HomeMy WebLinkAboutMINUTES - 08052003 - C.26 THE BOARD OF SUPERVISORS,AS THE
GOVERNING BODY OF THE CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 5, 2003,by at least a four-fifths vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND BESAULNIER
NOES: DONE
ABSENT: DONE
RESOLUTION NO. 2003/ 489
ABSTAIN: NONE (Gov't Code § 25363)
SUBJECT: ADOPT Resolution No. 2003/ 489 approving Notice of Intention to Sell the .Fire Protection
District's surplus real property identified as Assessor's Parcel No.071.-101-017 located at 2900 Lone
Tree Way. [CDD-CP#03-12]
Antioch Area
Project No. 7038-6X5199
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra.Costa County Fire
Protection District RESOLVES THAT:
The Board DETERINTINES that the parcel of improved land,acquired for fire protection purposes,described.
in the Notice of Intention to Sell Real Property attached hereto and incorporated herein,is surplus and not required
for public use.
The Board DECLARES its intention to sell said property under the terms and conditions contained in the
Notice of Public Land Sale for said property prepared by the County Real Property Division.
The Notice of Public Land Sale is APPROVED and the Real Property division is DIRECTED to post the
attached Notice of Intention to Sell Real Property in three (3)public places in the County for that period,pursuant
to Government Code Section 25353.
The Board sets Wednesday,September 10,2003,at 1:00 p.m.,at 255 Glacier Drive,Martinez,California,as
the time and place where oral bids will be received and considered.
OR--eh
0:\GrpData\RealProp\2003-Files\BOs&RES\BR Station 82 Antioch.doc I hereby Certify that this is a true and Correct
copy of an action taken and entered on the
Orig.Dept.: Public works(RP) minutes of the Board of Supervisors on the
Contact: O.Reynolds,Tel.313-2306 date shown.
cc: P/W Accounting
County Administrator ATTESTED: AUGI7ST 2003
Assessor
Auditor-Controller JOHN SWEETEN,Clerk of the Board of
Community Development Dept. Supervisors and County Administrator
T.Torres,Environmental,Eng.Services
Board Orders Senior Clerk,Adm. By a Deputy
RESOLUTION NO. 20031 489
..NOTICE OF INTENTION TO SELL REAL PROPERTY
(Government Code § 25363)
Contra Costa County Fire Protection District
The County Real Property Division will sell at public auction to the highest responsible
bidder, the ±10,000 square foot parcel improved with a ±.2,662 square foot Fire Station,
Zoned MCR, Mixed Use--Commercial/Residential in Antioch hereinafter described:
Assessor's Parcel No. 0710101-017 located at 2900 Lone Tree Way, Antioch.
The auction will be held in Conference Room "A", 255 Glacier Drive, Martinez,
California, on Wednesday, September 10, 2003 at 1:00 p.m.
Terms and Conditions of Sale are available at the office of the County Real property
Division, 255 Glacier Drive, Martinez, CA 94553; w-cvw.co.contra-costa.ca.us/depart/pw;
or may be requested by phone to be emailed by calling 313-2220.
The District reserves the right to reject any and all bids received.
The parcel will be sold "as is" and the purchaser assumes all risks and responsibility.
The parcel will be sold without warranty as to possible uses and the purchaser assumes all
risks and responsibilities.
JOHN SWEETEN
Clerk of the Board of Supervisors
And County Administrator
By A44 .
puty berk
G:\GrpData\RealProp\2003-Piles\03-6\BR.28 Station 82 Antioch.doc
6/1 7M
NOTICE OF
PUBLIC LAIC SALE
Option to Purchase5
Auction Sale
DATE: Wednesday, September 10, 2003
TIME: 1:00 P.M.
LOCATION: Public Works department
Conference Room A
255 Glacier Dr.
Martinez, CA 94553
PROPERTY LOCATION: 2900 Lone Tree Way, Antioch, CA
Cerner of Lone Tree Way and Putnam St.
