HomeMy WebLinkAboutMINUTES - 12141999 - C109 TO: BOARD OF SUPERVISORS
0.
ROM: :.. Barton J. Gilbert, Director of General Services Contra
Costa
DATE: December 14, 1999
County
SUBJECT: LEASE AMENDMENT FOR THE PITTSBURG VETERANS BUILDING
186 EAST LELAND ROAD, PITTSBURG
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L RECOMMENDATION
APPROVE the First Lease Amendment with the Pittsburg Economic and Housing Development
Corporation for the premises at 186 East Leland Road, Pittsburg, under the terms and
conditions more particularly set forth in said Amendment to Lease, and AUTHORIZE the
Director of General Services to EXECUTE said Amendment to Lease on behalf of the County.
II. FINANCIAL IME�"�".AAC
None.
Ill. BACKGROUND
The Lease Amendment is required to amend the Option to Purchase in the lease to facilitate the
purchase of the building and delineate the process for payment to the owner.
CONTINUED ON ATTACHMENT: �" SIGNATURE:
l` RECOMMENDATION OF COUNTY ADMINISTRATOR __v_._RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE S
ACTION OF BOARD ON Z ; /,02t' APPROVED AS RECOMMENDED_�____�
VOTE OF SUPERVISORS
UNANIMOUS(ABSENTJ7
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator(via UM) AND
HEREBY CERTIFY THAT THIS IS A TRICE
AND CORRECT COPY OF AN ACTION TAKEN
Lessor(vis UM) AND ENTERED ON THE MINUTES OF THE BOARD
County Counsel(vis UM) OF SUPERVISORS THE DATE SHOWN.
Or#g:General Services Department-UM
ATTESTED � y
PHIL BATCHELOR,CLERK OF TH BOAR OP
SUPERV#SOBS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
SHV
F:\DATA\Worddocs\I86bda2.dec
GENERAL SERVICES DEPARTMENT
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: December 7, 1999
TO: Phil Batchelor, County Administrator
FROM: Barton J. Gilbert, Director of General Services
SUBJECT: Aggnd : Amendment to Lease, Pittsburg Veterans Building, 186 E. Leland
Road, Pittsburg, Bldg. T00538
The lease between the County and Pittsburg Economic and Housing Development
Corporation (PEHDC) for the above premises provides the County with an option to
purchase. On November 16, 1996, when the Board of Supervisors approved this lease, it was
contemplated that the County would buy the property for $360,000.00 if the purchase was
made by April 30, 1999; for$378,000.00 if purchase was completed by April 30, 2000; and
$ 396,000.00 if the purchase was completed by April 30, 2001. It was anticipated that
$60,000.00 of the purchase price would be generated by the sale of the former Pittsburg
Veteran Building site located at 855 East St., Pittsburg to PEHDC. The former Pittsburg
Veteran Building site is scheduled to be sold at Public Auction on January 11, 2000 for a
minimum bid of$60,000.00
On October 26, 1999,the Board approved County assignment of the Purchase Option
for the property at 186 E. Leland Road to Transocean Funding/Pittsburg, Inc. which intends
to acquire the property utilizing tax exempt financing and lease it back to the County. At the
end of the lease term, the County has the option to purchase the propertyfor$1.00
An amendment is required to the existing lease to provide for the following:
AMENDMENI PROVISIONS:
1. Reconcile the dates of the lease term.
2. Provide for a renegotiated purchase price of$300,000.00 to be paid by Transocean
Funding/Pittsburg, Inc., to PEHDC when title to 186 E. Leland Road is transferred to
Transocean.
3. Provide for the County to deposit an Option Deposit of$60,000.00 into the same escrow
account. If the County does not sell the former Pittsburg Veterans Building site for at
least$60,000.00, the $300,000.00 received by PEHDC shall constitute the full and agreed
upon purchase price for the 186 E. Leland Road property and the $60,000.00 Option
eve
Deposit shall be returned to the County. If the former Pittsburg Veterans Building site
is sold to PEHDC or to any other party for $60,000.00 or more, PEHDC shall have the
right to keep the Option Deposit in addition to the Purchase Price for total compensation
of$360,000.00 to PEHDC as originally contemplated.
cc: Laura Lockwood
Kathy Brown
Alan Pfeiffer
Terry Mann
S
FIR TAME ENT—TO LEASE
186 East Leland Road
Pittsburg, California
Pittsburg Veterans Building
1. PARTIES: Effective can December 14, 1999, the PITTSBURG HOUSING AND
ECONOMIC DEVELOPMENT CORPORATION, hereinafter called "LESSOR", the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California,
hereinafter called "COUNTY", and TRANSOCEAN FUNDING/PITTSBURG, INC., a
corporation, mutually agree and promise as follows:
2. PURPOSE: The parties desire to amend that Lease entered into between LESSOR
and COUNTY, dated November 19, 1996, for approximately 2,497 square feet of office
space which comprises the northern two-thirds of the building commonly known and
designated as 186 East Leland Road, Pittsburg, California, for the purpose of amending
Paragraph A.3. Tom, Paragraph A.4. , and Paragraph C.7. Qnt� into Purc ase; by
adding Paragraph C.B. Qption DcpQsjl; by amending Exhibit C to the Lease Prelimin ry
t e enol; and by adding Exhibit D Bid Farm. TRANSOCEAN
FUNDING/PITTSBURG, INC., is a party to this amendment because the Option to
Purchase has been assigned to TRANSOCEAN FUNDING/PITTSBURG, INC. By
execution of this Amendment, TRANSOCEAN FUNDING/PITTSBURG, INC. agrees, in
its capacity as assignee of all of COUNTY's rights and obligations under the Option to
Purchase, to all of the terms and conditions contained in Paragraph C.7 of the Lease, as
amended by this Amendment.
3. AMENDMENT:
A. Paragraph A.3. I&= is deleted in its entirety and replaced with the following
Paragraph A.3.:
A.3. TERM: The term of the Lease shall be three (3) years commencing
May 1, 1997 and ending April 30, 2000. The provisions of this Paragraph
shall supercede anything to the contrary in the remainder of this Lease,
including but not limited to Paragraph A.S., Extension.
