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HomeMy WebLinkAboutMINUTES - 06102003 - SD4 THE BOARD OF SUPERVISORS,AS THE BOARD OF DIRECTORS OF THE CONTRA (COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on Mane 10, 2003, by the following vote: AYES: UMUU6 MIA, URKFIA, GLM AM UB4 NIIR NOES: N ABSENT: N AP.SDUN: bm RESOLUTION NO 20031371. D15MCr M SWAT UA r (Government Code §25350) SUBJECT: ADOPT Resolution No. 200307T to determine that the purchase of real property is exempt from the requirements of the California Environmental Quality Act(CEQA); and to consummate the purchase for the relocation of Fire Station 85 on Loveridge 'Road.. Project No. 7038-6X5196. (CP# 03-12) Pittsburg area. The Board of Supervisors of Contra Costa County, as the Board of Directors of the Centra Costa County Fire Protection District, RESOLVES 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 a$25.00 handling fee to the County Clea 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 Pittsburg. This Board on May 13,2003, passed Resolution of Intention No. 20031307 and Notice fixing June 10, 2003, at 9:30 A.M. in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place where it would meet to consummate the purchase of the real property described in the Grant Deed therein from Uecker & Associates, Inc., :as disbursing agent for the reorganized Los Medanos'Community Hospital District, said property being required for fire station purposes.' Said Resolution was duly published in the Contra Costa Times in compliance with Govt. Code Section 6063. CP:eh,' G:\GrpOata\RealProp\2003-Files\80s&RES\BR.16 Uecker.doc !hereby certify that this is a true and correct copy of an action taken and entered on the Orlg,bio.: Public Works(R/P) minutes of the Board of Supervisors on the Contact: C.Peccianti(313-2222} date shown. cc: Auditor-Controller(via R/P) Public Works Accounting ATTESTED: JUE 10. M County Recorder(via RIP) JOHN SWEETEN,clerk of the Board of Board Orders Sear Clerk,Adm: Su isors and unt` d i" bra#or' CDD-K.Pions Public Works(ES)T.Torres B eputy CCCFPD-,D.Benson RESOLUTION NO. 2003/ 371 Subject Consummate purchase and:accept Grant Deed. Date: June 10, 2003 Page: 2 The Board hereby consummates said purchase and approves the Purchase Agreement dated May 13, 2003, between Uecker & Associates, Inc. and the Districtfor a fire station site on Loveridge Road, Pittsburg, California, and AUTHORIZES the Public Works Director, or designee, to sign the Purchase Agreement,on behalf of the District, The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Placer Title Company, Escrow No. 615-6825, for$835,000.00 for said property for payment to Grantors, upon their conveying to the District a'Deed therefor. Said Deed, is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. RESOLUTION'NO. 2003/371 P.W.CONSERT ITEM i Benda Date: Jtt19,2QQL I Subject category:(circle o I. ROAD,&TRANSPO qTA11ON ITEMS 2. ENGINEERING SERVICES ITEMS 3. SPECIAL- DISTRICI OR AIRPORT ITEMS ADt 'T esoljgLonho.,2t 3 * "to fteam—*=that the ppqwsitign of the Veckcr&A.awiges'Inc.p e is exemt froM,the EnvirounmtslOph# Arx Jgix A as a CLukI.2 Cats t►riesl aem giant to ecti ` 2 4 of le CE 'd lhies•amrove,and a thvri the C1�a ;qgCo blic Warks Dirgector or d es to ewe the Purchase andSda Ageemnti acre t the Gm Beed ` m Uecker&associates TAC.:an a" rove and the At ditor-Coat roller to issue i4teck in fle of $835,000gMgk1g.tg Placer T'ac CqMM fbrPLq2M1X ri `tar aired fgr the reloc4og of Fire StaOg4#85 on Lovwid` Rqa—d4 P #s wCF"#o3-I� CCC Eire ProtectionDistrict District nproiectNo, 38- 6X5196. Submitted +; Approved by: ©tv. Head: Supervisor. Attachments: Beard rder(s); �soiution e~eti(E Rog)copy(s)for Board Clerk VV UP ftp` Public Works Director's signature ' h bocuments to follow: } This form PkM Boar J Order1Resoludon and all the attachments are due to the Freed Property Sectary on Monday. not tater than 6:00 p,m., two weeks prior to the Boa d of Supervisors meeting. G-'U3r0aft*ea1Prop\F0R,t,SVR1.4t n te}.aac Iran I' r CONT