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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-371 THE BOARD OF SUPERVISORS, AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on June 10, 2003, by the following vote: AYES: S ERE—SCRS MIA, unmA, (moi XU DES41[tM NOES: NW ABSENT: NM APSMIN: tM RESOLUTION NO. 2003/371 DISMICT III SCAT VAM Government Code § 25350 SUBJECT: ADOPT Resolution No. 2003/ 371 to determine that the purchase of real property is exempt from the requirements of the California Environmental Quality Act(CEQA); and to consummate the purchase for the relocation of Fire Station 85 on Loveridge Road. Project No. 7038-5X5106. [CP#03-12] Pittsburg 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 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 a$25.00 handling fee to the County Clerk for filing and a $25.00 flee 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 Pittsburg. This Board on May 13,2003, passed Resolution of Intention No. 2003/307 and Notice fixing June 10, 2003, at 9:30 A.M. in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place where it would meet to consummate the purchase of the real property described in the Grant Deed therein from Uecker & Associates, Inc., as disbursing agent for the reorganized Los Medanos Community Hospital District, said property being required for fire station purposes. Said Resolution was duly published in the Contra Costa Times in compliance with Govt. Code Section 6063. CP:eh G.1GrpDatatRealProp12003-Filest80s&REst8R.16 Uecker.doc i hereby certify that this is a true and correct copy of an action taken and entered on the Orig.Div.: Public Works(RJP) minutes of the Hoard of Supervisors on the Contact: C.Pecclantl(313-2222) date shown. cc: Auditor-Controller(via R/P) Public works Accounting ATTESTED: JM 10. 2W3 County Recorder(via RtP) JOHN SWEETEN,Clerk of the Hoard of Board orders Senior Clerk,Adm. Su isors and un ' d i /rotor CDD-K.Piona Public Works(ES)T.Torres B eputy CCCFPD,D.Benson RESOLUTION NO. 20031 371 Subject: Consummate purchase and accept Grant Deed. Date: June 10, 2003 Page: 2 The Board hereby consummates said purchase and approves the Purchase Agreement dated May 13, 2003, between Uecker & Associates, Inc. and the District for a fire station site on Loveridge Road, Pittsburg, California, and AUTHORIZES the Public Works Director, or designee, to sign the Purchase Agreement on behalf of the District. The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Placer Title Company, Escrow No. 615-6625, for$835,000.00 for said property for payment to Grantors, upon their conveying to the District a Deed therefor. Said Deed, is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. RESOLUTION NO. 2003/ 371 i P.W.CONSENT ITEM ` Benda Date: June 10,Z90 1 Subject category={circle on 0 1. ROAD&TRANSPO ITATION ITEMS 2. ENGINEERING SERVICES ITEMS 3. SPECIAL DISTRICI OR AIRPORT ITEMS AD0pT Itesa ution N0,200 **to dowunine that the 'si `on of the Uecker&Associates Inc.pro aty is gge=t kothe Califomi Ft7virontneantal f Act CFi A as a C 12 Cate arical l7ac92M t to Seco n 15286 4 of the C A "dclirus• mve authorize the Contra Coto Co anty blit Works Director or 4ozbM,to execxtc the hese aril Sale Agreement aace the Cxrant Deed ` m Uecker&associates,I=: rove and authorize tlLe Auditor-C=troller to issue a check in the amm at of SSSS 900 able to Placer T' e C for ri is required for the relocati of Fire Statior #85 on Loveridge Road Pittsb 3-121 LQC.0 Fire Protection District 'sfirict "ect NoJ QL8- 6X5196. r Approved by. Div. Head: Submitted y: �—L,- Supervisor: Attachments: Board rder(s) Resolution eed ( pawak)co y(s)for Board Cleric fo ubr►c Works Directors signature documents to follow: This form plus Boa Order/Resolution and all the attachments are due to the Reell Property Secretary on Monday. not later than 5.00 p.m., two weeks prior to the Bo of Supervisors meeting. t teWwP%F0RMsWA( e)rdoc ,1,M, CONTRA PUBLIC WORKS