HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-575 THE BOARD OF SUPERVISORS,AS THE
GOVERNING BODY OF THE CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT (...
CONTRA COSTA COUNTY, CALIFORNIA
v
Adopted this Resolution on September 23, 2003,by at least a four-fifths vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
RESOLUTION NO. 20031575
ABSTAIN:.: NONE (Gov't Code § 25363)
SUBJECT: ADOPT Resolution No. 2003/ 575 approving the sale of a 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. District V
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 by Resolution No. 2003/489 dated August 5, 2003, determined that the County owned parcel
described in the Notice of Public Land Sale attached to said Resolution was surplus and that it was not needed for public
use.
The Notice of Public Land Sale set 1:00 p.m.on Wednesday,September 10,2003,at Contra Costa County Public
Works Department, 255 Glacier Dr., 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$455,000.00 by Teslim Oladunjoye at which time the amount of$10,000.00 was deposited as an option-bid deposit
to secure completion of the transaction.
The Board APPROVES the Option Agreement with Teslim Oladunjoye,and the Chair,Board of Supervisors,is
AUTHORIZED to execute said Agreement. The Public Works Director is AUTHORIZED to execute any necessary
extensions provided for in said Agreement.
Said bid is hereby ACCEPTED and the Chair, Board of Supervisors, is AUTHORIZED to execute a Grant
Deed to Teslim Oladunjoye,and cause said deed to be delivered upon performance and compliance by the purchaser of
all terms and conditions set forth in the Agreement.
OR:eh
G:\GrpData\RealFrop\2003-piles\BOs&RRS\BR Station 2900 Lone Tree.doe I hereby certify that this is a true and correct
Orig.Dept.: Public works{RP} copy of an action taken and entered on the
Contact: 0.Reynolds,Tel.313-2306 minutes of the Board of Supervisors on the
cc: P/W Accounting date shown.
County Administrator
Assessor
Auditor-Controller ATTESTED: SEPTEMBER 23, 2003
Community Development Dept. JOHN SWEETEN,Clerk of the Board of
T.Torres,Environmental,Eng.Services Supervisors and County Administrator
Board Orders Senior Clerk,Adm.
By , Deputy
RESOLUTION NO. 20031 575
Recorded at the request of
Teslim Olandunjoye
Return to:
Teslim Olandujoye
4933 Cache-Peak Dr.
Antioch, CA 94531
Assessors Parcel No. 971-101-017
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, a County fire protection district,
organized pursuant to Health & Safety Codes § 13801, et seq.
Grants to Teslim Oladunjoye, the following described real property in the City of Antioch,
County of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF,
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
By s�
Dated SEPTEMBER 23, 2003 Chair, Board of Supervisors
:eh
G:\GrpData\RealProp\Olivia\Station 82 Disposal\DE3 Oladunjoye.doc
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: SEPTEMBER 23, 2003
JOHN SWEETEN, Clerk of the Board of Supervisors
and County Administrator
By Deputy
Contra Costa County Fire Protection District
Station 82 —2900 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 87° 54' 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 90° for an arc length of 31.42 feet; thence tangent to said curve
South 2° 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-870 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).
r,
Parcel Number: 071-101-017 Optionee: Teslim Oladunjoye
Project Name: Sale of CCCFPD Station 82, Antioch Address: 4933 Cache-Peak Dr.
Project Number: 7300-6X5199 Antioch, CA 94531
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. Teslim Oladunjoye ("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.
d. Purchase. The date that the Optionee acquires the entirety of the Property.
1
5. Consideration for Option.
a. Payment. As consideration for the Option granted under this Agreement, Optionee
agrees to pay 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 District's 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 Four Hundred Fifty Five Thousand Dollars ($455,000.00).
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 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
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 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
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.
% Informalities; Cancellation of Sate.
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: Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Telephone: (925)313-2306
Fax: (925) 313-2333
Optionee: Teslim Oladunjoye
4933 Cache-Peak Dr.
Antioch, CA 94531
925-362-7965
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.
16. 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 FIRE OPTIONEE
PROTECTIOIN DISTRICT
By U By
Chair, Board of Supervisors
ATTEST: John Sweeten,Authority B ,
Administrator and Clerk of the Board
of Supervisors
By
eputy
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:xGrpData\RealPropl2W3-FilesW3-81SA3a Sale station 62 Antioch.doc
6/16103
f3
Contra Costa County Fire Protection District
Station 82 --2900 Lone Tree Way, Antioch, CA
APN 071-101-017
EXHIBIT "A's
PARCEL 1
Beginning at the northwest corner 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 87° 5&1' 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 90° for an arc 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-870 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).
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41
ANTLC)CHTIRE STATION; NO.