A, PUBLIC WORK'S DEPARTMENT -COSTA INI'TIA'L STUDY F COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT#7038-6X5169 and 7038-6X5199 CP# 03-12 PROJECT NAME: Fire Station No. 82 Sale (Antioch), and Fire Station. Nos. 84 & 85 Sale and Acquisition of new sites (Pittsburg) PREPARED BY Trina Torres DATE: March 11, 2003 APPROVED BY: >t DATE: M43 RECOMMENDATIONS (X) :Categorical'Exemption: (Class 12) ( ) Negative Declaration () Environmental Impact Report Required () Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation is based on the following: This property is surplus government property,which is not in an area of statewide, regional,or area wide concern as identified in Section 15206(b)(4). What changes to the project would mitigate the identified impacts N/A USGS Quad Sheet Honker Bay and Antioch South Base Map Sheet #E-19,E-20,F-19, &G-20(Pittsburg); J-24 &K-24 (Antioch) Parcels # (Pittsburg Acquisition)086-190-035, 086-190=036, &088-1.61-031; (Pittsburg Sale)088-220-010&085-370-057, ('Antioch Sale) 071-101-017 GENERAL CONSIDERATIONS 1. Location': Fire Station No. 82 is located in the City of Antioch (Figs.1, 7, & 8). Fire Station Nos. 84 and 85 are located in the City of Pittsburg. (Figures 1-6). 2. Project Description: Fire Station Nos. (FS#)82,84&85 are obsolete and will be relocated,which includes acquiring parcels and selling the existing fire stations. The project consists of acquiring two vacant adjoining parcels (APN 086-190-035,approx. 1.45 acres and APQV 0Ipprox. 190-036;approx. 0.172 acres) for FS#84 (Fig. 3) and one vacant parcel (APN 088-161A 0.87 acres) for FS#85 (Fig. 4) . The project also includes selling'FS#84(APN085-37.6-057) (Fig. 5) , FS#85(APN` 088-220-010) (Fig. 5) , and FS#82(APN071-101-017) (Fig. 8) at public auction. The Cityof Pittsburg wrote a Categorical Exemption for the installation of the new FS#84&FS#85. Contra Costa County previously acquired the new site for FS#82 (CP#99-57). General Pian Conformance will be obtained from the Cities of Pittsburg and Antioch for this project. Project Location: Fire Station No. 82 is located in the City of Antioch (Figs. 1, 7, & 8) . Fire' Station Nos. 84'and 85 are located in the City of Pittsburg. (Figures 1-6) . 3' Does it appear that any feature of the project will generate significant public concern? [] yes [x] no [] maybe (Nature of concern): 4. Will the project require approval or permits by other than a County agency? [X] yes d no Agency Names) , General Plan Conformance from the 'Cities of Pittsburg and Antioch. 5. Is the project within the Sphere of Influence of any city? Yes. (Pittsburg and Antioch) Itt GAGrpdatatEngSvctENVlR012003 Projects\CEQA\CatExkFS 82 Sale(Ant)-FS 84&85 Acq&Sale(Pitt).doc s CALIFORNIA ENVIRONMENTAL QUALITYACT Notice of Exemption TJ Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Sell-gren-Public Warks Dept. Project Description, Common Name (if any)and Location: Fire Station No. 82 Sale (Antioch)and Fire Station Nos. 84 &85 Sale and Acquisition of new sites(Pittsburg),'County File;CP#03-12. Project description: Fire Station Nos. (FS ) 82, '84 &.85 are obsolete and will be relocated, which includes acquiring parcels and selling the existing fire stations. The project consists of acquiring two vaunt adjoining parcels (APN 086-190-035;approx. 1.45 acres acrdN 086-190-036, approx. 0.172 acres) for'FS#84 (Fig. 3) and one vacant parcel (APN 0881 '-161;'Tpprox. 0.87 acres) for FS#85 (Fig. 4) The project also includes selling FS4$4 (APN 085-370-057) (Fig s) , FS#85 (APN'''088-220-010) (Fig. 6) , and FS#82 (APN 071-101-017) (Fig. 8) at public auction. The City of Pittsburg wrote a Categorical Exemption for the installation of the new FS#84' &FS#85. Contra Costa County previously acquired the new site for FS#82(CP#99-57); General Plan Conformance will be obtained from the Cities of Pittsburg and Antioch for thisproject. Project Location: Fire Station No. 82 is located in the City of Antioch (Figs . 