HomeMy WebLinkAboutMINUTES - 04082003 - C63 TO: REDEVELOPMENT AGENCY �"'+ y ` ''. Centra
Costa
FROM: JOHN SWEETEN, EXECUTIVE DIRECTOR County
DATE. APRIL 8, 2003
SUBJECT: Approve Purchase and Sale Agreement, ACCEPT the Grant Deeds from Pacific
Community Services, and Authorize payment to Pacific Community Services in the
amount of $52,884.29 for property rights in connection with the Redevelopment Activities
in the Bay Point Redevelopment Area, Bay Point Area.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Rianomm _ndpd Ar-flan:
A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed from Pacific
Community Services for the purchase of parcel##096-041-001 and 096-041-013.
B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on
behalf of the Redevelopment Agency
C. APPROVE payment of $52,884.29 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to First American Title Company, 1850 Mt.
Diablo Blvd., Suite 300, Walnut Creek, CA 94596, Escrow No. 780678 to be forwarded to the
Real Property division for delivery.
C NT EDON-ATTACHMENT: YES
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMVEN1 iATION OF ARD COMMITTE
APPROVE OTHER f
I NAT RE
ACTION OF AGENCY APRIL 08, 2003 APPROVED RECOMMENDED xx OTHER
VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A TRUE AND
XX UNANIMOUS{ABSENT Nene ) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ASSENT: —ABSTAIN:— SUPERVISORS ON THE DATE SHOWN
DISTRICT III SEAT VACANT
Contact: Maureen Toms,Community Development-335-1250 ATTESTED
Karen Laws,Public Works Dept.313.2222 APRIL 08, 2003
JOHN SWEETEN,AGENCY SECRETARY
Orig. Div: Redevelopment
cc: Public Works Department(RIP)
County Administrator BY a'����. ,DEPUTY
Auditor-Controller(via RIP)
P.W.Accounting
Real Property
G:\Rea1Prop\FormsWB-M.doc
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the
Office of the County Recorder.
E. DETERMINE that the activity, acquiring real property, is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3)of the CEQA guidelines; and
Direct the Redevelopment Agency to arrange for payment of the $25.00 handling fee to the
County Clerk for filing of the Notice of Exemption
II. Fioan6al Impair,#:
The activity is funded by Contra Costa County redevelopment Agency (100%). No General Fund
money was used on this project.
III. Rpas,onS fat Rammmandation and RankUMitnds
The Bay Point Redevelopment program has focused attention on the North Broadway neighborhood.
Comprehensive infrastructure improvement, code enforcement, and infill housing are being
coordinated to maximize Impact. The subject property, located within the North Broadway
neighborhood, has been offered for sale by Pacific Community Services, a non-profit agency. The
property has potential for development of Infill housing within the North Broadway neighborhood.
The County Zoning Administrator found that acquisition of the subject property Is in conformance with
the County General Plan.
IV. Consagi afs of Ne:a iv a Ar inn
The property wouldnotbe available for Agency sponsored development.
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Resolution No. 08—2003
RESOLUTION OF THE ZONING ADMINISTRATOR OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, REGARDING A DETERMINATION
OF GENERAL PLAN CONFORMANCE FOR THE ACQUISITION OF REAL
PROPERTY LOCATED ON NORTH BROADWAY AVENUE (APN 096-041-001
AND 096-041-013), IN THE BAY POINT AREA.
WHEREAS, Pacific Community Services, a non-profit agency, acquired the subject
parcels, located within the Bay Point Redevelopment Project Area, in 1999 for the
affordable housing purposes,
WHEREAS, Pacific Community Services' plans for development of the site were not
finalized, and subsequently offered the properties for sale to the Contra Costa County
Redevelopment Agency,
WHEREAS, Contra Costa County Redevelopment Agency works with non-profit
developers to develop affordable housing and includes funding for the purpose of
acquisition of scattered sites for the same purpose,
WHEREAS, Section 65402 of the California Government Code requires a finding
regarding the General Plan conformance of any public project that involves the
acquisition or disposal of real property, or the authorization or construction of a building
or structure.
WHEREAS, the County General Plan identifies the subject site as Single-Family
Residential — High Density, is zoned Planned-Unit (P-1 District) and is located on the
outside of the Urban Limit Line.