PROPERTY DESCRIPTION: Former fire station built on a 10,000± square foot parcel. The
lot is zoned MCR. !Mixed Use - Commercial/Residential
(Contingent upon approval of use permit by City). The
improvements include a kitchen, office, living area, bedroom
area, large bathroom and large garage with two roll-up doors.
PROPERTY INFORMATION: Assessor's Parcel: 071-101-017.
Parcel size: 10,000± square feet encumbered with a 20 foot storm
drainage easement and traffic signal easement.
Building size: 2,662±square feet.
Zoning: MCR Mixed Use - Commercial/Residential
Contingent upon approval of use permit by City.
Utilities: Water, sewer, telephone, gas and electric.
THE BUILDING MAY BE INSPECTED ON AUG, 16, 2003 FROM 9 TO 11 AM, AUG. 20, 2003
FROM 12 —2 PM, AUG. 28, 2003 FROM 5:30 TO 7:30 PM AND SEPT. 6, 2003 FROM 9 r- 11 AM,
MINIMUM BIC, $325,000.00
OPTION DEPOSIT AMOUNT: $10,000 in the form of a certified check, cashier's check or money
order (no personal checks).
OPTION PERIOD: 45 days after acceptance of the bid by the
Contra Costa County Board of Supervisors.
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553
For additional information, call Olivia D. Reynolds, Assistant Real Property Agent at
(025) 313-2306, Monday through Thursday between 6:30 a.m. and 5:00 p.m.
G:\Grpbata\Rea3Prop\2003-Filest03.6tAucUonNetice Statlon Antioch.doc
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ORAL BIDDING
In order to participate in the bidding procedure a CASHIERS CHECK, CERTIFIED CHECK, OR
MONEY ORDER, in the amount of$10,000 must be deposited with the auctioneer prior to the start of
bidding. No exceptions.
Bidding will open at the$325,000 set bid and continue thereafter until the highest oral bid is finally accepted.
At the close of bidding, the highest bidder will be required to execute an "Option Agreement" and to leave
with the auctioneer their $10,000 non-refundable deposit in the form of a CASHIER'S CHECK CERTIFIED
CHECK OR MONEY ORDER,payable to Contra Costa County.
BID ACCEPTANCE
Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Beard
of Supervisors as governing body of the Contra Costa County Fire Protection District ("District") by
Resolution authorizing and directing the execution of the deed.
BID REJECTIONS
The District reserves the right to reject any and all offers and waive any informality or irregularity in any offer
or to accept any offer deemed in the best interest of the District,or to withdraw the property from the sale.
BIDDER DEFAULT
In the event that the high bidder falls to exercise his or her Option within the Option period or defaults in
completion of the sale,the District may, at its discretion,offer the Option to the second highest bidder. If the
second highest bidder accepts the offer, the deposit requirement and terms of Option to Purchase shall be
the same as stated in this notice of sale, except that the Option period shall commence upon acceptance by
the Board of Supervisors.
CLOSING TRANSACTION
Successful bidder will have the Option period of 45 days after bid acceptance to complete the transaction
under the TERMS OF OPTION TO PURCHASE,attached hereto.
In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the
sale of public property, then only that part or portion of this agreement so conflicting shall be amended to
conform with any applicable legal requirements at the time.
All District employees may bid to acquire surplus District property,except employees who have direct access
to information not generally available to the public or who influence the purchase or sale of right of way or
other real property.
THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE,BUT IS NOT GUARANTEED.
G:\GrpData\ReaiProp\OliviaNStaton 82 DlsposaWral Bidding.doc
313103
Parcel Number: 071-101-017 Optionee:
Project Name: Sale of CCCFPD Station 82,Antioch Address:
Project Number: 7038-6X0199
OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT AND THE
OPTIONEE NAMED HEREIN
(Not to be Recorded)
1. Recitals.
a. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a political subdivision of
the State of California, hereinafter referred to as the ("District"), is the owner of the
certain real property described In Exhibit "A" and shown on Exhibit "B" attached
hereto and made a part hereof, and further identified as APN 071-101-017,
hereinafter referred to as the "Property.,,
b. District proposes to sell the Property.