1, 7, & 18) . Fire Station Nos. 84 and 85 are located in the City of Pittsburg. (Figures 1-6) This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) — General Rule of Applicability(Section 15061(b)(3) _ Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, Class2 for the following reason(s):This property is surplus government property,which is not in an area of statewide,regional, or area wide concern as identified in Section 15206 (b)(4).' Date: By: Community development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title, Applicant: County Public Works Department 255 Glacier Drive Martinez,CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvclENVIRO\2003 Projects\CEQA\NOEIFS 82 Sale (Ant)-FS 84&85-Acq&Sale-(Pitt).doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing,McBr en Administration Building Martinez, CA 94553-0095 Telephone: (925) 813-2296 Contact Person:',Cece Sellgren-Public Works Clept. Project description, Common Name(if any)and Location:Fire Station No. 82 Sale (Antioch)and Fire Station Nos. 84&85 Sale an.dAcqui.sition of new sites(Pittsburg),County File C.#03-12. Pr©iect description: Fire Station Nos. (FS#) 82, 84 & 85 are obsolete and will be relocated; Which includes acquiring parcels ,and selling the existing fire stations. The project consists of acquiring two vacant adjoining parcels (APN 086-990-035,approx. 1.45 acres and A' N 086-190-036, approx. 0.972 acres) for FS#84 (Fig. 3) and one vacant parcel (APN 088-161-%l;aprox, 0.87 acres)for FS#85 (Fig. 4) . The project also includes selling>;FS#84 (APN 085-370-057) (Fig., 5) , FS#85 (APN 088-220-090) (Fig. 6) , and FS#82 (APN 079-101-017) (Fig. 8) at public auction. The City of Pittsburg is responsible for conducting the CEQA for the new FS#84 & FS#85. The new site for FS#82 was previously acquired. General Plan' Conformance will be obtained from the Cities of Pittsburg and Antioch for this project. Project Location: Fire Station No. 82 is located in the City of Antioch (Figs . 1, 7, &: 8) Fire Station Nos. 84 and 85 are located in the City of Pittsburg. (Figures 1-6) . This project is exempt from CEQA-as a: Ministerial Project(Sec. 15268) Other Statutory Exemption,Section Declared Emergency(Sec. 15269(a)) — General Rule of Applicability(Section 15061(b)(3) _ Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption,_Class 12 for the fallowing reason(s):This property is surplus,govemment property,which is not in an area of statewide,regional, or area wide concern as identified in Section 15205 (b)(4). Date: By: Community Development Department Representative AFFIDAVIT'OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works'Department 255 Glacier Drive Martinez, CA 94553' Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIR0\2003 Projects\CEQANOE\FS 82 Sale(Ant)-FS 84&85-Acq&Safe-(Pitt).doc' C3. CL v . A) ` roCD c , °. 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V Rep tQ as q tiJ m NO mmo rn y s+ Px r r> W PUTNAM r i r r- WORRELL r. . t wrw. r ,r r� « "� r RCI �[ wKrn * 13Y iwrtYs�t 4 p r 00 � f , a �ori y�rpi ( fiasatr! i4LL yR � ,�' s��+ � ♦ qcl, '"' Rei Y rl lie' sa -, 0 ;� Project Locat1011 of o OS N Is 00 �y t f xh jo roM Y04 � ! � y ip �..a Uw Y 65 `' t Tllhf.11.2 3 11 2 CCC PUBLIC WOWS NO 614 P.16126 t , Parcel Number:APN 088-161-031 Grantor: Decker&Associates, In . Project Name: CCCF'PD ACO&I Islocation Station 84 Address, One Front Street,Suite 15 � San Francisco,CA 9411 Project Number 7038-6X5196 PURL ASE ANS SALE AGREEMENT BETWEEN CONTRA COSTA COUNT AND G- €)R NAMED HEREIN This Agement is entered into by and between a Contra Costa County, a political subdivision of the; tate of California hereinafter refarred as "Gouty" and Decker & Associates, Inc„ as disbursing agent for the reorganized Los Memos Com unity Hospital 'District pursuant to that certain Joint Plan for the Adjusz ant of Debt(August 18.1098)of Los nos Health Gere Corporation,a Californls nonprofit public benefit [on. and Los Medanos Community spital district. a politica[subdivision of the ate of Cartfomia Nos. 94 2864-3 AND 96-1356166intlyr administe hereinafter referred to