HomeMy WebLinkAboutMINUTES - 09142004 - C6 TO.
BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE:September 14, 2004
SUBJECT: AUTHORIZE the Public Works Director, or designee, to execute the Purchase and Sale
Agreement, ACCEPT the Grant Deed from Century Plaza Development Corporation, and
DETERMINE that the activity is not subject to CEQA pursuant to Article 5, Section 15061
(b) (3), in connection with the SR4 East at Somersville Road Project, Pittsburg area.
[CDD-CP 01-31] District V.
Project No.: 4660-6X4286 Task: ACID Account: 3540
SPECCIIF'IC REQUEST(S)OR RECOMMENDATION{S}&BACKGROUND AND JUSTIFICATION - - - -
(. RaCgltlt"1 andfid r11► ion:
A. FIND that the proposed acquisition will not have a significant effect on the environment,
and that it has been determined to be exempt from the California Environmental Quality
Act under State CEQA guidelines Section 15061 (b) (3); and DIRECT the Director of
Community Development to file a Notice of Exemption with the County Clerk, and
DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to
the County Clerk for filing and a $25.00 fee to Community Development for processing of
the Notice of Exemption.
B. APROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed from Century
Plaza Development Corporation dated August 25, 2004.
C. AUTHORIZE Public Works Director, or designee, to execute said Purchase and Sale
Agreement on behalf of the County.
Continued on Attachment:_.x._.. SIGNATURE:
—,eECC MMENDATION OF COUNTY ADMINISTRATOR
_,.,RECOMMENDATION OF BOARD COMMITTEE
APPROVE HER
SIGNATURE(S):
ACTION OF BOARSEPT= 14, APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS i hereby certify that this is a true and correct
xx UNANIMOUS(ABSENT NONE ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ASSENT: ABSTAIN date shown.
G:\GrpDatatRealProp12004-Files\BOS&RESNBO.Oz_CEwNTURYPtAZA_4288.doc ATTESTED:_ SEPTEMBER 1.4, 2004
Orig.Div: Public Works(RfP) JOHN SWEETEN,Clerk of the Board of
Contact: Donna Murdock {s1, ztsa} Supervisors and Count Administrator
Recording to be completed by Public works
cc: County Administrator Deputy
Auditor-Controller(via RIP) By
P.W.Accounting
Recorder(via RIP)
Board Orders Clerk Specialist,Adm.
Subject: SR4 East at Somersville Road Project
Date: September 14, 2004
Page: 2
11. RecammPndad Action: (Continued)
D. APPROVE payment of $ 397,270 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to First American Title Company, 1850
Mt. Diablo Blvd., Ste. 300, Walnut Creek, California 94596, Escrow No. 777469-LT to be
forwarded to the Real Property Division for delivery.
E. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in
the Office of the County Recorder.
IL Finanr_iai Impact:
Payment of $397,270 to be made from the SR4 East at Somersville Road Project funds which
are 100% reimbursable from Contra Costa Transportation Authority.
III. Reasons for Rer._ommandatinnn and Ra _krironnd:
These property rights are required for the SR4 East at Somersville Road Project in accordance
with the approved plans and specifications.
IV. ona yen __s of N _natio Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: }wren A. laws
Assessor's Parcel No. 074-460-xm
Title Co. Order No. 777469cc
GRANT DEED
For Value Received, receipt of which is hereby acknowledged,CENTURY PLAZA DEVELOPMENT
CORPORATION, a California Corporation
GRANT(S)to
CONTRA COSTA COUNTY, a political subdivision of the State of California,
the following described real property in the City of Pittsburg, California in the County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF.
Date: huo tLS f OQ GRANTOR:
CENTURY PLAZA DEVELOPMENT
CORPORATION
By: :___.•-
Title: EXecuhye, Vice - Residerit
B 4- a
Title:
G:\GrpData1ReaJProp\FORMS\DE.Ola—CENTURYPLAZA.doc
ATTACH APPROPRIATE ACKNOWLEDGMENT
LEGAL DESCRIPTION
Real Property in the City of Pittsburg, County of Contra Costa, State of
California,described as follows:
Lots A and B, as shown on Subdivision 8177, filed on June 22,2001,Map Book
431, at Page 49, Contra Costa County Records.
