HomeMy WebLinkAboutMINUTES - 07162013 - C.39RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to decline to exercise the County’s right to
purchase the real property located at 3024 Willow Pass Road, Concord, pursuant to a right of first refusal contained
in the lease under which the County leases a portion of the property.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The County is a party to a lease dated January 24, 2012, pursuant to which the County is leasing, as the tenant, a
portion of the building located at 3024 Willow Pass Road, Concord. The County uses the leased premises as a health
clinic. The lease grants the County a “right of first refusal.” The right of first refusal gives the County the right to
purchase the real property located at 3024 Willow Pass Road under certain circumstances. One of those
circumstances is if the owner receives an unsolicited offer from someone who wants to purchase the subject property.
The property owner has notified the County that it has received an offer from a third-party to purchase the subject
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/16/2013 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: Gail Meyers, (925)
313-2133
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: July 16, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 39
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:July 16, 2013
Contra
Costa
County
Subject:3024 Willow Pass Road, Concord – Election to Not Exercise Right of First Refusal to Purchase Real Property
BACKGROUND: (CONT'D)
property for approximately $3.45 million. As a result, under the terms of the right of first refusal, the County has the
right to purchase the subject property at the same price offered by the third party (approximately $3.45 million). If
the County elects to exercise the right to purchase the subject property under the terms of the right of first refusal, it
must communicate its election within 30 days of having received the notice of the offer from the property owner. The
County received the notice from the property owner on June 17, 2013.
The Health Services Department, the department for which the County leased a portion of the subject property, has
determined that it is not interested in purchasing the subject property at that price. Furthermore, staff of the Public
Works Department – Real Estate Division has determined that it would not be in the County’s best interest to
purchase the subject property at that price because that price is above current market.
If the County declines to purchase the subject property and the proposed sale is not completed, the County retains its
right of first refusal to any subsequent sale by the owner that arises as a result of a third-party offer.
CONSEQUENCE OF NEGATIVE ACTION:
If the County fails to match the third-party offer within the 30-day period allowed, the County will forfeit its right to
purchase the property at this time.
CHILDREN'S IMPACT STATEMENT:
Not applicable.