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HomeMy WebLinkAboutMINUTES - 06081993 - 1.129 10 129 TO: BOARD OF SUPERVISORS, as the Board of Commissioners of Contra Costa County Redevelopment Agency FROM: PHIL BATCHELOR, EXECUTIVE DIRECTOR DATE: JUNE 8, 1993 SUBJECT: SALE OF REDEVELOPMENT AGENCY SURPLUS HOUSE FOR REMOVAL FROM 3123 WAYSIDE LANE, PLEASANT HILL Project No.: 7881-6X5536 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT bid from Fisher Bros. House Moving Company, Inc., in the amount of $1,000.00. AUTHORIZE the Executive Director of the Redevelopment Agency, or his designee, to sign, on behalf of the Agency, the Purchase Agreement with Fisher Bros. House Moving Company, Inc., and the Bill of Sale to be delivered to the buyer upon fulfillment of the purchase agreement. II. Financial Impact: Funds will accrue for use for low to moderate income housing in the Pleasant Hill B.A.R.T. area. There is no impact on the general fund. III. Reasons for Recommendations and Background: On May 18, 1993 at 2:00 p.m., representatives of Contra Costa County Redevelopment Agency sold at public auction for removal from the premises, the agency-owned house located at 3123 Wayside Lane, Pleasant Hill. The high bidder was Fisher Bros. House Moving, Company, Inc. The high bid was $1,000.00. The successful bidder immediately deposited with the Agency the full purchase price amount, $1,000.00. IV. Consequences of Negative Action: The Contra Costa County Redevelopment Agency will have to spend funds to have the home demolished. Continued on Attachment: SIGNATURE: _ RECOMMENDATION OF C0UNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTIONOFBOARDON June 8 , 1993 APPROVED ARECOMMENDED X OT ER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: KAM:& c:BOb8.T6 Orig. Div: Public Works (R/P) I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of do Contact: Karen A. McNamer (313-2228) Redevesopmen Agency on the date shown. cc: County Administrator ATTESTED: Redevelopment Agency Accounting PH rcH:i. R, gencysecretary Redevelopment Agency 13Y a Deputy BILL OF SALE In consideration of the payment of the sum of ONE THOUSAND DOLLARS ($1,000), receipt of which is hereby acknowledged, the Contra Costa County Redevelopment Agency does hereby sell to Fisher Bros. House Moving Company Inc., hereinafter referred to as the Purchaser, the following described improvement: A vacant three bedroom house located at 3123 Wayside Lane, Pleasant Hill, California Purchaser agrees to have the premises clear of all buildings, structures, and improvements on or before June 25, 1993. CONTRA COSTA COUNTY REDEVELOPMENT AGENCY Date June 8 , 1993 By Chairperson Board of Supervisors ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By 011A.1 fi o bqw ;j De ty Clerk Approved by County Counsel March 1990 KM:glo c:3123saleA5 • Purchase Agreement This agreement is by and between the Contra Costa County Redevelopment Agency, (HEREINAFTER"Agency")and the undersigned(hereinafter"Purchaser"). This Agreement is entered into by Purchaser on the 1Zday of^1 1993. 1. Purchaser agrees to purchase, subject to all of the terms and conditions of this Agreement the following described improvements (hereinafter "improvements'l: 2 Purchaser shall pay to Agency the sum of cam' DOLLARS ($ !, ) as full payment for the improvements described above (hereinafter "Purchase Price'). Payment shall be by cash, personal check, cashier's check or certified check. The Purchase Price is to be paid as follows: $1,000 of the Purchase Price shall be paid to Agency simultaneously with the execution of this Agreement by Purchaser; the remaining balance of the Purchase Price must be paid to Agency no later than ten (10) days after the date this Agreement is executed by Purchaser. 3. Purchaser shall provide Agency with a Faithful Performance Bond, or cash Deposit in lieu of Bond, in the amount of $5,000, in a form satisfactory to Agency in Agency's sole discretion, no later than ten days after the date this Agreement is executed by Purchaser. 4. Purchaser shall furnish Agency with a certificate of insurance, as described in the Terms and Conditions of Sale attached hereto and incorporated herein by reference, no later than ten days after the date this Agreement is executed by Purchaser. 5. Upon receipt of a satisfactory certificate of insurance, the required Faithful Performance Bond and the full Purchase Price from Purchaser, the Purchase Agreement will be submitted to the Agency's governing body for approval. If the Agency's governing body in its sole discretion approves the Purchase Agreement, Agency shall deliver a Bill of Sale to Purchaser. Receipt by Purchaser of the Bill of Sale will constitute authority to commence removal of the improvements. 6. Purchaser shall take delivery of the Improvements immediately upon receipt of the Bill of Sale and shall clear the premises of all buildings, down to the foundations, and other debris, as further described in the attached Terms and Conditions of Sale, no later than two weeks following receipt of Bill of Sale. All improvements must be removed or demolished, and the debris removed, by this date. 7. In the event Purchaser fails to pay the full Purchase Price in the manner provided herein, or fails to provide the Agency with the required Faithful Deposit Bond or the required certificate of insurance, a Bill of Sale will not be delivered to Purchaser, Purchaser will forfeit all rights hereunder, including any monies paid pursuant to this Agreement. Title to the Improvements shall remain with the Agency, and Agency may dispose of the Improvements as it sees fit, including but not limited to awarding the Purchase Agreement to the second highest bidder, without recourse by Purchaser. i If the Purchaser fLalcomplies with this Agreement pro&g the Agency with the full Purchase Price, the required Faithful Deposit Bond and the required certificate of insurance, but the Agency's governing board,for any reason, does not approve the Purchase Agreement,the Purchase Price will be refunded in full and Purchaser shall have no further recourse against Agency. If Purchaser fails to remove the Improvements on or before the date specified herein (including any extended date), and an extension of time is not approved by the Agency or Agency's authorized agent the County Real Property Agent, in writing, prior to the expiration of said date, or otherwise fails to comply with the terms and conditions of this Agreement,Agency shall have the option,at Agency's sole discretion, of taking either or both of the following actions: Agency may (a) declare that Purchaser's rights under this Agreement have been forfeited, in which case Purchaser shall forfeit all monies paid pursuant to this Agreement and title to the Improvements shall return to Agency who may dispose of the Improvements as it sees fit, including but not limited to awarding the Purchase Agreement to the second highest bidder,without recourse by Purchaser; or (b) Agency may impose a penalty of $25.00 per day for each day after the agreed date that the Improve- ments are not removed. 