HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-046 THE BOARD OF SUPERVISOR'
NTRA COSTA COUNTY, CALIFOk_,SIA C.
Adopted this Resolution on February 1, 2000, by the following vote: l•
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE RESOLUTION NO. 2000/ 46
(GOV. CODE § 25363)
SUBJECT: Sale of Surplus Real Property
Former Pittsburg Veterans' Building Site
Project No. 4405-6G5512 (CP#99-66)
Pittsburg Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
The Board by Resolution No. 99/622 dated December 7, 1999, determined that the
County owned parcel described in the Notice of Public Land Sale attached to said
Resolution was surplus and that it was not needed for public use.
The Notice of Public Land Sale set 2:00 p.m. on Tuesday, January 11, 2000, at 255
Glacier Drive, Martinez, 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 $73,000 by Loving & Campos Architects,
Inc., at which time the amount of$10,000 was deposited as an option-bid deposit to secure
completion of the transaction.
The Board APPROVES the Option to Purchase Agreement with Loving & Campos
Architects, Inc., 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 deed to Loving & Campos Architects, Inc.,, and to cause said deed to be delivered upon
performance and compliance by the purchaser of all terms and conditions set forth in the
Agreement.
I hereby certify that this is a true and correct
/NW copy of an action taken and entered on the
G:\GrpData\RealProp\2000-Files\BOs&RES\BR7-Pittsvet.doc minutes of the Board of Supervisors on the
Orig.Dept.: Public Works(R/P) date shown.
Contact: Nancy Wenninger(313-2227) FEBRUARY 1 2000
cc: County Administrator ATTESTED:
Auditor-Controller PHIL BATCHELOR,Clerk of the Board of
Assessor Supervisors and County Administrator
Public Works Accounting
Recorder(via RIP) By Deputy
RESOLUTION NO. 2000/ 46
Recorded at the request of
Loving & Campos Architects, Inc.
Return to:
Loving & Campos Architects, Inc.
245 Ygnacio Valley Road, Suite 200
Walnut Creek, CA 94596-4025
Attn. Jerry Loving
Assessor's Parcel No. 085-186-016
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Grants to LOVING & CAMPOS ARCHITECTS, INC., a California corporation,
the following described real property in the City of Pittsburg, County of Contra Costa, State
of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF,
CONTRA COSTA COUNTY
Z�0--V��
Dated / v 0 g
Chair, Board o0upervisors
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On February 1, 2000 before
me, Phil Batchelor, Clerk of the Board of Supervisors and
County Administrator, Contra Costa County, personally
appeared,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 person(s) acted,
executed the instrument.
By:
puty Clerk
Nw:eh
G:\GrpData\RealProp\2000-Files\00-1\de3Loving&Campos.doc
Attachment
Pittsburg Veterans Site
Sale of Excess Land
Drawing MA200-99
Portion of APN 085-186-016
Exhibit "A"
Real property in the City of Pittsburg, County of Contra Costa, State of California, being
all of the parcel of land described in the grant deed to the County of Contra Costa,
recorded December 19, 1923, in Book 462 of Deeds at page 30, described as follows:
Beginning at a point in the City of Pittsburg, where the easterly right of way line of East
Street intersects the northerly right of way line of East Ninth Street; thence from said
Point of Beginning, along the northerly line of East Ninth Street, south 73°15'00" east
175.00 feet; thence leaving said line, north 16045'00" east 160.00 feet to the southerly
right of way line of East Eighth Street; thence along said southerly line, north 73015'00"
west 152.97 feet to the easterly line of the former right of way of the Atchison, Topeka
and Santa Fe Railway Co's Spur No. 1; thence along said easterly line, south 55024'35"
west 35.27 feet to the easterly right of way line of East Street; thence along said
easterly line, south 16045'00" west 132.46 feet to the Point of Beginning.
Containing an area of 27,697 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: JAMES
Licensed Land Surveyor A. .4
Contra Costa County Public Works 6TEIN $
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PUB IC WORKS DEPARTMENT
MARTINEZ CALIFORNIA
ROAD No. N/A
NOTE: BASED ON RECORD INFO. FROM
"OFFICIAL MAP CITY OF PITTSBURG'' PITTSBURG VETERANS SITE
C.C.CO. PUBLIC WORKS DEPT. FILE T-83 SALE OF EXCESS LAND
Instr SCALE 1"-40' DATE NOVEMBER 1999
Recorded Series • DRAWN BY JH FILE NO.
CHECKED BY JS
Parcel Number: 085-186-016 Optionee: Loving & Campos
Project Name: Former Pittsburg Veterans' Building Site Architects, Inc.
Project Number: 4405-6G5512 245 Ygnacio Valley Road, #200
Walnut Creek, CA 94596-4025
OPTION AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY
AND THE OPTIONEE NAMED HEREIN
1. Recitals.
a. CONTRA COSTA COUNTY, a political subdivision of the State of California
("County") is the owner of the certain real property described in Exhibit "A" attached
hereto and made a part hereof, and further identified as A.P.N. 085-186-016,
hereinafter referred to as the "Property."
b. County proposes to sell the Property.
