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HomeMy WebLinkAboutMINUTES - 11021999 - SD9 _.. . _. THE BOARD OF SUPERVISORS OF CONTRA COSTA CuUNTY, CALIFORNIA Adopted this Resolution November 2, 1999, by at least a four-fifths vote as follows: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO. 99/ 574 (Gov. Code§25365) SUBJECT: Conveyance of County Owned Excess Real Property to the Central Contra Costa Sanitary District Parcel 1 Animal Services Facility and Parcel 2 Vacant Land Project No. 0928-4415-SAS 5B048F (6X3101) Martinez Area CP No. 99-47 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board on September 28, 1999, passed Resolution No. 99/498 and Notice fixing November 2, 1999, at 10 a.m., in its Chambers, County Administration Building, Martinez, California, as the time and place when it would meet to consummate the conveyance of the real property described therein to Central Contra Costa Sanitary District; said Notice was duly published in the Contra Costa Times. This Board, by the aforesaid Resolution, found that said property is no longer required for present or future County use and the sales price of$2,928,631.00 represents its fair value. This Board hereby APPROVES the Purchase, Sale and Leaseback Agreement between Contra Costa County and Central Contra Costa Sanitary District, and the conveyance of the property described in Exhibit "A" attached hereto, to the Central Contra Costa Sanitary District upon payment of$2,928,631.00 to the County. The Board Chair is hereby AUTHORIZED to execute a Grant Deed to the Central Contra Costa Sanitary District on behalf of the County, and DIRECTS the Real Property Division to cause its delivery to the Grantee for acceptance and recording. The Board Chair is hereby AUTHORIZED to sign the Purchase, Sale and Leaseback Agreement on behalf of the County. The Board Chair hereby APPROVES AND AUTHORIZES the Director of General Services to execute a leaseback with Central Contra Costa Sanitary District, for the premises at 4849 Imhoff Place, Martinez, for occupancy of the Animal Services Department, under the terms and conditions more particularly set forth in said Leaseback. LLO:eh G:1GrpData\RealPropl1999-Files199-1018R1QAcccsd.doc 1 hereby certify that this is a true and correct copy of an action taken and entered on the Odg. Dept.: Public Works (RP) minutes of the Board of Supervisors on the Contact: Paul Gavey(313-2000) date shown. Or L. Lucy©wens (313-2229) cc: County Administrator ATTESTED: NOVEMBER 2, 1999 County Assessor PHIL BATCHELOR,Clerk of the Board of County Auditor-Controller Supervisors and County Administrator Public Works Accounting Grantee(via RIP) By a ; Deputy RESOLUTION 99/ 574 Exhibit "A" Parcel 1 Excess Property - Animal Services Site Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the parcel of land described in the deed to Contra Costa County recorded May 7, 1962, in book 4113 of Official Records at page 318, and a portion of the parcel of land described in the deed to Contra Costa County, recorded November 12, 1971, in Book 6519 of Official Records at page 464, described as follows: Beginning at the southwest comer of said Contra Costa County Parcel (4113 OR 318), which lies on the northerly right of way line of Imhoff Driveas described in Relinquishment No. 22189 to the County of Contra Costa recorded September 4, 1963, in Book 4443 of Official Records at page 252; thence from said Point of Beginning leaving said northerly right of way line of Imhoff Drive, along the westerly line of said Contra Costa County Parcel, north 1°10'16" east 421.14 feet to the southwest corner of Parcel Three described in the deed to Central Contra Costa Sanitary District, recorded May 31, 1991, in Book 16630 of Official Records at page 467; thence leaving the westerly line of said Contra Costa County Parcel, along the southerly line of said Central Contra Costa Sanitary District Parcel, south 88049'44" east 67.40 feet to a point on the westerly right of way line of Imhoff Place as described in Relinquishment No. 40382 to the County of Contra Costa recorded April 8, 1983, in Book. 11200 of Official Records at page 144, said point being on a non-tangent curve, concave to the east from which a radial line bears north 73009'42" east; thence leaving the southerly line of said Central Contra Costa Sanitary District parcel, along said westerly right of way line, southerly along the arc of said curve, having a radius of 1030.00 feet, through a central angle of 5°27'29", a distance of 98.12 feet; thence tangent to said curve, south 22017'47" east 318.56 feet; thence southerly and southwesterly along the arc of a tangent curve, concave to the west, having a radius of 22.00 feet, through a central angle of 51°19'09", a distance of 19.70 feet; thence southwesterly, southerly and southeasterly along the arc of a reverse curve, concave to the east,', having a radius of 42.00 feet, through a central angle of 138020'33", a distance of 101.41 feet to the northwest corner of the parcel of land described in the deed to Central Contra Costa Sanitary District, recorded November 12, 1981, in Book 10571 of Oficial Records at page 144; thence leaving said westerly right of way line of Imhoff Place, along the west line of said Central Contra Costa Sanitary District parcel, south 22°17'47" east 102.64 feet to the southwest comer of said Central Contra Costa Sanitary District parcel, said point also being on the northerly right of way line of said Imhoff Drive (4443 OR 252); thence along said northerly right of way line of Imhoff Drive, north 66001'24" west 348.18 feet to the Point of Beginning. 