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HomeMy WebLinkAboutMINUTES - 11091993 - 1.52 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 9, 1993, by at least a four-fifths vote: AYES: Supervisors Powers, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Smith RESOLUTION NO. 93/f74 (Gov't Code § 25363) SUBJECT: Resolution of Intention to Sell County Surplus Real Property Shell Avenue Corporation Yard Project No. 4070-6G5213, CP#93-66 Martinez Area The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board DETERMINES that the parcel of land, acquired for corporation yard 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 Clerk of this Board is DIRECTED to publish the attached Notice of Intention to Sell Real Property for five days prior to said sale in a newspaper published in the County or post in three (3) public places in the County for that period; pursuant to Government Code Section 25363. The Board sets November 23, 1993, at 2:00 p.m., in Conference Room A at 255 Glacier Drive, Martinez, California, as the time and place where oral bids will be received and considered. The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines, and DIRECTS the Public Works Director to arrange for a payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. This activity has been found to conform to the General Plan of Contra Costa County. PBG:glo c:br59.t11 P hereby certify that this Is a true and correct copy 9t an action taken and entered on the minutes of the Orig. Dept.: Public Works (RP) Boardof Supe I ntsl on the date shown. Contact: Paul Gavey (313-2220) aTTESTPH Y 9 1993 eT� PHIL BATCHELOR,Clerk of the Board cc: P/W Accounting of Supervisors andCo my Administrator County Administrator By �' �p" Assessor Auditor-Controller RESOLUTION NO. 93/674 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) The County Real Property Division will sell at public auction to the highest responsible bidder, the parcel of land hereinafter described: Assessor's Parcel No. 378-080-002, located on at 1801 Shell Avenue, Martinez, California. The auction will be held at 255 Glacier Drive, Martinez, California, in Conference Room A at 2:00 p.m. on November 23, 1993. Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling (510) 313-2220. The County 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. By Order of the Board of Supervisors of Contra Costa County Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By axilt" v" Deputy Clerk PBG:glo c:br5g.t11 RESOLUTION NO. 93/ 674 NOTICE OF PUBLIC LAND SALE z _ AUCTION SALE DATE: November 23, 1993 C'4QF p Rt'��P TIME: 2:00 p.m. PLACE: Real Property Division 255 Glacier Drive SURPLUS LAND Martinez, CA 94553 ESCROW PERIOD: 12 months after acceptance of the bid by the Board of Supervisors BID DEPOSIT AMOUNT: $250,000.00 in the form of a CERTIFIED CHECK, CASHIER'S CHECK OR MONEY ORDER (NO PERSONAL CHECKS) MINIMUM BID: $2,000,000.00 PROPERTY LOCATION: 1801 Shell Avenue, Martinez, CA PROPERTY DESCRIPTION: Assessor's Parcel No.378-080-002. Approximately 5.62 acres improved with approximately 37,500 square feet of miscellaneous buildings SIZE: Approximately 347 ' by 702' ZONING: Heavy Industrial UTILITIES: Water, sewer, gas and electric available at site TAXES: Not presently taxed, will return to tax rolls after sale TERMS: County will consider and may require a 12 month escrow to a financially qualified buyer. County will retain possession of the property during the entire escrow period, rent free and County will have full use of all funds deposited into the escrow account during the escrow period. Buyer will be responsible for demolition of improvements on the property and any necessary hazardous materials cleanup. CONTRA COSTA COUNTY, PUBLIC WORKS DEPARTMENT, REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 FOR ADDITIONAL INFORMATION,CONTACT PAUL GAVEY AT(510)313-2220 • 4 BIDDING PROCEDURE ORAL BIDDING In order to participate in the bidding procedure a CASHIER'S CHECK,CERTIFIED CHECK, OR MONEY ORDER, in the amount of$250,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the $2,000,000 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 a'Purchase Agreement' and to leave with the auctioneer their $250,000 non-refundable deposit in the form of a CASHIER'S CHECK CERTIFIED CHECK OR MONEY ORDER. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The County 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 County, or to withdraw the property from the sale. CLOSING TRANSACTION Successful bidder will have until December 31, 1994,to complete the transaction and close escrow under the terms of the PURCHASE AGREEMENT, attache_d hereto. County will.have until December 31, 1994 to convey property to successful bidder. 