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HomeMy WebLinkAboutMINUTES - 06101997 - C69 Contra TO: REDEVELOPMENT AGENCY _ Costa FROM: Phil Batchelor r County c uhf J Executive Director DATE: June 10, 1997 SUBJECT: Rodeo Senior Housing Site SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Deputy Director - Redevelopment to execute an Option and Purchase Agreement with David Claeys and Ruth T. Claeys, Trustee of the Ruth T. Claeys Living Trust, relative to acquisition of a senior housing site in Rodeo, as recommended by the Rodeo Redevelopment Advisory Committee. FISCAL IMPACT No General Funds involved. The $735,500 acquisition price would be paid from available Rodeo Redevelopment Area tax increments. BACKGROUND/REASONS FOR RECOMMENDATIONS The Rodeo Citizens for Affordable Senior Housing (R-CASH) and the Rodeo Redevelopment Advisory Committee (RAC) have engaged in a lengthy site search for senior housing in Rodeo. In 1995 the RAC designated Ecumenical Association for Housing (EAH), a not-for- profit housing developer with over 25 years of experience, as the project D el per. The l CONTINUED ON ATTACHMENT: ` XX YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR R OMMEN6 TION OF A NCY COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF AGENCY ON `0 W APPROVED AS RECOMMENDED V OTHER VOTE OF COMMISSIONERS /UNANIMOUS I HEREBY CERTIFY THAT THIS IS A (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Jim Kennedy JUN 1 0 1997 335-1255 ATTESTED orig: Redevelopment Agency PHIL BATCHELOR cc: County Administrator AGENCY SECRETARY County Counsel Public Works - Real Property Auditor-Controller B , DEPUTY via Redevelopment Rodeo RAC EAH Claeys, et al sra26/rodsrhsg.bos Redevelopment Agency authorized entering into a Pre-Development Loan Agreement with EAH in January, 1996. The Pre-Development Loan Agreement allowed EAH to assist the Rodeo community in assessing and evaluating sites in the area, and to conduct additional due diligence and securement of necessary approvals for the selected site. The site of choice is a 2.11 acre site along Willow Avenue at San Pablo Avenue/Parker Avenue (see Appendix A). An appraisal by the property was completed and negotiations with the property owner successfully concluded at the offer price of $735,500 (see Appendix B). An Option and Purchase Agreement which contains the business terms outlined in Appendix B will allow the Agency, the RAC, and R-CASH, as well as the property owner, to pursue the necessary removal of contingencies, including a General Plan Amendment (request already on file with the Director of Community Development). ppe SUBJE CT PROPERTY SITE DATA P o Z LOT DIMENSION/SIZE: See plat map - 2.11 Acres.or 91,912 SF TOPOGRAPHY: Mostly all level at street grade with moderate banking along the extreme northerly boundary with San Pablo Ave. and slightly banked areas near the South boundary point. SHAPE: Irregular triangle with a base side frontage of 772.75' to the curved radius with San Pablo Ave. VIEW OR SITE AMENITIES: High visibility parcel along a busy thoroughfare. DRAINAGE: Appears adequate to existing roadway facilities. Has a shallow ditch along the Willow Rd. frontage. UTILITIES: All available. OFF-SITE IMPROVEMENTS: No sidewalks, curbs or gutters. ZONING/HIGHEST & BEST USE: A-2, General Agriculture General Plan - Highway Commercial See full H & B Use Analysis to follow. COMMENTS: Rear (West) property boundary is the border with the City of Hercules, and there is an approximate 60' powerline corridor running the length of this border. Contra Costa County has a 25' slope easement along the San Pablo Avenue frontage. lid SRO ST Nfl p S = �� :' st � 1 � _ _ � s• i 563 Wi ; St < M , � t , fG G Co. t z 5°N 562 Pg¢S��OQ4 f`�L 5 9 'upEt cc SS 6 Y Cl t �y! S V, G/ gt t N e^ S F�sp sty 54. 56t ti I 4k O G ` 1 ent St 171 w 3 a Ir it J� o+ (J .,� ••:t �"� }, natty } Q. L ,ANN 2 p �\ ` _� - - ,4�•. 1490 S� 7 Redevelopment Agency Contra ileik it ?.�l Commissioner's Costa ' Jim Rogers County AdminlstraGon Building P S 1stst District 651 Pine Street,4th Floor,North Wing w County �� Gayle©_Uiiken Martinez.Califclrrlla 94553.1296 2nd District: Phil Batchelor Co nr�.� /�lJ Donna Gerber Executive Director �E.•- t':' 3rd District Harvey E.Bragdon :'- �' `_`. Mark Desaulnw Assistant Executive Director / �. = 4th District James Kennedy S Joe Cendamllla Deputy Diredor-Redevelopment ° . - :x 5th District (510)646-4078 '•, 4 r'o.•. -'�.•VrJ .r,q.cbuc+`ty April 25, 1997 David Claeys 9200 Winery Terrace Kenwood CA 95452 Dear Mr-s: Q G RE: APN 357-120-006 This Constitutes the response of the Contra Costa County Redevelopment Agency to your 1/27/97 offer to sell the above referenced property. The Redevelopment Agency would like to purchase the above referenced property subject to the contingencies listed in Attachment B. The Redevelopment Agency's offer to purchase is as follows: 1. 2.11 acres (91,912 sq. ft.)@$$.00/sq, ft.=$735,500.00. 2. The Redevelopment Agency may purchase the property with either: A. One cash payment;or B. A down payment of at least 40%of the purchase price,with the balance payable in up to three equal..-installments due on the anniversary date of purchase. Should the Agency utilize this option,its terms would be specified prior to close of escrow. 3. Interest on the unpaid balance would be fixed at the Agency's current one year investment rate of 5.95%(one year Treasury Notes). 