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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-154 THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL&'WATER CONSERVATION DISTRICT Adopted this Resolution on March 4, 2003,by the following vote: AYES: SUPERVISORS GIO.LA, UILKE A, GLOVER AND DESAULNIER NOES: NC>i`51E ResolutionNo.2003/ 154 ABSENT: NONE CCCFC&WCD Act(Section 31) DISTRICT III SEAT VACANT (Gov. Code § 25363) SUBJECT: ADOPT Resolution No. 2003/ 154 approving the sale of the District's surplus real property identified as a 0.23 portion of Assessor's parcel No. 007-100-010 located near Spyglass Drive on Monterey Court,Brentwood CP## 02-14 Project No. 7505-6F8325 Brentwood area The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County .Flood Control and Water Conservation District,RESOLVES THAT: The Board hereby FINDS that the project will not have a significant effect on the environment, and DETERMINES that the project is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines,and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to arrange for payment of $25.00 handling fee to the County Clerk for filing and a$25.00 fee to Community Development for processing of the Notice of Exemption.This activity has been found to conform to the General Plan of the City of Brentwood. The Board by Resolution No.28 dated January 14,2003,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 11:00 a.m. on February 11,2003,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$100,000 by California Sun-Brentwood,LLC,at which time the amount of$10,000 was deposited as an option-bid deposit to secure completion of the transaction. DLB:th i hereby certify that this is a true and correct G:\GrpDatalRealProp\2003-Files\Bos&RES\B 7 spyglass Dr.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orta.Dept.: Public Works(R/P) date shown. Contact:Debra L.Baker(313-2224) MARCH 04 2003 cc: County Administrator ATTESTED: , Auditor-Controller John Sweeten,Clerk of the Board of Assessor Supervisors and CountyAdministrator CDD—K.Piona Public Works Accounting By Deputy T.Torres,Engineering Services Board Orders Senior Clerk,Adm. RESOLUTION NO. 2003/ 154 Recorded at the request of California Sun-Brentwood, LLC Return to: California Sun-Brentwood, LLC Assessor's Parcel No. 007-100-010 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,a political subdivision, Grants to CALIFORNIA SUN-BRENTWOOD, LLC, a Delaware Limited Liability Company, the following described real property in the City of Brentwood, 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 By --. Dated n4RCH 04, 2003 Chair, Board of Supervisors DLB:eh G:1GrpData\ReaiProp12003-Files\03-21DE3 Cal sun-Brantwood.doc 2118103 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On March 4, 2003 before me, Em l , Clerk of the Board of Supervisors, Contra Costa tounty, 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(iss), 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: Deputy CI k Subject: ADOPT Resolution No. 2003/ 154pproving the sale of the District's surplus real property Date: March 4, 2002 Page: 2 The Board APPROVES the Option Agreement with California Sun-Brentwood,LLC,and the Board Chair is AUTHORIZED to execute said Agreement. The Chief Engineer,or designee,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 California Sun-Brentwood, LLC, and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. RESOLUTION NO. 20031154 Dry Creek Dam C.C.C.F.C.&W.C.D.Flag Lot Excess Land EXHIBIT"A" LEGAL DESCRIPTION All that certain real property situated in the City of Brentwood, Contra Costa County, California,being a portion of the Contra Costa County Flood Control and Water Conservation District parcel described in the deed recorded on August 28, 1964, in Book 4692, Page 455, Official Records of said County, said property more particularly described as follows: BEGINNING at the southeastern terminus of the northeastern line of lot 33, as said lot is shown on the Final Map entitled"Subdivision 8310,Deer Ridge Village Lots", filed in Book 427 of Maps,Page 29, Contra Costa County Records, said terminus also being a point on the generally northwestern line of said District parcel; thence along said generally northwestern line, generally eastern line and generally southeastern line of said District parcel the following five courses: 1)North 45°50'19"East 94.19 feet; 2)North 43°58'41"West 94.16 feet; 3)North 45'50'19"East 80.00 feet; 4) South 43°58'41"East 109.16 feet; and 5) South 45'50'19"West 174.28 feet; thence North 43°38'26"West 15.00 feet to the POINT OF BEGINNING. Containing 0.233 acres (10,146 square feet), more or less. See EXHIBIT B "Plat to Accompany Legal Description" attached hereto and made a part hereof. End of Description �© LAND c� �°. \\OISRV01\DATA\Projects\542\Documents\LLA&Legal Desc&Closures\CCCFCD—FLAGLdoc LOQ' 23 427 M 29 ��' �►��°' LOT 21 r� 427 M 29INV •i I '•�`�. a � ok C4 go • 10 427 M 29 Nm LS 06M P p8• �l9 ��'� cRu�° do ,�kti LINE BEARING DISTANCE LOT L 1 N35' 24 45 E 56. 