8. Purchaser shall save, defend, protect, indemnify and hold harmless Agency, its agents, goveming board and employees from and against any and all claims, costs,expenses or liabilities,including without limitation all consequential damages, arising from or connected with the acts, errors or omissions of Purchaser, its agents, officers or employees, under this Agreement. The obligations contained in this clause shall survive the termination of this Agreement. AGENCY PURCHASER KM:glo c0k(b).t4 APPROVED BY COUNTY COUNSEL 4/93 Terms and Conditions of Sale For Removal of Improvements at 3123 Wayside Lane, Walnut Creek. The successful bidder ("Purchaser") will be required to execute a Purchase Agreement ("Agreement") in the form attached hereto with Contra Costa County (herinafter called "Agency") and to comply with the terms and conditions of sale as hereinafter specified: 1. The removal or demolition, of the improvements, once begun, shall be prosecuted diligently and continuously each working day until completed. Work may be suspended only during inclement weather or when required under these terms and conditions. 2. Purchaser agree(s), at no cost to the Agency to obtain and maintain during the entire time Purchaser, his contractors, agents or assigns are working at the site, Comprehensive Liability Insurance, including coverage for owned and non-owned vehicles with a minimum combined single limit coverage of $500,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property and/or improvements, including the loss of use thereof, arising out of each accident or occurrence. Purchaser agrees to provide Agency with a certificate of said insurance naming Agency as named-insured, 10 days after the Agreement is executed by Purchaser, and agrees to furnish Agency with 30 days written notice of policy lapse or cancellation. 3. The property is to be entirely cleared of all combustible materials and other rubbish, including shrubbery and trees which have been cut or uprooted to facilitate moving operations. In the event there are basements under any buildings, upon completion of moving operations, or demolition the Purchaser shall construct a temporary barricade fence around said basements and/or excavate to the satisfaction of the Contra Costa County Public Works Department, Real Property Division ("Real Property Division") and in all other respects Purchaser shall leave the premises in a reasonably safe condition. Only concrete foundations, asphalt driveways, and concrete flat-work may be left on the premises at the conclusion of the demolition or moving operations provided, however,that all mud- sill steel tie bolts, nails, and reinforcing steel protruding from said remaining concrete foundations shall be removed, bent over, or sheared at all exposed surfaces. Dust must be controlled during the removal process in accordance with local ordinances. 4. No trees or shrubs with a trunk diameter of over 4" may be trimmed or cut without prior approval of the Real Property Division. 5. Purchaser shall secure all necessary permits and certificates required in connection with the removal of any building, shall cap all sewer laterals, and shall comply with all pertinent local. ordinances within ten (10) days of execution of the Agreement. The Agency makes no guarantee that any buildings sold will be movable, or that permits will be granted to place them in any.specific location. The Purchaser assumes all risk and responsibility in the wrecking or moving operation, including any damages or loss by vandalism after acceptance by the Agency of the $1,000 down payment required by the Agreement. ' 6. Unless the buildings are purchased for resale, retail sales tax must be added to the amount of the bid. If purchased for resale, the successful bidder(s) will be required to present satisfactory proof that he holds a Retailer's Permit from the State Board of Equalization and has purchased the buildings for resale for personal property. Retail sales tax will be computed at 8.25 percent of the bid amount. 7. Only contractors licensed by the State of California will be allowed to physically remove the improvements herein. 8. Purchaser shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Agreement, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 9. Neither the Agency nor its agents make any warranty, guaranty or representation with respect to the condition of the improvements nor does it assume any responsibility for the conformance to codes or permit regulations of the city and/or Agency in which the improvements are located. It is the PURCHASER'S RESPONSIBILITY to obtain expert advice on the condition of the improvements and to determine and comply with all building, planning and zoning regulations relative to the improvements and the uses to which it can be put. Purchaser relies solely on his own judgement, experience and investigation as to the present and future condition of the improvements and as to any repairs made to it. Purchaser hereby releases Agency, its agents and employees and any other person involved in any way with the inspection reports, repair of the improvements or sale of the improvements, from any claim resulting from any present or future condition of the improvements. By: Princip eal Prop Agent For additional information, contact: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Karen A. McNamer KAM:& c:3123J4 May 4, 1993 APPROVED BY COUNTY COUNSEL 4193