1 Containing an area of 80,538 square feet (1.845 acres) of land, more or less. Parcel 2 Excess Property -Vicinity of Imhoff Drive Real property in an unincorporated area of the County of Contra Costa, State of California, being all of the parcel of land described in the Director's Deed to Contra Costa County recorded January 11, 1977, in book 8160 of Official Records at page 153. Containing an area of 47,679 square feet (1.095 acres) of land, more or less. Bearings are based on the California Coordinate System of 1927 (CCS27), Zone Ill. These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor Contra Costa County Public Works exp. J�999 Ne, 5i99 j Date: JS:$pp G:tGrpDatalClerical1EXHISI S'119991Animai Services Exc esa.doc August 4, 1999 2 t• 6 etONTRA PUBLIC WORKS DEPARTM NT OSTA INITIAL. STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT#4500-6X3101 CP#99- 4T PROJECT NAME: Sale of Animal Services Property PREPARED BY: Trina Torres tom' DATE: June 23, 1999 APPROVED BY:gk�"&6( .Ch. DATE: 1/401 1 RECOMMENDATIONS: (X) Categorical Exemption (Class 12) ( ) Negative Declaration ( ) Environmental impact Report Required ( ) Conditional Negative Declaration The project will not have a:significant effect on the environment. The recommendation is based on the following: The Animal Services property is surplus government propertywhich is not in an area of statewide, regional, or area wide concern as identified in Section 15206 (b)(4). What changes to the project would mitigate the Identified Impacts N/A' USES Quad Sheet 'Vine Hill Bake Map Sheet #G13 Parcel# 159-150-046 & 159-150-050 GENERAL CONSIDERATIONS: 1. Location: The project is located at Imhoff Drive, Old Imhoff Drive, and Imhoff Place, in the central county area near the City of Martinez (Figures 1 --4). 2. Project Description: The project consists of the sale of two properties to Central Centra Costa Sanitary District for expansion of their facilities. The properties are located at Imhoff Drive (159-150-050) and Imhoff Place (159-150-046). The property on Imhoff Drive is currently vacant. The property located at Imhoff Place (and abutting Old Imhoff Drive) currently houses the Animal Services facility, which will be relocated. The sale will include the portion of Old Imhoff Drive that abuts the Animal Control facility, as well as the relinquishment of Imhoff Place. The Central Contra Costa Sanitary District will be responsible for obtaining CEQA compliance for activities associated with future development and the maintenance of the property. 3. Does It appear that any feature of the project will generate significant public concern? [l yes [X] no [ ) maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [l yes [X] no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? Yes (City of Martinez) At C:tGwpData%Engsvc%ENVIRO%gprojects%CEQAonty% Catex\Anfmat Services Property Sate.doc Parcel Numbers: 159-150-046 &050 ORIGINAL plus portions of Old Imhoff Drive and Imhoff Place Project Name: Sale of Animal Services Center Project No. 4500-6X3101 Purchase, Sale and Leaseback Agreement This Purchase, Sale and Leaseback Agreement ("Agreement") is entered into by and between Contra Costa County, a political subdivision of the State of California (referred to hereinafter as "County") and Central Contra Costa Sanitary District(referred to hereinafter as"District"). Recitals A. County is the owner of real property located in the Martinez area of the County of Contra Costa, State of California, commonly known as the County Animal Services Facility at 4849 Imhoff Place ("Parcel V); a vacant parcel along Imhoff Drive known as Asssessor's Parcel Number 159-150-050 ("Parcel 2"); adjacent portions of the County Roads known as Imhoff Place ("Parcel 3"); and Old Imhoff Drive ("Parcel 4"), and described in Appendix"B"attached hereto and incorporated herein by reference. B. County agrees to convey all of the properties described in Appendix "B" to District, and District agrees to acquire all of the properties described in Appendix "B" from County in accordance with and subject to the terms and conditions of this agreement. The consideration for this conveyance is described in Clause 2.1 of the agreement herein. C. In consideration of the County's conveyance of the properties described in Appendix "B" ("the Property„) herein, District agrees to pay County the sum of $2,928,631.00 and to lease back to the County the Animal Services Facility ("Parcel 1") in accordance with the terms and conditions of this agreement. Agreement Now, therefore, in consideration of the agreements herein contained and for ether good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Effective Date. It is understood that this Agreement is subject to approval by the County Board of Supervisors. This agreement is effective on the date approved by both the Board of Supervisors and the District. 2. Terms. 2.1 Purchase Price. The purchase price for the Property shall be Two Million Nine Hundred Twenty- eight Thousand Six Hundred Thirty-one Dollars ($2,928,631.00) ("Purchase Price"). 2.2 Conveyance and Leaseback. it is mutually agreed that it is of benefit to both County and District to delay conveyance of Parcel 3 and Parcel 4 until the Leaseback Agreement attached hereto as Appendix "C" is terminated. Therefore, it is mutually agreed that the four parcels covered by this agreement shall be conveyed as follows: A. Parcels 1 and 2 in Appendix"B" shall be conveyed by Grant Dewed (Appendix "A") on close of Escrow as described in Clause 3 below. 