HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-599 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. 99691
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) 1 hereby certify that this is a true and correct
Orig. Dept.: Public Works (RIP) 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 ATTESTEDNovember. 16. 1999®
Public Works Accounting PHIL TCHEL ,Clerk of tF
and of
CCC Fire Protection District Sup I rs an unty Ad torPS:OPP By ,Deputy
G:\GrpDete\RealProp\1968-Files\99=11\BR7-Whyte PrkApvl.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. 184-161-019, located at 2273
Whyte Paris Avenue, Walnut Creek hereinafter referred to as the"Property."
b. District proposes to sell the Property.
C. Doty V. 54 cc it ("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 Period. 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 ($20,000) upon the terms
and conditions outlined herein, said amount to be credited to the Purchase Price of
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the Property("Option Consideration"). The Option Consideration shall be paid before
the date this Agreement is approved by the Board of Supervisors. The Option
Consideration shall be paid at the Public Works Department, Real Property Division,
255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Fire
Protection District.
b. Retention of Option Consideration. Except as provided in Section 10 below, all
Option Consideration paid to or on behalf of District shall belong to District and be
retained by District,whether or not Optionee ultimately exercises its right to purchase
the Property. District shall have no obligation to account for the Caption Consideration
to Optionee.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at District's Option the sale may be
consummated through an escrow at a title company to be selected by District ("'T Itie
Company"). In such case, Optionee hereby authorizes District to prepare and file
escrow instructions with said Title Company on behalf of Optionee in accordance
with this Agreement. Escrow shall be deemed to be closed and the Property shall be
deemed to be conveyed on the date the deed to Optionee is recorded ("Closing
Date"). All escrow fees, recording fees, documentary transfer taxes or other real
estate transaction taxes or fees, by whatever name known, including broker's
commission, if any, and personal property sales taxes where applicable, will be paid
solely by Optionee. If title insurance is desired by the Optionee, Optionee will be
solely responsible to pay the premium charged therefor.
b. Purchase Price. The purA!�
sprice ("Purchaseprice")fo the Property during the
Option Term is the sum of ter, ►coed 7''9*AA4 nouS&A.D Dollars
($ 3oto 0 00 0 —). 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 Caption, 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.
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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. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, Its
agents, contractors and employees, shall have the right to enter the Property at all
reasonable times for the purpose of performing reasonable tests, engineering studies,
surveys, soil and environmental tests and other tests, surveys, studies, and investigations of
the Property as Optionee determines necessary or desirable. Optionee will defend,
indemnify and hold 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.
19. 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 delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
(4) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally delivered.
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b. The place for delivery of all notices given under this Agreement shall be as follows:
District: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2222
Fa�'x:: (925,)x313-2333 l
Optionee: - 1��/ r/L--
(Nam )
(A__Tdressj
',
1w , '244' !�7a7
(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 tights.
This Option and all rights under this Agreement shall be freely assignable. This agreement
shall be binding on and inure to the benefit of the parties, and their respective heirs, personal
representatives, successors and assigns. Nothing in this Agreement, express or implied, is
intended to confer on any person, other than the parties and their respective successors and
assigns, any rights or remedies under or by reason of this Agreement.
13. Construction.
The section headings and captions of this Agreement are, and the arrangement of this
Instrument Is, for the sole convenience of the parties to this Agreement. The section
headings, captions and arrangement of this instrument do not in any way affect, limit, amplify
or modify the terms and provisions of this Agreement. This Agreement shall not be construed
as If it had been prepared by one of the parties, but rather as if both parties have prepared It.
The parties to this Agreement and their counsel have read and reviewed this Agreement and
agree that any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply to the interpretation of this Agreement.
14. Further Assurances.
Whenever requested to do so by the other party, each party shall execute, acknowledge and
deliver 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.
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15. Goveming Law.
This Agreement shall be govemed and construed in accordance with California Law. The
venue for any legal action pertaining to this Agreement shall be Contra Costa County,
California.
16. Severabiiity.
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 Optionse 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.
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22. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall be deemed a
waiver of any other covenant or provision in this Agreement, and no waiver shall be valid
unless in writing and executed by the waiving party.
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 PBQTECTION D TRICT
By By: '
h a o upervisors
TT ST: hil Batchelor,Authority By:
Administrator and Clerk of the
Board of Supervisors
(L 0 Lai
.By_
Deputy
APPROVED AS TO FORM
By. Ott C1th
District Counsel
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A-Legal Description
GARea1Prop11999-Filesl99-910ptionAg WhytePark.doc
September 9, 1999
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Whyte Park Surplus
Lot Line Adjustment
APN 184.161-019
EXHIBIT "A»
Deal 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", 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 Lots 1,2, and 3, south 31039' east 120.00 feet to the southeast comer of said Lot
3; thence along the southerly line of said Lot 3, south 58021' 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 �
Signature: ZwEx� e�ja
Licensed Land Surveyor
Contra Costa County Public Works
Date:
c:\Groo:toOesignvimsuegsis\W,ytL-.doe
:t Recorded at the request of:
Don V. Stull
Return to:
Don V. Stull
714 Los Palos Drive
Lafayette, CA 94549
Assessor's Parcel No. 184-161-019
GRANT DEED
For valuable Consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a County fire protection
district, organized pursuant to Health & Safety Codes § 13801, at 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 MADE A PART
HEREOF,
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
Dated 'Novernber 16. 1999 BY
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 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 instrument and
acknowledged to me that he/she/they executed the
same In his/herAheir 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) ed,a ted strument.
By:
!q:,
GAGrpDat@&R*a1Prop11999-Flles\99-111[7E3St ll.doc
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", 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 Lots 1,2, and 3, south 31,039' east 120.00 feet to the southeast comer of said Lot
3; thence along the southerly line of said Lot 3, south 58021' 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
2059' west 122.11 feet to the northwest comer of said Lot 1; thence along the northerly
line of said Lot 1, north 58°21' 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.
Signature: , zW
Licensed Land Surveyor
Contra Costa County Public Works r
Date:
OF
G.AGrpDataUDesignUi S%I*gaisXWh to-.doc