B. Subparagraph A.2 Base_Rental, of Paragraph AA., Rg, is deleted in its
entirety and replaced with the following Paragraph AA.A.2.:
A.4. RENT:
A. Base Rental: COUNTY shall pay to LESSOR as rent for the use of
said Premises a monthly base rental as follows:
2. TWO THOUSAND FIVE HUNDRED SEVENTY-TWO
AND NO/100 DOLLARS ($2,572.04) per month commencing
May 1, 1998 through April 30, 2.000.
The provisions of this Paragraph shall supersede anything to the
contrary in the remainder of this Lease, including but not limited to
Paragraph A.5., Extension.
C. Paragraph C.7. Qption to Purc lase is deleted in its entirety and replaced with
the following Paragraph C.7.:
C.7. OPTION TO PURCHASE:
A. Option. As part of the consideration for this Lease, LESSOR
hereby grants to COUNTY or its assignee the exclusive right to
purchase the real property of which the Premises form a part as
described in "Exhibit B", attached hereto and made a part hereof,
together with improvements consisting of approximately 3,600
square feet of office space, commonly known as 186 East Leland
Road, Pittsburg, California ("Property") on the terms and
conditions contained in this Option.
B. Term. The term of this Option shall commence on November 19,
1996 and shall expire or terminate on April 30, 2000 unless
extended in writing;by both parties("Option Term").
C. Purchase Price. The purchase price for the Property during the
term of this Option is THREE HUNDRED THOUSAND AND
NO/100 DOLLARS ($300,000.00) ("Purchase Price").
2
D. Assignment of Option and Exercise. LESSOR acknowledges
that COUNTY has validly assigned its Option to Purchase to
Transocean Funding/Pittsburg, Inc., "ASSIGNEE."
ASSIGNEE shall have all of the rights and obligations of
COUNTY under this Paragraph. Wherever the word
COUNTY is used in this Paragraph it shall apply to
COUNTY's ASSIGNEE. LESSOR further acknowledges that
COUNTY's ASSIGNEE provided LESSOR with a valid notice
of its intent to exercise the Option and now has the right to
purchase the Property under the terms and conditions of this
Option. This Option may be exercised by the deposit of the
Purchase Price into escrow with the Title Company (as defined
hereinbelow). ASSIGNEE's exercise of Purchase Option is
dependent upon ASIGNEE's ability to obtain investor
financing.
E. Grant .Deed. LESSOR shall convey title to the Property under
this Option in fee simple absolute by Grant Deed. The
Property shall be free and clear of all recorded or unrecorded
liens, encumbrances, covenants, conditions assessments,
easements, equitable servitudes, leases (whether recorded or
unrecorded), unrecorded agreements and taxes, except the
following Approved Exceptions:
(1) Approved Exceptions: Item numbers 1, 2, 3, 4, 5, 6, 7, S, 9,
10, 11, 14 as described in Placer Title Company's
Preliminary Title Report Dated August`20, 1999 attached
hereto as Exhibit"C" and made a part hereof,
(2) Current taxes and those portions of current
assessments not yet due and payable;
F. Escrow. The sale of the Property shall be consummated through
3
an escrow. COUNTY has opened Escrow Account Order No.
61.53648 with Placer Title Company, 1981 N. Broadway, #100,
Walnut Creels, CA. 94596 ("Title Company"). LESSOR
hereby authorizes COUNTY to prepare and file escrow
instructions with said Title Company on behalf of LESSOR in
accordance with this Paragraph. This includes authorization to
the Title Company to withhold pro-rata taxes on the Property to
be conveyed pursuant to this Option. The parties shall execute
all documents required by the Title Company so long as they
are consistent with the previsions of this Paragraph. The
Property shall be deemed to be conveyed on the date the deed
to COUNTY or its assignee is recorded ("Closing Date"). The
Closing Date shall occur no later than five (5) days after the
Purchase Price is deposited into escrow with the Title
Company. Transfer taxes and recording fees on the deed,
charges of escrow and all other closing costs will be paid solely
by COUNTY or its assignee. At the Closing Date, the Title
Company must be prepared to issue a CLIA Standard
Coverage Policy of Title Insurance in the amount of the
Purchase Price insuring title to the premises vested in
COUNTY or its assignee subject only to the Approved
Exceptions. if title insurance is desired by the COUNTY or its
assignee, COUNTY or its assignee will be solely responsible to
pay the premium charged therefor. At the Closing Date, the
Purchase Price in the sum of THREE HUNDRED
THOUSAND AND NOi100 DOLLARS ($300,000.00) will be
paid to LESSOR. Escrow shall remain open following the
Closing Date until the Option Deposit is released either to
LESSOR. or refunded to COUNTY as provided in Paragraph
4
C.8, of this Lease.
G. Destruction. If, prior to the Closing Date, the premises are, as
determined by COUNTY, in its sole discretion, partially or
totally destroyed to the extent that they are no longer fit for
their intended use, the COUNTY or its assignee shall have no
obligation to complete the purchase, unless the COUNTY or its
assignee agrees by separate writing to complete the purchase.
H. Survival. The provisions of this Paragraph C.7, OpCw to Purchase
shall survive the termination of this Lease.
1. Release. On the Closing Date, this Lease shall terminate and,
except as otherwise specifically provided in this Lease, the parties
shall be released from all liabilities and obligations under the Lease.
D. Paragraph C.8. 012tinn o i is added to the Lease:
C.S. CI!TIQN DEPOSIT: In consideration of the terms and conditions of this
Lease, as amended, the parties further agree as follows.
A. Option Deposit. COUNTY shall deposit into escrow with the Title
Company the sum of Sixty Thousand ($60,000) (the "Option
Deposit") within five (5) days after the effective date of First
Amendment to Lease. The Title Company shall not release Option
Deposit from escrow without written direction from COUNTY to
do so. LESSOR. hereby authorizes COUNTY to prepare and file
escrow instructions with said Title Company on behalf of LESSOR
in accordance with this Paragraph.
B. Sale of Former Site. COUNTY intends to declare as surplus
property the former site of the Pittsburg Veteran's Building, located
at 855 East Street, Pittsburg, CA ("Former Site"). COUNTY
anticipates that the Former Site will be sold by public auction on or
5
of
about January 11, 2000 (the "Public Auction"), with a minimum bid
of SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00).
