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HomeMy WebLinkAboutMINUTES - 11161999 - C15-C17 R THE BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on November 16, 1999, by the following vote: AYES: Supervisors Gioia, Uilkema, DeSaulnier and Canciamilla NOES: None RESOLUTION NO. 99/591 ABSENT: Supervisor Gerber (GOV. CODE § 25363) ABSTAIN: None SUBJECT: Sale of Fire Protection District Surplus Real Property 2273 Whyte Park Avenue Surplus (former Saranap Station #3) Project No.7300-6X5140 Walnut Creek Area The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, RESOLVES THAT: The Board, by Resolution No. 991484 dated September 21, 1999, determined that the District-owned parcel described in the Notice of Public Auction Sale attached to said Resolution was surplus and that it was not needed for public use. The Notice of Public Auction Sale set 2:00 p.m. on October 26, 1999, at 255 Glacier Drive, Martinez, CA, as the time and place where oral bids would be received and considered. The highest bid received for the property, in accordance with the terms and conditions of sale approved by this Board, was $320,000 by Don V. Stull, at which time the amount of $20,000 was deposited as an option-bid deposit to secure completion of the transaction. - The Board APPROVES the Option to Purchase Agreement with Don V. Stull and the Board Chair is AUTHORIZED to execute said Agreement. The Public Works Director is AUTHORIZED to execute any necessary extensions provided for in said Agreement. Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to execute a grant deed to Don V. Stull, and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. Contact: Pat Smyers (313-2222) Orig. Dept.: Public works{R/P) l hereby certify that this is a true and correct copy of an action taken and entered on the cc: County Administrator minutes of the Board of Supervisors on the Auditor-Controller date shown. Assessor ATTESTED oy mr 6 1 C)9q Public works Accounting PHIL TCHEt ,Clerk of# oard of CCC Fire Protection District Sup is rs an un#y Ad ra#or PS:gpp By o deputy G:IGrpOetakRea3Prop11989-Files199-11tBR7-Whyte PrkApvi.doc OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND THE OPTIONEE NAMED HEREIN 1. Recitals. a. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a county fire protection district organized pursuant to Health & Safety Code § 13801, et seq., ("District") 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. 184-161-013, located at 2273 Whyte Park Avenue, Walnut Creek hereinafter referred to as the "Property." b. District proposes to sell the Property. C. )OA/ 1/. {u aft , ("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, as governing body of the District. 3. Grant of Option. District 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. Option Periost. Sixty (60) days following the Effective Date, unless during said period District receives from Optionee written notice that Optionee wishes to extend the Option Period. b. Extension of Option Period. District, in its sole discretion, shall have the right, but not the obligation, to extend the term of the Option Period under such terms and conditions as District believes is reasonable, if District, 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. 5. Consideration for Option. a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay District the sum of Twenty Thousand Dollars ($20,000) upon the terms and conditions outlined herein, said amount to be credited to the Purchase Price of 1 the Property("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board of Supervisors. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Fire Protection District. b. Retention of Option Consideration. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of District shall belong to District and be retained by District,whether or not Optionee ultimately exercises its right to purchase the Property. District shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at District's Option the sale may be consummated through an escrow at a title company to be selected by District ("Title Company"). In such case, Optionee hereby authorizes Districtto prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purch ser price ("Purchase Price'") to the Property during the Option Term is the sum of S Dollars ($ Sao 04>Q—). 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 Fire Protection District. C. Title; Grant deed. The right, title and interest in the Property to be conveyed by District pursuant to this Agreement shall not exceed that vested in the District. 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 Fire Protection District has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, the District 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 District before the expiration of the applicable Option Term, written notice of the exercise ("Exercise Notice")and payment of the Purchase Price to the District. 