
and hold harmless District, Its officers, agents, and employees, from any and all claims,costs
and liability for any damages, sickness, death or injury to persons or property, including
without limitation all consequential damages,from any cause whatsoever, including the sole
or joint negligence of District, Its agents, officers or employees, arising directly or indirectly
from or connected with any present or future condition of the Property or use of the Property