1 of 5 B. County will convey Parcels 3 and 4 in Appendix"B" by Quitclaim Deed within 30 days after the date that the Leaseback Agreement is terminated and the Animal Services Facility is surrendered by the County. 2.3 No Representations. A. County has made no other representations, statements or warranties to the District concerning the Property, including, without limitation, the Property's physical condition, the environmental condition of the Property, the status of title to the Property or the Property's fitness for a particular use. There is no warranty or liability, express or implied on the part of County as to the condition of the buildings, the condition of the soil or the geology of the soil. Except as provided in this Article, it shall be the sole responsibility of the District, at its sole cost and expense, to investigate and determine the suitability of the soil, geologic, environmental and seismic conditions of the Premises for any contemplated development. B. District shall take title to the Property in its "AS-€S" condition. County agrees to remove, at County's sole expense, the wrapping around the boiler in the Animal Services Facility prior to the termination of the Leaseback referred to in Clause 2.4 herein. 2.4 Leaseback. County and District agree that County is to retain possession and use of the premises known as the Animal Services Facility ("Parcel 1") afterthe effective date of the agreement in accordance with the Leaseback Agreement attached' hereto as Appendix "C„ (hereinafter"Lease"). 3. Escrow. By this Agreement, County and District establish an escrow ("Escrow") with Old Republic Title Company, 3000 Clayton Road, Concord, California, their Escrow No. 280901', ("Title Company„). District hereby authorizes County to prepare and file escrow instructions with said Title Company, on behalf of District, in accordance with this Agreement. 3.1 County's Deposit into Escrow. Prior to the close of escrow County will deposit into Escrow with the Title Company the following documents: A. A grant deed in recordable form and properly executed on behalf of the County, in a form approved by District ("Grant Deed"), conveying to District in fee simple the Property described as Parcel 1 and Parcel 2 in Appendix "B" herein, subject to all conditions, covenants, and exceptions listed in the Preliminary Title Report dated July 26, 1999, from Old Republic Title Company, Escrow No. 280901. B. Lease signed by County for the premise known as the Animal Services Center, which the District has agreed in writing are to remain in effect after District takes title. Attached hereto as Exhibit"C„ 3.2 District's Deposit into Escrow. Prior to the Close of Escrow District will deposit the full Purchase Price described in Clause 2.1 above into escrow with the Title Company and will execute the Lease. 3.3 Close of Escrow. Escrow shall close upon the conveyance of Parcels 1 and 2 to the District as described in Section 3.1A above, and the conveyance of the Lease to the County as described in Section 3.1.8 above ("Close of Escrow"). On the closing date, the ',Title Company shall close Escrow as follows: A. Record the Grant Deed, for Parcels 1 and 2 marked for return to the District care of Ken F. Laverty, Purchasing & Materials Manager for the District (which shall be deemed delivery to the District); 2 of 5 B. Issue a Title Policy for Parols f and 2, if requested to do so by the District; C. Deliver fully executed Lease to County; D. Disburse to the County the total amount of the Purchase Price, less prorated amounts and charges to be paid by or on behalf of County; E. Prepare and deliver to the District and to the County one signed copy of the Title Company's closing statement showing all receipts and disbursements of the Escrow. 3.4 Fees and Title insurance. The District shall pay all recording fees and if title insurance is desired by district ("Title Policy„) District shall pay the premium charged therefor. If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company shall notify the parties hereto and retain all funds and documents pending receipt of further instructions from the County. 4. Voluntary Execution of Agreement. The parties hereto have freely and voluntarily executed this Agreement and are not acting under coercion, duress, menace, economic compulsion, or because of any supposed disparity of bargaining power; rather, the parties hereto are freely and voluntarily signing this Agreement for their own benefit. 5. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors, assigns and related agencies and entities. 6. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action pertaining to this Agreement shall be Contra Costa County, California. 7. Entire Agreement. This Agreement and any exhibits attached hereto and incorporated herein by reference contain the entire agreement between the parties hereto with respect to the subject matter of this Agreement except as set forth herein. It is expressly understood by each of the parties that this Agreement may not be altered, amended, modified or otherwise changed in any respect whatsoever, except by a writing executed by all parties hereto. 