DEPARTMENT COSTA INITIAL STUDY r COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT #7038-6X5169 and 7038-6X5199 CP# 03-12 PROJECT NAME: Fire Station No. 82 Sale (Antioch), and Fire Station Nos. 84 & 85 Sale and Acquisition of new situ (Pittsburg) ti 4L, PREPARED BY: Trina Torres VI/ DATE: March 11, 2003 APPROVED BY: DATE: M 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 Honker Bay and Antioch South Base Map Sheet #E-19, E-20,F-19, &-G-20(Pittsburg); J-24&K-24 (Antioch) Parcels # (Pittsburg Acquisition) 086-190-035, 086-190-036, &088-161-031; (Pittsburg Sale)088220-010&085-370-057; (Antioch Sale) 071-101-017 GENERAL CONSIDERATIONS: 1. Location: Fire Station No. 82 is located in the City of Antioch (Figs.1, 7, & 8). Fire Station Nos. 84 and 85 are located in the City of Pittsburg. (Figures 1-6). 2. Project Description: Fire Station Nos. (FS#)82,84 & 85 are obsolete and will be relocated,which includes acquiring parcels and selling the existing fire stations. The project consists of acquiring two vacant adjoining parcels (APN 086-990-035;approx. 1.45 acres and AP Q�08 990-036;approx. 0.972 acres) for FS#84 (Fig. 3) and one vacant parcel (APN 088-961-cl; pprox. 0.87 acres) for FS#85 (Fig. 4) . The project also includes selling FS084(APN 085-370-057) (Fig. 5) , FS#85(APN 088-220-090) ((Fig. 6) , and FS#82(APN 071-101-017) (Fig. 8) at public auction. The City of Pittsburg wrote a Categorical Exemption for the installation of the new FS#84&FS#85. Contra Costa County previously acquired the new site for FS#82 (CP#99-57). General Plan Conformance will be obtained from the Cities of Pittsburg and Antioch for this project. Pro ect Location: Fire Station No. 82 is located in the City of Antioch (Figs . 1, 7, & 8) . Fire Station Nos. 84 and 85 are located in the City of Pittsburg. (Figures 1-6) . 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? [X] yes D no Agency Name(s) ; General Plan Conformance from the Cities of Pittsburg and Antioch. 5. Is the project within the Sphere of Influence of any city? Yes. (Pittsburg and Antioch) 1 /tt GAGrpData\EngSvc\ENV1R0\2003 Projects\CEQA\CatEx1FS 82 Sale(Ant)-FS 84&85 Acq&Sale(Fitt).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) 813-2296 Contact Person:Cece Sellgren-Public Works Rapt. Project Description, Common Name(if any)and Location: Fire Station No. 82 Sale (Antioch) and Fire Station Nos. 84 &85 Sale and Acquisition of new sites (Pittsburg),County File CP#03-12. Protect Description: Fire Station Nos. (FS#) 82, 84 & 85 are obsolete and will be relocated, which includes acquiring parcels and selling the existing fire stations. The project consists of acquiring two vacant adjoining parcels (APN 086-990-035;approx. 9.45 acres and N 086-990-036; approx. 0.972 acres) for FS#84 (Fig. 3) and one vacant parcel (APN 088-969A 9; ypprox. 0.87 acres)for FS#85 (Fig. 4) . The.project also includes selling FS484 (APN 685-370-057) (Fig. 5) , FS#85 (APN 088220-090) (Fig-. 6) , and FS#82 (APN 079-101-017) (Fig. g)at public auction. The City of Pittsburg wrote a Categorical Exemption for the installation of the new FS#84 &FS#85. Contra Costa County previously acquired the new site for FS#82(CP#99-57). General Plan Conformance will be obtained from the Cities of Pittsburg and Antioch for this project. Proiect Location: Fire Station No. 82 is located in the City of Antioch (Figs. z, 7, & 13). Fire Station Nos. 84 and 85 are located in the City of Pittsburg. (Figures 1-6) . This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergent (Sec. 15269(x)) — General Rule of,4pplicability(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 1 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 ding date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:1GrpData\EngSvctENVIRO\2003 Projects\CE.QA1NOE1FS 82 Sale(Ant)-FS 84&85-Acq&Sale-(Pitt).