G. ("Optionee') desires to acquire
the exclusive right to purchase the Property at an agreed price and under the specific
terms and conditions below.
2. 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 ("Board"), as governing body of the District.
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the terms and
conditions in this Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or terminate
on the earliest of the following dates:
a. Option Term. Forty five (45) days following the Effective Date, unless during said
period District agrees in writing to extend the Option Period.
b. Extension of Option Period. District, In its sole discretion, shall have the right, but
not the obligation, to extend the term of the Option Term, under such terms and
conditions as District believes is reasonable, if District, in its sola discretion, believes
such extension is warranted. No such extension shall be effective unless and until it
is in writing signed by bath parties.
C. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
i
d. Purchase. The date that the Optionee acquires the entirety of the Property.
5. Consideration for Option.
a. Payment. As consideration for the Option granted under this Agreement, Optionee
agrees to pay District the sum of Ten Thousand Dollars ($10,000.00)upon the terms
and conditions outlined herein, said amount to be credited to the Purchase Price of
the Property ("Option Consideration"). The Option Consideration shall be paid before
the date this Agreement is approved by the Board. The Option Consideration shall
be paid at the Public Works Department, Real Property Division, 255 Glacier Drive,
Martinez, CA 94553, payable to the Centra Costa County Fire Protection District.
b. Retention of Option Consideration. Except as provided in Section 10 below, all
Option Consideration paid to or on behalf of District shall belong to District and be
retained by District,whether or not Optionee ultimately exercises its right to purchase
the Property. District shall have no obligation to account for the Option Consideration
to Optionee.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at District's option the sale may be
consummated through an escrow at a title company ("Title Company")to be selected
by District. In such case, Optionee hereby authorizes District to prepare and file
escrow instructions with said Title Company on behalf of Optionee in accordance
with this Agreement. Escrow shall be deemed to be closed and the Property shall be
deemed to be conveyed on the date the deed to Optionee is recorded ("Closing
Date"). All escrow fees, recording fees, documentary transfer taxes or other real
estate transaction taxes or fees, by whatever name known, including broker's
commission, if any, and personal property sales taxes where applicable, will be paid
solely by Optionee. If title insurance is desired by the Optionee, Optionee will be
solely responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price") for the Property during the
Option Term is the sum of
Dollars ($ ). All Option Consideration paid by Optionee shall be credited
to the Purchase Price of the Property. The Purchase Price shall be paid at the Public
Works Department, Real Property division, 255 Glacier Drive, Martinez, CA 94553,
payable to the Contra Costa County Fire Protection District.
C. Title; Grant Dead. The right, title and interest in the Property to be conveyed by
District pursuant to this Agreement shall not exceed that vested in the: District. If the
Optionee exercises its option, the Property shall be conveyed to Optionee subject to
all title exceptions, restrictions, easements, liens and reservations, whether or not of
record. The sale under this Option is subject to the approval of the Board. The
Optionee may not take possession of the Property until a deed from the District has
been recorded. If the Optionee exercises its Option, upon approval by the Board,the
District shall convey title to the Property to the Optionee by Grant Deed. It is
understood that Optionee acquires no right, title, interest or equity in or to said
Property until a Grant Deed to Optionee is recorded,
2
7. Exercise.
From and after the Effective Date, this Option may be exercised by Optionee's delivering to
District before the expiration of the Option Term, 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.
If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition.
District has not made and does not make any representation as to the physical condition of
the Property.
9. Flight of Entry.
During the term 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 times 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 costs
Incurred In connection with these activities or Optionee's investigation of the Property.
