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HomeMy WebLinkAboutMINUTES - 01311984 - 1.12 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 'Adopted this Order on januarX 31- 1984 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson NOES: None ABSENT: None SUBJECT: - Authorize the Public Works Director to Advertise for Proposalsto Develop Airport Center Executive Park, Buchanan Field Airport, Concord, California. The Public Works Director has advised that on May 12, 1981, the Board authorized a market and feasibility study and initiated a series of planning steps to develop two non-aviation parcels located on Buchanan Field Airport. On January 10, 1984, the Contra Costa County Planning Commission certified the Environmental Impact Report prepared for the Buchanan Field General Plan Amendment required for the rezoning of these parcels, and these planning documents will be submitted to the Board for public hearings . and for Board review and approval within 60 days. The Public Works Director recommends that the County solicit proposals for the development of the 13-acre parcel located on the northeast corner of John Glenn Drive and Concord Avenue, now designated as Airport Center Executive Park, pending final approval of the planning documents by the Board. IT IS BY THE BOARD ORDERED AS FOLLOWS: THIS BOARD: 1. AUTHORIZES the Public Works Director to proceed with the marketing of the project and to advertise for proposals for submission to the County by June 15, 1984; 2 . FINDS the Buchanan Field Airport Policy and Standards for Development is not applicable for the proposed development of this non-aviation site and hereby EXCEPTS the site from regulation under said policy. This Board further ORDERS that evaluation of development proposals shall be accomplished .i n accordance with the planning and selection criteria contained in the Notice and Proposal Package prepared for the Airport Center Executive Park project. 3. FURTHER AUTHORIZES the Public Works Director to establish a Selection Committee to assist the Director in evaluating development proposals and in -preparing a recommendation to the Board. 4. ADOPTS the policy and procedures for payment of a real estate broker's commission for Airport Center Executive Park in accordance with Exhibit "A", attached hereto. The commission payment shall be funded entirely from the sale of an option to lease on the Airport Center site. Approval of the above is with the understanding that the Public Works Department will include in the proposal brochure correct information as to the current status of the environmental impact process . I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of:upery u�ro or. :he date shown. ATTESTEM: IQ R Y Orig. Dept.: Public Works Department-L/M .3.R. OLsa6c'NL UHTV CLERK cc: Public Works Accounting (via L/M) aR� ex officio Cia k of the Board Buildings. and Grounds vi a L/M) County Administrator County Auditor-Controller (via L/M) BY , Deputy County Counsel (S. Marchesi) �. ArptCtrBO24.t1 EXHIBIT "A' POLICY AND PROCEDURES FOR PAYMENT OF COMMISSION FOR AIRPORT CENTER EXECUTIVE PARK For the purpose of developing Airport Center Executive Park on Buchanan Field Airport, Concord, California, the Board of Supervisors of Contra Costa County adopts the following policy. Real estate brokers, licensed as such by the State of California, hereinafter referred to as "Broker" , can be of assistance to the County in securing a suitable lessee to develop the site and to assist in the negotiation, financing, and consummation of an acceptable Option and Lease. The Board hereby offers and will pay to Broker representing the successful lessee a commission for his services subject to the following terms and conditions: A. Broker registers the proposed lessee prior or concurrent with the submission of a proposal by presenting to the County a letter from an authorized official of the client designating the Broker to exclusively represent its interest; B. Broker actively represents the lessee ultimately selected under the County's selection process and assists in the negotiation of the Option and the long-term Lease for development of the site; C. The County will pay a commission to the Broker representing the successful lessee only upon the occurrence of each of the following events: 1. $25,000 upon approval of the Option to Lease by the County. 2. $75,000 upon approval of the Lease by the County. 3. $150,000 upon completion and acceptance of the construction project and receipt of the first full month's ground rent following such completion. D. In the event the lessee,elects to phase the project, the County shall pay a prorated commission based on the area developed as compared to the entire ultimate project. The balance of the 1 0. commission due shall be paid only on completion of :the remainder of the project by Broker's client in the same manner as provided hereinabove. The proration of the commission shall not be applicable to the payment set forth in Paragraph C.1 above. E. No commission shall be paid if the Broker has a financial interest in the lease transaction other than his commission or where the Broker is or has been an officer, -director, partner or employee of the client or any employee of the County during the thirty-six (36) months preceding the submission of the proposal. Broker shall affirm compliance with this paragraph at time of registration of client. F. If a party has previously contacted the County with regard to a lease for the development of the property or if the lessee selected is located through the County's own marketing program, or if the -County concludes the Broker has not actively represented the lessee in the successful negotiation and consummation of the Option and Lease, the County reserves the right to decline to pay a commission to the Broker allegedly representing such party. G. The Board reserves the right to withdraw or amend the offer contained in this policy at any time by publishing a notice of such withdrawal or amendment or by giving notice to those who have proposal packages or by withdrawing the offer to lease the Airport Center site. 2