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HomeMy WebLinkAboutMINUTES - 03042003 - C11-C13 ............................................. ............................................................................................ ....... ....... TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa DATE: March 4, 2003 County SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to solicit, select, and negotiate long term lease(§) for facilities located at Byron Airport,Byron area. snow SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE and AUTHORIZE the Public Works Director,or designee,to solicit,select,and negotiate long term lease(s)for two separate facilities at the Byron Airport. The lease(s) for hangar space located at 6900 Falcon Way and 505 Eagle Court will include an option clause for the County to buy out the remainder of the term. This clause will ensure that any future development plans for the Byron Airport are not inhibited. H. Financial Impact: A long-term lease(s)will result in increased revenue to the Airport Enterprise Fund. A new lease(s)will also have the potential to generate additional sales tax for the County's General Fund. Continued on Attachment: X SIGNATURE: ,.,'RECOMMENDATION OF COUNTY ADMINISTRATOR -:RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S). ACTION OF 110�r MARCH 04, 2003 APPROVED AS RECOMMENDED OTHER V(VE OF SUPERVISORS X UNANIMOUS I hereby certify that this is a true and correct copy of an action (ABSENT none ) taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. ABSENT: ABSTAIN: DISTRICT III SEAT VACANT ATTESTED: MARCH 04, 2003 Orig.Div: Public Works(Airport) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: (Keith Freitas,646-5722) Administrator cc: County Administrator Public Works Director Director of Airports 7 Aviation Advisory Committee Federal Aviation Administration By— Deputy SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to solicit,select, and negotiate long term lease(s) for facilities located at Byron Airport. DATE: March 4,2003 PAGE: 2 III. Reasons for Recommendations and Bach round: Byron Airport currently offers minimal aircraft services to the aviation clientele. The properties known as 6900 Falcon Way and 505 Eagle Court are currently rented on a month-to-month basis. In order to attract a valuable and viable business(es)to Byron Airport,the airport must offer a long-term lease agreement. A month-to-month rental agreement does not allow a business(es) to seek financing for improvements and expansion. It is necessary for a business to enter into a long-term lease agreement to qualify for a business loan. The property at 505 Eagle Court offers direct airfield access. The location is ideal for an aviation facility (i.e.aircraft inspection,aircraft maintenance,etc.) Currently,there is not any business at the Byron Airport that provides aircraft services. Bay Area Skydiving is currently using this site to store their skydiving aircraft. The property located at 6900 Falcon Way doesn't have direct airfield access for aircraft. Thereis a pedestrian access route from the parcel to the airfield. This location would be an ideal office location, training or recreational facility. Bay Area Skydiving is currently using this site as their office, parachute rigging area and training facility. IV. Conseauences of Nggative Action. The County will not negotiate the terms of a long-term lease for the ground and improvements at the Byron Airport. The facilities will generate lower rental and sales tax revenue to the Airport Enterprise Fund and County General Fund. PROOF OF PUBLICATION f (21715.5 C.C.P.) man=MR►u rs AI a wTCh to tvw th STATE OF CALIFORNIA by costs county, yt County of Contra Costa TThof avallab)ear€Is e. yr f tt 1 am a citizen of the United States and a resident of the Tbuu n�h (et ttaurt st ct ' t square feet and doss rrot County aforesaid; I am over the age of eighteen years, Include waterorse ct to so The orti alta and not a party to or interested in the above-entitled av at etntare c matter. sEla a atcity.Tid td- t:Hwx dlraet as fiat aseess and is ai se 1 am the Principal Legal Clerk of the Contra Costa Times, %mmercialavla, on 3 a newspaper of general circulation, printed and published th at 2640 Shadelands Drive in the City of Walnut Creek, The second facliity Is€o- th County of Contra Costa, 8459$. dk notJ 'dtrec� d, access. here is a th And which newspaper has been adjudged a newspaper