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. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED. NOTICE The County is selling the property 'where is, as is,' and it is the responsibility of the prospective bidder to satisfy himself/herself as to any risks associated with the property, now or in the future. PBG:fp" c:SA88idPr.t9 September 8,1993 PURCHASE AGREEMENT 1. RIGHT TO PURCHASE In consideration of a bid deposit of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California ('County), does hereby grant to (•Buyer')the exclusive right to purchase,on the following terms and conditions,the real property described in Exhibit •A• attached hereto and made a part hereof, and further identified as A.P.N. 378-080-002 (,Property'). 2. PURCHASE PRICE This Agreement gives Buyer the right to purchase the subject property for the sum of Dollars ($ ) in cash. At close of escrow, the consideration of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) paid by Buyer to County as the bid deposit, shall be applied to and shall reduce said purchase price. If for any reason the purchase is not completed, the $250,000 bid deposit shall be retained by County, except as otherwise provided herein. 3. ESCROW AND CLOSING Following execution of this agreement by both parties, an escrow shall be opened at a title company mutually acceptable to the parties herein within 10 days of the effective date of this agreement. The escrow period is to be defined as the period of time from the effective date of this agreement until the date of close of escrow which will be the date of recording the deed. The escrow will be closed in accordance with the following procedures: a. County shall retain possession and use of the property until close of escrow. b. Buyer shall make the following payment schedule to the County in addition to the bid deposit: Date Amount March 1, 1994 $500,000 July 1, 1994 $500,000 October 3, 1994 $500,000 Close of escrow Remaining balance of Sale Price adjusted to reflect the bid deposit. All payments except the final payment are to be made to: Contra Costa County c/o Public Works Department, Real Property Division 255 Glacier Drive Martinez, CA 94553 The final payment shall be made into escrow,to be disbursed on recordation of the deed. C. During the escrow period County shall provide a right of entry to Buyer to allow Buyer, at Buyer's own expense, to remove and backfill the existing underground gasoline and diesel storage tanks located on the property. d. County shall insure that the property is broom clean with all movable personal property, trash, containers, equipment, supplies, and materials removed at close of escrow. e. Close of escrow and transfer of title is to take place between October 1, 1994 and December 31, 1994.The specific date of closing to be determined by County in County's sole discretion. 4. ASSIGNMENT This Purchase Agreement and all rights under this Agreement shall be freely assignable, and if assigned by Buyer any and all acts performable by Buyer hereunder may be performed by any assignee,regardless of whether such assignment be before or after the approval of this Purchase Agreement by the County Board of Supervisors. 5. TITLE The right,title and interest in the property to be sold shall not exceed that vested in the County, and the property is being sold subject to all title exceptions, restrictions, easements and reservations,whether or not of record. The Buyer may obtain a policy of titleinsurance at Buyer's own expense. County is not aware of and has not granted with respect to, or placed on or permitted to be placed on this property, any easements, reservations, liens, options to rent or purchase,or other encumbrances of record. 6. FEES AND TAXES The Buyer shall pay all recording fees,documentary transfer taxes,or other real estate transaction taxes,or fees by whatever name known,including escrow fees or broker's commission,if any,and personal property sales taxes where applicable. County represents and warrants that it has not engaged any broker with respect to this transaction, and that to its knowledge no broker has or will have any claim by,through, or under County for commissions or fees arising out of this sale. 7. CONDITION OF THE PROPERTY The Property is conveyed in an 'as is' physical condition with no warranty, guarantee, representation or liability,express or implied on the part of the County as to the physical condition of the Property,including, but not limited to the condition of the buildings,the condition of the soil or the geology of the soil,the condition of the air, surface water or groundwater,the presence of known and unknown faults, the presence of any Hazardous Materials or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Premises for the