00 427 M 29 1 L2 N10` 31 34 E 10. 42 L3 N8224' 34 W 19. 37 tr v cn L4 N42` 50 32 E 85. 16 L5 N80' 31 46'W 60. 15 ov Q) L6 N78' 16 37 W 75. 59 ° L7 N63`02 59 W 76. 01 L8 N45` 32 13 W 86. 19 L9 N43` 38 26 W 122. 75 L10 N43'38 26 W 53. 96 CONTRA CpffA CC> NJ y L11 N43' 38 260 W 15. 00 FLOOD CONTROL A L12 N43' 38 26 W 53. 79 WATER CONSERVATION L 13 N71`28 41 E 73. 50 � "Ie � �,� L14 NI35, 25 12 E 70. 08 1-15 N79 53 50 E 57. 03 4W2 OR 455 L16 N71`04 17 E 56. 92 1-17 N63` 12 13 E 51. 73 ca C4 1-18 N52' 45' 10'W 15. 17 1p� -,r'� R CURVE RADIUS LENGTH DELTA `4fi 02 C2 470. 00 236. 02 28`46' 22" 150 75 0 150 300 450 C3 20. 00 28. 85 82'38 45 C4 20.00 28. 85 82.38 45 C5 355. 00 108. 63 17.31 56 SCALE IN FEET C6 20. 00 31. 42 90"00 00 PLAT TO ACCOMPANY LEGAL DESCRfPTI(}NWORLDWIDE INC. DRAWN: STAFF }[LlIp1'Y' ��� CIVIL ENGINEERING•LAND SURVEYING CHECKED. AL ltrll[31 PLANNING SCALE: 1"..150,; 111 CENTER AVE. • SUITE F• PACHECO•CA •94553 DATE. OCT 2002; MAILING ADDRESS* P.0. BOX 6327• CONCORD•CA• 94524 SHEET1N OF 1 BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA (915)886-9894• FAX (925)886--9893 JOB rio. 200404 !'1Oi W1\tri. w.\iLBJW YCJt1'F\tnA\nlonCnw ct iJN waYl. fn Ari MAri ------------_------------------------------------------------------------- Lot name: EXCESS LAND North: 2157103.5613 East: 6205228.2238 Line Course: N 43-58-41 W Length: 109.16 North: 2157182.1135 East: 6205152.4250 Line Course: S 45-50-19 W Length: 80.00 North: 2157126.3790 East: 6205095.0346 Line Course: S 43-58-41 E Length: 94.16 North: 2157058.6209 East: 6205160.4177 Line Course: S 45-50-19 W Length: 94.19 North: 2156993.0004 East: 6205092.8476 Line Course: S 43-38-26 E Length: 15.00 North: 2156982.1452 East: 6205103.1996 Line Course: N 45-50-19 E Length: 174.28 North: 2157103.5629 East: 6205228.2246 Perimeter: 566.80 Area: 10, 146.46 sq.ft. 0.2329 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0017 Course: N 27-34-02 E Error North: 0.00154 East: 0.00080 Precision 1: 327,280.67 p LAND ft LB#0083=0 \\OISRVOI\DATA\Projects\502\Documents\LLA&Legal Desc& Closures\CCCFCD FLAG I CLO.doc Parcel Number: Portion of 007-110-010 Optionee: Project Name: Sale of Flag Lot Address: Project Number: 7505-6F8325 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, a political subdivision of the State of Califomla, hereinafter referred to as the "District", is the owner of the certain real property described in Exhibit "A" and shown on Exhibit "B° attached hereto and made a part hereof, and further identified as a 0.283 portion of APN 007-110-010, hereinafter referred to as the Property." b. District proposes to sell the Property. C. it of r1 r W .5t,n - . zyht wpcd _ LLG -_ ("Optionee') desires to acquire the exclusive right to purchase the Prop rty 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 goveming 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 Term. Forty five (45) days following the Effective Date, unless during said 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. 1 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 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 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 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 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 purchase price ("Purchase Price")for the Property during the Option Term is the sum of U.n ted YJ el " Dollars ($100)wo.00. 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 Flood Control &Water Conservation District. C. Title; Grant geed. 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 District Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa County Flood Control & Water Conservation 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. 2 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's delivering 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. 