8. Counterparts. This Agreement may be executed in as many counterparts as may be necessary or convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, and all such counterparts shall constitute one and the same instrument. 9. Severability. If any term, condition or provision of This Agreement is declared illegal or invalid for any reason by a court of competent jurisdiction, the remaining terms, conditions and provisions shall nevertheless remain in full force or effect. 10. 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: County: Donna Dawkins Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 (925) 313-2220 3 of 5 _. District: Ken P. Laverty Purchasing & Materials Manager Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 (925) 229-7307 or to such other addresses as District and County may respectively designate by written notice to the other. 1. Cooperation and farther Assurances. The parties hereto shall reasonably cooperate with each other to fulfill the terms and conditions of this Agreement. 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, 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. [Remainder of Page Intentionally Left Blank) 4of5 _ __ BY AFFIXING HIS/HER SIGNATURE BELOW, EACH OF THE PERSONS SIGNING THIS SETTLEMENT AGREEMENT AND RELEASE REPRESENTS THAT HE/SHE HAS READ AND UNDERSTANDS THIS SETTLEMENT AGREEMENT AND RELEASE, THAT HE/SHE IS AUTHORIZED TO SIGN THIS SETTLEMENT AGREEMENT AND RELEASE, AND THAT THE PARTY ON BEHALF OF WHOM HE/SHE SIGNS THIS SETTLEMENT AGREEMENT AND RELEASE AGREES TO BE BOUND BY ITS TERMS. Date: 90 Ueh—_ 2.' � llqq (Date of Board Approval) CONTRA COSTA COUNTY, a political CENTRAL CONTRA COSTA SANITARY DISTRICT Subdivision of the $tate of California By. R / ,.� By: Of fir, Koard of Supervisors ITresident`8f theirbistrijci V Recommended for Approval: By: fila4;ea�' � e e of the District By: � � Dir of Capit ac ities By: ` Princi al eal Property Agent OVER AST FORM: APPROVE S F B By: Assistant County Counsel Di tract Counsel NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. PG:eh GARealProp11999-Files199-61AnimalServicesAgreement.doc September 20, 1999 5 of 5 Recorded at the request of Central Centra Costa Sanitary District Return to: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 Attention: Ken Laverty Assessor's Parcel Nos. 159-150-046 & 050 Title Co. Order No. 280941 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Grants to CENTRAL CONTRA COSTA SANITARY DISTRICT, a special district, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBITS "A", "B-1" and "B-2" ATTACHED HERETO AND MADE A PART HEREOF, CONTRA COSTA COUNTY a Dated November 2, 1999 ey hair, Board of Supervisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) On November 2, 1999 before me, Phil Batchelor, Clerk of the Berard of Supervisors and County Administrator, Contra Costa County, personally appeared, Joseph Canciamilla who is personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instru- ment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. By: uty Clerk LO:eh G:\GrpData\RealProp\1999-Files\99-8\ccesd-dg.doc Exhibit "A" Parcel 1 Excess Property - Animal Services Site Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the parcel of land described in the deed to Contra Costa County recorded May 7, 1962, in book 4113 of Official Records at page 318, and a portion of the parcel of land described in the deed to Contra Costa County, recorded November 12, 1971, in Book 6519 of Official Records at page 464, described as follows: Beginning at the southwest corner of said Contra Costa County Parcel (4113 OR 318), which lies on the northerly right of way line of Imhoff Driveas described in Relinquishment No. 22189 to the County of Contra Costa recorded September 4, 1963, in Book 4443 of Official Records at page 252; thence from said Point of Beginning leaving said northerly right of way line of Imhoff Drive, along the westerly line of said Contra Costa County Parcel, north 1°19'16" east 421.14 feet to the southwest corner of Parcel Three described in the deed to Central Contra Costa Sanitary District, recorded May 31, 1991, in Book 16630 of Official Records at page 467; thence leaving the westerly line of said Contra Costa County Parcel, along the southerly line of said Central Contra Costa Sanitary District Parcel, south 88049'44" east 67.40 feet to a point on the westerly right of way line of Imhoff Place as described in Relinquishment No. 40382 to the County of Contra Costa recorded April 8, 1983, in Book 11200 of Official Records at page 144, said point being on a non-tangent curve, concave to the east from which a radial line bears north 73°09'42" east; thence leaving the southerly line of said Central Contra Costa Sanitary District parcel, along said westerly right of way line, southerly along the arc of said curve, having a radius of 1030.00 feet, through a central angle of 5°2729", a distance of 98.12 feet; thence tangent to said curve, south 22'17'47" east 318.56 feet; thence southerly and southwesterly along the arc of a tangent curve, concave to the west, having a radius of 22.00 feet, through a central angle of 51°19'09", a distance of 19.70 feet; thence southwesterly, southerly and southeasterly along the arc of a reverse curve, concave to the east,''having a radius of 42.00 feet, through a central angle of 138020'33", a distance of 101.41 feet to the northwest corner of the parcel of nand described in the deed to Central Contra Costa Sanitary District, recorded November 12, 1981, in Book 10571 of Official Records at page 144; thence leaving said westerly right of way line of Imhoff Place, along the west line of said Central Contra Costa Sanitary District parcel, south 22°17'47" east 102.64 feet to the southwest corner of said Central Contra Costa Sanitary District parcel, said point also being on the northerly right of way line of said Imhoff Drive (4443 OR 252); thence along said northerly right of way line of Imhoff Drive, north 6601'24" west 348.18 feet to the Point of Beginning. 