EXHIBIT A
STA'T'E OF CALIFORNIA )
} ss.
COUNTY OF CONTRA COSTA)
On this 25`x' day of August,2004,before me Carolyn Dianne Wofford,Notary Public", in
and for the State of California, personally appeared Albert D►. Seeno,Jr. and
Kathleen M.Blackard,personally known to me(or proved to me on the basis of
satisfactory evidence) to be the person(s)whose name(s)iglr bscribed to the within
instrument and acknowledged to me that hels he executed the same in hislh their
authorized capacity(ies), and that his/hetheir s gnature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal: CAl1OWN OWNWOFFORDIt7COUNr` comm. 1 �
NOTARY PUBLIC,CONTRA COSTMy Comm.Expirea
My co ission expires Sept e' 24, (Sear of Notary)
Parcel Number: 074-460-xxx Grantor: Century Plaza Development Co.
Project Name: Century Plaza Protection Acquisition Address: 4021 Port Chicago Highway
Project Number: 4660-6X4288 Concord, CA 94524-4113
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County, a political subdivision
(hereinafter "County") and Century Plaza Development Corporation, a California Corporation
(hereinafter"Grantor").
RECITALS
Grantor is the owner of approximately 17,000 square feet of unimproved real property located in
the City of Pittsburg, 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 County's
Governing Board. This Agreement is effective on the date approved by the County's
Governing Board ("Effective Date"). This Agreement will be submitted to the Grantor first
for approval, and thereafter to the County.
2. Purchase a nd S ale. Subject to the terms and conditions in this Agreement, Grantor
agrees to sell and County agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be T hree H unfired N inety
Seven Thousand and Two Hundred Seventy and 00/100 Collars ($397,270,00)("Purchase
Price") paid by County to Grantor, in cash, on the date of close of escrow.
3.1. All non-delinquent ad valorem real property taxes and any penalties and costs
thereon, and all installments of any bond or assessment that constitutes a lien on
the Property shall be cleared and paid by Grantor as of the date title shall vest in
County by the recordation of the deed herein pursuant to Sections 4986, 5082, and
5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
4. Conditions to County's Performance. The County's obligation to perform under this
Agreement is subject to the following conditions:
4.1. Grantor's representations and warranties in this Agreement being correct as of the
date of this Agreement and as of the Close of Escrow.
4.2. Grantor's performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the County by grant deed in fee simple
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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 July 19, 2004, issued by First American
Title Guaranty Company:
A. Covenants, conditions, restrictions and reservations of record, listed as
exceptions 3 and 6.
B. Easements or rights of way of record over said property, listed as
exceptions 2, 4, 5, 7 and 11.
4.4. First American Title Company's being prepared to issue a C LTA title insurance
policy in the full amount of the purchase price, subject only to the Approved
Exceptions ("Title Policy").
If County determines that any of these conditions have not been met, County 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, County and Grantor establish an escrow("Escrow")with
First American Title Company, 1850 Mt. Diablo Blvd., Ste. 300, Walnut Creek, California,
94596; Aftn. Liz Treangen, Special Projects Officer, their Escrow No. 777469-LT ("Title
Company").
5.1. Fees a nd T itle I nsuranca. T he C aunty shall pay all escrow and recording fees
incurred in this transaction and, if title insurance is desired by the County, the
premium charged therefor.
5.2 Granter's D aposit into E scr w. O n or before the Close of Escrow, Grantor will
deliver into Escrow with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of
Grantor, in a form approved by County ("Grant Deed") conveying to County
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 County has agreed in writing are to remain in effect after
County takes title.
C. Grantor's affidavit of nonforeign status as contemplated by Section 1445 of
the Internal Revenue Code of 1986, as amended [26 USCA §1445)
("FIRPTA Affidavit"); and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code §
18662 ("Withholding Affidavit").