LESSOR shall have the right to bid on the Former Site using the bid
form attached hereto as Exhibit D.
C. Release of Option Deposit.
(1) Release to LESSOR. If, and only if, both of the following two
conditions (a) and (b) occur; Q, condition (c) occurs,
LESSOR shall be entitled to the Option Deposit in addition to
the Purchase Price and County shall instruct the Title Company
to release the Option Deposit to LESSON.:
(a) The Former Site is sold at the Public Auction for SIXTY
THOUSAND AND NO/100DOLLARS ($60,000.00) or
more; and
(b) The Property which is the subject of this Lease (186 East
Leland Road) is purchased by the COUNTY or its assignee
in accordance with Paragraph C.7. of this Lease; or
(c) The COUNTY fails to hold a Public Auction for the Farmer
Site before.February 25, 2000.
Under no circumstances shall LESSOR be entitled to more than the
Option Deposit of SIXTY THOUSAND AND NO/100 DOLLARS
($60,000.00).
(2) Return of Option Deposit to County. If the Public Auction
occurs before February 25, 2000 and the former site is not sold
at the Public Auction for SIXTY THOUSAND AND NO/100
DOLLARS ($60,000.00) or more, or the Property which is the
subject of this Lease (186 East Leland Road) is not purchased
by the COUNTY or its assignee in accordance with Paragraph
C.7 of this Lease, LESSOR shall have no right to the Option
Deposit or any portion thereof or any other sum whatsoever.
6
Under such circumstance the Option Deposit shall be returned
to COUNTY and COUNTY shall so instruct the Title
Company.
D. Survival. The provisions of this Paragraph C.B. QP1IQN
D PQS1 shall survive the termination or assignment of this
Lease or conveyance of the Property to COUNTY's ASSIGNEE
under the terms of the Option and shall be a binding obligation
between CONTRA COSTA COUNTY and the PITTSBURG
HOUSING AND ECONOMIC DEVELOPMENT
CORPORATION, provided, however, that the parties shall have
no rights or obligations under this Paragraph after February 25,
2000.
E. Exhibit B., J!ropg,-M.Des on is attached hereto and made apart
hereof
F. Exhibit C., North America Title Cmpany Prelimina1yr itle
Amort Dated Qctober 11 1996 is deleted in its entirety and
replaced with the attached Exhibit C., Pla= -Tille Company
Preliminarljg Report Dated August 20,1999.
G. Exhibit D., Bid P_o , is attached hereto and made a part hereof.
4. EFFECT; Except for the Amendment agreed to herein, the Lease. of November 19,
1996 remains in full force and effect until its termination . Upon the commencement of
the anticipated Facility Lease {with a Purchase Option between Transcean
Funding/Pittsburg Inc. and the County for the Premises, this lease as amended shall
terminate, except for those provisions listed herein above which shall survive said
termination.
7
ot
IN WITNESS WHEREOF, the parties have executed the First Amendment to Lease as of
the day and year first written hereinabove.
COUNTY LESS-OR
COUNTY OF CONTRA COSTA, a PITTSBURG ECONOMIC AND
Political subdivision of the State of HOUSING DEVELOPMENT
California CORPORATION, INC., a Private
Non-Profit Californ'a Corporation
By (�1
Director of General Services Name and Official Capacity
RECOMMENDED FOR APPROVAL:
P -1 By
Name and Official Capacity
:Director, Capital Facilities & Debt Management
By ``� ASSIGNEE
Deput G eral Se i es erector
Transocean Funding/Pittsburg, Inc.
B By
Lease Manager 1`We and Off tial Capacity
APPROVED AS TO FORM:
VICTOR J. WESTMAN, County Counsel
Deputy � � i
EXHIBIT B-PROPERTY DESCRIPTION
EXHIBIT C-PRELIMINARY TITLE REPORT
EXHIBIT D-BID FORM
8
LEASE AMENDMENT Order No.: 6153648 ahff
EXHIBIT B
The land referred to herein is in the State of California, County of Contra Costa, City of PITTSBURG, and is described as
follows:
PARCEL ONE:
An undivided 4576/19,504 interest in and to Parcel E, as shown on the Parcel Map of Subdivision M.S. 678-87, filed July
28, 1988, in Book 184 of Parcel Maps, Page 39, Contra Costa County Records,
RESERVING THEREFROM:
Parcels A through d, inclusive, as shown on said of parcel Map and as set forth in the declaration of Covenants,
Conditions and Restrictions recorded March 16, 1989, in Book 14939, Official Records, Page 483.
PARCEL TWO:
Parcel 8, as shown on the Parcel Map of Subdivision M.S. 687-87, filed July 28, 1968, in Book 134 of Parcel Maps, Page
39, Contra Costa County Records.
PARCEL THREE:
Easements for support and repair of Parcel Two above over the Common Area and all other Parcels shown on said Parcel
Map, as set forth in the above mentioned declaration.
PARCEL FOUR:
An easement for sanitary sewer purposes and incidental purposes over that certain parcel of land situated in the City of
Pittsburg, County of Contra Costa, State of California, described as follows:
Beginning at the intersection of the centerlines of Harbor Street and East Leland Road, thence westerly along the
centerline of said East Leland Road 784,40 feet; thence leaving said centerline at right angles southerly 50.00 feet to the
true point of beginiting of this description; thence easterly along the southerly line of said East Leland Road 82.00 feet;
thence leaving said southerly line at right angles southerly 180.00 feet; thence at right angles westerly 82.00 feet to the
easterly boundary of Parcel One described herein; thence along said boundary at right angles northerly 10.00 feet; thence
at right angles easterly 72.00 feet; thence at right angles northerly 160.00 feet to a point 10 feet southerly of the southerly
line of East Leland Road; thence at right angles westerly 72.00 feet to the easterly boundary of Parcel One described
herein; thence along said line north 10.00 feet to the true point of beginning.
PARCEL FIVE:
A non-exclusive easement for ingress, egress, parking and landscaping over the westerly 50 feet of Parcel B, as shown on
the Record of Survey Map recorded May 28, 1987, in Book 83 of Licensed Surveyors Maps, Page 29, Contra Costa
County Records.