2 A 8. Condition of the Property. Neither District, nor its agents or employees have made any warranty, guarantee or representation concerning 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 District within which the Property is located. If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition. District has not made and does not make any representation as to the physical condition of the Property. Optionee has or will conduct an independent investigation with respect to zoning and subdivision laws, ordinances, resolutions and regulations of all governmental authorities having jurisdiction over the Property, and the use and improvement of the Property. District has not made any representation regarding any of these matters. 9. (tight of Entry. During the term of this Option and prior to the Closing Crate, 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 District 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. District 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 District, 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 deliverer 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. 3 b. The place for delivery of all notices given under this Agreement shall be as follows: District: Real Property Division Public Works Department 255 Glacier Drive Martinez,CA 54553 Telephone: (925) 313-2222 Fax: (925)313-2333 Optionee: � ' - (Name) (A dyes 'e 7-7 (Telephone) (Fax) or to such other addresses as Optionee and District may respectively designate by written notice to the other. 12. Assignment, Successors and Third-Party Rights. 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 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. 4 15. Governing Law. 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. 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 district, 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 District, its agents, officers or employees, arising,directly or indirectly from or connected with 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 District for any expenditures, including reasonable attorneys' fees that District may make by reason of such matters and, if requested by District,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 District, to execute, acknowledge, and deliver a quitclaim deed to District 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. 5 el 2. 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. 23. Amendment. This Agreement may not be amended or altered except by a written instrument executed by District 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 FIRE P TECTION D TRICT V t By By: G% 1 h01 o d o Supervisors TTEST: Phil Batchelor, Authority By: Administrator and Clerk of the Board of Supervisors By: (1 01'�. 0 P�j deputy APPROVED AS TO FORM By: District Counsel NO OTHER OBLIGATIONOTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A- Legal Description G:1ReaiProp11999-Filest99-9lOptionA WhytePark.doc September 8, 1999 6 /go` Whyte Park Surplus Lot Line Adjustment APN 184-161-019 EXHIBIT "A„ Real property in an unincorporated area of the County of Contra Costa, State of California, being Lots 1,2, and 3 in Block "A".as designated on the map entitled "Dewing Park Extension, Contra Costa Co., Calif", as December 20,191 f in Book 15 of Maps, Page 314, described as fellows: Beginning at the northeast comer of said Lot 1 (15 M 314) thence along the easterly line of said Lots 1,2, and 3, south 31039' east 120.00 feet to the southeast corner of said Lot 3; thence along the southerly line of said Lot 3, south 58°21' west 102.60 feet to the southwest comer of said Lot 3; thence along the westerly line of said Lot 1,2 and 3, north 20059' west 122.11 feet to the northwest comer of said Lot 1; thence along the northerly line of said Lot 1, north 58021' east 80.00 feet to the Point of Beginning. Containing an area, of 10,956 square feet (0.25152 acres) of land, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. + D Seo �r Signature: ,� w hyo Licensed Land Surveyor Contra Costa County Public Works EU. � Date: G:1t".rp��cta�DesignUimsUeg�fslWtyt�-..doc 9-03-99 Recorded at the request of: Don V. Stull Return to: Don V. Stull 714 Los Palos [give Lafayette, CA 94549 Assessor's Parcel No. 184-161-019 RANT DEED For valuable consideration, recent of which is hereby acknowledged, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a County fire protection district, organized pursuant to Health & Safety Codes § 13801, et seq. Grants to Pleasant Creek Industries Inc., as to an undivided 50% interest, and Don V. Stull and Patricia Stull, Husband and Wife as Joint Tenants, as to an undivided 50% interest, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MAGE A PART HEREOF, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Dated November 16. 1999 Ey '' t-' -- , Board of Supervisor STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On November 16,1999__.