1 Containing an area of 80,538 square feet (1.849 acres) of land, more or less. Parcel 2 Excess Property -Vicinity of Imhoff Chive Real property in an unincorporated area of the County of Contra Costa, State of California, being all of the parcel of land described in the Director's Deed to Contra Costa County recorded January 11, 1977, in book 81601 of Official Records at page 153. Containing an area of 47,679 square feet (1.095 acres) of land, more or less. Bearings are based on the California Coordinate System of 1927 (CCS27), Zone Ill. These real property descriptions have been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. -,.tj-el,— Signature Licensed Land Surveyor Contra Costa County Public Works Na. 5999 Date: JS:gpp G:1GrpDatalClerical\EXHISITS119991Animal Services Excess.doc August 4, 1999 2 �/ u 4 _ STATE n CAL! MHOFF ©R. {C.C.Cp,} L X`f # i B I � ' B " '� 7803 OF; 208 11NCit} 5, 14 100.001 o.is r a -• m � �tflN o y a a a y 3 - - � c C)� �i � Y — N c 0 TQ S � h r^* Cv 000 �a W 0 C7 O � co rQ �� coo -- - rri . coo cq Y tr1 N m L ) ' n C.C.C.S.D. °' '� L 10571 OR 144 EXHIBIT C.C. V V. v 6179 OR 462(RESO. NO. /442) I.O.O.F. 6179 OR 465 CEMETARY C.C.Co. 5774 OR 178 Cj-QJ V-/ L-35.81 rW N82° �'41 , Im OFF DRIVE N310 4 2.6 411775 OR 441 . S (FILE A-3887H-83) '`' ` S 0S N850 47'48"E 428.24' 85.23' ti l � 8160 OR 153 ;� `� 7C�` �' TOTAL AREA-1.10 AG'RES Jol IN S39° 20'18"E / � "`�� L .�. 6897' ` N89a 37'12"E STATE OF CALIF. C.C.C.S.D. ' 7092 OR 223 16630 OR 467 00 i 100 LSM 42 0-� REFERENCES: STATE OF CALIF. R/W RECORD MAP R-96.43 C.C.CO. PUBLIC WORKS [SEPT. DRAWI�;G A3887H-83 ACCESS RIGHTS RELINQUISHED CAD FLE NO A5310199-106 4 APPENDIX "C" LEASEBACK TABLE OF CONTENTS 4849 Imhoff Place Martinez, California Animal Services Department SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES. .......................................................................................................... I A.2. PURPQSE.......................................................................................................... I A.3. ,EASE OF PREMISES..................................................................................... I A.4. . .................................... . ......................................... ........................... I A.5. RENT............................................................I.................................................... I A.6. RENT DURING HOLDOVER PERIOD..........................................................2 A.7. USE OF PREMISES..........................................................................................2 A.8. UTILITIES.........................................................................................................2 A.9. MAINTENANCE AND REPAIRS ...................................................................2 A.1 U.NOTICES...........................................................................................................2 A.11.EXHIBITS ANTI ATTACHMENTS.................................................................2 A.12. WRI"T"TEN AGREEMENT................................................................................ 3 A.13. TIME IS OF THE ESSENCE............................................................................ 3 A.13. SIGNATURE BLOCK ...................................................................................... 3 SECTION B: STANDARD PROVISIONS B.I. HOLDING-OVER. .............................................................. ...........................4 B.2. HOLD HARMLESS ............................................................ ...........................4 B.3. ALTERATIONS FIXTURES ANIS SIGNS....................................................4 B.4 DESTRUCTION................................................................................................4 B.5. QUIET ENJOYMENT B.6. DEFAULTS ...................................................................................................... 5 B.7. SURRENDER OF PREMISES............................................ ........................... 5 B.8. SUCCESSORS AND ASSIGNS ....................................................................... 5 B.9. SEVERABILITY............................................................................................... 5 SECTION C: SPECIAL PROVISIONS C.I. CANCELLATION.............................................................................................6 C.2. HAZARDOUS MATERIALS...........................................................................6 EXHIBITS EXHIBIT A: PREMISES LEASEBACK FOR CONTRA COSTA COUNTY ANIMAL SERVICES DEPARTMENT 4849 IMHOFF PLACE MARTINEZ, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on , CENTRAL CONTRA COSTA SANITARY DISTRICT, hereinafter called "DISTRICT", and the COUNTY OF CONTRA. COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", mutually agree and promise as follows: A.Z. PURPOSE: The purpose of this agreement is to provide for the lease back of the Premises following sale of said Premises by the COUNTY to the DISTRICT. Immediately upon close of escrow for the sale, COUNTY will proceed with planning and development of a new animal service center nearby. On the completion and relocation to the new facility, COUNTY shall terminate this lease and vacate the Premises. A.3. LEASE OF PREMISES: DISTRICT, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from DISTRICT those certain premises consisting of approximately 10,700 square feet of buildings plus adjacent parking and fenced storage areas, commonly known and designated as 4849 Imhoff Place, Martinez, California as more particularly described in Exhibit "A" attached hereto and made a part hereof("Premises"). AA. 