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.Sellgren-Public Works Dept. Project Description, Common Name(if any)and Location: Fire Station No. 82 Sale (Antioch) and Fire Station Nos. 84&85 Sale and.Acquisition of new sites (Pittsburg), County File CP#03-12. Protect Description: Fire Station Nos. (FS#) 82, 84 & 85 are obsolete and will be relocated; which includes acquiring parcels and selling the existing fire stations. The project consists of acquiring two vacant adjoining parcels (APN 086-190-035;approx. 1.45 acres and A N 086-190-036; approx. 0.172 acres) for FS##84 (Fig. 3) and one vacant parcel (APN 088-1811;4prox. 0.87 acres)for FS#85 (Fig. 4) . The project also includes selling FS4$4 (APN 085-370-057) (Fig. 5) , FS#85 (APN 088-220-010) (Fig. 6) , and FS#82 (APN 071-101-017) (Fig. 8) at public auction. The City of Pittsburg is responsible for conducting the CEQA for the new FS#84 & FS#85. The new site for FS#82 was previously acquired. General Plan Conformance wilt be obtained from the Cities of Pittsburg and Antioch for this project. Project Location: Fire Station No. 82 is located in the City of Antioch (Figs. 1, 7, & 8) . Fire Station Nos. 84 and 85 are located in the City of Pittsburg. (Figures 1-6) This project Is exempt from CEQA as a: Ministerial Project(Sec. 15268) father Statutory. Exemption, Section — Declared Emerges (Sec. 15269(a)) i General Rule of Applicability(Section 15061(bx3) Emergency Project(Sec. 15269(b)or(c)) 71Categorical 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 bepartment 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. 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OIL u� L � .3LH.11.2003 11,28AM CCC PUBLIC WORKS MU.614 P.16/26 Parcel Number:APN 086-161-03 Grantor.Uacker&Associates, 4 Project Name: CCCFPD A+C Q&I Zalocation Station 84 Address:One Front Sheet,Suite 1550 San Francisco, CA 9411 Projekt Number:708-6X5196 PURCI iASE AND SALE AGREEMENT BETWEEN CON77?AA COSTA COUNTY AND GRAN OR NAMED HE&91N This Agreement is entered Into bv and between a Centra Costa County, a political subdivision of the tate of California hereinafter referred as "County" and Uecker & Associates, Inc., as disbursing agent for the reorganized Los Medanos unity Hospital District pursuant to that certain Joint Plan for the Adjus ant of Debt(August 18,1998)of Los anon Health Care Corporation,a California nonprofit public benefrt ration. and Los Medanos Community spital District. a political subdivision of the State of California Nos. 94 2864-J AND 98-13 j(jointly admin' ),hereinafter referred to "Granton. RECITALS Grantor Is the owner of approxi Maly 83,200 square feet of real property located in the City of Pittsburg Contra Costa County, California, des on Exhibit "A" and shown on Exhibit "B" attached hereto and inco porated herein by reference. The real p rty, Including improvements thereon,if any,are collectively referred herein as the"Property". AGREEMENT NOW THEREFORE, in ear's I ation of the agreements heroin contained and for other good and luable consideration,the receipt andquacy of which are hereby acknowledged,the parties hereby agree as allows: 1. Effective Date, it is urstood that this Agreement Is subject to arpprovail by the County's vverninqBoard. This Agreemeneffective on the date app by the County's Governing Board " ffscItreDate").This Agreemeill be submitted to the Grantor first for approval,and thereafter to the 0 nty. I 2. Purchase and Sate. S jbJect to the terms and conditions in this Agreement. Grantor agrees to salt and E County agrees to purcN,se the Property. 3. Purchase Price. The purchase price for the: Property shaft be EIGHT HUNDRED THIFt FIVE THOUSAND DOLLARS $835,000.00)("Purchase Price"). I 3.1. All ad valore m r I property and any penalties and costs thereon,and all Installme of any bond or asses nt that constitutes a lien on the Property shall be cleared and paid b Grantor as of the date t shall vest in County by the recordation of the deed herein pursuant to s 4986,5482,and 5086 of the Revenue:and"taxation Code of the State of California,If un id as of the date title vee s. 3.2. The Purchase ce shell be paid to Reorganized Los Medaanos Community Hospltel Di do Uecker&Assoctes as Disbursing Agent of Los Medanos Health Cara Corporation, 4. Conditions to County s Performance. The County`s obligation to perform under this Agra Dment Is subject to the following (tions: p 1 i AJN.11.2003 11:28W CCC PUEL1C; W(JKKS 4.1. Grantor's represe tatictns and warranties in this Agreement being correct as of the date lof this Agreement and as of the Close of Escrow. 