of -1 bel araute to general circulation by the Superior Court of the County of atrfiaid.t��t�s to Contra Costa, State of California, under the date of does r"t vew or Tr October 22, 1934. Case Number 19764. currently the ty sa The notice, of which the annexed is a printed copy (set in Ch€aiac at[o i would ' e type not smaller than nonpareil), has been published in fI 'I WinaorreMation p p fife,'I Wing or retrea- � tlanal III Y. each regular and entire issue of said newspaper and not t� wr in any supplement thereof on the following dates,to-wit: FurttInformation may h pst36tal byt:3rrtact- art March 7, 8, 9 Coos ablic a' Works 0 ertment-Air- ad �yp�tNvistq 55C soliy of all in the year of 2003 iRdeOrive.Conettrd,C/ es 94n2o orb teldtshone at an C92S)sax 3.uve tars of es merest w E! cepted th I certify (or declare) under penalty of perjury that the foregoing is true and correct, t hereby fY that this isatrwaart correct COPY an of an action taken and th Executed at Walnut Greek,Callforni . enteredtrnt�mina s On this 9 day.of MarcT 2 13 of the EBosud otsu=I- sora on the date s own. WI .y'f'rArMTED,MARCH fft lm F2003 . ...�;..... x°... 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IRTf X53#ffs fQEAftf t3. qui# ' W t34Csk£ ? 3LHtt StE£f£62 Cfwrk c+f AaYaa bar i{i� 3u#teruis +aC*£a#zt .. aisct pty', 841frft-4 f333tr#3YO3' a33t£; Aiinty 3 f 5t3 :tirtpufy lk3rit3f#rp#pr : a` l f.:zo s 'Sf3A3i3e tuty ££ 3r375f�#ty 9 f ii f f 3 7DS6 L irf iw. 7e33H 23383 W i �R E kM#HG... 339h$3?ftCh i i THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF THE WL CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT' Adopted this Resolution on March 4, 2003,by the fallowing vote: AYES: SUPERVISORS GIDIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE Resolution No.2003/ 154 ABSENT: NONE CCCFC&WCD Act(Section 31) D STRICI III SEAT VA AYi (Gov. Code § 25363) S BJECT: ADOPT Resolution No. 2003/ 154 approving the sale of the District's surplus real property identified as a 0.23 portion of Assessor's parcel No. 007-100-010 located near Spyglass Drive on Monterey Court, Brentwood CP#02-14 Project No. 7505-6F8325 Brentwood area The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Flood Control and Water Conservation District,RESOLVES THAT: The Board hereby FINDS 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 $25.00 handling fee to the County Clerk for filing and.a$25.00 fee 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 Brentwood. The Board by Resolution No.28 dated January 14,2003,determined that the District 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 11:00 a.m. on February 11,2003,at 255 Glacier Drive,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$100,000 by California Sun-Brentwood,LLC,at which time the amount of$10,000 was deposited as an option-bid deposit to secure completion of the transaction. DLB.--h I hereby certify that this is a true and correct G:\G,MDatalRealProp\2003-Files\BOs&RES\BR7 Spyglass Dr.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the Orig.Dept.: Public Works(R/P) date shown. Contact:Debra L.Balser(313-2224) MARCH 04 2003cc: County Administrator ATTESTED: Auditor-Controller John Sweeten,Clerk of the'Board of Assessor Supervisors and County dministrator CDD—K.Piona Public Works Accounting By�__.. Deputy T.Torres,Engineering Services Board Orders Senior Clerk,Adm. RESOLUTION NO. 20031 154 Recorded at the request of California Sun-Brentwood, LLC Return to. California Sin-Brentwood, LLC Assessor's Parcel No. 007-100-010 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,a political subdivision, Grants to CALIFORNIA SUN-BRENTWOOD, LLC, a Delaware Limited Liability Company, the following described real property in the City of Brentwood, County of Contra Costa, State of California, FOR DESCRI'P'TIONSEE EXHIBIT"A"ATTACHED HERETO AND MADE A FART HEREOF, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Wwa' Q� By Dated MARCH 04, 2003 Chair,-Bo---ard of upervisors DLB:eh G.lGrpDataiRealPmp12003 FRes103-2XDE3 Cal Sun-Brentwood.doc 2/18/03 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On March 4, 2QO3_before me, , Clerk of the Board of Supervisors, Contra Costa tounty, personally appeared,who is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(les), and that by his/hed/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. By: ` Deputy Clerk/ Subject: ADOPT Resolution No. 2043/ 154pproving the sale of the District's surplus real property Date: March 4, 2002 Page: 2 The Board APPROVES the Option Agreement with California Sun-Brentwood,LLC,and the Board Chair is AUTHORIZER to execute said Agreement. The ChiefBngineer,or designee,is AUTHORIZED to execute any necessary extensions provided for in said Agreement. Said bid is hereby ACCEPTED and the Board Chair is AUTHORIZED to execute a grant deed to California Sun-Brentwood, LLC, and cause said deed to be delivered upon performance and compliance by the purchaser of all terms and conditions set forth in the Agreement. RESOLUTION NO. 2003/ 154 Dry Creek Dam C.C.C.F.C.