NOW, THEREFORE, BE IT RESOLVER, that on March 1$, 2003, the County Zoning
Administrator finds that acquisition of the subject property is in conformance with the
County General Plan.
ATTEST:
d
Dennis Barry—Zoning Administrator,
Contra Costa County,
State of California.
Parcel Number: 096-041-001, 013 Grantor: Pacific Community Services
Project Name: North Broadway Address: 329 Railroad Ave.
Pittsburg, CA 94565
PURCHASE AND SALE AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County Redevelopment Agency (hereinafter
"Agency„)and Pacific Community Services, a California Non-profit Corporation (hereinafter"Grantor").
RECITALS
Grantor is the owner of approximately 29,600 sq. ft. of real property located in Contra Costa County, California
and described on Exhibit "A" attached hereto and incorporated herein by reference. The real property, including
improvements thereon, if any, are collectively referred to herein as the"Property"
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Effective Date. It is understood that this Agreement is subject to approval by the Agency's Governing
Board. This Agreement is effective on the date approved by the Agency's Governing Board (Effective
Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the Agency.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and
Agency agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be FIFTY TWO THOUSAND EIGHT
HUNDRED EIGHTY FOUR AND 29/100 Dollars ($52,864.29) ("Purchase Price").
3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any
bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantor
as of the date title shall vest in Agency by the recordation of the deed herein pursuant to Sections
4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
4.2. Grantor's performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the Agency by grant deed in fee simple absolute, free and
clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
except the following "Approved Exceptions" as outlined in the Preliminary Report dated February
20, 2003, issued by First American Title Company:
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B. Easements or rights of way of record over said property, listed as exceptions 7, 9, 10, 12,
13, 14 & 15.
4.4. The First American Title Company is being prepared to issue a CLIA title insurance policy in the
full amount of the purchase price, subject only to the Approved Exceptions ("Title Policy„).
If Agency determines that any of these conditions have not been met, Agency shall have the right to
terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent.
5. Escrow. By this Agreement, Agency and Grantor establish an escrow ("Escrow") with First American
Title Company, Concord, California, their Escrow No. 80678CC ("Title Company"). Grantor hereby
authorizes Agency to prepare and file escrow instructions with said Title Company, on behalf of Grantor,
in accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata
taxes, liens and assessments on the Property conveyed.
5.1. Fees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the Agency, the premium charged therefor.
5.2 Grantor'sDeposit into s ro A, On or before the Close of Escrow, Grantor will deliver into Escrow
with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of Grantor, in a form
approved by Agency (Grant geed") conveying to Agency the Properly in fee simple
absolute, subject only to the Approved Exceptions.
E. Copies of any effective leases, rental agreements or any other agreements, if any, which
the Agency has agreed in writing are to remain in effect after Agency takes title.
C. Grantor's affidavit of nonforeign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended [26 USCA§1445] ("FIRPTA Affidavit"); and
D. Grantor's affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit").
5.3. L?P.,sit of E r h se Price into Esrrowby Age=. Prior to the Close of Escrow, Agency will
deposit the Purchase Price into escrow with the Title Company.
5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Agency ("Close
of Escrow). On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the Agency care of Daren A. Laws, Real
Property Agent for the Agency(which shall be deemed delivery to the Agency);
B. Issue the Title Policy, if requested to do so by the Agency;
C. Prorate taxes, assessments, rents and other charges as provided by this Agreement;
D. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to be paid
by or on behalf of Grantor;
E. Prepare and deliver to the Agency and to the Grantor one signed copy of the Title
Company's closing statement showing all receipts and disbursements of the Escrow.
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If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title
Company shall notify the Grantor and the Agency and retain all funds and documents pending receipt of
further instructions from the Agency.
6. Grantor's Representations and Warranties. Grantor makes the following representations and
warranties with the understanding that these representations and warranties are material and are being
relied upon by Agency. Grantor represents and warrants to the Agency that as of the date of this
Agreement and as of the Close of Escrow:
6,1, Marketable ably . Grantor is the owner of the Property and has marketable and insurable fee
simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only
to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party
rights to use the Property are or will be in force unless prior consent has been given by the
Agency in writing. Commencing with the full execution of this Agreement by both parties and until
the Close of Escrow, Grantor shall not permit any liens, encumbrances or easements to be placed
on the property other than the Approved Exceptions, nor shall Grantor enter into any agreement
that would affect the Property that would be binding on the Agency after the Close of Escrow
without the prior written consent of the Agency.
