HomeMy WebLinkAboutMINUTES - 11132012 - C.62RECOMMENDATION(S):
APPROVE the conveyance of real property to the City of Richmond at 256 24th Street (APNs 515-291-013,
515-291-014, and 515-291-017), in accordance with the Real Property Transfer Agreement and pursuant to
Government Code Section 25365.
DECLARE that this Board on October 23, 2012, approved a Notice of Intention fixing November 13, 2012 at 9:30
a.m., or thereafter, in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the
time and place where it would meet to convey the real property described therein to the City of Richmond. Said
Notice was duly published in the Contra Costa Times in compliance with Govt. Code Section 6061.
DETERMINE said property to be surplus and no longer necessary for County purposes and is required by the City of
Richmond (City) for municipal uses.
AUTHORIZE the Public Works Director, or designee, to execute the Real Property Transfer Agreement on behalf of
the County.
AUTHORIZE the Chair, Board of Supervisors to execute a Grant Deed on behalf of the County.
DIRECT the Real Property Division of the Public Works Department to cause said Grant Deed to be delivered
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/13/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Debra K, Baker,
313-2224
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 13, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 62
To:Board of Supervisors
From:Julia R. Bueren, Public Works
Date:November 13, 2012
Contra
Costa
County
Subject:APPROVE the Conveyance of Real Property to the City of Richmond, Richmond area. Project No. TX5884
RECOMMENDATION(S): (CONT'D)
to the City for recording in the office of the County Recorder.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
County is the owner of approximately 0.42 acres of improved real property located at 256 24th Street in the City
of Richmond (APNs 515-291-013, 515-291-014 & 515-291-017) (Property), and is improved with a 7000 square
foot building built in 1948 that is currently vacant. The Health Services Department Mental Health Division
occupied the premises until 2008, and the Property has remained vacant since 2008. It is surplus to the County’s
current needs and needs significant remodeling and rehabilitation prior to any County use.
The Employment and Human Services Department, Zero Tolerance for Domestic Violence Initiative, has been
working to develop a new location for the West Contra Costa Family Justice Center (WCCFJC) as part of a
collaborative effort with community service providers. The City is one of the partners’ within the WCCFJC. The
City desires to make a significant capital investment of more than $1,300,000, to either substantially renovate,
replace, or renovate and expand the existing building on the site to provide for a multi-service center for victims
of domestic violence, sexual assault, child abuse, stalking, and human trafficking purposes or municipal uses for
the benefit of the people of Contra Costa County. The Tides Center, a California 503(c)(3) corporation, has been
selected by the Project Advisory Committee to provide project management and management of the WCCFJC.
The County has agreed to transfer title to the Property to the City subject to several specific conditions further
described in the Real Property Transfer Agreement, including the City’s commitment to provide for the WCCFJC
or municipal uses of the Building.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not be able to convey the Property to the City and the County would continue to own the
vacant Property which needs to be renovated and remodeled prior to occupancy for County purposes.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
ACCEPTED the revised Real Property Transfer Agreement documents into the record and APPROVED staff
recommendations as presented.
ATTACHMENTS
Exhibit A
Property Transfer Agreement
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT NOTICE OF
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT NOTICE OF INTENTION TO CONVEY REAL PROPERTY
The Board of Supervisors of Contra Costa County declares its intention to convey to the City of Richmond 256
24th Street, Richmond, California with a building containing approximately 7000 square feet of floor space on
approximately 0.42 acres of land and more particularly described in Exhibit "A" attached hereto. The Board
Order dated October 23, 2012 declares that the Board will meet on November 13, 2012 at 10:00AM or
thereafter, in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, to
consummate the conveyance. CCT# 4659539 Oct. 30, 2012
Appeared in: Bay Area News Group on Tuesday, 10/30/2012
Public Notice Print http://www.mypublicnotices.com/PublicNotice/Popups/PrintNotice.asp?...
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Parcel Number: 515-291-013, 515-291-014 & 515-291-017 Grantee: City of Richmond
Project Name: Transfer of Richmond Clinic Address: 256 24th Street
Project Number: WO550A Richmond, CA 94804-1804
REAL PROPERTY TRANSFER AGREEMENT
BETWEEN
CONTRA COSTA COUNTY
AND THE
CITY OF RICHMOND, CALIFORNIA
This agreement (“Agreement”) is entered into by and between Contra Costa County, a
political subdivision of the State of California (hereinafter “County”), and the City of
Richmond, California, a municipal corporation and charter city operating under the laws of
the State of California, (hereinafter “City”).
R E C I T A L S
A. County is the owner of approximately 0.42 acres of improved real property located at
256 24th Street in the City of Richmond in Contra Costa County, California, and
described on Exhibit “A,” attached hereto and incorporated herein by reference,
(APNs 515-291-013, 515-291-014 & 515-291-017). The real property contains a
7000 square foot building (“Building”) built in 1948 that is vacant and owned by the
County. The real property described in Exhibit “A,” including the Building and other
improvements thereon, are collectively referred to herein as the "Property.”
