HomeMy WebLinkAboutMINUTES - 11152005 - C4 COO�
TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa
DATE: November 15,2005 ti County
SUBJECT Termination of the Bogue Ranch Area of Benefit Program
771771077
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
DIRECT the Public Works Director to arrange for the closure of the Bogue Ranch Area of Benefit Trust
Account(Fund 1244, Org 0639),Bogue Ranch, Alamo area(District III).
DIRECT the Public Works Director to arrange for the transfer of 100%of the remaining balance in the Bogue Ranch
Fee Trust Fund 124400 to the County Road Improvement Trust 1392 for costs incurred by Contra Costa County.
Financial Irnnact:
No financial impact to the General Fund.
Continued on Attachment: ED SIGNATURE:��
[`RECOMMENDATION OF COUNTY ADMINISTRATOR ❑RECOMMENDATION OF BOARD COMMITTEE
n—X PROVE JQ OTHER
14� w
SIGNATURE(S):
ACTION OF BO ON tA�jGys�fjt5_
APPROVED AS COMMENDED 0 OTHER
I hereby certify that this is a true and correct copy of an
VOT,L`�OF SUPERVISORS UNANIMOUS(ABSENT /�6Ca� action taken and entered on the minutes of the Board of
1t// '�''�a-^' l
AYES: NOES: Supervisors on the date shown.
ABSENT: ABSTAIN:
MS:BLaGAGrpOtaiTransEngW0B1A0$ClosuredocslBogue.RanchAOBClosure.BoardOrder.doc ATTESTED �gve—/e
Orig.Div: Public Works(Transportation Engineering Division) JOHN SWEETEN, Clerk of the Board of Supervisors and
Contact: Chris Lau,925-313-2293 County Administrator
cc: J.Bueren,Deputy–TE
S.Kowalewski–TE
B.Fernandez–TE
C.Raynolds-Accounting By ,Deputy
F.Scudero–Accounting
County Administrator's Office
SUBJECT: Termination of the Bogue Ranch Area of Benefit Program
DATE: November 15, 2005
PAGE 2 of 2
Reasons for Recommendations and Background:
The purpose of the Bogue Ranch Area ofBenefit was for the developers of the Bogue Ranch,Post,and Bannister
properties to share in the funding of the construction of the road network infrastructure necessary to serve their
developments. Prior to the adoption of the Development Program Report,the road improvements were constructed
by the developer of the Bogue Ranch property(J.Patrick Land Company). Thus,the Program Report uses the final
construction costs in calculating the fees that would reimburse J. Patrick Land Company for constructing the
improvements. The developers responsible for payment into this Area of Benefit Program have completed building
their development project and have paid their applicable fees. Those funds have been forwarded to J.Patrick Land
Company for reimbursement.
Although in 1990, there had been discussions of adding future developments that benefit from the constructed
improvements to the Area of Benefit Program,it was finally decided that it would be infeasible,if not impossible to
do.
Since the purpose of the Bogue Ranch Area of benefit Program has been fulfilled,the program is no longer needed.
Approval of this board order will transfer the remaining balance of about$729 to the County Road Improvement Fee
Trust 1392, Org 0682, and close the Bogue Ranch Area of Benefit program and fund account.
Consequences of Neeative Action:
The Bogue Ranch Area of Benefit program and fund account will not be closed.
......................................................................
Parcel Number:APN 098-230-050
Project Name: Evora Road Surplus Sale
Project Number:4660-6X4146
Purchase and Sale Agreement Between
Contra Costa County
And
Aumm Amrit, LLC
This Agreement is entered into by and between Contra Costa County, a political subdivision of the State of
California(hereinafter"County")and Aumm Amrit,LLC,(hereinafter"Buyer")
Recitals
A. County is the owner of approximately 1.80 acres of real property located in the incorporated area of Bay
Point, Contra Costa County, California, and as more fully described on Exhibit "A" attached hereto and
incorporated herein by this reference. The real property, including improvements thereon, if any, are
collectively referred to herein as the"Property"
B. County agrees to convey the Property to Buyer, and Buyer agrees to acquire the Property from County in
accordance with and subject to the terms and conditions ofthis Purchase and Sale Agreement('Agreement"
hereinafter).
C. In consideration of the County's conveyance of the Property,Buyer agrees to pay County the sum of Three
Hundred Thousand and no/100 Dollars($300,000.00)('Purchase Price")as set forth in Section 2.1 of this
Agreement.
Agreement
Now,therefore,in consideration of the agreements herein contained and for other 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's Governing Board
(the"Board"hereinafter).This Agreement is effective on the date approved by the Board("Effective Date").