C. Loving & Campos Architects, Inc. ("Optionee') desires to acquire the exclusive right
to purchase the Property at an agreed price and under the specific terms and
conditions below.
2. Effective Date.
The effective date of this Option shall be the date that this Option is approved by the Contra
Costa County Board of Supervisors.
3. Grant of Option.
County grants to Optionee the exclusive option to purchase the Property on the terms and
conditions in this Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or terminate
on the earliest of the following dates:
a. Option Term. Forty-five (45) days following the Effective Date, unless during said
forty-five (45)day period County agrees in writing to extend the Option Period.
b. Extension of Option Period. County, in its sole discretion, shall have the right, but
not the obligation, to extend the term of the Option Term, under such terms and
conditions as County believes is reasonable, if County, in its sole discretion, believes
such extension is warranted. No such extension shall be effective unless and until it
is in writing signed by both parties.
C. Breach. Immediately upon a breach or default by Optionee under this Option
Agreement.
d. Purchase. The date that the Optionee acquires the entirety of the Property.
1
5. Consideration for Option
a. Payment. As consideration for the Option granted under this Agreement, Optionee
agrees to pay County the sum of Ten Thousand Dollars ($10,000.00) upon the terms
and conditions outlined herein, said amount to be credited to the Purchase Price of
the Property ("Option Consideration"). The Option Consideration shall be paid on or
before the date this Agreement is approved by the Board of Supervisors. The Option
Consideration shall be paid at the Public Works Department, Real Property Division,
255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County.
b. Retention of Option Consideration. Except as provided in this Section 5.b.(1) and
in Section 10 below, all Option Consideration paid to or on behalf of County shall
belong to County and be retained by County, whether or not Optionee ultimately
exercises its right to purchase the Property. County shall have no obligation to
account for the Option Consideration to Optionee.
6. Terms and Purchase Price.
a. Escrow. If the Optionee exercises its Option, at County's Option the sale may be
consummated through an escrow at a title company to be selected by County ("Title
Company"). In such case, Optionee hereby authorizes County to prepare and file
escrow instructions with said Title Company on behalf of Optionee in accordance
with this Agreement. Escrow shall be deemed to be closed and the Property shall
be deemed to be conveyed on the date the deed to 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 brokers
commission, if any, and personal property sales taxes where applicable, will be paid
solely by Optionee. If title insurance is desired by the Optionee, Optionee will be
solely responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price ("Purchase Price") for the Property during the
Option Term is the sum of Seventy-three Thousand Dollars ($73,000). All Option
Consideration paid by Optionee shall be credited to the Purchase Price of the
Property. The Purchase Price shall be paid at the Public Works Department, Real
Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra
Costa County.
C. Title; Grant Deed. The right, title and interest in the Property to be conveyed by
County pursuant to this Agreement shall not exceed that vested in the County. If the
Optionee exercises its option, the Property shall be conveyed to Optionee subject to
all title exceptions, restrictions, easements, liens and reservations, whether or not of
record. The sale under this Option is subject to the approval of the Contra Costa
County Board of Supervisors. The Optionee may not take possession of the
Property until a deed from the Contra Costa County has been recorded. If the
Optionee exercises its Option, upon approval by the Board of Supervisors, the
County shall convey title to the Property to the Optionee by Grant Deed. It is
understood that Optionee acquires no right, title, interest or equity in or to said
property until a grant deed to Optionee is recorded.
2
7. Exercise.
From and after the Effective Date, this Option may be exercised by Optionee's delivering to
County before the expiration of the Option Term, written notice of the exercise ("Exercise
Notice")and payment of the Purchase Price to the County.
8. Condition of the Property.
Neither County, nor its agents or employees have made any warranty, guarantee or
representation 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
County within which the Property is located.
If Optionee exercises this Option, Optionee will accept the Property in an "as is" condition.
County has not made and does not make any representation as to the physical condition of
the Property.
9. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, its
agents, contractors and employees, shall have the right to enter the Property at all
reasonable times for the purpose of performing reasonable tests, engineering studies,
surveys, soil and environmental tests and other tests, surveys, studies, and investigations of
the Property as Optionee determines necessary or desirable. Optionee will defend,
indemnify and hold County harmless from any claim, loss or liability in connection with any
entry by Optionee, its contractors, agents and employees and Optionee will be solely
responsible for all costs incurred in connection with these activities or Optionee's
investigation of the Property.
10. Informalities; Cancellation of Sale.
County reserves the right to waive any informality or irregularity on any offer or cancel the
sale at any time prior to recording of a deed. In the event of cancellation of sale by County,
through no fault, action or inaction of Optionee, all monies deposited shall be refunded
without payment of interest.