B. The City desires to make a significant capital investment to either substantially
renovate, replace, or renovate and expand the existing building on the site to provide
for a multi-service center to be known as the West Contra Costa Family Justice
Center (“WCCFJC”) for victims of domestic violence, sexual assault, child abuse,
stalking, and human trafficking (the “Primary Use”) or other municipal use for the
benefit of the people of Contra Costa County (the “Municipal Use”)
(hereinafter, the “Improvements”). The Conceptual Design Study dated December
2010 by Shah Kawasaki estimated the cost of Improvements at $1,306,974 which
does not include soft costs such as project management, permits or contingencies.
As a material inducement to the County to enter into this Agreement, the City has
stated that it will spend at least that amount on the Improvements.
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C. Before making its investment, the City has requested title to the Property. County
has agreed to transfer title to the Property to the City subject to several specific
conditions further described in this Agreement, including the City’s commitment to
provide for the Primary Use or Municipal Use for a period of twenty-five (25) years
from the Close of Escrow set forth in Section 8 (the “Deed Restriction Period”).
D. It is understood that the Property being acquired has been previously used as a
County mental health clinic.
E. There is contamination of the soil and/or groundwater on the Property emanating from
2500 Macdonald Avenue, Richmond, APN 515-292-021. One monitoring well, SG-4,
is currently installed and the California Regional Water Quality Control Board has
requested an additional monitoring well, MW -19, be installed on the Property on APN
515-291-014. Both monitoring wells are paid for and the responsibility of the owner of
2500 Macdonald Avenue, Richmond.
F. The City has agreed to lease the building to The Tides Center, a California 503(c)(3)
corporation (“The Tides Center”) as a third party fiscal sponsor for the WCCFJC for
$1 per year for the term of the City/Tides Lease (as defined in Section 4).
The purpose of this Agreement is to transfer the County’s rights and obligations
regarding the Property to the City, and to establish certain ongoing obligations of the City
regarding the facility, which together shall be referred to herein as the “Transfer”.
A G R E E M E N T
NOW THEREFORE, in consideration of the agreements herein contained and for other
good and valuable consideration, the receipt and adequacy of which is 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 Board of Supervisors (the “Board”) and the Richmond City Council (the
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“Council”) , and shall be effective when approved by both the Board and the Council
(“Effective Date”).
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, County
agrees to convey and City agrees to accept the Property.
3. Consideration. The consideration for the transfer of the Property by County to the
City shall be the specific performance of the following conditions by the City:
3.1 The City shall operate and maintain the Property for the Primary Use or
Municipal Use during the Deed Restriction Period.
3.2 The City enters into the City/Tides Lease by January 31, 2013.
3.3 As partial consideration for this Agreement, City hereby releases and
discharges County and its employees, agents, attorneys, officers, divisions,
related agencies and entities, affiliates, successors and assigns, from any
and all claims, demands, causes of action, obligations, damages and
liabilities, which City now has or could assert in any manner related to or
arising from the condition of the Property, including the Building, the
presence of any hazardous substance in or around the Property, the
County’s ownership of the Property, this Agreement or activities taken by the
parties pursuant to this Agreement, the City’s acquisition of the Property, and
the present or future use of the Property. City knowingly waives the right to
make any claim against the County for such damages and expressly waives
all rights provided by section 1542 of the California Civil Code, which
provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.”
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4. City’s Obligations. Prior to the Close of Escrow, the City and The Tides Center
will execute a mutually acceptable lease agreement (herein, the “City/Tides
Lease”), setting forth all terms and conditions related to the occupancy, use,
maintenance, and operation of the Building, setting forth all terms and conditions
related to the occupancy, use, maintenance, and operation of the new or renovated
building, and will deposit the City/Tides Lease into Escrow. The City/Tides Lease
will be executed prior to the Close of Escrow, with the City/Tides Lease to become
effective on the date Escrow closes.
5. Deed Restrictions. County will convey title to the Property to City by grant deed
(“Grant Deed”) subject to all covenants, conditions or restrictions, whether
recorded or unrecorded. The Property is being conveyed to City for the Primary
Use or Municipal Use during the Deed Restriction Period. Such use must
commence within two (2) years from the recorded date of the Grant Deed. Should
the City convey or attempt to convey the Property or cease to use the Property for
the Primary Use or Municipal Use during the Deed Restriction Period, then County
shall have the right to revoke this grant and to reenter and repossess the property
under Civil Code section 885.010 et seq., or successor law or legislation. This
power of termination held by the County will exist only during the Deed Restriction
Period and may be exercised by County at any time following breach of this
condition during such period. Upon expiration of the Deed Restriction Period, City
may use, transfer, convey, lease, or otherwise dispose of the Property in any
manner whatsoever without restriction.