as"Grantor% RECITALS Grantor is the owner of approxi kely 83,200 square feet of real property toted in the City of Pittsburg Contra Costa County; California, des ed on Exhibit "A" and shown on Mbit"W attached hereto and ince rated herein by reference. The real p rty,Includingimprovements thereon,if any,are collectively referred I° herein as the"Property". AGREEMENT NOW `I IERUORE, in consid ration of the agreements herein contained and fru other good andable sideration,the recut and eq acy of which are hereby acknowledged,the parties hereby agree as c311ov�s° 1. Effective Data. It is un erstood that this Agreement is subject to approval by the County's verning Board. This Agreement is effective on the date approved by the County's'Governing Board C ffac�re aatel.'This Agreement be submitted to the Grantor first for approval,arid thereafter to the C tasty. 2. Purchase and Sate, bj t to the terms aid conditions in this Agreenwk Grantor agrees to sell and County agrees to pur a the Property. 3. Purchase Price. The purchase price for the Prop" shall be FIGHT HUNDRED THIR FIVE T14OUSAND DOLLARS $835,000.00)("Purchase Price"). 3.1. All act valorem re al property taxes and any penalties and casts therew, and all..[nstallmen of any bond or assessn ient than constitutes a lien ort the Property,shall be cleared and paid b mentor as of the date ' sly vest In County,by the recordation of tt'te deet!herein pursuant to ions 4986,508.2,and 5086 of the R+evertue and Taxation Code of the Mate of CaltIcimia.if un ill as of the date title vee s. [ 3.2 The Purchase 'cae shall be paid to Reorganized Los Medanos Community Hospital trig, c/o Uecker&ASSOC ittes as Disbursing Agent of Los Medanos Health Care Corporation. 4. Condi oris to County s PoOkirmance. The Countys obligation to perform under this, Ag rnent I subjoct to the foRowing ndltions: t \1 Ci4lci VlV.si W\ SwiT j :rnt44*CKERCCFPO +84 chary 5-1-03.doc seer hz+a�tt+v�n�� ��wT�r �t:L e i .TW1113 11=tri CCC PUBLIC ],MKS 4.1. Grantor's represel cations and warranties in this Agreement being correct as of the date of this Agreement arra as of the Close of Escrow. 4.. . Grantor's perforce rice of all obligations under this Agreement 4.3. The vesting of ti to the PropertyIn ft County by grant deed in fee simple absolute, f e and clear of all liens, rnbrances, asssssments, leases (recorded and/or unrecorded), air taxes except the foflowr "Approvexi Exc;epbons"as outlined';in the Preliminary Report dated De(ember 10,2002,issued t y Plamr Title Company: ,A Covenants,conditions,restrictions and reservations of record, listed as exceptions No.8, S, Ease men or rights of way of record over said properly, listed as exceptions) N . 3, 5, 10,and 11 4.4. Placer Title Comp my is being prepared to issue a CI TA title,insurance policy in the full a ount of the purse pricf,subjW only to the Approved Exceptions("Title Pair)(), If County determines any of these conditions have not been met, County shall have the 'ght to terminate this Agreed t by delivering written notice to Grantor and,if applicable, theEscrow,a # 5. Lsmw. By tltls Afire enc, County and Grantor establish an grow ("Esorow" with plea r TitleCompany, 19,01 N. Sr y, ##100 Walnut 'Creek,'' California, their Escmw No, 6'1"62 {"Title Company"}. Grantor h authorizes County to prepare and file escrow instructionswith s`Id Title Company, on behalf'of Grantor, in accordance with this Agree rent. This includes authorimtio of the Title Company to withhol pro rata taxes,liens and assessments on the property conveyed. 5.1, r_.g and Title arawt. The County shall pay all escrow and recording fetes in In this transaction arid,. trtie insurance is desired by the County,the premium charged therefor, 5.2 0 tties r= On or before the.Close'of Escrow, Grantor will deliver into Escrow with the Title Con pany the following documents: A Agr�rcrt ed, In recordable ford'and properly'executed on behalf of grantor, I a formr approved by C€tuny ("Grant Deed"} conveying to County the Property in fe simple fabsolute, ubject only to the Approved Exceptions. B. Copies of any effective leases,, rental agreements or any other agreerrrents, If an , which the Count has agreed in writing are to remain in effect after County des tale. C. Grantofs affidavit.of nonforelgn status as contemplated by 'bion 1446;,of the 'Infefnal Revenue a of 1988,as amended j26 LSCA i§1446;(" ,IRPTA, davit*) and l D. Grantorrs affidavit as contemplated by the 'Revenue and Taxation Code 18662 (°VlfithFto Ing Affidavit"). 