11. Notices.
All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed
delivered three (3) business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is
effective on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
4) When personally delivered to the recipient, notice shall be deemed delivered
on the date personally delivered.
3
b. The place for delivery of all notices given under this Agreement shall be as follows:
County: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2220
Fax: (925) 313-2333
Optionee: Loving & Campos Architects, Inc.
Attn: Jerry Loving, CEO
245 Ygnacio Valley Road, Suite 200
Walnut Creek, CA 94596-4025
(925) 944-1626
or to such other addresses as Optionee and County 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 parry, 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.
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.
4
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 County, its officers, agents, and employees, from any and all claims,
costs and liability for any damages, sickness, death or injury to persons or property,
including without limitation all consequential damages, from any cause whatsoever,
including the sole or joint negligence of County, its agents, officers or employees, arising
directly or indirectly from or connected with the repairs or any present or future condition of
the Property or use of the Property which is the subject of this Agreement, or any
representations, misrepresentations or non-representations regarding its condition or use,
and will make good to and reimburse County for any expenditures, including reasonable
attorneys' fees that County may make by reason of such matters and, if requested by
County, will defend any such suits at the Optionee's sole expense.
18. Survival.
All of the terms, provisions, representations, warranties and covenants of the parties under
this Agreement shall survive the close of escrow of the Property, shall be fully enforceable
after the Closing Date in accordance with their terms and shall not merge in the deed or
other documents following the delivery and recordation of said deed or other documents.
19. Quitclaim Deed.
If this Agreement is terminated, Optionee agrees, if requested by County, to execute,
acknowledge, and deliver a quitclaim deed to County within ten (10) days after termination
and to execute, acknowledge, and deliver any other documents required by any title
company to remove the cloud of this Option from the Property.
20. Negation of Optionee or Partnership.
No provision of this Agreement shall be construed as making either party an agent or partner
of the other party.
21. Time of Essence.
Time is of the essence for the Option Agreement. If the Option is not exercised in the
manner provided in Section 7 before the expiration of the applicable Option Term, Optionee
shall have no interest in the Property and the Option may not be revived by any subsequent
payment or further action by Optionee.
22. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall be deemed a
waiver of any other covenant or provision in this Agreement, and no waiver shall be valid
unless in writing and executed by the waiving party.
5
23. Amendment.
This Agreement may not be amended or altered except by a written instrument executed by
County and Optionee.
24. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the matters
set forth, and expressly supersedes all previous or contemporaneous agreements,
understandings, representations or statements between the parties respecting this matter.
CONTRA COSTA COUNTY LOVING & CAMPOS ARCHITECTS, INC.
LBy B
Chair, BoaDf Supervisors Jerly A Lb4d, CEO
ATTEST: Phil Batchelor, Authority Date
Administrator and Clerk of the Board
of Supervisors
By jmsz z/A&,
Dty 10
Tru
APPROVED AS TO FORM:
By
County n I
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
G:\GrpData\Real Prop11999-Files\99-11\SA3veterans.doc
(Revised August 25, 1999) (County)
6
Pittsburg Veterans Site
Sale of Excess Land
Drawing MA2OO-99
Portion of APN 085-186-016
Exhibit "A"
Real property in the City of Pittsburg, County of Contra Costa, State of California, being
all of the parcel of land described in the grant deed to the County of Contra Costa,
recorded December 19, 1923, in Book 462 of Deeds at page 30, described as follows:
Beginning at a point in the City of Pittsburg, where the easterly right of way line of East
Street intersects the northerly right of way line of East Ninth Street; thence from said
Point of Beginning, along the northerly line of East Ninth Street, south 73°15'00" east
175.00 feet; thence leaving said line, north 16°45'00" east 160.00 feet to the southerly
right of way line of East Eighth Street; thence along said southerly line, north 73015'00"
west 152.97 feet to the easterly line of the former right of way of the Atchison, Topeka
and Santa Fe Railway Co's Spur No. 1; thence along said easterly line, south 55°24'35"
west 35.27 feet to the easterly right of way line of East Street; thence along said
easterly line, south 16045'00" west 132.46 feet to the Point of Beginning.
Containing an area of 27,697 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.
G:L-
Signature: JAMES
Licensed Land Surveyor p, c
Contra Costa County Public Works — STEIN
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Date: // I/s t 9 La 6871 �P
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COSTA COUNTY
19 M 504 PUBLICR WORKS DEPARTMENT
XAR=aZ CALIFORNIA
NOTE: BASED ON RECORD INFO. FROM ROAD xo. N/A
''OFFICIAL MAP CITY OF PITTSBURG'' PITTSBURG VETERANS SITE
C.C.CO. PUBLIC WORKS DEPT. FILE T-83 SALE OF EXCESS LAND
Instr scALE 1"-40' DATE NOVEMBER 1999
Recorded Series ~ DRAWN BY JH FILE NO.
CHECKED BY JS M A2 0 0-9 9