6.2 Condition of pm_ n�. Grantor has disclosed to the Agency all information, records and studies
maintained by Grantor in connection with the Property concerning hazardous substances and that
Grantor is not concealing any knowledge of the presence of contamination or hazardous
substances on, from or under the Property. Any information that Grantor has delivered to the
Agency either directly or through Grantor's agents is accurate and Grantor has disclosed all
material facts with respect to the Property.
83 Other Matters Affecting Property. To the best of Grantor's knowledge, there are not presently any
actions, sults, or proceedings pending or, to the best of Grantor's knowledge, threatened against
or affecting the Property or the interest of Grantor in the Property or its use that would affect
Grantor's ability to consummate the transaction contemplated by this Agreement. Further, there
are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of
the Property. To the best of Granter's knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the Property. Grantor
shall promptly notify Agency of any of these matters arising in the future.
6.4 Grantor's Agency,. That this Agreement and all other documents delivered prior to or at the Close
of Escrow have been authorized, executed, and delivered by Grantor, are binding obligations of
the Grantor; and are collectively sufficient to transfer all of Grantor's rights to the Property.
in addition to any other remedies that may be available to the Agency as the result of a breach of any of
the foregoing warranties or representations, Grantor agrees to defend and hold the Agency harmless and
reimburse the Agency for any and all loss, cost, liability, expense, damage or other injury, including
without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any
of the warranties and representations contained in this Agreement and all third-party claims arising out of
or related to any facts or circumstances with respect to the period prior to the Close of Escrow.
7. Agency's Representations and Warranties. Agency warrants that, upon approval of this Agreement
by the Agency's governing body, this Agreement shall constitute a binding obligation of the Agency.
8. 1030.f (Not Tested-Unknown Hazardous Material Use)
The Grantor hereby represents and warrants that during the period of Grantor's ownership of the
property, there have been no disposals, releases or threatened releases of hazardous substances or
hazardous waste on, from, or under the property. Grantor further represents and warrants that Grantor
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has no knowledge of any disposal, release, or threatened release of hazardous substance or
hazardous waste on, from, or under the property which may have occurred prior to Grantor taking title
to the property.
The acquisition price of the property being acquired in this transaction reflects the fair-market value of
the property without the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous waste which requires mitigation under Federal or State
law, the CCC Redevelopment Agency may elect to recover its clean-up costs from those who caused
or contributed to the contamination, or are otherwise responsible under State and Federal Law.
9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge
in the deed or other documents following the delivery and recordation of said deed or other documents.
10. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close
of Escrow.
11. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
Grantor: Pacific Community Services
329 Railroad Ave.
Pittsburg, CA 94565
Telephone:
Agency:
Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone:
Attn: Karen A. Laws
or to such other addresses as Agency and Grantor may respectively designate by written notice to the
other.
12. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of
this agreement constitutes the entire consideration for said document and shall relieve the Agency of all
further obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement. Grantor has no other right or claim to compensation arising out of or
connected with the acquisition of the subject property by the Agency, except as specifically set forth in
this Agreement, including but not limited to all claims for compensation for improvements pertaining to
realty, all claims for compensation for fixtures, equipment or machinery, attorneys` fees, costs or
damages of every kind and nature by reason of Agency's acquisition of the subject property and agrees
never to assert such a claim.
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 had 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
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Agreement. The Recitals are and shall be enforceable as a pert of this Agreement.
14. Further Assurances. Whenever requested to do so by the other party, each party shell execute,
acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
powersof 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.
15. Waiver. A waiver or breach of any covenant or prevision in this Agreement shall not 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
16. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
17. Governing Law and Venue. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
AGENCY GRANTOR
CONTRA COSTA COUNTY PACIFIC COMMUNITY SERVICES
REDEVELOPMENT AGENCY
RECOMMENDED FOR APPROVAL: By
By Its
Principal Real Property Agent
Ey
APPROVED:
Its
By
Deputy Director
Redevelopment Agency Date:
(Date Signed by Grantor)
Date
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
(FORM APPROVED BY COUNTY COUNSEL"9)
[Please nate that all the standard clauses may still be applicable and should be inserted by number in
the appropriate section of this document.]
KAL:eh
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