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Home My WebLink AboutRESOLUTIONS - 01012000 - 2000-071 THE BOARD ' SUPERVISORS OF CONTRA Cr 'TA COUNTY AS . HE BOARD OF DIRECTORS OF `Y rE. CCONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on February 15, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER. NOES: NONE ABSENT: NONE RESOLUTION NO. 2000/ 71 ABSTAIN: NONE (GOV. CODE § 25363) SUBJECT: Sale of Fire Protection District Surplus Real Property Vacant Office Commercial Lot on Tice Valley Boulevard Project No. 7126-6X5126 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. 99/620 dated December 7, 1999, determined that the District 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 January 27, 2000, at 255 Glacier Drive, Martinez, California , 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 $475,000 by A. F. Evans Company, Inc., 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 Agreement with A. F. Evans Company, Inc., and the Board Chair is AUTHORIZED to execute said Agreement. The District's Fire Chief 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 A. F. Evans Company, 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 RB:gpp copy of an action taken and entered on the G:\GrpDatalRealProp12000.Piles\80s&RES\BR7-Vacant Lot.doc minutes of the Board of Supervisors on the Orig. Dopt.: Public Works(IR/P) date shown. Contact: Ronald Babst(313-2226) FEBRUARY 15 2000 cc: County Administrator ATTESTED: Auditor-Controller PHIL BATCHELOR, Clerk of the Board of Assessor Supervisors and County Administrator Public works Accounting By ��,,,._..� , Deputy RESOLUTION NO. 2000/ J Recorded at the request o. A. F. Evans Company, Inc. Return to: A. F. Evans Company, Inc. 2000 Crow Canyon Place, Suite 130 San Ramon, CA 94583-1367 Assessor's Parcel No. 189-040-016 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, Grants to A. F. EVANS COMPANY, INC., the following described real property in the City of Walnut Creek, 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 February 15, 2000 By Chair, Boar of upervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On February 15, 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: _ 90-1041� ::�� Deputy lerk 47 RB:gpp G:1GrpOatalRealProp\2000-Filesl00-21de3-CCCFPD.doc Attachment EXHIBIT "A" Tice Valley Boulevard Excess Property APN 189-040-015 A portion of the Rancho San Ramon, Contra Costa County, Califomia, described as follows: All that parcel of land granted by State Mutual Life Assurance Company of America, a corporation, and Rossmoor Corporation, a Califomia corporation to Contra Costa County, a political subdivision of State of Califomia, for and on behalf of Contra Costa County Consolidated Fire Protection District, recorded May 6, 1966 in Book 5115 of Official Records at page 71. RB:eh G:\RealPmpkiggg-Files\99-7\ExhibftAdcovallay.doc June 30, 1999 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a County fire protection district organized pursuant to Health and Safety Code § 13801, hereinafter referred to as the "District", is the owner of the certain real property described in Exhibit W attached hereto and made a part hereof, and further identified as A.P.N 189-040-016, hereinafter referred to as the "Property.* b, District proposes to sell the Property. C. A r 4:-IL" r. ("Optionee') desires to acquire the exclusive right to purchase the Prbw--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(*Effective Date"). 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 Term. Sixty (60) days following the Effective Date, unless during said sixty-day period District agrees in writing 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 Term, 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. " 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's dglivering to District before the expiration of the Option Term, written notice of the exercise (''Exercise Notice") and payment of the Purchase Price to the District. 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. 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. 14. informatities; 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 Opbonee, 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. 3 15. Governing Law. This Agreement shall be governed and construed in accordance with Califomiar 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 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 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. 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. 20. 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 EXHIBIT "All Tice Valley Boulevard Excess Property APN 189-040-016 A portion of the Rancho Ban Ramon, Contra Costa County, California, described as follows: All that parcel of land granted by State Mutual Life Assurance Company of America, a corporation, and Rossmoor Corporation, a California corporation to Contra Costa County, a political subdivision of State of California, for and on behalf of Contra Costa County Consolidated Fire Protection District, recorded May 6, 1966 in Book 5115 of Official Records at page 71. RB:eh G:\RealProp\1999-Files\99-n xhibitAticevaiieyodoc June 30, 1999