4.2. GrantoesperformE nee of ail obligations under this Agreement. 4.3. The vesting of tits to the Property In the County by grant deed in fee simple absolute, free and clear of all liens, cumbrances, assessments, leases (recorded and/or unrecorded), a taxes except the follow/ "Approved Exceptions! as outlined in the Preliminary Report dated Do ximber 10,2002,Issued Placer Title Company: A Covenants conditions,restrictions and reservations of record, listed as exceptions No.8. S. Easement or rights of way of record over said property, listed as exception(s) No. 3, 5, 10, and 11 4.4. Placer Title Comp ny is being prepared to issue a CLTA title,insurance policy in the full amount of the purchase prlcf,subject only to the Approved Exceptions("Tit)e Policy"). If County determines the any of these conditions have not been met, County shall have the ht to terminate this Agreement by delivering written notice to Grantor and,9 applicable,the Escrow agel t 5. Escrow. By this Agrs nt, County and Grantor establish an escrow ("Escrow") with PI r Title C4mpany, 1981 N. Br way, #100 Walnut Creels, California. their Escrow No. 615-66 ("1 ide Company"). Grantorby authorizes County to prepare and file escrow instructialrrs with st Id Title Company, on behalf of raptor, In accordance with this Agreement. This includes authortzzatie of the Tide Company to wlthhol pro rata taxes,liens and assessments on the Property veyed. 5.1. . The County shall pay all escrow and recording fees incurrec In this transaction and,H title insurance Is desired by the County,the premium charged therefor. 5.2 Grantats r1opmrif h3in ES On or before the Close of Escrow, Grantor will deliver Into Escrow with the Title Coff pany the tong documents: A A grant di ed, in recordable form and properly executed on behalf of Grantor, Ir a form approved by County ("Grant Deed") conveying to County the Property in fee simple absolute, iubject only to the Approved Exceptions. S. Copies of any effective leases, rental agreements or any other agreements, If ary r, which the Count has agreed in writing are to remain in effect after County takes title. i C_ Grantors affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue a of 1986,as amended(26 USCG§1445]("FIRPTA Affktavir);and i D. Grantor's affidavit as contemplated by the Revenue and Taxation Code j 18662 (Withhok ing Affidavit"). i 5.3. Prior to the Close of Escrow, Cointy will deposit the Purcl iase Price into escrow with the Title Company. Escrow shall close on cr before June 30, 2003 5.4. Close of Fscmmt Escrow shall close upon the conveyance of the Property to the Coun4 ('Close i of Escrow). On t ie closkV date,the Title Company shall close Escrow as follows: 2 Cs. rp�oPtCOli®YpYlGi786i tt1FCKSR CCFPD$4 Chingos 5.1-03.doc t81D APY90VE6 3Y Coh7�T Y Cd1k7�L 6/� JUN.11.2003 11:29W CUL PUtiLIU 5 any.�i4 r.ion ee A. Record th Grant [deed, marked for return to the County care of Cana Pecaanii, Real � Property A)ent for the County(which shelf be deemed delivery to the County), = r B. Issue the tie Policy,if requested to do so by the County; C. Prorate taxes, assessments, rents and other charges as provided by this Agreeme t; D. Disburse to the Grantor the Purchase Price,less prorated amounts and charges to 5e paid by or on bi thalf of Grantor, E. Prepare end deliver to the County and to the Grantor one signed copy of tie Title Company'5 closing statement showing all receipts and disbursements of the Escrow. If the Tide Company is u riable to simultaneously perform all of the instructions set forth above, tie Title Company shall notify the Grantor and the County and retain all funds and documents pending receipt of further Instructions from Me County and Grantor. 