__before me, Phil Batchelor,Clerk of the Board of Supervisors and County Administrator,Contra Costa County,personally appeared Joseph Canct.amilla ,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 instrument 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 per- sons)acted,a uteri t strumen#. By: pu e PS.oh G:tGrp0gta\Rea1Pro;A1$99-Rrs\99-11\L1 S U I.doc Whyte Park Surplus 4 Lot Line Adjustment APN 184-161-019 EXHIBIT "A" Real property in an unincorporated area of the County of Centra Costa, State of California, being Lets 1,2, and 3 in Block "A".as designated on the map entitled "dewing Park Extension, Contra Costa Co., Calif", filed december 20,1916 in Book 15 of Maps, Page 314, described as follows: Beginning at the northeast comer of said Lot 1 (15 M 314) thence along the .easterly line of said Lets 1,2, and 3, south 31°39' east 120.40 feet to the southeast comer of said Lot 3; thence along the southerly line of said Lot 3, south 581,21' west 102.60 feet to the southwest comer of said Lot 3; thence along the westerly line of said Lot 1,2 and 3, north 29059' west 122.11 feet to the northwest corner of said Lot 1; thence along the northerly line of said Lot 1, north 581121' east 80.00 feet to the Paint of Beginning. Containing an area of 10,956 square feet (0.25152 acres) of land, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Land Surveyor Ex Contra Costa County Public Works ;. � Gate: Z9 G,\Grpoata'DesignUimS'Jegal$XW 7yte—.doc 8-03.98 THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on November 16, 1999, by the following vote: AYES: Supervisors Gioia, tlilkema, DeSaulnier and Canciamilla NOES: None ABSENT: Supervisor Gerber RESOLUTION NO. 991L�Qa Deerings Water code, Uncodified Acts ABSTAIN: None Act 1656 § 31 West's Water Cade, Appendix 64-31 Government Cade § 25526.5} SUBJECT: Sale of Surplus Flood Control District's Property to the City of Oakley for the widening of a portion of Laurel Road and of Brown Road. Project No. 4660-6X4901 Oakley Area The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: The District acquired certain real property on June 22, 1989 in Book 15148 at page 214 and on August 2, 1991 in Book 16779 at page 841, described in Exhibit"A" attached hereto, for drainage purposes. Said property is DETERMINED to be surplus and no longer necessary for District's purposes, and its estimated value does not exceed $10,000.00. This Board hereby APPROVES and AUTHORIZES the conveyance of said property to the City of Oakley, pursuant to Government Code Section 25526.5, and the Board Chair is hereby AUTHORIZED to execute a Grant Deed on behalf of the District. The Real Property Division is DIRECTED to cause the Grant Deed to be delivered to the grantee. A Negative Declaration was APPROVED and ADOPTED by the Board on February 17, 1993 for Subdivision 7657 which included this conveyance. LLO:eh € hereby certify that this is a true and correct G:\Rea€Prop\1999-Files\BOs&RES\BR26Aoakley.doc copy of an action taken and entered on the Orig.Dept.: Public works(R/P) minutes of the Board of Supervisors on the Contact: L. Lucy Owens(313-2229) date shown. cc: Public works Accounting Public works Records ATTESTED:_ Nn���rn],e - QQ Grantee(via R/P) PH€L B TCHEL Clerk of hoard of Community Development Dept. Sup is s an C unty Ad ator By Deputy RESOLUTION NO. 991 Recorded at the request of: The City of Oakley After recording return to: The City of Oakley P.O. Box 6 Oakley, CA 94561 Attention: Mike Oliver GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Grants to THE CITY OF OAKLEY, a municipal corporation, the following described real property in the City of Oakley, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "Am ATTACHED HERETO AND MADE A PART HEREOF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Dated &y=ber i6 o 1999 By air, Baa of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On November 16, 1999 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared�jc)seph an 1 ami 11 a .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 capack ty(ies), and that by his/her/their signature(s) on the instrument the person(s) o the entity upon behalf of whit per, n(s)act xecuted the instrument. By: v E7eputy [er 99-101de4oakley ` Drainage Area 30A Detention Basin No. 2 Sale of Excess Land Drawing EB-10160 Portion of APN 034-010-017 Exhibit "A" Real property in the City of Oakley, County of Contra Costa, State of California, being a portion of the parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District recorded June 22, 1989, in book 15148 of Official Records at page 214, and a portion of the 1parcel of land described in the deed to Contra Costa County Flood Control and Water Conservation District recorded August 2, 1991, in book 16779 of Official Records at page 841, described as follows: PARCEL 1 (X4651-3 &X1652.2)—Fee Title Commencing at the north quarter corner of Section 35, Township 2 North, Range 2 East, Mount Diablo Meridian; thence along the north line of said Section 35, north 89°24'18" west 557.83 feet to the intersection with the northerly prolongation of the east line of parcel nine described in the deed to Western Pacific Housing — Laurel Woods If recorded August 3, 1998, at Series No. 98-183394; thence along said prolongated line, south 