5<3• , Prior to the Close of Escrow, C my will depc�tits I'urc ase Price Into escrow with the Title Company, Escrow shall tie on r before ,late 3t3,2003 5.4. Cbsebf Es Escrow. shall close upon the conveyance of the Property to the Coun ("Close of Escrow), On t le closing elate,the Title Company shall close Escrow as follows: 2 WOLMOM8 CCFPO 64 dt�s.,. .doc , JLH-11.2003 21R9AM CCC PUBLIC WORKS NV.b19 V.3tf+'Gb t A. Record thi Grant teed, marked for return to the County care of Carla Pecclanti, Real � Property A)ent for the County(which shall be deemed delivery to the County); B. Issue the I we Palley,if requested to do so by the County. C. Prorate Was,assessments, rents and other urges as provided by this Agreemer 4 D. disburse t the Grantor the Purchase Price.less prorated amounts and charges to a paid by or on bi ihalf of Grantor; E. Prepare deliver to the County and to tete Grantor one signed copy of toe Title Company` closing statement showing all receipts and disbursements of the Escro . If the Title Company is u iable to simultaneously perform all of the instructions set forth above,l e Title Company shall notify the Grantor and the County and retain all funds and documents pending r ipt of further Instructions from 110 County and Grantor. Grantor's lRopfasentat ons and Warrantees. Grantor makes tete following repr+esentatio s and warranties with the and tandingthat these representation$ and warranties are maters and a being relied apart by Corr►". Grantor represents and warrants to the County'!that as of tate date of the . Agreement and as of the Close of Escrow: 6.1. hb&elabie MeGrantor'is the owner of the Property atxl has rnarketablr`: and irtsu ble fee sirrtple title to#Ire rt�perty clearof restriction ,teases,li ►rts arta other encumbrances,sari ct only tct the Approved xcept". l�o leases, licenses, or other agreements allowing any IN party rights to use tree perty,are or will be in farce unless prior consent has been given by th County In writing. Coat c€ng with the full execution of this Agreement by both parties arts€ tit the Close of Escrow.Grantor shall not permit any liens,encumbrances or easements to be pi on the Property oth than ttte Approved Exceptions, nor shall Grantor enter into anar�ree rrt ti t would:effect thePsent operty that would be binding on the County after the Close of E scrra without the priorwlftwn of 0*Cotnty. f 6.2 Q0CEitlna of Pr*dyl. Grantor has disclosed to the County all Information. records studies maltrta lned b G ntor in connectionwithft Property concerning hamrdous substances d that l Granter is teat ing any knowledge of the presence of contamination or zardouss substances tart, o or under the Property. Any inforr ation that Grantor has dehve to the 'County either d1 tUy or through Grantor's agents is ante to the best of Grantoes kn edge and Grantor hedisclosed all mater' fh is that are known to Grantor with respe # to the Property. 6.3 . To the int of Grantor's kncwledgej there are not tly any I actions, std,or proceedings pending or, to the best or Graf hoes knowledge.threaten against =or affecting tete rgperty or the interest of Grantor in the Property or its use that Id a Grantors ability 0 consummate the transaction contemplated by this Agreement. Fu r,there are not any outs ding and unpaid arbitration awards or judgments affecting We to any Mon of tete Property. o ttt+e best of Grantor's knowledge there are not presently any pe Ing or thma*ned to Ition,eminent domain or similar proceedings affecting the Property. Grantor shad promptly fy County Of any