6. Grantor's Representations and Warranties. Grantor makes the following representa s and warranties with the understanding that these representations and warranties are material and are being relied upon by County. Grantor represents and warrants to the County that as of the date of this Agreement and as of the lose of Escrow: 6.1. Ular(gatahle Title_ Grantor is the owner of the Property and has marketable and Insur ble fee simple title to the roperty clear of restrictions,leases,liens and other encumbrances,su ct only to the Approved -Exceptions. No leases, licenses. or other agreements allowing any th partyrights to use the roperty are or will be in force unless prior consent has been given by th County In writing. Com sncing with the full execution of this Agreement by both parties and ntll the Close of Escrow, Grantor shall not permit any liens,encumbrances or easements to be pi wed on the property oththan the Approved Exceptions, nor shall Grantor enter into any agreerr lent that would affect the 31roperty that would be binding on the County after the Close of Escrcm without the prior written sent of the County. 6.2 Condiano of Ejq M4C Grantor has disclosed to the County all information, records arK studies maintained byIdIctly tor In connection with the Property concerning hazardous substances and that j Grantor is nncealing any knowledge of the presence of contamination or h zardous substances om or under the Property. Any Information that Grantor has delive to the County either or through Grantor's agents Is accurate to the bast of Grantor's k e and Grantordisclosed all material facts that are known to Grantor with respect to the Property. 6.3 To the best of Grantor's knowledge,there are not presi intly any actions, suits, or proceedings pending or, to the best of Grantor's knowledge,threaten against or affecting the roperty or the Interest of Grantor in the Property or its use that wo Id affect Grantor's ability o consummate the transaction contemplated by this Agreement. F r, there are not any outs riding and unpaid at"tion awards or judgments affecting title to any rtion of the Property. o Me best of Grantor's kn there air* not presently any p ing at threatenedco mnetion, eminent domain or similar proceedings affecting the property. Grantor shall promptly fy County of any of these matters arising in the future. 6.4 Gmnlefs That this Agreernent and ad other documents delivered prior to or at Close of Escrow have been authorized, executed, and delivered by Grantor, are binding obligations of the Grantor,and are collectively sufficient to transfer all of Grantoes rights to the Property. 3 G, raM®eeProlCawc�as ?cc :rcPv ea chanesy.a�oocaIs,&" JM.11.200:3 11:Ll-;W LLL NUUL1L M1t NKK 7. County's Representatlows and Warranties. County warrants that, upon approval of this Agreen tent by i the County's governing bc dy.this Agreement shall constitute a binding obligation of the County. 8. Hazardous Materials, T ie Grantor hereby represents and warrants that, to the best of its kn doe, during the period of Gra itoes ownership of the Property, there have been no disposals, rete ses or threatened releases of h 3zardous substances or hazardous wastes on, from, or under the P party, ...