051'50"west 45.00 feet to a point on the southerly right of way line of Laurel Road, said point being the northeast corner of said Western Pack Housing — Laurel Woods 11 parcel nine (#98-183394) and the Point of Beginning; thence from said Point of Beginning, along the east line of said parcel nine, south 0°51'50" west 41.59 feet; thence, leaving said east line, north 85057'00" east 13.07 feet; thence easterly along the arc of a tangent curve, concave to the south, having a radius of 2,445.00 feet, through a central angle of 4°38'42", a distance of 198.22 feet; thence, tangent to said curve, south 89024'18" east 324,35 feet to a point on the westerly right of way line of Brown Road said point shall hereinafter be referred to as Point "A"; thence, along said westerly right of way line, north 0051'50" east 32.50 feet to a point on the said southerly right of way line of Laurel Road; thence, along said southerly right of way line, north 89024'18" west 535.33 feet to the Point of Beginning. Containing an area of 18,039 square feet of land, more or less. PARCEL 2 (X'1662-3)—Fee Title Beginning at Point "A" described in PARCEL 1 above; thence from said Point of Beginning, along the westerly right of way line of Brown Road, south 0°51'50" west 440.21 feet to the southeastcorner of said C.C.C.F.C. and W.C.D. parcel (16779 OR 841); thence along the southerly line of said parcel, north 89°24'18" west 17.50 feet; thence leaving said southerly line, parallel to said westerly right of way line of Brown Road, north 0051'50" east 427.71 feet; thence leaving said parallel line, north 4404726" west 43.18 feet to a point on the southerly line of PARCEL 1 as described above; thence, along last said line, south 89024'18" east 48.38 feet to the Point of Beginning. Containing an area of 8,172 square feet of land, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature., + AMES Licensed Land Surveyor A. Contra Costa County Public Works STEIN l Date. / ` UL 65T1 t JH:sd NPWSIlSHARDATA1GTPDatatCWficatkEXHiBr rMIS 91D*napo Arae 30A-tdac I tl419$ Recorded at the request of: The City of Oakley After recording return to: The City of Oakley P.O. Box 6 Oakley, CA 94561 Attention: Mike Oliver QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to THE CITY OF OAKLEY, a municipal corporation, the following described real property in the City of Oakley, County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 4 Dated 1999 Sy r, Board of Supervisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA ) On NrtVEeml&r 16, 1999 before me, Phil Batchelor, Clerk of the Board of Supervisors and County Administrator, Contra Costa County, personally appeared who is personalty 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 capack ty(ies), and that by his/her/their signature(s) on the instrument the persons),or the ntity upon behalf of which perso ( }acted, ted the instrument. By eputy C erk 99-101de4oakley TO:< BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: NOVEMBER 16, 1999 SUBJECT: BYRON AIRPORT —THIRD AMENDMENT TO LEASE AND COUNTY'S CONSENT TO LEASEHOLD ENCUMBRANCE;ESTOPPEL WITH BYRON AVIATION SERVICES LIMITED SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or his designee, to EXECUTE, on behalf of the County, a Third Amendment to Lease and a County's Consent to Leasehold Encumbrance; Estoppel between County, as Landlord, Byron Aviation Services Limited, as Tenant, and CivicBank of Commerce, as Tenant's Lender, for leased premises at the Byron Airport. II. Financial Impact: There will be no financial impact from this action. Continued on Attachment: X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON November 16,1999LPPROVED AS RECOMMENDED x OTHER_ VOTE OF SUPERVISORS _x UNANIMOUS(ABSENT III ) AYES: NOES: ABSENT: ABSTAIN: hereby certify that this is a true and correct copy of an c.Bo Bo;6.Tt I.a�c action taken and entered on the minutes of the Board Orig.Div: Public Works(Airports Division) of Supervisors on the date Shown. Contact: (Dick Awenius 646-5722) cc: County Administrator Public Works Director Public Works Accounting ATTESTED: November 16 1999 Auditor/Controller PHIL BATCHELOR, Clerk of the Board of Supervisors Aviation Advisory Committee(via Airport) and County Administrator Federal Aviation Administration(via Airport) Byron Aviation Services Limited,Tenant BY , Deputy SUBJECT: BYRON AIRPORT —THIRD AMENDMENT TO LEASE AND COUNTY'S CONSENT TO LEASEHOLD ENCUMBRANCE;ESTOPPEL WITH BYRON AVIATION SERVICES LIMITED DATE: NOVEMBER 1.6, 1999 PAGE 2 III. Reasons for Recommendations and Background: Tenant's Lender required certain modifications to the lease language for the financing of Phase I of tenant's improvements. The Third Amendment to Lease and the County's Consent to Leasehold Encumbrance; Estoppel allow the tenant to finance those improvements. IV. Consequences of Negative Action: Neither the Third Amendment to Lease nor the County's Consent to Leasehold Encumbrances Estoppel will be executed, and the tenant may not be able to finance the first phase of its improvements.