&W.C.D.Flag Lot Excess Land EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situated in the City of Brentwood,Contra Costa County, California,being a portion of the Contra Costa County Flood Control and Water Conservation District parcel described in the deed recorded on August 28, 1964, in Book 4692,Page 455, Official Records of said County,said property more particularly described as follows: BEGINNING at the southeastern terminus of the northeastern line of lot 33, as said lot is shown on the Final Map entitled"Subdivision 8310,Deer Ridge Village;Lots",filed in Book 427 of Maps,Page 29, Contra Costa County Records, said terminus also being a point on the generally northwestern line of said District parcel; thence along said generally northwestern line,generally eastern line and generally southeastern line of said District parcel the following five courses: 1)North 45'50'19"East 94.19feet, 2)North 43°58'41"West 94.16 feet; 3)North 45'50'19"East 80.00 feet, 4) South 43°58'41"East 109.16 feet; and 5)South 45'50'19"West 174.28 feet; thence North 43038126"West 15.00 feet to the POINT OF BEGINNING. Containing 0.233 acres(10,146 square feet),more or less. See EXHIBIT B "Plat to Accompany Legal Description"attached hereto and made a part hereof. End of Description LANDS * Exp.i —0i 6 wiz c�v�°�� tto1SRVUi\DATA\Projects\502kDocuments\LLA&Legal Desc&Closures\CCCFCD—FLAGl.doc LOQ' 23 427 M 29 LOT 21 427 M 29 4,17 LOT 34 L1>' 427 M 29 timLs G CLt LINE BEARING CIISTANCE L �� � Ll N35'24 45 E 56. 00 12 N10 31, 34 E 10. 42 7 M 2W 13 N82'24 34 W 19.37 L4 N Q L5 N80'31 W W 60. 1 L6 1+176` 16 375 75.59 L7 93-'02 59 W 76. 01 •�"„' ` $ L8 N45'32 113 W 86. 19" L9 N43'38 26 W 122. 75 L IO N43' 38 26 W 53.96 COMA CWA CWNTY L 11 N43'38 265 15. coo FLOW CMM AM L12 N43'38' 26 'W 53. 79 L13 N71'28 41 E 73. 56 WATER C MRVATM L14 N85'25 l2w E 70. 08 " luleaISI"FT L,15 N79' 53 50 E 57. 03 2 OR 455 L.16 N71' 04 17 E 56. 32 L17 N63' 12 WE 51. 73 1 L18 N52' 45 10'W 15. 17 1a� CURVE RADIUS LENGTH DELTA X4`46 02 C2 470.00 236. 02 28'46 22 150 75 0 150 300 450 C3 20.00 28. 85 82`38 45 C4 20': 00 28.. 85 82r 38 45 C5 355.00 108. 63 17'3 f 56 SCALE IN FEET JC6 20. 00 31. 42 0'00 00 PLAT TO ACCOMPANY LEGAL' oEsc tIPT1ONESIGNED: STAFF WORLDWIDE INC. DRAWN: '"' CIVIL ENGINEERING•LAAO SURVEMG CHECKED. AL PLANNING SC&E. 1"=150' H� 111 CENTER AVE. • SUITE F'+PACHECO•CA•94553 SHE OCT 2002 NAILING ADDRESS•P.O} BOX 6327• CONCORD•CA• 94524 EI NOF 1 � BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA (925)686-9890•FAX (925)686-9893 JOB NO. 200{104' nf.AY swain. w.i www rsi.wrl Ywnt nnnrwA n tna w I.YP.. aA ww wnnA ----------------------------------------------------------------------- Lot name: EXCESS LAND North: 2157103.5613 East: 6205228.2238 Line Course: N 43-58-41 W Length: 109.16 North: 2157182.1135 East: 6205152.4250 Line Course: S 45-50-19 W Length: 80.00 North: 2157126.3790 East: 6205095.0346 Line Course: S 43-58-41 E Length: 94.16 North: 2157058.6209 East: 6205360.4177 Line Course: S 45-50-19 W Length: 94.19 North: 2156993.0004 East: 6205092.8476 Line Course: S 43-38-26 E Length: 15.00 North: 2156982.1452 East: 6205103.1996 Line Course: N 45-50-19 E Length: 174.28 North: 2157103.5629 East: 6205228.2246 Perimeter: 566.80 Area: 10, 146.46 sq.ft. 0.2329 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0017 Course: N 27-34-02 E Error North: 0.00154 East: 0.00080 Precision 1: 327,280.67 lANO EXp�IM-03 Na.is o 16 �----w E10ISRVOI\DATA\Projectsl5O2\Documents\LLA&Legal Desc'& ClosurestCCCFCD FLAGICL0.doc Parcel Number: Portion of 407-110-010 Optionee: Project Name: Sade of Flag Lot Address: Project Number: 7505-6P8325 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOR CONTROL &WATER CONSERVATION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1. Recitals. a. CONTRA COSTA COUNTY FLOOD CONTROL & WATERCONSERVATION 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 a 0.233 portion of APN 007-110-010, hereinafter referred to as the"Property." b. District proposes to sell the Property. C. JLA&PI i C4 LL,('- the exclusive right to purchase the Pro ("Optionee') desires to acquire g p p rty 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, as governing body of the District. 