4. A non-refundable deposit of 2%of the purchase price($14,710)would be made. 5. Escrow to close within 30 days of contingencies being satisfied. This offer is based on an appraisal prepared for and reviewed by the Redevelopment Agency. As required by Section 267.2(a)of the Government Code,a written summary of the appraisal is included as Attachment A. I look forward to your response. We are prepared to move forward quickly to gain the necessary approvals as soon as agreement on terms is reached. Please call me at 510-335-1255 to scuss. Sin rely, J' ennedy ty Director- edevelopmen JK:lh-sra26/clacys.I tr Ends. ec: File 4 P 2 0 � ATTACHMENT A APPRAISAL SUMMARY STATEMENT Date: February 3, 1997 Public Agency: Contra Costa County Redevelopment Agency Project: Rodeo Senior Housing Owner: Claeys et al Parcel: 357-120-006 Each property owner from whom a public agency purchases real property or an interest therein, or each tenant owning improvements on said property, is provided with a statement summarizing the transaction. In this connection,the following summary is provided to you: Your property, or a portion thereof, is required for the development of a future senior housing project. Attached hereto is a map identifying the real property to be acquired with the interest to be acquired indicated thereon. This summary of the basis of the amount offered as just compensation has been derived from an appraisal made by a qualified appraiser; said appraisal was prepared for and reviewed by the public agency. It is understood that all buildings, structures, and other improvements affixed to the real property being acquired and owned by the grantor(s) herein are being conveyed unless other disposition of these improvements has been made. This offer includes payment for the following: Fee Title to: 2.1 acres (91,912 sq. ft.) of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 735,500 Improvements and Landscaping to be acquired as follows: None Severance Damages: None (full take) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ -0- Special Benefits : None (full take) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ -0- The total amount being offered is $735,500 Page 1 of 2 Ate ew This amount: 1. Is the full amount believed by the Public Agency to be just compensation for the property and is not less than the fair market value of the property as determined on the basis of the appraisal(s); 2. Disregards any increase or decrease in the fair market value of the property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner; and 3. Does not reflect any relocation payments or other relocation assistance which you may be entitled to receive Definition of Market Value Market value is that price a property will command if exposed for sale in the open market, by an informed seller to an informed buyer, neither party being under undue pressure to buy or sell. The principal appraisal technique used in appraising your property was the market approach which consists of comparing recent similar sales to the subject. It is understood that you are entitled to receive full payment prior to vacating the real property being purchased, or you are entitled to have the public agency deposit with the proper Court an amount of money sufficient to secure said real property upon issuance of an order of immediate possession. It is understood that the public agency has made you an offer to purchase any remnant considered by the agency to be an uneconomic unit which is owned by you and which is contiguous to the land being conveyed. The public agency shall pay all escrow and recording fees incidental to this transaction. It is understood that you are entitled to provide any information as to the value of the property to be acquired should you differ with the established fair market value. If you ultimately elect to reject the Agency's offer for your property, you are entitled to have the amount of compensation determined by a Court of law in accordance with the laws of the State of California. Copy left with on by Page 2 of 2 Py .1 ATTACHMENT B CONTINGENCIES 1. Nine months to: A. Undertake due diligence and feasibility studies; and B. Secure from the County of Contra Costa a General Plan Amendment of the property to mixed use permitting: i. At least a 40-unit senior housing development with a density of no less than 40 units/acre; and ii. Commercial use of the site. A rezoning of the site to a compatible designation is expected to accompany the General Plan Amendment. 2. Seller to permit subdivision of the parcel. 3. Seller to subordinate, if applicable, to construction and permanent financing for senior housing or agree to release security interest with respect to the senior housing portion of the property upon payment of 60%of total purchase price. 4. Title to be free and clear of all liens and encumbrances, easements, restrictions and rights other than current property taxes. Buyer may terminate the agreement if Seller is unable or unwilling to eliminate any title matter reasonably disapproved by Buyer as adversely affecting the Buyer's ability to develop the property for residential or commercial uses. 5. Seller to disclose if property is located within flood hazard area and Buyer shall have 30 days to terminate agreement if property is within such area and condition is unsatisfactory to Buyer. 6. Buyer shall be permitted to conduct physical and geological inspection and to terminate agreement if any unsatisfactory conditions exist that will adversely affect the proposed development of the property. 7. Buyer shall be permitted to determine the availability of utilities and cost of utilities and services (including sewerage, sanitation, water, electricity, gas, telephone, cable TV and drainage)and shall be permitted to terminate the agreement if the inquiry discloses conditions or information that is unsatisfactory to Buyer. Page 1 of 2 8. The obligation to close escrow is contingent upon Buyer, at Buyer's expense, obtaining and approving a soils report, Phase I Environmental Assessment Report, Topographical Survey, preliminary design for a 40 or more unit senior housing project, and any and all other inspection reports necessary in obtaining final approval for the intended use of the property. 9. Seller shall grant a right of entry to Buyer, Buyer's agents, employees and contractors at any reasonable time for the purpose of inspecting the property and making such surveys, engineering studies, soils test and other tests of the property as the Buyer determines necessary or desirable to conduct the feasibility study and/or prepare the property for development. 10. Upon request, Seller agrees to execute any and all instruments and documents or to join in any application which may be required for development of the property in a manner satisfactory to the buyer provided that there are no expenses incurred by the Seller. 11. Seller agrees not to enter into any lease agreement or to grant any easements for any portion of the property prior to the close of escrow without the Buyer's express written consent. 12. Seller to provide Buyer with any surveys, plans, or engineering documents prepared with respect to the property. Page 2 of-2