This Agreement will first be submitted to the Buyer for approval and execution,and will promptly thereafter
be submitted to the Board for approval and execution.
2. Terms•
2.1 Purchase Price. The purchase price for the Property shall be Three Hundred Thousand and no/100
Dollars($300,000.00).
2.2 Deposit: On the Effective Date, Buyer shall deposit the sum of$10,000 into the title company
escrow as a good faith deposit(the"Deposif').
2.3 Balance of Purchase Price: On the Closing Date,Buyer shall deposit the balance of the
Purchase Price, being the sum of$290,000, into the title company escrow.
fi
Govind B.Patel—Purdase and Sale Agreement(10-28-05)
..... .......
2.4No Representations,Statements and Warranties.
A. County has made no representations, statements or warranties to the Buyer concerning the
Property, including, without limitation, the Property's physical condition, and 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 soil or the geology of the soil. It shall be the sole
responsibility of the Buyer,'at its sole cast and expense, to investigate and determine the
suitability of the soil,geologic,environmental and seismic conditions ofthe Property for any
contemplated development.
B. Buyer shall take title to the Property in its"as-is"condition.
3. Escrow. By this Agreement,'County and Buyer establish an escrow("Escrow")with Old Republic Title
Company,3000 Clayton Road, Concord,California,their Escrow No. 014 700 3622 ("Title Company").
3.1 County's'Deposit into Escrow. On or before close of Escrow,County will deliver 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 County(Grant Deed"),conveying to Buyer in fee simple the Property,subject to
all conditions, covenants, and exceptions listed in the Preliminary Title Report dated
September 8,2005,from Old Republic Title Company,Escrow No.0147003622-DJ,which
have been accepted and approved by Buyer.
B. A letter for Escrow instructions
3.2 Buyer's Deposit into Escrow. On or before close of Escrow,Buyer will'deliver into Escrow with
the Title Company the following documents
A. The full Purchase Price described'in Clause 2.1.
B. A letter for Escrow instructions.
3.3 Close of Escrow. Escrow shall close upon the conveyance of the Property,to the Buyer as described
in Clause 3.1 A. On the closing date,the Title Company shall close Escrow as follows:
A. Record the Grant Deed,forPProperty marked for return to Buyer,Aumm Amrit,'LLC (which
shall be deemed delivery to the Buyer),
B Issue a Title Policy,if requested to do so by Buyer,showing title to the Property vested in the
Buyer subject only to the exceptions specified in the Preliminary Title Report and agreed to
by County and Buyer described in Clause 3.1 A
C. Disburse to the County the total amount'of the Purchase Price.
D. Prepare and deliver to the Buyer and the County one signed copy of the Title Company's
2
Govind B.Patel Purchase and Sale Agreement(10-28-05)
closing statement showing all receipts and disbursements of the Escrow.
3.4 Fees and Title insurance. Buyer shall pay all costs of escrow,recording fees and title insurance
premiums.
4. Due Diligence Continnenciesand Due Diligence Period: Buyer shall have forty-five(45)days from the
Effective Date(the"Due Diligence Period")to perform'any and all due diligence, to perform any and all
investigations,surveys,inspections,and testing Buyer deems necessary,to determine whether the governing
entities will allow and permit the Property to be improved as required by Buyer,and to reach a final decision
on whether to purchase the Property (Buyer's "Due Diligence Contingencies"). Buyer's obligation to
complete this purchase is contingent on Buyer satisfying the Due Diligence Contingencies and waiving or
releasing his right to cancel this Agreement.Can or before the expiration of the Due Diligence Period,Buyer
shall give written notice to County either that(i)Buyer has satisfied the Due Diligence Contingencies and
will continue with the purchase transaction or (ii) Buyer is canceling the Agreement and the purchase
transaction. During the Due Diligence Period Buyer may cancel this Agreement at any and the purchase
transaction' at anytime and for any reason and without specification of reason. If Buyer cancels this
Agreement and the purchase transaction, the Deposit shall be immediately released from Escrow and
refunded to Buyer. If Buyer gives notice and continues the purchase transaction,the Deposit shall then
become nein-refundable. Buyer's Deposit without interest shall be credited against the Purchase Price at
Closing.
5. V'oluntM 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, gather, the parties hereto are freely and voluntarily signing this
Agreement for their own benefit.
6. Entire Agreement. This Agreement,exhibits and any appendices attached hereto and incorporated herein
by reference contain the entire agreement between the parties hereto with respect to the subject matter ofthis'
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.