3. Grant of Caption. District grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this Option Agreement. 4. Tenn 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 shah be paid before the date this Agreement is approved by the Board of Supervisors. 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. 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. 5. 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 to be selected by District("Title Company"). 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 Caption Term is the sum of 011P t---- Dollars ($100y- ,0(). 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, !teal Property Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County Flood Control &Water Conservation District. C. Titin, Grant teed. 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 Centra Costa District Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa County Flood Control & Water Conservation District has been recorded. If the Optionee exercises its Option,;upon approval by the Boardof Supervisors, 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. 10. Informalities; 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 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 deliveredone (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: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Telephone:4 Pax: (925) 3132333 Optionee: t(orri' U n- Lela (Name PA1, Stir r- b (Address) a (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 stile 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 OL M 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 ofliicers,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 rood 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 stile 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 Gate 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 FLOOD CONTROL &WATER CONSERVATION DISTRICT OPTIONEE C By By .._.�._... Chair,Board of Supervisors ATTEST: Jahn Sweeten,Authority Bya ,+` Jlri' 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 DDB:eh G:\GrpData\RealProp12002-Fifes\132-12\SA3a Sales lag t_ot.doc 12130102 6 Parcei Number: Portion of 007-110-010 Optionee Project Name: Sale of Flag Lot Address: Project Number: 7505-BF8325 OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT AND THE OPTIONEE NAMED HEREIN (Not to be Recorded) 1, Recitals. a. CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, a political subdivision of the State of California, hereinafter referred to as the "District", is the owner of the certain real property describer) in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof, and further identified as a 0.233 portion of APN 007-110-010, hereinafter referred to as the"Property." b. District proposes to sell the Property. C• lmmI A- suA-i �140 tr`p �L.�.� ("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,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 Caption 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 shalt 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 Beard of Supervisors. 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. 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 to be selected by District ("Title Compan)(). 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(-1tfhgnc4rtcd +kat,,s ztk,,c Dollars($100,OM•d o ). 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 FloodControl&Water Conservation District. C. Title, Grant Geed. The right, title and interest in the Property to be conveyed by District pursuant to this Agreement shall not exceed that vested in the D€strict. 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 Contra Costa District Board of Supervisors. The Optionee may not take possession of the Property until a deed from the Contra Costa County Flood Control & Water Conservation District has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors, 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 Z_Xt;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 Caption and prior to the Closing Date,Optionee, its agents,contractors and employees, shallhave 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 Optiones will be solely responsible for all costs incurred in connection with these activities or Optionee's Investigation of the Property. 