A.P.N. 088-540-002
i __
} _
LEASE AMENDMENT
EXHIBIT C
PTC
PLACER TITLE COMPANY
PRELIMINARY
REPORT
Walnut Creek Special Projects Title Department
1981 N.Broadway, Suite 100 1981 N. Broadway,Suite 302 5356 Clayton Road, Suite 101
Walnut Creek, CA 94596 Walnut Creek,CA 94596 Concord, CA 94521
(925)946-1616 (925)945-1710 (925)689-3331
Fax:(925)939-9206 Fax:(925)938-4670 Fax:(925)689-6587
Lafayette Concord San Ramon
3687 Nit.Diablo Blvd.,Suite 210 5356 Clayton Road, Suite 101 2355 San Ramon Valley Blvd., 100
Lafayette,CA 94549 Concord, CA 94521 San Ramon,CA 94583
(925)283-7240 (925)689-3331 (925)838-1110
Fax:(925)283-5269 Fax:(925)689-0196 Fax:(925)838-8704
Danville Orinda Financial Services
673 San Ramon Valley Blvd. Two Theatre Square,Suite 320 5356 Clayton Road,Suite 101
Danville,CA 94526 Orinda,CA 94563 Concord,CA 94521
(925)820-1700 (925)253-4810 (925)689-3331
Fax:(925)838-8863 Fax: (925)253-8549 Fax: (925)689-6537
* * * * * * * * * * * * * PLACER TITLE COMPANY * * ** * * * * * * * * �`
"IMPORTANT INFORMATION"
ENCLOSED IS A PRELIMINARY REPORT FOR YOUR INFORMATION AND REVIEW. IF YOU HAVE
ANY QUESTIONS OR WISH TO DISCUSS THE MATTERS AS SET FORTH ON THE REPORT,
PLEASE DO NOT HESITATE TO CALL. PRIOR TO THE CLOSE OF THIS ESCROW, SELLER AND
BUYER WILL BE REQUESTED TO GIVE WRITTEN ACKNOWLEDGMENT THAT THEY HAVE READ
AND FULLY UNDERSTAND AND APPROVE THE INFORMATION AS SET FORTH ON THIS REPORT.
FOR YOUR ADDITIONAL INFORMATION, PLEASE BE ADVISED THAT IN ACCORDANCE WITH THE
PROVISIONS OF THE CALIFORNIA INSURANCE CODE, SECTIONS 12413.1 AND 12413.2, THIS
LAW REQUIRES THAT ANY TITLE INSURANCE COMPANY UNDERWRITTEN TITLE COMPANY OR
CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUBESCROW
CAPACITY MUST HAVE ALL CASH, CHECKS AND DRAFTS REPRESENTING DISBURSEMENTS TO
BE MADE BY IT DEPOSITED INTO ITS ESCROW DEPOSITORY BANK ACCOUNT BEFORE
RECORDING YOUR TRANSACTION. IT FURTHER STATES THAT THE CHECKS, ETC. MUST BE
DEPOSITED AND DRAFTS ACTUALLY COLLECTED BEFORE DISBURSEMENT CAN OCCUR.
THE NEW LAW HAS ADDED A THREE-TIER STRUCTURE FOR DETERMINING WHEN THE FUNDS
DEPOSITED CAN BE DISBURSED, AND TO AVOID DELAY NECESSITATED BY THIS NEW LAW
PLEASE CONSIDER THE FOLLOWING.
1. SAME DAY AVAILABILITY
A. CASH -PROVIDED DEPOSITED INTO ESCROW DEPOSITORY PRIOR TO CLOSE OF
ESCROW
B. ELECTRONIC TRANSFER(WIRED FUNDS)
2. NEXT DAY AVAILABILITY (AFTER DATE OF DEPOSIT INTO ESCROW DEPOSITORY)
A. CASHIER'S CHECKS
B. CERTIFIED CHECKS
C. TELLER'S CHECKS
3. SEVEN DAY AVAILABILITY (AFTER DATE OF DEPOSIT INTO ESCROW DEPOSITORY)
A. PERSONAL CHECKS
B. MORTGAGE COMPANY OR MORTGAGE BANKER CHECKS
C. ALL OTHER TYPES OF CHECKS
4. AVOID USING DRAFTS
IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THE NEW LAW ON YOUR
ESCROW PLEASE CONTACT YOUR LOCAL PLACER TITLE COMPANY OFFICE.
WE THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE.
PLACERTITLECOMPANY * * * * * * * * * * * * * *
i
PLACER TITLE COMPANY
CONTRA COSTA COUNTY TITLE CONTACT
GENERAL SERVICES DIVISION 1981 N. Broadway, Suite 3032
12207 MORELLO AVE. #1007 Walnut Creek, CA 94596
MARTINEZ, CA 94553 (925) 945-1710
ATTENTION: STEVE VAN HORN
OUR NO.: 6153548
ESCROW OFFICER: Canna Mahoney
OWNER(S): PITTSBURG ECONOMIC and HOUSING
DEVELOPMENT COPRPORA TION, a California
corporation
PROPERTY ADDRESS: 186 E. Leland Road
Pittsburg, California
Dated as of August 20, 1999 at 7:307 a.m.
. . . . . . . . .. . .. . . .. . . .. . . . . . . . PRELIMINARY REPORT. .. . . . . . . . . . . . . . . . . . . . . . . .
In response to the above referenced application for a policy of title insurance, Placer Title Company hereby
reports that it is prepared to issue, or cause to be issued, through one of its authorized underwriters, as of the
date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance
not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said Policy Forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached
list. Copies of the Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in this report
carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. if it is desired that liability be assumed
prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
1. California Land Title Association Standard Coverage Policy,
2. American Land Title Association Owner's Policy Form B.
3. American Land Title Association Residential Owners Title Insurance Policy.
4. American Land Title Association Loan Policy,
Valerie Cunningham
TITLE OFFICER
}
Order No.: 6153648
SCHEDULE A
The estate of interest in the land hereinafter described or covered by this report is:
A FEE as to Parcels 1 and 2; AN EASEMENT more fully described below as to Parcels 3, 4 and 5
Title to said estate or interest at the date hereof is vested in:
PITTSBURG ECONOMIC and HOUSING DEVELOPMENT CORPORATION, a California corporation
The land referred to in this report is situated in the State of California, County of Contra Costa, City of PITTSBURG, and is
described as follows:
SEE EXHIBIT W ATTACHED HERETO AND MADE A PARI" HEREOF
SCHEDULE A
1
Order No.: 6153648
EXHIBIT "A"
The land referred to herein is in the State of California, County of Contra Costa, City of PITTSBURG, and is described as
follows:
PARCEL ONE:
An undivided 4576119,504 interest in and to Parcel E, as shown on the Parcel Map of Subdivision M.S. 678-87, filed July
28, 1988, in Book 184 of Parcel Maps, Page 39, Contra Costa County Records.