7. Cou nteMarts. This Agreement and all resulting documentation may be executed'in counterpart originals,
which when assembled;shall constitute a single,binding original document,
8. Right of Entry. During the:term of this Agreement and prior to the Closing>Date, Buyer, 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 Buyer determines necessary or desirable. Buyer will
defend,indemnify and hold County harmless from any claim,loss or liability,in connection with any entry by
Buyer,its agents contractors,;and employees and Buyer will be solely responsible for all costs incurred in
connection with these activities or Buyer's investigation of the Property.
9. 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: Contra Costa County
3
Govind B.Patel—'Purchase and Sale Agreement(10-2S-05)
Attn: Carla Peeciant
Public Works Department
Real Property Division
255 Glacier Drive
Martinez,CA 94553
Ph: (925) 313-2222
Facsimile: (925)646-21088
Email: cpecc@pw.cccounty.us
Buyer: Govind B. Patel
3945 Railroad Avenue
Pittsburg;CA 94565'
Ph: (925)432-7256
With Copy To: John K. Markley
620 Greystone Terrace
Orinda,CA 94563
Ph: (925)254-5616
Email: j'ohnmarkley2 c@comcast.net
or to such other addresses as Buyer and County may respectively designate by written notice to the other.
10. Cooperation and Further Assurances. The parties hereto shall reasonably cooperate with each other to
fulfill the terms and conditions of this Agreement. Whenever requested to;,do soby the other parry, each
party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations,
satisfactions, releases, powers of attorney, instrumentsof further assurance, approvals, consents and all
father 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.
11. Counterparts: This Agreement and all resulting documentation may be executed in counterpart
originals,which when assembled, shall constitute a single, binding original document.
12. : 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
13. 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.
14. ". Facsimiles: Executed facsimile copies of this Agreement(and all resulting documentation)may be
treated as executed originals which are binding on the executing and transmitting party.
4
Govind B.Patel—`Purchase and sale Agreement(10-28-05)
15 Entire Agreement: The parties have set forth'herein`the enure and whole agreement.
GRANTOR GRANTEE'
CONTRA COSTA COUNTY AUMM AMRIT,LLC
RECOMMENDED TO BOARD OF
SUPE�VISORS FOR APPROVAL
Oj
Carla PecciantiGovind B. Patef
Sena€ Real Prop6ty Agent ff
Date: !0 f lo i—
By: (Da geed by Grantee)
Apr
en Law
ncipal'Real Property Agent
APPROVED AS TO FORM: APPROVED AS TO FORM:
SilvanA. arcl fesi, County Counsel By: —�
hn
Lillian Fu,�ii K. Markle%y,
BY ttorney At Law
Deputy County'Couns
APP OVED
B
Maurice Shia
Public Warks Director
Date: 14 . I C
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
ATTACH EXHIBIT "Al'
LEGAL=DESCRIPTION OF PROPERTY
(A.P.N. 098 230`050)
Crovind B.Patel-Purchase and Sale Agreement(10-28-05)
Beginning at the said southwest corner of said Contra Costa County parcel (18139
OR 957); thence from said point, south 77°13'05" east 418.79 feet; thence north'
87050'51" east 47.74 feet; thence north '51'41'21" east 323.44 feet; thence
northeasterly, northerly and northwesterly along the arc of a tangent curve, concave
to the west, having a radius of 30.00 feet, through a central angle of 123°55'05", a
distance of 64.88 feet to a point of compound curvature; thence westerly and
southwesterly along the arc of said compound curve, concave to the south, having>'
a radius of 143.00 feet, through 'a central angle of 39005'55", a distance of 97.58
feet to the terminus of said Line.'
Bearings and distances are based on the California Coordinate System of 1983
(CCS83) Zone Ill. Multiply distances shown by 1.0000559 to obtain ground
distances.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature; A.
Licensed Land Surveyor
Contra Costa County Public Works Exp.9L.S.6571 6571?5
Date: /a L5/-e?
of CA�-F
G:kGrpDataNDesign\SURVEYS\Legals\Exhib[ts2004\Excess Property Evora at Pomo(rev).doc
12/18/2004
a
f U,o "?
! � X
I tv 1IN / f 1 W z
Ci o � !J \
f f
1
1\ cn��rn
WA w' \\ as aLLJ
c 1
on
00 o OP
; f I gilt
to
f � �
if1 _-4 It
BIDk
1 J e 1 f
fill
ot
a ` I
�n # l &IS
zi�r 1 i ;iSfz
�t o,r' 11 ! i
wo
En
f ,