10. informalities;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 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 i -2 (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 ander this Agreement shall be as follows: District: Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Telephone:4 Fax: (925) 313-2333 Optionee: Ttogo ('game oG QTR. " (Address) Ary4AgdtA , &A.. 41yra7 i'(-/"?-I-G.1b0 (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 Caption 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'preparedit. 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 Centra 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 this Property or use of the Property which is the subject of this Agreement, or any representations, misrepresentations or noxi-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. 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. 'Gime of Essence. Time is of the essence for the Caption 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 _. ... ......... ......... ......... ......... ....._... ....... .. .1111 .. __ ........ .......... .............. ......... ........._. ...._........ ......... ......... ......... ......... ......... ......... 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 respectingthis matter. CONTRA COSTA COUNTY FLOOD CONTROL &WATER CONSERVATION DISTRICT OPTIONEE By C By Chair, Board'of Supervisors ATTEST: John Sweeten,Authority By re,:; i,�ifrmtw1 Sid' / 7�data Administrator and Clerk of the Board of Supervisors Deput 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 SLB:eh G:'GrpbatMRealProp12002-Files102-12kSA3a Sale Flag LoLdoc 12/30102 6 Ic Y rn jt� a ♦ ,� �t �„► y�.,;�,�� � '` r � X4`7 sit ,.�`• � t IAJ x t� ' ...._........................... ...... .1.......... ........ t 11 Ew ................................................11 .Jf._ i_ .... 3 tr 1` t r p s k M y / ! AD ^� 4 4 1 J t w 0 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR DATE: March 4, 2403 SUBJECT: Approve a Contract Amendment with Blankinship and Associates, Inc. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee,to execute a contract amendment with Blankinship and Associates, Inc. effective March 4,2003 to increase the payment limit by $63,000 to a new payment limit of $120,000 for the Aquatic Pesticides National Pollutant Discharge Elimination System(NPDES)Monitoring Project Countywide. (County Clean Water Program funds). Continued on Attachment: X SIGNATURE MMOMMENDATION RECOMMENDATION OF BOARD COMMITTEE PiOVE THER k SIGNATURE(S): , ACTION OF BO ON LARCH 04, 2003 APPROVED AS RECOMMENDED XX OTHER VOTE UN NIMOU SUPERVISORS I hereby certify that this is a true and correct BS UNANIMOUS) co of an action taken and entered on the minutes {RBSENT 0�._��_.} Py AYES: NOES: } of the Board of Supervisors on the date shown. ABSENT: ABSTAIN: DISTRICT III SEAT VACANT ATTESTED: MARCH 04, 2003 Ns:cjd c:1CnpData\FidctuAatnk„st,ation�ataard�\2003Bo�fak�hipao.doc JOHN SWEETEN,Clerk of the Board OriCont ct: NanPubcy Steins 13-2lood 85) of Supervisors and Coup Administrator Contact NancySuin(3i3-2285} � � cc: CAO County Cuunsai B PW Accounting y ,Deputy SUBJECT. Approve a Contract Amen dment/Extension Agreement with Blankinship and Associates,Inc. DATE: March 4, 2003 MAGE: 2 II. Financiallyact. Funding source is County stormwater fees. III. Reasons for Recommendations and Background. Contra Costa County entered into an agreement with Blankinship and Associates,Inc.,on May 20,2002,to prepare an East Bay Regional Pesticide Monitoring Program(RPMP)for the Statewide NPDES Permit for discharges of aquatic pesticides. The Scope of Services is being amended to include additional tasks of grant writing,monthly reporting,laboratory coordination,field sampling,reconnaissance for the RPMP and preparation of an annual report to the State Water Resources Control.Board, the San Francisco Regional Water Quality Control Board and the Central Valley Regional Water Quality Control Board. IV. Consequences of Negative Action: If the contract amendment is not approved with Blankinship and Associates, Inc., or if another similar contract is not approved, the County will not be in compliance with the Statewide General National Pollutant Discharge Elimination System (NPDES)permit.