� su n 7VOSOO, 011; ft—in, Grantor further represen and warrants that Grantor has no knowledge, other than as set forth in that certain report called Pha e I Environmental Site Assessment dated March 2001 and the Summary of Laboratory Analytical Results—Soil prepared by World Environmental Services &Technology(WEST) a c=opy of which Grantor ias provided on April 15, 2003 to Carla Peccianti, Senior Real PropeM,Agent for Contra Costa County of any disposal, release, or threatened release of hazardous substai ices or hazardous waste, on,fro n, or under the Property, which may have occurred prior to Grantor tak Ing title to the Property. The acquisition price of tie Property being acquired in this transaction reflects the fair--market value of the Property without the presence of contamination, if the Property being acquired is found to be contaminated by the pre 3ence of hazardous waste, which requires mitigation under Federal c r State law, the County may el to recover its clean-up casts from those who caused or contributed to the contamination. 9. Survival. All of the term ,provisions, representations,warranties and covenants of the parties ur der this Agreement shall survive he assignment, expiration or termination of this Agreement and shall merge in the dean or other docu nents following the delivery and recordation of said deed or other docum 10. Possession of the Prop orty. Possession of the Property shall be delivered to the County at the lose of Escrow, 11. Assignment and S ars. This Agreement shall inure to the bepefit of and shall be bindingupon the parties to this Ag ent arul their respective heirs, successors,and ns 12. Notices. All natic�es III requests, demands, approvals or other communications) u r this Agreement shall be in wr g. The place for delivery of all notices given Under this Agreement sh ll be as follows., Grantor. S Uecker U cker&Associates, Inc. 1 none Street,Suite#1560 'Francisco.CA 94111 Te ephone: (415)362-3440 County: Contra Costa County Real Property Division Pt b0c:Works Department 2 (Glacier Drive rtinoz,CA 9453 T Iephone: (925)313-2222 Carla Peccianti, Senior(teal Property Agent or to such tither adores as County and Grantor may respectively designate by written notice to the 4 ,f OM O►op w ntOWECKER CCFPri 84 dwreea 5-1-03.doc T6AP4 7U+pROVFA $EL G/4 l r other. ► 13. Entire Agreement. 11he rties have herein set forth the whole of their agreement. The perfor nce of this agreement constitute s the entire consideration for said document and shall relieve the Cou ity and r t It)" y Grantor of all further igation or claims on this account, or on account of the kmation, g or n $81 ex pt se 1i construction of the d public improvement Grantor has no other right or claim to corn s ton arising out of or con d with the acquisition of the subject property by the County, ex pt as specifically set forth in Is Agreement, including but not limited to all claims for compensa for improvements pertaining to realty, all claims for compensation for fixtures, equipment or hinery, attorneys' fees, comets damages of every kind and nature by reason of County's acquIsit! of the subject property and a f# never to assert such a claim. 14, Construction, The se on headings and captions of this Agreement are, and the arrangemen of this Instrument is,for the swd convenience of the parties to this Agreement The section headings, ptions and arrangement ol 1h Instrument do not in any way affect, limit, amplify or modify the to 6 and 0 , ree provisions of this Agree nt This Agreement shall not be construed as if it had been prepared one of the parties, but rakerboth parties had prepared it The parties to this Agreement and their unset have read and rq�Aewe this Agreement and agree that any rule of construction to the eff that ambiguities are to be olved against the drafting party shag not apply to the Interpretatlo of this Agreement,The Redtafs are and shall be enforceable as a part of this Agreement. 