'PERM: The term of this Lease shall be for three (3) years, commencing upon the close of escrow for DISTRICT's purchase of the Premises and ending on the last day of the 36th month following the close of escrow. The commencement date shall be (to be filled in when known). A.S. RENT: COUNTY shall pay to DISTRICT as rent for the use of the Premises a monthly rental of FIVE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($5,800.00), payable in advance on the tenth day of each month during the term of this Lease. Payments shall be mailed to: 5019 Imhoff Place, Martinez, CA 94553. Rent for - I - Draft 9/21/99 11:12 AM ............... the first month of occupancy shall .be prorated from the close of escrow for sale of the Premises. A.6. RENT DURING HQLROYER PERIOD: In the event COUNTY shall hold over its occupancy of the premises beyond the term of this lease, in accordance with Paragraph 8.1., HOLDING OVER, the rent shall be as follows: From the 37L" month through the 390' month: $23,200.00 per month From the 40'h month on: $29,000.00 per month A.7. USE--0 — a EPREMIS—E : The Premises shall be used during the term as an animal services center and related purposes and for storage of construction equipment and supplies during construction of COUNTY's new animal services facility. A.B. UTILITIES:, COUNTY shall pay for all gas, electric, water, sewer, and refuse collection services provided to the demised Premises. A.9. MAINTENANCE AND REPAIRS: COUNTY shall, at COUNTY's expense, keep and maintain every part of the premises in good order and repair. A.10. NI T3 All notices given hereunder shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time: To DISTRICT: Central Contra Costa Sanitary District Purchasing &Materials Division 5019 Imhoff Place Martinez, CA 94553 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello,Avenue, Suite 100 Martinez, CA 945534711 A.11. EXHIBITS A N-D, A ACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A - Premises are attached to this Lease and are made a part hereof. _ 2 _ Draft 9/21/99 9:42 AM A.12. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a writing signed by both parties. The headings of the paragraphs are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. A.13. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.13. SIGNATURE BLOCK COUNTY DISTRICT COUNTY OF CONTRA COSTA, a CENTRAL CONTRA COSTA Political subdivision of the State of SANITARY DISTRICT California By By Director of General Services By RECOMMENDED FOR APPROVAL: By By Director of Capital Facilities and Debt Management By By Animal Services Department By Deputy General Services Director By Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel By Deputy - 3 - Draft 9/21/99 9:42 AM LEASEBACK FOR CONTRA COSTA COUNTY ANIMAL SERVICES DEPARTMENT 4849 IMHOFF PLACE MARTINEZ, CALIFORNIA SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the term or extension of this Lease as provided hereinabove shall be construed to be a tenancy from month to month, subject to the terms of this Lease so far as applicable, except that the rent shall be as indicated in Paragraph A.5., RENT DURING HOLDOVER PERIOD. B.2. HOLD HARMLESS: COUNTY agrees, to the fullest extent allowed by law, to defend, indemnify, save, protect and keep harmless DISTRICT and its agents, officers and employees from any and all claims, costs and liability for any damage, sickness, injury or death, caused by the COUNTY's acts or omissions under this agreement. COUNTY's obligations under this section shall not apply to any claim, cost or liability caused by the negligence or willful misconduct of the DISTRICT. B.3. ALTERATIONS. FIXTURES. AND SIGNS: COUNTY may make any lawful and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY's sole cost and expense, and all signs shall meet with existing code requirements. B.4. DESTRUCTION: In the event of damage causing a partial' destruction of the Premises during the term of this Lease from any cause, COUNTY shall have the option to repair the damage at COUNTY's sole cost and expense or to terminate the Lease. B.S. QUIET ENJOYMENT: DISTRICT covenants that COUNTY shall at all times during the term peaceably and quietly have, hold, and enjoy the demised Premises without suit, trouble or hindrance from or on account of DISTRICT as long as COUNTY fully performs hereunder. - 4 - Draft . 