6. Failure to Continue the Improvements. City has committed to spend at least
$1,306,974 to complete the Improvements in exchange for County transferring title
to the Property to City, subject to the terms and conditions of this Agreement. In
the event that the City has not commenced construction of the Improvements by
December 31, 2013, County and City agree that City shall have the right to decide
not to do the Improvements, subject to the following conditions:
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6.1 City shall provide County with a clear deed to the Property, thereby
transferring title to the Property back to County;
6.2 City shall have maintained the Property, including the Building, in a condition
as good or better than that existing at the execution of this Agreement, less
normal wear and tear, and if the Property had not been maintained to that
condition, City shall expend any sum necessary to return the building to that
condition, each as mutually agreed by the parties;
In the event that City has not commenced construction of the Improvements by
December 31, 2013, or has commenced construction but is not diligently pursuing the
completion of the Improvements, County shall have the right to terminate this
Agreement for City’s non-performance, and upon County’s exercise of such right, City
shall return the Property to County subject to the conditions described in Subsections
6.1 and 6.2 above.
7. Conditions to County’s Performance. The County’s obligation to perform under
this Agreement is subject to the following conditions:
7.1 City’s representations and warranties in this Agreement being correct as of the
date of this Agreement, and as of the Close of Escrow.
7.2 City’s performance of all obligations under this Agreement.
7.3 The Close of Escrow or the recording of the Grant Deed must occur no later
than January 31, 2013.
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 City and, if
applicable, to the Escrow agent.
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8. Escrow. City will establish an escrow (“Escrow”) with a title company acceptable to
City (“Title Company”). County and City shall each prepare and file escrow
instructions as necessary with the Title Company in accordance with this Agreement.
8.1 Fees and Title Insurance. The City shall pay all escrow and recording fees
incurred in this transaction and, if title insurance is desired by the City, the
premium charged therefor.
8.2 County’s Deposit into Escrow. Prior to the Close of Escrow, County will deliver
into Escrow with the Title Company a Grant Deed, in recordable form and
properly executed on behalf of County, in a form approved by County and City,
conveying the Property to the City in fee simple absolute, subject to the Deed
restrictions described in Section 5. Deed Restrictions of this Agreement.
8.3 City’s Deposit into Escrow. Prior to the Close of Escrow, the City shall deposit
into Escrow a fully executed City/Tides Lease.
8.4 Close of Escrow. Escrow shall close upon the conveyance of the Property to
the City (“Close of Escrow”). On the closing date, the Title Company shall
close Escrow as follows:
A. Record the Grant Deed, marked for return to the City, care of its City
Manager, which shall be deemed delivery to the City, and send a
conforming copy to County, care of its Principal Real Property Agent;
B. Provide an executed copy of the City/Tides Lease to the County, care
of its Principal Real Property Agent;
C. Issue the Title Policy, if requested to do so by the City;
D. Prorate taxes, assessments, and other charges, if any; and
E. Prepare and deliver to the County and to the City one signed copy each
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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 County and the City, and retain all
funds and documents pending receipt of further instructions from the County and the
City.
9. “AS IS” Condition of Property. County hereby conveys the Property to City, and
City hereby accepts the Property from County, at its own risk and in the Property’s
existing condition, “AS IS,” with all faults. County has no obligation to improve, alter,
secure, or make safe the Property for purposes of the proposed activities under this
Agreement, or to correct any hazardous, unsafe, or other conditions existing on any
portion of the Property. County has no liability or obligation to City, for any injury to
persons or damage to property arising out of or in connection with City’s acquisition or
use of the Property.
10. 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 Grant Deed or other
documents following the delivery and recordation of the Grant Deed or other
documents.
11. Assignment and Successors. 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:
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City: City of Richmond
450 Civic Center Plaza
Richmond, CA 94804-1804
Attn: City Manager
Telephone: (510) 620-6512
County: Contra Costa County
Real Estate Division
255 Glacier Dr.
Martinez, CA 94553
Attn: Principal Real Property Agent
Telephone: (925) 313-2228
or to such other addresses as County or City may respectively designate by written
notice to the other.
13. Entire Agreement. The parties have herein set forth the whole of their agreement.
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 respective counsels, 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.
Nothing in this Agreement is intended nor shall it be construed to create rights inuring
to the benefits of third parties.
15. 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,
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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.
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.
[This Section Intentionally Left Blank]
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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.
19. SIGNATURES
COUNTY CITY
CONTRA COSTA COUNTY, a political City of Richmond, a municipal
subdivision of the State of California corporation and charter city operating
under the laws of the State of
California
By By
Julia R. Bueren William Lindsay
Public Works Director City Manager
Date: Date:
(Date of Board Approval)
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By By
Karen A. Laws Bruce Reed Goodmiller
Principal Real Property Agent City Attorney
Date:
APPROVED AS TO FORM:
SHARON L. ANDERSON, County Counsel
By
Stephen M. Siptroth
Chief Assistant County Counsel
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit “A” - Legal Description