E. A grant deed, in recordable form and properly executed on behalf of Albert
D. Seeno Construction Co., an affiliated entity of Grantor, in a form
approved by County ("Power Avenue Grant Deed") conveying to County
that certain real property located in the City of Pittsburg, Contra Costa
County, the legal description of which is attached hereto as Exhibit"B".
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6.3. Dapnsit of Purchage Price Into Escrow by Cast*. Prior to the Close of Escrow,
County will deposit the Purchase Price into escrow with the Title Company.
5.A. Close of fes. Escrow shall close within thirty (30) days from the Effective Date
hereof. On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the County care of Karen A.
Laws, Real Property Agent for the County (which shall be deemed delivery
to the County);
B. Issue the Title Policy, if requested to do so by the County;
C. Prorate taxes, assessments, rents and other charges as provided by this
Agreement;
D. Disburse to the Grantor the Purchase Price, less prorated a mounts and
charges to be paid by or on behalf of Grantor;
E. Prepare and deliver to the County and to the Grantor 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 Grantor and the County and retain all funds and
documents pending receipt of further instructions from Grantor and County.
6. Grantor's Representations and Warranties. Grantor makes the following
representations and warranties to the best of Grantor's information and belief with the
understanding that these representations and warranties are material and are being relied
upon by County. Grantor represents and warrants to the County that the following
representations and warranties are accurate as of the date of this Agreement and shall
remain accurate through the Close of Escrow:
6.1. Marketable Tifle. Grantor is the owner of the Property and has marketable and
insurable fee simple title to the Property clear of restrictions, leases, liens and other
encumbrances, subject only to the Approved Exceptions. No leases, licenses, or
other agreements allowing any third party rights to use the Property are or will be in
force unless prior consent has been given by the County in writing. Commencing
with the full execution of this Agreement by both p arties a nd u ntil t he C lose o f
Escrow, Granter shall not permit any liens, encumbrances or easements to be
placed on the property other than the Approved Exceptions, nor shall Grantor enter
into any agreement that would affect the Property that would be binding on the
County after the Close of Escrow without the prior written consent of the County.
6.2 Condition of Property. Grantor has disclosed to the County all information, records
and studies maintained by Grantor in connection with the Property concerning
hazardous substances and that Grantor is not concealing any knowledge of the
presence of contamination or hazardous substances on, from or under the
Property.
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6.3 other Matters Affecting Property. To the best of Grantor's knowledge, there are
not presently any actions, suits, or proceedings pending or, to the best of Grantor's
knowledge, threatened against or affecting the Property or the interest of Grantor
in the Property o r i is u se t hat w ould a fleet G rantor's a bility t o c onsummate t he
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 Grantor's knowledge there are not presently
any pending or threatened condemnation, eminent domain or similar proceedings
affecting the Property. Grantor shall promptly notify County of any of these
matters arising in the future.
6.4 Grantor's Agency. That this Agreement and all other documents delivered prior to
or at the Close of Escrow have been authorized, executed, and delivered by
Grantor; are binding obligations of the Grantor; and are collectively sufficient to
transfer all of Grantor's rights to the Property.
In addition to any other remedies that may be available to the County as the result of a
breach of any of the foregoing warranties or representations, Grantor agrees to defend
and hold the County harmless and reimburse the County 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. County's Representations and Warranties. County warrants that, upon approval of this
Agreement by the County's governing body, this Agreement shall constitute a binding
obligation of the County.
8. Hazardous Material Use
The Grantor hereby represents and warrants that during the period of Grantor's
ownership of the property, that to the best of Grantor's knowledge, there have been no
disposals, releases or threatened releases of hazardous substances or hazardous
waste on, from, or under the property. G rantor further represents a nd warrants that
Grantor 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 Grantor 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 County 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 County
at the Close of Escrow.
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:<.
11. Assignment and Successors. The County shall have the right to assign all rights and
liabilities cinder this Agreement to any party.) This Agreement shall inure to the benefit of
and shall be binding upon the parties to this Agreement and their respective heirs,
successors, and assigns.
12, 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:
Grantor. Century Plaza Development Corporation
4021 Port Chicago Highway
Concord, CA 94520
Telephone: (925)671-7711
Attn.Albert D. Seeno Jr.