construction and use of the improvements thereon. It shall be the sole responsibility of Buyer, at its sole cost and expense, to investigate and determine the suitability of the soil, air, water, geologic, environmental and seismic conditions of the Property for the intended development contemplated herein,and to determine and comply with all building, planning and zoning regulations relative to the property and the uses to.which it can be put. Buyer relies solely on Buyer's own judgment,experience and investigations as to the present and future condition of the property or its suitability for Buyer's intended use. County assumes no responsibility for the conformance to codes or permit regulations of the city, County or State in which the Property is located. Buyer has undertaken or will undertake a'due diligence investigation of the condition of the Premises to its satisfaction, including sampling for the presence of any contaminants, or Hazardous Materials in air, soil groundwater or surface water in, or under the premises and pollutants of any kind located on or within the Premises, the presence of any underground obstacles to development, and the suitability of the Premises for construction and development of any Improvements on the Premises. Buyer shall comply with all laws, regulations and ordinances governing or applicable to Hazardous Substances and the remediation or removal thereof. Buyer shall also complete, at Buyers sole expense, any necessary demolition of improvements on the property. Buyer shall indemnify, protect, defend, save and hold harmless County, its officers, employees, agents, contractors or their successors, (referred to herein collectively as 'County') from and against any and all Indemnified Costs arising indirectly or indirectly out of or resulting from any Hazardous Substance being present in the soil, groundwater or soil vapor on or under the Property at the time this Purchase Agreement is executed whether such hazardous substances or Indemnified Costs are discovered before or after the conveyance of the Property to Buyer. As used herein, 'Hazardous Substance' means any substance, material or waste (including petroleum and petroleum products) which is or becomes designated, classified or regulated as being'toxic'or'hazardous'or a'pollutant,,or which is or becomes similarly designated,classed or regulated, under any federal, state or local law, regulation or ordinance. As used herein 'Indemnified Costs' means all actual or threatened liabilities, claims, actions, causes of action, judgements, orders, damages (including foreseeable and unforeseeable consequential damages), costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant,expert and legal fees and expenses of County's counsel) incurred in connection with any soil or ground water clean-up, remedial, removal or restoration work or any damages, harm or injuries to the person or property of any third parties or to any natural resources resulting from any such cleanup remedial,removal,or restoration work and also including any and all liability under the Comprehensive Environmental Response,Compensation and Liability Act ('CERCLA') 42 U.S.C.§9601 et seq., the Resource Conservation and Recovery Act('RCRAJ 42 U.S.C.§6901 et seq., and the California Hazardous Waste Control Law('HWCL') Health and Safety Code §25100 et seq. The obligations contained in this section shall survive the assignment, expiration or termination of this agreement. 8. SEVERABILITY Should any part, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States 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. 9. INDEMNIFICATION County shall indemnify and hold harmless Buyer, its officers, employees, agents, contractors or their successors, from County's, share of claims, costs and liability arising directly from any placement on or in the soil, ground water or soil vapor, any Hazardous Substance after the effective date of this Agreement and prior to the close of escrow. This obligation shall survive the assignment, expiration or termination of this agreement. 10. GRANT DEED Upon approval by the Board of Supervisors, and close of escrow the property shall be conveyed by Grant Deed to: (show name) (show how title to be vested) 11. NOTICES All notices and services pertaining to matters arising in connection with this transaction may be made upon Buyer in person or by registered mail addressed to Buyer at: (address) (telephone) 12. EFFECTIVE DATE This agreement is effective on the date executed by the Board of Supervisors of Contra Costa County. CONTRA COSTA COUNTY BUYER By: By: Chair, Board.of Supervisors ATTEST: Phil Batchelor, County Administrator and Clerk of the Board of Supervisors By: Deputy PBG:glo c:SA3mbid.t9 October 5,1993 . .