15. Further Assurances. henever requested to do so by the other party, each party shag ecute, acknowledge and c#egv all further conveyances, assignments, confirmations, satisfactions, r leases, powers of attorney,ins ments of further assurance, approvals, consents and all further Iftstru is and documents as may be assary, expedient or proper In order to complete all conveyances, nsfers, sales, and assignmenbts nder this Agreement and do all other acts and to execute, acknoWe ge, and deliver all documents as equested In order to carry out the Intent and purpose of this Agreement 16. Waiver. A waiver or I oreach of any covenant or provision In this Agreement shall not be arned a waiver of any other cove iant or provision In this Agreement, and no waiver shall be valid urV*w I writing and executed by the wat ing party 17. Severability. If any t wm or provision of Ns Agreement shall, to any extent be held I valid or unenforceable, the rem a nder of this Agreement shall not be affected. XPPW cow .=N"J MW=MR cC,;PD 84 dWtq"5 JLlhl.11.2003 11:30AM CCC PUBLIC WORKS NU.bio F.elldb 18. Goveming law and Venue, This Agreement shall be governed and construed in accordawe with California law. The venL e of any litigation pertaining to this Agreement shall be Contra Costa County, California CONTRA COSTA COUNTY GRANTOR Uecker&Associates,Inc. REC MMENDED FOR APPR0 AL: as DIstWrsing Agent, sy gy .� Carla Pecclant€ Susan L tk er Senior R Property Ag By ©ate (Date Signed by raptor) P {Real Property Agent APPROVED: i3y Maurice SNu Public Warks Director Data, (Data of Board Approval No OBUGATION 3THER THAN THOSE SST FORTH HEREIN WILL BE RECOGNIZED F hbit A-Legal Description E=xhibit B—Plat Map 6 Q�t a�lrtealPr rCatl� so WECKM�[}8;&&vtr1-03.:iac (FOR APMV= II C'QC7ri!' Nt i iJ Y EXHIBIT 16AP' Fee Title Parcel One of those parcels of land granted by the Los Medanos Community Hospital District to Uecker and Associates Inc., as Disbursing Agent for the reorganized Los Medanos Community Hospital District pursuant to that certain Joint Plan for the Adjustment of Debt (August 18, 1998) of Los Medanos Health.. Care Corporation, a California nonprofit public benefit corporation and Los Medanos Community Hospital District, a political subdivision of the State of California (Case No. 94-4-2864-J and 96- 4-1356-J (Jointly Administered)), by grant deed recorded December 24, 1998 as document number 98-0324848, City of 'Pittsburg, Contra Costa County California described as follows: , Being all of Parcel D as shown and delineated on Parcel Map M.S. No. 679-96 filed May 29, 1997 in Book 171 of Parcel'Maps at page 18. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Lan Surveyor �y Contra Costa County Public Works �o �} Exp. 12-31-04 Date: (9 — No.5999 RZ:mm G:iGrpData\Cierical\EXHIBITSl2403tLos Medanos Comm Hospital Dist-doc t ftOAD 401E 6E i VA t Y t • � � a nyi� �M w J 05-27-03 02:59pm From-DECKER AND ASSOC +415-362-7704 T-960 P.03/05 F-139 Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Carla Peccianti Assessor's Parcel No. 088-161-031 Title Co. Order No. 615-6625 Gr 6% m ANT DEED For Value Received, receipt of which is hereby acknowledged, UECKER&ASSOCIATES, INC.,AS DISBURSING AGENT FOR THE REORGANIZED LOS MEDANOS COMMUNITY HOSPITAL DISTRICT PURSUANT TO THAT CERTAIN JOINT PLAN FOR THE ADJUSTMENT OF DEBT (AUGUST 18,1998) OF LOS MEDANDOS HEALTH CARE CORPORATION,A CALIFORNIOA NONPROFIT PUBLIC BENEFIT CORPORATION,AND LOS MEDANDOS COMMUNITY HOSPITAL DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA (CASE NOS. 94-4-2864-J AND 96-1356-i (JOINTLY ADMINISTERED) GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, County of Contra Costa, State of California, I FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Uecker and Associates, Inc. as Disbursing Agent Date--�-7 B- SusVh' Uecker ATTACH APPROPRIATE ACKNOWLEDGMENT Meh G*\GrpOat2\PeaiProp\2003-Flies\03-5\uecker&Associates,doc 5/13/03 05-27-03 02:59pm From-UECKER AND ASSOC +415-362-7704 T-960 P.04/05 F-139 ST'A'TE OF CALIFORNIA ) COUNTY OF San Franoi co ) On May 27.2003--,-,before me, Anne Yanow, a Notary Public, State of California, duly commissioned and sworn,personally appeared _ Sus L. decker .personally known tome to be the person,whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on,the instrument the person, or the entity upon.behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public, Stat California My commission expires Apel 3n.2005