4 - Draft 9/21/99 9A2 AM B.6. DEFAULTS: In the event of COUNTY's material breach of any of the covenants or conditions herein, DISTRICT may re-enter and repossess the Premises and remove all persons and property therefrom after giving COUNTY written notice of such default and in accordance with due process of law. In the event of such a breach by DISTRICT, COUNTY may terminate the Lease and quit the Premises without further cost or obligation, provided that COUNTY has given DISTRICT written notice of the breach and provided that DISTRICT has not made a substantial effort to correct the breach. B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner termination of this Lease, COUNTY will peaceably and quietly leave and surrender to DISTRICT these Premises "as is", in a decent, safe, and broom clean condition. COUNTY shall have the right but not the obligation to remove certain equipment, fixtures and appurtenances such as the alarm system, signs, lock sets, lockers and other items that can be reasonably moved for use in COUNTY's new facility. COUNTY will advise the DISTRICT as to the date it plans to terminate utility service to the premises. B.8. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties hereto. B9. SEVERABILITY: In the event that any provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision does not materially prejudice either the COUNTY or DISTRICT in its respective rights and obligations contained in the valid provisions of this Lease. Draft 9121/999;42 AM LEASEBACK FOR CONTRA COSTA COUNTY ANIMAL SERVICES DEPARTMENT 4849 IMHOFF PLACE MARTINEZ, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.I. CANCELLATION: COUNTY shall have the right to terminate this Lease at any time by giving DISTRICT thirty (30) days prior written notice. Rent shall be prorated to the date COUNTY relinquishes the Premises. C.2. HAZARDOUS MATERIALS: No hazardous materials shall be handled at any time upon the Premises. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Premises due to COUNTY's use and occupancy thereof, COUNTY, at its expense, shall be obligated to clean all the property affected thereby, whether owned or controlled by COUNTY or any third person, to the satisfaction of DISTRICT and any governing body having jurisdiction thereover. - 6 - Draft 9/21199 9:42 AM Animal Services Lease Site Exhibit "A" Real property in an unincorporated area of the County of Contra Costa, State of California, being a portion of the parcel of land described in the deed to Contra Costa County recorded May 7, 1962, in book 4113 of Official Records at page 318, and a portion of the parcel of land described in the deed to Contra Costa County, recorded November 12, 1971, in Book 6519 of Official Records at page 454, described as follows: Beginning at the southwest corner of said Contra Costa County Parcel (4113 OR 318), which lies on the northerly right of way line of Imhoff Drive as described in Relinquishment No. 22189 to the County of Contra Costa recorded September 4, 1963, in Book 4443 of Official Records at page 252; thence from said Point of Beginning leaving said northerly right of way line of Imhoff Drive, along the westerly line of said Contra Costa County Parcel, north 1"10'16" east 421.14 feet to the southwest corner of Parcel Three described in the deed to Central Contra Costa Sanitary District, recorded May 31, 1991, in Book 16630 of Official Records at page 457; thence leaving the westerly line of said Contra Costa County Parcel, along the southerly line of said Central Contra Costa Sanitary District Parcel, south 88°49'44" east 67.40 feet to a point on the westerly right of way line of Imhoff Place as described in Relinquishment No. 40382 to the County of Contra Costa recorded April 8, 1983, in Book 11200 of Official Records at page 144, said point being on a non-tangent curve, concave to the east from which a radial line bears north 73°09'42" east; thence leaving the southerly line of said Central Contra Costa. Sanitary District parcel, along said westerly right of way line, southerly along the arc of said curve, having a radius of 1030.00 feet, through a central angle of 5°27'29", a distance of 98.12 feet; thence tangent to said curve, south 22017'47" east 318.56 feet; thence southerly and southwesterly along the arc of a tangent curve, concave to the west, having a radius of 22.00 feet, through a central angle of 51°19'09", a distance of 19.70 feet; thence southwesterly, southerly and southeasterly along the arc of a reverse curve, concave to the east, having a radius of 42.00 feet, through a central angle of 138°20'33", a distance of 101.41 feet to the northwest corner of the parcel of land described in the deed to Central Contra Costa Sanitary District, recorded November 12, 1981, in Book 10571 of Official Records at page 144; thence leaving said westerly right of way line of Imhoff',Place, along the west line of said Central Contra Costa Sanitary District parcel, south 22°17'47" east 102.64 feet to the southwest comer of said Central Contra Costa Sanitary District parcel, said point also being on the northerly right of way line of said Imhoff Drive (4443 OR 252); thence along said northerly right of way line of Imhoff Drive, north 66001'24" west 348.18 feet to the Point of Beginning. Containing an area of 80,538 square feet {1.84891 acres} of land, more or less. Bearings are based on the California Coordinate System of 1927 (CCS27), Zone Ili. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor AND s Contra Costa County Public Works JAMES 'S A Date: A 8'S j STEIN . -6�0(4 dt L.S. 6571 OF CA1.t�a� JS:gpp G:\GrpData\Clerical\EXHIBITS\19991Animal Services Lease.doc July 28, 1999 PROOF OF PUBLICATION Beginning at the southwest (2015.5 C.C.P.) corner of said Contra Costa County Parcel(4113 OR 318, t' which Ilett on the northe STAT> C?F CALIFORNIA right of way lino of Imhr Drive as dso ribed In Rahn County of Contra Costahment'No.22189 to the _ 9!County of Contra Costa re- corded September 4, 1%3, I am a citizen of the United states and a resident of the in Book 4443 of Official Re- County aforesaid; I am over the age of eighteen years, and cords at Qga 252�'+ g�thence not a party to or interested in the above-entitled matter. !l avi said sold°northerly eight of way fine of Imhoff©rive,along i am the Principal Legal Clerk of the Contra Costa Times, a iia Cde�ydCnoeuntyaP�al� newspaper of general circulation, printed and published at north 1°10'16 east 421.14 2640 Shadelands Drive in the City of Walnut Creek, County feet to the southwest comer of Parcel Three described in of Contra Costa,94598. NOTICE OF INTENTION the deed to Central Contra TO CONVEY REAL Costa Sanitary District re- And which newspaper has been adjudged a newspaper of ��° re- PROPERTY corded May f ictal' In J 9Book i 6630 of f7ti199 R n general circulation by the Superior Court of the County of Nonce Is hereby given that cords, at page 457; thence Contra Costa, state of California, under the date of October �vaa�i auCo neon of (said lm Coswesterlta iCounty 22, 1934.Case Number 19764. September 28, 199 de- Parcelalong the southerly clared Its intention to convey line of said Csntrai Contra to Central Contra Costa San[- Costa Sanitary District parcel The notice, of which the annexed is a printed copy (set in tart'District the following do- 'south 88°49'44 east 67.44 type not smaller than nonpareil),has been published in each scribed real ffn arty in the feet to a point on the waste riy regular and entire issue of said newspaper and not in any attached exhibbit 'A". right of way line of iRell Piave as described In mho supplement thereof an the following dates,td Wit: Together with and Inofudln>� quishment No.40382 to the aft Improvements located County of Contra Costa ro- Costa Sanitary District parcel, thereon. corded April 8.1983,in Book said point also being on the October 13 .1 1200 of official Records at norths'N right of way line of Notice Is further given that it page 144,said point being on said Imo Drive (4443 OR is proposed to convey saki a non-tangent curve; con 252; thence along said all in the year of 1999 pproperrttyy to the oentral Con- cave to the Seat from which a Hort eftYY right of way dna of tra Costs Sanitary Of, Mot for radial line bears north Imhoff Diive, north 66'01'24 $2 928,631,00,being the fair 73°09'42 east thence issuing west 348.18 feet to the Point I certify (or declare) under penalty of perjury that the market value of the property. the southerly Gne of sold Con- of Be inning. foregoing is true and correct. tral Contra Costa Sanitaryry Containing an area of 80,538 The Board will meet on Tues-November paroek, along aald syuars feet(4.849 acres)of day November Y 19$9, at wasteriy right of way line land,more or less. Executed at Walnut Creek,California. 1southerly alonngg the arc c# On this i 3 da O#October, 1999 Chambers, County Adminls- said ourve,having a radius of Parcel 2 Y tratlon Building, 651 Pine 1030.00 feet,through a con- Excess Property-vicinity Street Martinez, California, tral angle of 5°27'29, a die Of Imhoff1rN. to make such conveyance by tance of 98.12 feet; thence " """""" """ """""" at least a four-flfths vote. 'angant to said curve south Real property In an unlncor- Signature 2217'47 east 318.5A feet; porat�d area of the Coun of Dated:October 13,1999 thence southerly and southCentra oosta, State of all- along the arc of a fomia,being all of the parcel Contra Costa Times PHIL BATCHELOR,-Clerk of west nt curve, concave to of land described In the Dl- v% C}Box 4147 the Board of Supervisors and the wast,having a radius of rector's Deed 4o Contra Coa- Walnut Creek,CA 94596 County Administrator 22 00 feet througflh a centra[ to County recorded January By:Patricia Molloy angle of 5r5°19'09,a distance 11 1977,in book 8180 of Of- (510)935-2525 Deputy of 19.70 feet; thence south- folal Records at page 153. westerly, southerlyy and Containing an area of 47,679 Ekkie1T,w, southeasterly along tha aro of square feet(1,095 acres)of Proof of Publication of: Parcel 1 a reverse curve, concave to land,more or less. (attached is a copy of the legal advertisement that published) pe�•Animal ynhavogaro$ Itsaoo etcentralBearings are based on the angle of 138120133, a dls-: California Coordinate System Real property in an unincor- tance of 101.41 feet to the of 1927(COS27),Zone Ill. porated area of the County of northwest corner of the par- Contra Costa, State of Cali- cel of land described In the These real property deacrlp�s- forma being a portion of the dead to Central Contra Costa tkrr s haus#assn prepared by paroel of Iand described in Sanitary District, recorded me or under rn dlrsotlon,In the deed to Contra Costa November 12,1981,in Book conformance with the Profes- County recorded Mayy 7,1982 10571 of Official Records at slonal Land Surveyors Act. In book 4113 of Ofnciai Re- page 144; thence leaving cords at page 318, and a said wasiariY1 right of way fine Signature: portion of the parcel of land of imhott Place along the Rene Zwemmor described in the deed to west fine of said r5.nt.Con- Licensed land Surveyor Contra Costa County,record- tra Costa SanitaryDistrict Contra Costa County Public ed November 12, 1971, in pw)cei south 22 '47 east Works Bock 6519 of Official Records 102.64 feet to the southwest Dated:August i 1,1999 at page 464, described as comer of said Central Contra Laga1 CCT 6901 follows: Publish October 13,1999_ � f, _