RESERVING THEREFROM:
Parcels A through D, inclusive, as shown on said of Parcel Map and as set forth in the Declaration of Covenants,
Conditions and Restrictions recorded March 16, 1989, in Book 14939, Official Records, Page 483.
PARCEL TWO:
Farces B, as shown on the Parcel Map of Subdivision M.S. 687-87, filed July 28, 1988, in Book 134 of Parcel Maps, Page
39, Contra Costa County Records,
PARCEL THREE:
Easements for support and repair of Parcel Two above over the Common Area and ail other Parcels shown on said Parcel
Map, as set forth in the above mentioned Declaration.
PARCEL FOUR:
An easement for sanitary sewer purposes and incidental purposes over that certain parcel of land situated in the City of
Pittsburg, County of Contra Costa, State of California, described as follows:
Beginning at the intersection of the centerlines of Harbor Street and East Leland Road, thence westerly along the
centerline of said East Leland Road 784.40 feet; thence leaving said centerline at right angles southerly 50.00 feet to the
true point of beginning of this description; thence easterly along the southerly line of said East Leland Road 82.00 feet,
thence leaving said southerly line at right angles southerly 180.00 feet; thence at right angles westerly 82.00 feet to the
easterly boundary of Parcel One described herein; thence along said boundary at right angles northerly 10.00 feet; thence
at right angles easterly 72.00 feet; thence at right angles northerly 160.00 feet to a point 10 feet southerly of the southerly
line of East Leland Road; thence at right angles westerly 72.00 feet to the easterly boundary of Parcel One described
herein; thence along said line north 10.00 feet to the true point of beginning.
PARCEL FIVE:
A non-exclusive easement for ingress, egress, parking and landscaping over the westerly 50 feet of Parcel B, as shown on
the Record of Survey Map recorded May 28, 1987, in Book 83 of Licensed Surveyors Maps, Page 29, Contra Costa
County Records.
A.P.N. 088-640-002
EXHIBIT"A"
Order No,: 6153648
SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form
designated on the face page of this report would be as follows:
1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1999-2000 which are a
lien but not yet payable.
2. The lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section
75) of the Revenue and Taxation Code, of the State of California.
3. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: City of Pittsburg
Purpose: Lay, construct, maintain and operate sanitary sewer mains
Recorded: January 3, 1962, Book 4027, Page 159, Official Records
Affects: Portion of Common Area (Parcel One)
4. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: City of Pittsburg
Purpose: Install, maintain and use a water distribution system
Recorded: January 3, 1962, Book 4027, Page 169, Official Records
Affects: Portion of Common Area (Parcel One)
5. Any utility easements as disclosed by the Map entitled Stoneforge, attached to the Deed from the United States of
America to the City of Pittsburg,
Recorded: January 3, 1962, Book 4027, Page 169, Official Records
6. Covenants, Conditions and Restrictions, but omitting any covenant, condition or restriction, if any, based on
race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the
covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or(b) relates to
handicap, but does not discriminate against handicapped persons, as set forth in the instrument
Recorded: March 30, 1987, Book 13539, Page 602, Official Records
Said Covenants, Conditions and Restrictions provide that a violation thereof shail not defeat the lien of any mortgage
or Deed of Trust made in good faith and for value.
Contains no reversionary clause.
Among other things, said document provides: The costs and expenses of any such maintenance for the above.
7. Easement as contained in the Declaration above referred to as follows:
For: Driveway and narking
Affects: Those portions of the Parcels which are shown and described as the"Driveway
Easement Area" on the"driveway and Parking Easement Plan"
8. Matters as contained in that certain instrument entitled "Easement Agreement", including the terms and provisions
thereof
Dated: June 23, 1988
By and between: Community Presbyterian Church of Pittsburg, aka Community United Presbyterian
Church of Pittsburg, a California non-profit corporation and Pittsburg, Economic and
Housing Development Corporation, a California nonprofit corporation
Recorded: June 29, 1988, Book 14421, Page 120, Oficial Records
SCHEDULE B
i
Order No.: 6163648
Reference is made to said document for full particulars.
9. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication can the
recorded Map shown below.
Map of: Parcel Map M.S. 878-87 (934 PM 39)
Easement Purpose: 10 feet water line
Affects: The easterly 10 feet of Parcel One
10. Covenants, Conditions, Restrictions, Limitations, Easements, Assessments, Reservations, Exceptions, Terms, liens
or Charges, but omitting any covenant,condition or restriction, if any, based on rake,color, religion,sex,
handicap, familial status or national origin unless and only to the extent that the covenant, condition or
restriction (a) is exempt under Title 42 of the United States Code, or(b) relates to handicap, but does not
discriminate against handicapped persons, as set forth in the instrument
Recorded: March 16, 1989, Book 14939, Page 483, official Records
Said Covenants, Conditions and Restrictions provide that a violation thereof shall net defeat the lien of any mortgage
or Deed of Trust made in good faith and for value.
Contains no reversionary clause.
Modification(s) of said Covenants, Conditions and Restrictions:
Recorded: August 31, 1989, Book 15307, Page 992, Official Records
11, liens and charges for upkeep and maintenance as set forth in the above mentioned declaration, payable to Medanos
Gateway.
12. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby
Amount: 8260,000.00
Dated: January 30, 1991
Trustor: Pittsburg Economic and Mousing Development Corporation, a California corporation
Trustee: American Securities Company, a corporation
Beneficiary: Wells Fargo Bank, National Association
Address: 800 South Broadway, Suite 200
Walnut Creek, CA 94598
Loan Number: 6950010003
Recorded: February 5, 9991, Book 16386, Page 947, Official Records
An Agreement to modify the terms and provisions of said Deed of Trust as therein provided:
Executed By: Pittsburg Economic and Housing Development Corporation and Wells Fargo Bank,
National Association
Recorded: May 11, 9995, Instrument No. 95075676, Official records
An Agreement to modify the terms and provisions of said Deed of Trust as therein provided:
Executed By: Pittsburg Economic and Housing Development Corporation and Wells Fargo Bank,
National Association
Recorded: May 6, 1997, Instrument No. 97-0074046, Official Records
13. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by
inquiry of the parties in possession thereof.
SCHEDULE B
...........................
Order No.: 6163648
14. Any rights of the parties in possession of said land, based on an unrecorded agreement, contract or lease, as
disclosed by inspection and investigation.
This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together
with all supplements, assignments and amendments, before issuing any Policy of Title Insurance,
15. Any easements not disclosed by those public records which impart constructive notice and which are not visible and
apparent from an inspection of the surface of said land.
16. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey
of the herein described land would disclose which are not shown by the public records.
TAX NOTE NO.: 1
Property taxes for the fiscal year shown below are paid. For proration purposes the amounts for the
Fiscal Year: 1998-99
1st Installment: $2,363.16
2nd Installment: 82,363.16
Land: $55,654.00
Improvements: $290,546.00
Exemption: $0.00
Code Area: 070074
Assessor's Parcel No.: 088-640-002
NOTE NO.: 2
Senate Bill 2319 effective January 1, 1991, requires that, unless waived by the California Franchise Tax Board, a buyer
must withhold from any seller who is not a California Resident, a sum equal to 3 1i3% of the sales price of the property
conveyed.
NOTE NO.: 3
There are no conveyances affecting said land, recorded within twenty-four(24) months of the date of this report.
NOTE NO.: 4
This report is subject to a minimum cancellation charge of$400.00 as required by Section 12404 of insurance Code and
Rule 2 of Bulletin No. NS-35 E.
NOTE NO.: 5
If an ALTA Residential Policy is to issue thru this transaction, the following items will be added to Schedule"B"of said
policy:
EXCEPTIONS FROM COVERAGE:
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
(a) Any rights, interests or claims of parties in possession of the land not shown by the public records.
(b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of
Covered Title Risks.
(c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This
exception does not limit the forced removal coverage in item 12 of Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
SCHEDULE B
3
Order No.: 6153648
--------------~~-------- LENDER'S SUPPLEMENTAL ADDRESS REPORT-----------------------
The
----- -----r--------------
The above numbered report is hereby modified and/or supplemented to reflect the following additional items relating to the
issuance of an American Land Title Association Loan Form Policy.
PLACER TITLE COMPANY states that the herein described property is residential, and that the property address is:
186 E. Leland Road
Pittsburg, California
dm/TC/9/2199
SCHEDULE E
4
CLTA Preliminary Report Form
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULES
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage costs,attorneys'fees or
expenses which arise by reason of:
1. (a) Any!aw,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances, or regulations)restricting,
regulating,prohibiting or relating to(1)the occupancy, use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement
now or hereafter erected on the;and;(iii)a separation in ownership or a change in the dimensions or area of the!and or any parcel of which the
land is or was a part;of(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except
to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation
effecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation affecting the land has been recorded in the public records at Late of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created,suffered, assumed or agreed to by the insured claimants;
(b) not known to the Company, not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant
(d)attached or created subsequent to Date of Policy; or
(e)resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured mortgage or for the
estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at bate of Policy, or the inability or failure of
any subsequent owner or indebtedness,to comply with the applicable doing business laws,of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof.which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
&. Any claim.which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of the operation of
federal bankruptcy,state insolvency or similar creditors'rights laws.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs, attorneys'fees or expenses)which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records
of such agency or by the public records.
2. Any facts. rights, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which
may be asserted by persons in possession thereof.
3 Easements, liens or encumbrances, or claims thereof,which are not shown by the public records.
4. Discrepancies,conflicts In boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which
are not shown by the public records.
5. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in acts authorizing the issuance thereof;(c)water rights, claims or title
to water,whether or not the matters excepted under(a),(b), or(c)are shown by the public records.
2. AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY(6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys'fees. and expenses resulting from:
1. Governmental policy power,and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances
and aiso laws and regulations concerning:
•land use •improvements on the land
•land division •environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy bate. This exclusion
does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
(List of Printed exceptions and Exclusions Continued on Next Page)
REV. 10/92 sT' ' Y 'it 'rXI T..]E:
Page 1 1G�1LXVLra.rat~ r Com air x�y
CLTA Preliminary Report Form
2. The right to take the land by condemning it,unless:
•a notice of exercising the right appears in the public records on the Policy Date
*the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
*that are created, allowed,or agreed to by you
-that are known to you,but not to us,on the Policy Date--unless they appeared in the public records
that result in no loss to you
*that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
*to any land outside the area specifically described and referred to in item 3 of Schedule A
or
*in streets, alleys,or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)
WITH ALTA ENDORSEMENT-FORM 'I COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS AND COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'fees or
expenses which arise by reason of:
9. (a) Any law, ordinance or governmental regulation(including by not limited to building and zoning laws,ordinances, or regulations)restricting,
regulating,prohibiting or relating to(l)the occupancy, use or enjoyment of the land; (ii)the character,dimensions or location of any improvement
now or hereafter erected on the land;(ii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part;of(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except
to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by(a)above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. 2. Rights or eminent dom=ain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects,liens, encumbrances,adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant becomes an insured under this policy;
(e) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage
over any statutory lien for services,labor or material or to the extent insurance is afforded herein the as to assessments for street improvements
under construction or completed at Date of Policy);or
(e) resulting in loss or damage which would not gave been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the
insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy
and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has
advanced or is obligated to advance.
7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal
bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer
results from the failure:
(1) to timely record the instrument of transfer;or
(ii)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
(List of Printed Exceptions and Exclusions Continued on next Page)
REV. 410192
Page 2 Cs iaraxzty+Coxpany
CLTA Preliminary Report Form
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records
of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by
making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances,or claims thereof,which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose, and which
are not shown by the public records.