10. Informarlitles; Cancellation of Sale.
District reserves the right to waive any informality or irregularity on any offer or cancel the
sale at any time prior to recording of a deed. In the event of cancellation of sale by District,
through no fault, action or inaction of Optionee, all monies deposited shall be refunded
without payment of interest.
11. Notices.
All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed
delivered three (3)business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is effective
on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
3
(4) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally delivered.
b. The place for delivery of all notices given under this Agreement shall be as follows:
District: Contra Costa County
Public Works Department
Real Property Division
255 Glacier[give
Martinez, CA 94553
Telephone: (925)313-2306
Fax: (925) 313-2333
Optionee: (Name
(Address)
(Telephone)
or to such other addresses as Optionee and District may respectively designate by
written notice to the other.
12. Assignment, Successors and Third-Party Rights.
This Option and all 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.
4
15. Governing Law.
This Agreement shalt 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, Severability.
Should any term, portion or provision of this Agreement be finally decided to be in conflict
with any law of the United Mates 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 sale
or joint negligence of District, its agents, officers or employees, arising directly or indirectly
from or connected with the repairs or any present or future condition of the Property or use of
the Property which is the subject of this Agreement, or any representations,
misrepresentations or non-representations regarding its condition or use,and will make good
to and reimburse District for any expenditures, including reasonable attorneys' fees that
District may make by reason of such matters and, if requested by District, will defend any
such suits at the Optionee°s sale expense.
18. Survival.
All of the terms, provisions, representations, warranties and covenants of the parties under
this Agreement shall survive the close of escrow of the Property, shall be fully enforceable
after the Closing Date in accordance with their terms and shall not merge in the deed or
other documents following the delivery and recordation of said deed or other documents.
19. Negation of Optionee or Partnership.
No provision of this Agreement shall be construed as'making either party an agent or partner
of the other party.
20. Time of Essence.
Time is of the essence for the Option Agreement. if the Option is not exercised in the
manner provided in Section 7 before the expiration of the applicable Option Term, Optionee
shall have no interest in the Property and the Option may not be revived by any subsequent
payment or further action by Optionee.
5
29. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall be deemed a
waiver of any ether covenant or provision in this Agreement, and no waiver shall be valid
unless in writing and executed by the waiving party.
22. Amendment.
This Agreement may not be amended or altered except by a written instrument executed by
District and Optonee.
23. 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 FIRE OPTIONEE
PROTECTIOIN DISTRICT
s
By By
Chair, Board of Supervisors
ATTEST: John Sweeten,Authority By
Administrator and Clerk of the Board
of Supervisors
rl
By -
/ Deputy
APPROVED AS TO FORM
by County Counsel
June 6, 1997
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A-Legal Description
Exhibit B—Plat Map
G:\GrpData\ReaiProp\2003-Fiies%03-6\SA3a Sale Station 82 Antloch.doo
6116103
Contra Costa County Eire Protection District
Station 82 —2900 Lone Tree Way, Antioch, CA
APP 071-101-017
EXHIBIT "A"
PARCEL 1
Beginning at the northwest corner of Lot 10 as designated on the map entitled
"Lone Tree Heights, Unit No. 1, Contra Costa County, California", filed
September 10, 1937, in Volume 22 of Maps at Mage 640, in the office of the
County Recorder of Contra Costa County; thence from said point of beginning
along the north line of said Lot 10 North 870 &V East, 80 feet; thence leaving said
north line along a tangent curve to the right with a radius of 20 feet through a
central angle of 900 for an arc length of 31.42 feet; thence tangent to said curve
South 20 09' East, 80 feet to the south line of Lot 11 of said Subdivision (22 M
640); thence along said south line of Lot 11 South 87° 51' West, 100 feet to the
southwest corner of said Lot 11; thence along the west lines of said Lots 11 and
10, North 2° 09' West, 100 feet to the point of beginning. Containing an area of
0.228 acres of land more or less.
Excepting therefrom a storm drainage easement being the most westerly twenty
feet of said Lots 10 and 11 (22 M 640).
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