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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-489 eoTHEBOARD OF SUPERVISORS,AS THE � GOVERNING BODY OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 5, 2003,by at least a four-fifths vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 2003/ 489 ABSTAIN: NONE (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2003/ 489 approving Notice of Intention to Sell the Fire Protection District's surplus real property identified as Assessor's Parcel No.071-101-017 located at 2900 Lone Tree Way. [CDD-CP#03-12] Antioch Area Project No. 7038-6X5199 The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Fire Protection District RESOLVES THAT: The Board DETERMINES that the parcel of improved land,acquired for fire protection purposes,described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein,is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice of Public Land Sale is APPROVED and the Real Property division is DIRECTED to post the attached Notice of Intention to Sell Real Property in three (3)public places in the County for that period,pursuant to Government Code Section 25363. The Board sets Wednesday,September 10,2003,at 1:00 p.m.,at 255 Glacier Drive,Martinez,California,as the time and place where oral bids will be received and considered. Meh G.\GtpData\RealProp\2003-Files\BO)s&RES\BR station 82 Antioch.doc 1 hereby certify that this is a true and Correct copy of an action taken and entered on the Contact* O).Reynolds,Tel. 313-2306 Dept.: Public Works minutes of the Board of Supervisors on the Contdate shown. cc: P/W Accounting County Administrator Assessor ATTESTED:--AMM-050 2003 Auditor-Controller JOHN SWEETEN,Clerk of the Board of Community Development Dept. Supervisors and County Administrator T.Torres,Environmental,Eng.Services Board Orders Senior Clerk,Adm. BY. '� Deputy RESOLUTION NO. 2003/1 489 NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) Contra Costas County Fire protection District The County .Real Property Division will sell at public auction to the highest responsible bidder, the +10,400 square foot parcel improved with a +2,662 square foot Fire Station, Zoned MCR, Mixed Use—Commercial/Residential in Antioch hereinafter described: Assessor's Parcel No. 071-101-017 located at 2900 Lone Tree Way, Antioch. The auction will be held in Conference Room "A", 255 Glacier Drive, Martinez, California, on Wednesday, September 10, 2003 at 1:00 p.m. Terms and Conditions of Sale are available at the office of the County Real Property Division, 255 Glacier Drive, Martinez, CA 94553; www.co.contra-costa.ca.usldepartlpw; or may be requested by phone to be mailed by calling 313-2220. The District reserves the right to reject any and all bids received. The parcel will be sold "as is" and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. JOHN SWEETEN Clerk of the Board of Supervisors And County Administrator B y 44-x� eputy Clerk ��� G:\GrpDataiReaiProp12003-F�7es\03-6\BR.28 Station 82 An6och.doc 6117/03 NOTICE OF PUBLIC LANCE SALE P Option to Purchase * Auction Sale DATE: Wednesday, September 10, 2003 TIME: 1:00 P.M. LOCATION: Public Works Department Conference Room A 255 Glacier Dr. Martinez, CA 94553 PROPERTY LOCATION: 2900 Lone Tree Way, Antioch, CA Comer of Lone Tree Way and Putnam St. PROPERTY DESCRIPTION: Former fire station built on a 10,000± square foot parcel. The lot is zoned MCR Mixed Use - Commercial/Residential (Contingent upon approval of use permit by City). The improvements include a kitchen, office, living area, bedroom area, large bathroom and large garage with two roll-up doors. PROPERTY INFORMATION: Assessor's Parcel: 079-101-017. Parcel size: 10,000±square feet encumbered with a 20 foot storm drainage easement and traffic signal easement. Building size: 2,662±square feet. Zoning: MGR Mixed Use - Commercial/Residential Contingent upon approval of use permit by City. Utilities: Water, sewer, telephone, gas and electric. THE BUILDING MAYBE INSPECTED ON AUG. 16, 2003 FROM 9 TO 11 AM, AUG. 20, 2003 FROM 12-2 PM, AUG. 28, 2003 FROM 5:30 TO 7:30 PM AND SEPT. 6, 2003 FROM 9— 11 AM. MINIMUM BID: $325,000.00 OPTION DEPOSIT AMOUNT: $10,000 in the form of a certified check, cashier's check or money order(no personal checks). OPTION PERIOD: 45 days after acceptance of the bid by the Contra Costa County Board of Supervisors. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT REAL PROPERTY DIVISION 255 GLACIER DRIVE, MARTINEZ, CA 94553 For additional information, call Olivia D. Reynolds, Assistant Real Property Agent at (925) 313-2306, Monday through Thursday between 6:30 a.m. and 5:00 p.m. G,1Gr}7Gata'P"l'rop42003-FgesUO3.8'\AudionNoUce StMon MUoeh.doc f • 1 a •• • v 1 a ar ' w ` � y � a , .4r ' q; M •� t ♦ef.�. 11 ; ORAL BIDDING In order to participate In the bidding procedure a CASHIER'S CHECK, CERTIFIED CHECK, OR MONEY ORDER. In the amount of$10,000 must be deposited with the auctioneer prior to the start of bidding. No exceptions. Bidding will open at the$325,000 set bid and continue thereafter until the highest oral bid is finally accepted. At the close of bidding, the highest bidder will be required to execute an "Option Agreement" and to leave with the auctioneer their$10,000 non-refundable deposit in the form of a CASHIER'S CHECK, CERTIFIED CHECK OR MONEY ORDER,payable to Contra Costa County. BID ACCEPTANCE Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of Supervisors as governing body of the Contra Costa County Fire Protection District ("District") by Resolution authorizing and directing the execution of the deed. BID REJECTIONS The District reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to accept any offer deemed in the best interest of the District,or to withdraw the property from the sale. BIDDER DEFAULT In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in completion of the sale, the District may, at its discretion,offer the Option to the second highest bidder. if the second highest bidder accepts the offer, the deposit requirement and terms of Option to Purchase shall be the same as stated In this notice of sale,except that the Option period shall commence upon