of these matters arising in the future, 6.4 . "Chat this Agrestnent and all cotter documents delivered prior to or at t Clue of Esc rovv have n authorized, executed, and delivered by Grantor; are'bindirt€g obl` `ions of the Grantor,and are colleet vety sufficient to transfer all of Grantor's rights to the Prope 3 � atwr roar n . MMSIVECKER cCFPD 84 dunces s.,.ta .wc tics �+r�ovgn a �� ec�c�xa�ca„ a/s , rr rr.t I2� iM LiLL F'UtjLV- WwK rrRr.ra . r.a»cu 7. County's Represontatloi is and Warrantees. County warrants that,upon approval of this Agree nt by the Countys governing bc dy,this Agreement shat constitute a binding obligation of the County. 8. Hazardous Materials. TKA Grantor hereby represents and warrants that, to the best of its ldn edge, during the pert of01 toes ownership of the Property, there have been no disposals, rete ses or threatened reEees of rdous substances of hazard wastes on, from, or under the tar party, Grantor further repr+ eil and warrants that Grantor has no knowledge, other than as set forth in that certain;report called Pha se 1 Environmental Site Assessment dated March 2001;and the Sum ry of Laboratory Analytical Results—Soil prepared by World Environmental Services& Technology( EST) a copy of which Grantor ias provided on April '15. 2003 to Carla Pecclanti,'Senior Renal Prope Agent for Contra Costa County df any disposal, releaser or threatened release of hazardous substa ces or hazardous waste, on, fro n,or under the Property,which may have occurred prior to Grantor tak ng title to rt a Property, The acquisition pride of te Property being acquired in this transaction reflects the fair-market slue of the Property without the presence of contamination. if the Property being .acquired is fo to be contaminated, by the pre woe of hazardous waste, which,requires mitigation under Federal r State law, the County may el to recover its clean-up costs from those who causedor contribute" to the contarnination. 9. Survival. AN of the term ,provisions, representations,warranties and covenants of the parfides un er this Agreement shalt survive hos assignment, expiration or termination of this Agreement and shall no merge in the dared o3r!other rets following the delivery and recordation of said,deed or other docum rite, 10, Possession of tie P'ro rrtyr. Possession of the Property shall be delivered to the County at the of Escrow, 11. Assilgriment and 5u ors. This Agreement shall inure to the benefkt of and shall be bind, upon the parties to ink$Agri ent and they respective heirs,successors,and assigns, 1Z Notices. All notices {i uding rusts. demands, approvals or other communications} u r this Agreement stall be in wr ting. The plane for delivery of all notices given under this Agreement sh"il be as follows: Grantor. jSan Deckerer&Assoclates, Inc. nt Street,Suite#1550}Francisco„CA 94111 hone; (415)362-3440 County; C ntra Cita County R at Property Divkslon Pt bfrc Wortcs Department 2 Gla der Drive oz.Cts;94553' T ephone: (926)313-22 Carta Pecctanti, Senior Real Property Agent or to such other addtres os as County and Grantor may respectively designate by written roti to the +sur atr ,c aha nts+crecr M COWO ea�3 5-1-03.dcc ��Drip{APpALtVE�1 ffiY Ctl��''��C�6EI. CF99 d"2 G7trt WVMt\ other. 13. Entire'Agreement ;The 3arties have herein set forth the whole of their agreement The perfornce of this agreement c onstitut the entire consideration for said document and,shall relieve the Gott ty and 1 Grantdr of ail furter igetion or d on this arxc�unt, or ort' account of a location g or construction #lie pr ed public Improvement Crtrltar has cs ether right or claim to co saticin arising, cwt of or con ed with the acquisition of the subject property by the County, ox pt as specifically set forth in his Agrser nm indud#V but not limited =to all ctairns for compensa" n for irnpnavement$ pertaining to realty, all claims far compensation for Fixtures, equipment or m himery, attorneys' fees, costs or damages of every kind and nature by reason of County's acgutsiti of tate subject property anti never to asset#such a claim. 