5. (a) Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof:(c)water rights,claims or title
to water,whether or not the matters excepted under(a), (b),or(c)are shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances, or regulations)restricting,
regulating, prohibiting or relating to(1)the occupancy, use,or enjoyment of the?and; (ii)the character,dimensions or location of any improvement
now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or(iv)environmental,protection, or the effect of any violation of these laws, ordinances or governmental regulations,except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the;and has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluding by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens,encumbrances,adverse claims or other;matters:
(a) created,suffered,assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing
to the Company by the insured claimant prior to the date the insured claimant becomes an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by
this policy.
4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of
federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer:or
(b) the transaction creating the estate of interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(1) to timely record the instrument or transfer;or
(ii)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage, in addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Policy will also include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys`fees or expenses)which arise by reason of:
'. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records
of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by
making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances,or claims thereof,which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose, and which
are not shown by the public records.
5. (a) Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title
to water,whether or not the matters excepted under(a), (b),or(c)are shown by the public records.
REV. 10/92 Wr3E1W4%�11 "r 1XVT1r3i
Page 3
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LEASE AMENDMENT
EXHIBIT D
NOTICE OF
PUBLIC LAND SALE
Option to Purchase
Auction Sete
DATE: Tuesday, January 11, 2000
2:00 p.m.
PLACE: Public Works Department
Conference Room "A„
255 Glacier Drive
Martinez, CA 94553
PROPERTY LOCATION: 855 East Street, Pittsburg
NEC East Street and East Ninth Street
APN 085-186-016
PROPERTY DESCRIPTION: Vacant 0.64± acre level parcel, farmer
site of the Pittsburg Veterans' Building.
ZONING: Low Density Residential-maximum density
6.9 dwelling units/net acre. This property is
located in Area 11 of the Pittsburg Downtown
i Specific Plan; other uses are permitted subject
to City Planning Commission approval.
UTILITIES: All utilities are in and available to site.
MINIMUM BID: $60,000
OPTION DEPOSIT AMOUNT: $10,000.00 in the form of a certified check,
4 ,
j cashier's check or money order (no personal
checks).
OPTION PERIOD: 45 days after acceptance of the bid by the
Contra Costa County Board of Supervisors.
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553
For additional information, call Nancy Wenninger, Supervising Real Property Agent at
(925) 313-2227 Monday through Thursday between 8:00 a.m. and 5:00 p.m.
G:tGrpDatatftatPropt 1999-FiJest99-11 tveteransnodce.doc
ORAL BIDDING
In order to participate in the bidding procedure a CASHIER'S CHECK, CERTIFIED CHECK, OR
MONEY ORDER, in the amount of$10,000 must be deposited with the auctioneer prior to the start of
bidding. No exceptions.
Bidding will open at the$60,000 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 an "Option Agreement" and to leave
with the auctioneer their $10,000 non-refundable deposit in the form of a CASHIER'S CHECK, CERTIFIED
CHECK OR MONEY ORDER, payable to Contra Costa County.
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.
BIDDER DEFAULT
In the event that the high bidder fails to exercise his or her Option within the Option per=iod or defaults in
completion of the sale, the County may, at its discretion, offer the Option to the second highest bidder. If the
second highest bidder accepts the offer, the deposit requirement and terms of Option to Purchase shall be
the same as stated in this notice of sale, except that the Option period shall commence upon acceptance by
the Board of Supervisors.
CLOSING TRANSACTION
Successful bidder will have the Option period of 45 days after bid acceptance to complete the transaction
under the TERMS OF THE OPTION AGREEMENT,attached hereto.
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.
All County employees may bid to acquire surplus County property, except employees who have direct
access to information not generally available to the public or who influence the purchase or sale of right of
way or other real property.
THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT GUARANTEED.
NW
G:\GrpData\Rea1Prop\1999-Fles\59-11\sA&Veterans.doc
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Parcel Number: 085-186-016 Optionee:
Project Name: Former Pittsburg Veterans' Building Site Address:
Project Number. 4405-6G5512
OPTION AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY
AND THE OPTIONEE NAMED HEREIN
1. Recitals.
a. CONTRA COSTA COUNTY, a political subdivision of the State of California
("County") is the owner of the certain real property described in Exhibit "A" attached
hereto and made a part hereof, and further identified as A.P.N. 085-186-016,
hereinafter referred to as the "Property.,'
b. County proposes to sell the Property
C. , ("Optionee') desires to acquire the exclusive right to
purchase the Property at an agreed price and under the specific terms and
conditions below.
2. Effective Date.
The effective date of this Option shall be the date that this Option is approved by the Contra
Costa County Board of Supervisors.
3. Grant of Option.
County grants to Optionee the exclusive option to purchase the Property on the terms and
conditions in this Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or terminate
on the earliest of the following dates:
a. Caption Period. l=orry-five (45) days following the Effective Date, unless during said
forty-five (45) day period County receives from Optionee written notice that Optionee
wishes to extend the Option Period.
b. Extension of Option Period. County, in its sole discretion, shall have the right, but
not the obligation, to extend the term of either the Option Period, under such terms
and conditions as County believes is reasonable, if County, in its sole discretion,
believes such extension is warranted. No such extension shall be effective unless
and until it is in writing signed by both parties.
C. Breach. immediately upon a breach or default by Optionee under this Option
Agreement.
d. Purchase. The date that the Optionee acquires the entirety of the Property.
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5. Consideration for Option
a. payment. As consideration for the Option granted under this Agreement, Optionee
agrees to pay County the sum of Ten Thousand Dollars ($10,000.00) upon the terms
and conditions outlined herein, said amount to be credited to the Purchase Price of
the Property ("Option Consideration"). The Option Consideration shall be paid on or
before the date this Agreement is approved by the Board of Supervisors. The Option
Consideration shall be paid at the Public Works Department, Real Property Division,
255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County.
b. Retention of Option Consideration. Except as provided in this Section 5.b.(1) and
in Section 10 below, all Option Consideration paid to or on behalf of County shall
belong to County and be retained by County, whether or not Optionee ultimately
exercises its right to purchase the Property. County shall have no obligation to
account for the Option Consideration to Optionee.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at County's Option the sale may be
consummated through an escrow at a title company to be selected by County ("Title
Company"). In such case, Optionee hereby authorizes County to prepare and file
escrow instructions with said Title Company on behalf of Optionee in accordance
with this Agreement. Escrow shall be deemed to be closed and the Property shall
be deemed to be conveyed on the date the deed to Optioned is recorded ("Closing
Date"). All escrow fees, recording fees, documentary transfer taxes or other real
estate transaction taxes or fees, by whatever name known, including broker's
commission, if any, and personal property sales taxes where applicable, will be paid
solely by Optionee. If title insurance is desired by the Optionee, Optionee will be
solely responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price") for the Property during the
Option Term is the sum of Dollars ($ ).