acceptance by the Board of Supervisors. CLOSING TRANSACTION Successful bidder will have the Option period of 45 days after bid acceptance to complete the transaction under the TERMS OF OPTION TO PURCHASE,attached hereto. In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale of public property, then only that part or portion of this agreement so conflicting shall be amended to conform with any applicable legal requirements at the time. All District employees may bid to acquire surplus District property,except employees who have direct access to information not generally available to the public or who influence the purchase or sale of right of way or other real property. THE INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE,BUT IS NOT GUARANTEED. G:1GrpData\RealPmp�Oflvia\Stadon 82 DisposaWral Bidding.doc 3/3/03 Parcel Number: 071-101-017 Optionee: Project Name: Sale of CCCFPD Station 82,Antioch Address: Project Number: 7038-6X5199 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 political subdivision of the State of California, 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 APN 071-101-017, hereinafter referred to as the "Property." b. District proposes to sell the Property. 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 ("Board'), as governing body of the District. 3. Grant of Option. District grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Term of Option. The term of this option shall commence on the Effective Date and shall expire or terminate on the earliest of the following dates: a. Option 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 ($10,000.00)upon the terms and conditions outlined herein, said amount to be credited to the Purchase Price of the Property ("Option Consideration"). The Option Consideration shall be paid before the date this Agreement is approved by the Board. The Option Consideration shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Fire Protection District. b. Retention of Option Consideration. Except as provided in Section 10 below, all Option Consideration paid to or on behalf of District shall belong to District and be retained by District, whether or not Optionee ultimately exercises Its right to purchase the Property. District shall have no obligation to account for the Option Consideration to Optionee. 6. Terms and Purchase Price. a. Escrow. If the Optionee exercises its Option, at Districts option the sale may be consummated through an escrow at a title company("Title Company")to be selected by District. In such case, Optionee hereby authorizes District to prepare and file escrow instructions with said Title Company on behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction taxes or fees, by whatever name known, Including broker's commission, if any, and personal property sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the Optionee, Optionee will be solely responsible to pay the premium charged therefor. b. Purchase Price. The purchase price ("Purchase Price")for the Property during the Option Term is the sum of Dollars ($ ). All Option Consideration paid by Optionee shall be credited to the Purchase Price of the Property. The Purchase Price shall be paid at the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Fire Protection District. C. Title; Grant Deed. The right, title and Interest in the Property to be conveyed by District pursuant to this Agreement shall not exceed that vested in the District. If the Optlonee 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 Board. The Optionee may not take possession of the Property until a deed from the District has been recorded. If the Optionee exercises its Option, upon approval by the Board,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 T. 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 Opbonee 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. Optlonee 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 Incur-red in connection with these activities or Optionee's Investigation of the Property. 10. lnformalitles; 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 iNail. (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: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Telephone: (925)313-2306 Fax: (925) 313-2333 ©ptionee: (Name (Address) (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 bf this Agreement. 14. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyancQs, 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. Negatlon 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 FIRE OPTIONEE PROTECTIOIN DISTRICT By By Chair, Board of Supervisors ATTEST: John Sweeten,Authority By Administrator and Cleric of the Board of Supervisors ByZW��=_ 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 Exhibit B--Plat Map G:IGrpDatelRes Prop12003-FiIes103-8tSA3a sale stMon 82 Antloch.doc 8118/03 6 Contra Costa County Fire Protection District Station 82—2904 Lone Tree Way, Antioch, CA APN 071-101-017 EXHIBIT "A" PARCEL 1 Beginning at the northwest comer of Lot 10 as designated on the map entitled "Lone Tree Heights, Unit No. 1, Contra Costa County, California", filed September 10, 1937, in Volume 22 of Maps at Page 640, in the office of the County Recorder of Contra Costa County; thence from said point of beginning along the north line of said Lot 10 North 870 551' East, 80 feet; thence leaving said north line along a tangent curve to the right with a radius of 20 feet through a central angle of 900 for an are length of 31.42 feet; thence tangent to said curve South 20 09' East, 80 feet to the south line of Lot 11 of said Subdivision (22 M 640); thence along said south line of Lot 11 South-87' 51' West, 100 feet to the southwest corner of said Lot 11; thence along the west lines of said Lots 11 and 10, North 2° 09' West, 100 feet to the point of beginning. Containing an area of 0.228 acres of land more or less. Excepting therefrom a storm drainage easement being the most westerly twenty feet of said Lots 10 and 11 (22 M 640). 97 so.00 W- VV jr .. ... .. . . ... . .... ... . ...�. .e_... ..t LLJ Ld ccp, .GGA... L,l... I } { •r r • •.i i _ •....1•. ANTIOCH` F1RE. STATION' NO. 72 S Es r�kI7: vk�`r`. 2• or-j QW.W.95