14, Const rction'. The se on headings and captions of this Agreement ane, and the arrangemen of this Instrument is,€or the sol convenience of the parties to this Agreement.The section headings, ptions and arrangement of ti'i Instrument do not in arry way affect, limit, amplify or modify the ter ne, and provisions of this Agra nt. This Agreement shall not be construed as if it had been prepared one of the parties,hitt rather a if both parties had prepared it.The parties to this,Agreement and their =nsel have read and reviewe tnls Agreement and agree that any rule of:coniOuction to the eff,WIt that ambiguities are to ber pNeti against the drafting party shall not apply to the lnterp4shaWll f his Agreerrrent.The l ecitais ate shall be enforceable as a part of this Agreement, 15. Further Assurances, henever requested to do so by the other patty, each partyacute, acknowledge and de ail €unit r conveyances, assignments, c onfirrnatiorts, satin€actames, powers of attorney,Ins meats of further assurance,approvals,consents and alll further Ins and documents es may be sary.i expedient, or proper in order to complete all rvoyasfesales, and assignments rider this Agreement, and do alt other acts and to executef ack , anrddeliver'all documents as equested tri order to carry out the intent ar t purpose of this Agre 16. Wafrr$r, A waiver or I teach of,any covenant or provision to this Agreement shall not be d erred a waiver of any other coveont or provision in this Agreement,and no waiver shall be valid unless writing and executed by Me wa ng party 17. Seve.rabflity. if any t ort or provision of this Agreement shall, to arty extent, be Meld valld or unenforceable,the rema nder of this Agreement shall not be affected.' { 5 ;G �EV M :ar►s a tun ra carr S-1- doe (g, aa�sv , mtTr cs� s/ t JUN.11.2003 11130AM CCC PUBLIC WORKS NU.bI4 tl.eileb 18. (;ovqrWjng Law and Venue. -1,hjs Agrearnent shall be governed and consMied in accordame with eeenCo California law.� The VOM e of any 1111gation pertait*ng to this Agrrnt shall be Contra Costa only. California CONTIRA COSTA COUNTY GRANTOR Uecker&Associates.Inc. Re iyIMENDED FOR APPRO'IAL: as Disbursing Agent, Sy By Cada Pecclant! Susan I« Senior Property Ag By Date (Date Signa by Grantor) I Real Property Agent APPROVED: By Niiauko Shia Public Works Dimtor Date, (Date of Board Approval', No oBUGAj10t4 :)'CHER THAN THOSE SET FORTH HEREIN WILL 13E RECOGNIZED Exhibit.A-Legal Descrip'llon Exhibit B—Plat Map 6 GAGomawfteallP, m k U4 wdwse 2mna rft%XUfCKER Com. PD 84 dines 6-1-01dW 4 FORApt TV nv 4/9 01 T EXHIBIT "A" Fee Title Parcel One of those parcels of land granted by the Los Medanos Community Hospital District to Uecker and Associates Inc., as Disbursing Agent for the reorganizedLos Medanos Community Hospital District pursuant to that certain Joint Plan for the Adjustment of Debt (August 18, 1998) of Los Medanos Health; Care Corporation, a California nonprofit public benefit corporation and Los Medanos Community Hospital District, a political subdivision of the State of California (Case No 94-4-2864-J and 96- 4-1356-J (Jointly Administered)), by grant deed recorded December 24 1998 as document number' 98-032484=.8, City of 'Pittsburg, Contra Costa County' California described as follows: Being all of Parcel D as shown and delineated on Parcel Map M.S. No. 679-96 filed May 29,'1997'in Book 171 of Parcel Maps at page 18. This real property ,description has been ;.prepared by me` or under: my direction, in conformance with the Professional Land Surveyors Act. Signature: Licensed Lanfrbuirveyor -� � Contra Costa County Public Works ,, F, >C Exp. 12-31.04 ' Date: 0 No.5999 F CAI,. Rzmrn G:\Grpbata\Clerical\EXHiB1TS\2003\Los Medanos Comm Hospital Dist:doc .......... M.biq% MOW �13" 41 L VEFUDGE R OAD it r6 r LN. 4X 6 .......... 05-2743 02:59pm From-yUECKER AND A550£ +415.352-T704 T-9'60 P-03/05 F-139 Recorded at the request of, Contra Costa County Return to; Contra Costa,,County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Carta Peccianti Assessor's Parcel No. 088-161-031 Title Co. Order No.