Copy to: Same as above
Attn. Jeanne C. Pavao
County:
Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2228
Attn: Karen A. Laws
or to such other addresses as County and Grantor may respectively designate by written
notice to the other.
13. 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 County of all further obligation or claims on this account. Grantor has no
other right or claim to compensation arising out of or connected with the acquisition of the
subject property by the County, except as specifically set forth in this Agreement, including
but not limited to all claims for compensation for improvements pertaining to realty, all
claims f or c ompensation f or f fixtures, a quipment o r m achinery, a ttomeys' fees, costs or
damages of every kind and nature by reason of County's acquisition of the subject
property.
14. 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.
15. Further Assurances. Whenever requested to do so by the other party, each party shall
execute, acknowledge and deliver all instruments and documents as may be reasonably
necessary, expedient, or proper in order to complete the sale and purchase of the
Property as contemplated by this Agreement.
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16. 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
17. 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.
18. Governing Law and Venue. This Agreement shall be governed and construed in
accordance with California law. The venue of any litigation pertaining to this Agreement
shall be Contra Costa County, California.
CONTRA COSTA COUNTY GRANTOR
CENTURY PLAZA DEVELOPMENT
CORP.
RECOMMENDED FOR APPROVAL:
B
By Its E
Real Property Agent
By
B
Principal Rea roperty Agent Its
n
Date A ufju-s+
APPROVED: (Dat gned by Grantor)
r ,
By
ublic Works Directory £.
Date:—:L'
,{� i
(Date of Ooard Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
(FORM APPROVED BY COUNTY COUNSEL 6/99)
KAL:eh
G:1GrpDatalRealProp\2004-Files104-81AG.12a Century Piaza.doc
4/5/04
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LEGAL DESCRIPTION
Real property in the City of Pittsburg, County of Contra Costa, State of California,
described as follows:
Lots A and B, as shown on Subdivision 8177, filed on June 22, 2001, Map Book 431, at
Page 49, Contra Costa County Records.
CONTRA COSTA COUNTY
255 Glacier Drive
Martinez, California 94553
AMENDMENT TO AGREEEMENT FOR REAL PROPERTY SERVICES
1. EFFECTIVE DATE AND PARTIES. Effective on September 14, 2004, Contra
CostaCounty (herein called "PUBLIC AGENCY'), and Burchard & Reinhart,
formally known as Roland H. Burchard &Assoc., (herein called "CONSULTANT"),
mutually agree as follows:
2. PURPOSE. The parties desire to amend the contract they entered into, effective
June 15, 2001, entitled "Agreement for Real Property Services",to provide payment
for additional work furnished to the Public Agency,
3. AMENDMENT. Said agreement is hereby amended as follows:
1. e. Payment Limit: Increase the payment limit by$50,000 for a new maximum
payment limit of$175,000.
4. EFFECT. Except for the amendment agreed to herein, said contract remains in full
farce and effect.
IN WITNESS WHEREOF, this Agreement has been executed, in triplicate by and on behalf
of the parties hereto, the day and year first above written.
Contra Costa County Consultant -
Burchard & Reinhart
B � -
y y
aurice M. Shiu Rol nd H. Bur and
Burchard & Rinehart
1350 Treat Blvd., Suite#280
Public Works Director Walnut Creek, CA 94596
RECOMMENDED FOR APPROVAL:
By
ri ea Property Agent
gA datatreaiprop12004-Files\8-041AG24aBurchard.doo
.......I..........................I'll, .....................................................................................................................
................................................................................................................................................
................................................................................
State of California
County of Contra Costa
On &
before me,N�6;
a Deputy Clerk Wf the Board of 3-upervisors, Contra Costa 6ebnty, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
�'A i are subscribed to the within instrument and acknowledged to
person )whose name"
me tha she/they executed the same irK�hioherttheir authorized capacity's and that
b<hi 'h their ignature(s)on the instrument, the person%, or the entity upon behalf of
w fhic�' "N
hic the person acted, executed the instrument.
In witness whereof, I have hereunto set my hand the day and year first above written.
Signature SDA -''
D4uty Clerk
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