All Option Consideration paid by Optionee shall be credited to the Purchase Price of
the Property. The Purchase Price shall be paid at the Public Works Department,
Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the
Contra Costa County.
C. Title; Grant Deed. The right, title and interest in the Property to be conveyed by
County pursuant to this Agreement shall not exceed that vested in the County. If the
Optionee exercises its option, the Property shall be conveyed to Optionee subject to
all title exceptions, restrictions, easements, liens and reservations, whether or not of
record. The sale under this Option is subject to the approval of the Contra Costa
County Board of Supervisors. The Optionee may not take possession of the
Property until a deed from the Contra Costa County has been recorded. If the
Optionee exercises its Option, upon approval by the Board of Supervisors, the
County shall convey title to the Property to the Optionee by Grant Deed. It is
understood that Optionee acquires no right, title, interest or equity in or to said
property until a grant deed to Optionee is recorded.
7. Exercise.
From and after the Effective Date, this Option may be exercised by Optionee's delivering to
County before the expiration of the applicable First or, if requested, the Second Option
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Term, written notice of the exercise ("Exercise Notice") and payment of the Purchase Price
to the County.
8. Condition of the Property.
Neither County, nor its agents or employees have made any warranty, guarantee or
representation conceming any matter or thing affecting or relating to the Property nor does it
assume any responsibility for the conformance to codes or permit regulations of the city or
County within which the Property is located.
If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition.
County has not made and does not make any representation as to the physical condition of
the Property.
9. Right of Entry. During the term of this Option and prior to the Closing date, Optionee, its
agents, contractors and employees, shall have the right to enter the Property at all
reasonable times for the purpose of performing reasonable tests, engineering studies,
surveys, soil and environmental tests and other tests, surveys, studies, and investigations of
the Property as Optionee determines necessary or desirable. Optionee will defend,
indemnify and hold County harmless from any claim, loss or liability in connection with any
entry by Optionee, its contractors, agents and employees and Optionee will be solely
responsible for all costs incurred in connection with these activities or Optionee's
investigation of the Property.
10. informalities; Cancellation of Sale.
County reserves the right to waive any informality or irregularity on any offer or cancel the
sale at any time prior to recording of a deed. In the event of cancellation of sale by County,
through no fault, action or inaction of Optionee, all monies deposited shall be refunded
without payment of interest.
11. Notices.
All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed
delivered three (3)business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
(4) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally delivered.
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b. The place for delivery of all notices given under this Agreement shall be as follows:
County: Deal Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2220
Pax: (925) 313-2333
Optionee: (Name
(Address)
(Telephone)
or to such other addresses as Optionee and County may respectively designate by
written notice to the other.
12. Assignment, Successors and Third-Party !:tights.
This Option and all rights under this Agreement shall be freely assignable. This agreement
shall be binding on and inure to the benefit of the parties, and their respective heirs,
personal representatives, successors and assigns. Nothing in this Agreement, express or
implied, is intended to confer on any person, other than the parties and their respective
successors and assigns, any rights or remedies under or by reason of this Agreement.
13. 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 have
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.
14. Further Assurances.
Whenever requested to do so by the other party, each party shall execute, acknowledge and
deliver ail 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, 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.
15. Governing Larry.
This Agreement shall be governed and construed in accordance with California Law. The
venue for any legal action pertaining to this Agreement shall be Contra Costa County,
California.
16. Severability.
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Should any 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.
17. Indemnification.
As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save
and hold harmless County, its officers, agents, and employees, from any and all claims,
costs and liability for any damages, sickness, death or injury to persons or property,
including without limitation all consequential damages, from any cause whatsoever,
including the sole or joint negligence of County, its agents, officers or employees, arising
directly or indirectly from or connected with the repairs or any present or future condition of
the Property or use of the Property which is the subject of this Agreement, or any
representations, misrepresentations or non-representations regarding its condition or use,
and will make good to and reimburse County for any expenditures, including reasonable
attorneys' fees that County may make by reason of such matters and, if requested by
County, will defend any such suits at the Optionee's sole expense.
18. Survival.
All of the terms, provisions, representations, warranties and covenants of the parties under
this Agreement shall survive the close of escrow of the Property, shall be fully enforceable
after the Closing Date in accordance with their terms and shall not merge in the deed or
other documents following the delivery and recordation of said deed or other documents.
19. Quitclaim deed.
If this Agreement is terminated, Optionee agrees, if requested by County, to execute,
acknowledge, and deliver a quitclaim deed to County within ten (10) days after termination
and to execute, acknowledge, and deliver any other documents required by any title
company to remove the cloud of this Option from the Property.
20. Negation of Optionee or Partnership.
No provision of this Agreement shall be construed as making either party an agent or partner
of the other party.
21. Time of Essence.
Time is of the essence for the Option Agreement. If the Option is not exercised in the
manner provided in Section 7 before the expiration of the applicable Option Term, Optionee
shall have no interest in the Property and the Option may not be revived by any subsequent
payment or further action by Optionee.
22. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall 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.
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23. Amendment.
This Agreement may not be amended or altered except by a written instrument executed by
County and Optionee.
24. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the matters
set forth, and expressly supersedes all previous or contemporaneous agreements,
understandings, representations or statements between the parties respecting this matter.
CONTRA COSTA COUNTY OPTIONEE
By By
Chair, Board of Supervisors
ATTEST: Phil Batchelor, Authority By
Administrator and Clerk of the Board
of Supervisors
By
Deputy
APPROVED AS TO FORM:
By
County Counsel
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
C:\GrpData\Rea{Prop\1989-Files\99-11\SA3veterans,doc
(Revised August 25, 1999) (County)
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