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 delivery by a nationally recognized overnight courier, notice shall be deemed delivered one (1) business day after deposit with that courier. 3 (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. 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:4 Fax: (925) 313-2333 Optionee: r(orW - 9rfAfu)QdQ1.U.,L (Name rq LmA SU b (Address) n : mC 14 4470.0 (Telephone) 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 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 21. 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. 22. Amendment. This Agreement may not be amended or altered except by a written Instrument executed by District and Optionee. 23. 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 FLOOD CONTROL &WATER CONSERVATION DISTRICT OPTIONEE By BY Chair, Board of Supervisors ATTEST: John Sweeten,Authority By &440wpo o�y Administrator and Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM by County Counsel June 6, 1997 NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A r Legal Description DLB:eh G:\GrpData\RealProp\2002-Flles\02-12\SA3a Sale Flag Lot.doe 17/30102 6 Parcel Number. Portion of 007-110-010 Optionee: Project Name: Sale of Flag Lot Address: Project Number: 7505-6F8325 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, a political subdivision of the State of Califomia, hereinafter referred to as the "District", is the owner of the certain real property described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof, and further identified as a 0.233 portion of APN 007-110-010, hereinafter referred to as the "Property." b. District proposes to sell the Property. C. C0KIftTtwiA- Ott-­�iWWtadc+'A , Lt,C. ("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 earilest of the following dates: a. Option Term. Forty five (45) days following the Effective Date, unless during said 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. 1 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 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 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 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 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 purchase price ("Purchase Price")for the Property during the Option Term is the sum of"f h u n d.-tel + V r c s ct.n 01 Dollars ($100,OM.d o ). 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 Flood Control &Water Conservation 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 District Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa County Flood Control & Water Conservation 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. 2 7. Exercise. From and after the Effective Date, this Option may be exercised by Optionee's delivering 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. 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 sufficlently 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 (4) When personally delivered to the recipient, notice shall be deemed delivered on the date personally delivered. 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:4 Fax: (925) 313-2333 Optionee: Lfgttwt w-iA Su,i --6Twoob, (Name 510 E. . ?A t*y,A . StowTR, a (Address) l fti!#V9j.4 Nl - 6A 2 07 i -03-�e?b0 (Telephone) 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 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 21. 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. 22. Amendment. This Agreement may not be amended or altered except by a written instrument executed by District and Optionee. 23. 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 FLOOD CONTROL &WATER CONSERVATION DISTRICT OPTIONEE By By Chair, Board of Supervisors —� ATTEST: John Sweeten,Authority By ►*rr-oF 1"wiAr+t/ a Administrator and Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM by County Counsel June 6, 1997 NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A-Legal Description DLB:eh G:1GrpDataXRealProp12002-Files102-121SA3a Sale Flag Lot.doc 12130/02 b r s i 0 CONTRA PUBLIC WORKS DEPARTMr- NT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT#7505-6F8325 CP#02-14 PROJECT NAME: Dry Creek Reservoir-Sale of Flag Lot PREPARED BY: Trina Torres DATE: February 5, 2002 APPROVED BY: e4, DATE: 5-2--0 2.- RECOMMENDATIONS: (X) Categorical Exemption (Class 12) ( ) Negative Declaration ( ) Environmental Impact Report Required ( ) Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: This property is surplus government property,which is not in an area of statewide,regional, or area wide concern as identified in Section 15206 (b)(4). What changes to the project would mitigate the Identified Impacts N/A USGS Quad Sheet Brentwood Base Map Sheet #M-24 Parcel# 007-100-010 GENERAL CONSIDERATIONS: 1. Location: The project is located in the east county area, in the City of Brentwood (Figures 1 —3). 2. Project Description: The project consists of the public auction sale of a portion (approx. 0.27 acres) of Assessor's Parcel No. 007-100-010 (approx. 25.25 acres), which is vacant and located on the southeast section of the parcel. This parcel is part of the Dry Creek Reservoir facility,which is owned by the Contra Costa County Flood Control and Water Conservation District (District) and is no longer needed by the District. The portion to be sold is an irregular(flag-shaped)dimension. General Plan Conformance will be obtained from the City of Brentwood. 3. Does It appear that any feature of the project will generate significant public concern? [] yes [x] no [] maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [] yes [X] no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? Yes (City of Brentwood) nt GAGrpData\EngSvc\ENVIR0\2002 Projects\CEQA\Cat.EADryCrkRes-Sale of Flaglot.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece SeHclren - Public Works Dept. Project Description, Common Name (if any) and Location: Dry Creek Reservoir-Sade of Flag Lot, County File CP# 02-14. Project Description: The project consists of the public auction sale of a portion (approx. 0.27 acres) of Assessor's Parcel No. 007-100-010 (approx. 25.25 acres),which is vacant and located on the southeast section of the parcel. This parcel is part of the Dry Creek Reservoir facility, which is owned by the Contra Costa County Flood Control and Water Conservation District(District)and is no longer needed by the District. The portion to be sold is an irregular (flag-shaped) dimension. General Plan Conformance will be obtained from the City of Brentwood. Project Location: The project is located in the east county area, in the City of Brentwood (Figures 1 — 3). This project Is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergent (Sec. 15269(a)) — General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) ✓ Categorical Exemption, Class 12 for the following reason(s):This property is surplus government property,which is not in an area of statewide,regional, or area wide concern as identified in Section 15206 (b)(4). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant. County Public Works Department 255 Glacier Drive Martinez, CA 94553 Aftn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\2002 Projects\CEQA\NOE\DryCrkRes-Sale-FlagLt.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece BeHgren - Public Works Dept. Project Description, Common Name (if any) and Location: Dry Creek Reservoir-Sale of Flag Lot, County File CP# 02-14. Project Description: The project consists of the public auction sale of a portion (approx. 0.27 acres)of Assessor's Parcel No. 007-100-010 (approx. 25.25 acres), which is vacant and located on the southeast section of the parcel. This parcel is part of the Dry Creek Reservoir facility, which is owned by the Contra Costa County Flood Control and Water Conservation District(District)and is no longer needed by the District. The portion to be sold is an irregular (flag-shaped) dimension. General Plan Conformance will be obtained from the City of Brentwood. Project Location: The project is located in the east county area, in the City of Brentwood (Figures 1 —3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) — General Rule of Applicability(Section 15061(b)(3) _ Emergency Project(Sec. 15269(b)or(c)) ✓ Categorical Exemption, C'l'ass 12 for the following reason(s):This property is surplus government property,which is not in an area of statewide,regional, or area wide concern as identified in Section 15206 (b)(4). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\2002 Projects\CEQA\NOE\DryCrkRes-Sale-FlagLt.doc .. 0 0 00 o M x y s PL v�ti ap 151 Al� Mill rA t nS A* r 1 S k �y F � 1 q ai'gip. R'� r+::• t j P �... �- � f "r r y Y• ' � , 4i t ' Al� 1 j';� ..............................................,..... . ...........�...�..... ........_... a"...._...,..�.....................�......�..'.�.� ..» r .........:...........::......:................. ....................................................,_.....�........_..... $� .... k gk ` ti ` a i a