«615-6625 GRANT DEED For Value Deceived, receipt of which is hereby acknowledged, UECK.ER&ASSOCIATES, INC.,AS DISBURSING AGENT FOR THE REORGANIZED LOS MEDANOS COMMUNITY HOSPITAL DISTRICT PURSUANT TO THAT CERTAIN JOINT PLAN FOR THE ADJUSTMENT OF 'DEBT (AUGUST18,1998) OF LOS MEDANDOS HEALTH CARE CORPORATION,A CALIFORNIOA NONPROFIT PUBLIC BENEFIT CORPORATION,AND LOS MEdANDOS COMMUNITY HOSPITAL DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA (CASE NOS. 944-2864-J AND 96-1356-j ;(JOINTLY ADMINISTERED) GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of California, the following described real property in the City of Pittsburg, County of Contra Costa,State of California, FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED ''HERETO AND MADE' A PART HEREOF. GRANTOR Uecker and Associates, Inc. as Disbursing,Agent Date �� B Su n Uecker ATTACH APPROPRIATE ACKNOWLEDGMENT CP:eh G.tGrpData5Rea[Prop\2003•F'iles103-5\Uecker&Associa#es.doc 5113103 05-27-03 02:59PM From-DECKER AND ASSOC +415-362-7704T-960 P 04/05 F-139 STATE OF CALIFORNIA ) COUNTY OF San Francisca � On May 27-2003 ,before me,Anne Yanow a Notary Public, State of Califon-da, duly commissioned and sworn,personally appeared Susan L.Decker' ,personally known to me to be the person whose name is subscribed to the within instfument and acknowledged to me that she executed the same in her authorised capacity,and that by her signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. Notary Public,Stat Califomia My'commission;,expires Apri13 0.2005 Com` l 25 CONTRA COSTA COUNTY BOARD OF SUPERVISORS Adopted this Resolution on June 10, 2003, by the following vote AYES: SUPERVISORS GIOIA, UILKEMA,, GLOVER AND DESAULNIER NOES NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 383 DISTRICT III; SEAT.,VACANT (Gov. Code L251.126.5) SUBJECT: ADOPT Resolution No. 2003/ 383approwing the Quitclaim Deed of County interest of the Right of First Refusal for APN 088-161-081 to Uecker &: Associates, Inc. in connection with the purchase of the parcel for relocation of Fire Station # 85. Project No. 7038-6X5196 Pittsburg Area The Board of Supervisors of Contra Costa County RESOLVES THAT; Contra Costa County acquired certain property rights by Memorandum of Lease, Right of First Refusal on August 11, 1998, Document Number 98-01899739 in the Pittsburg area,described in Exhibit"A"attached hereto. Said interest in APN 088-161-031' is DETERMINED to be no longer necessary for County or other public purposes. This Board hereby APPROVES and AUTHORIZES the conveyance of said interest to Uecker & Associates Inc. as disbursing agent for the reorganized Los Medanos Community Hospital District, pursuant to Government Code Section 25526.5, and the> Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Quitclaim Deed on:. behalf of the County in accordance with the terms and conditions of the Memorandum of Lease, First Right of Refusal between Los Medanos Community Hospital District and Contra Costa°County. The Real Property Division is DIRECTED to cause said Quitclaim Deed to be delivered to Placer Title Company, 1981 N Broadway,;#100' Walnut Creek, California, their Escrow No. 615-6625 for acceptance by grantee and recording. CP:eh 1 hereby certify that this is a true and correct G:\GrpData3RealProp\2003-Files\BOs&REStBR.26 Uecker QD.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: Carla Peccianti(313-2222 Grantee(via RtP) ATTESTED: JUNE 10, 2003 Lease Management,Carol Chan Board Orders Senior Clerk,Adm. JOHN SWEETEN,Clerk of the Board of ervisors and Count Admii 'strator B Deputy RESOLUTION NO. 2003/ 383 Subject:. Consummate purchase and accept Grant Deed. Date: June 10, 2003 Page: 2 The Board hereby consummates said purchase and approves the PurchaseAgreement dated May 13, 2003, <between Uecker & Associates, Inc. and the District for a fire station site on Loveridge' Road, Pittsburg, California, and AUTHORIZES the Public Works <Director, or designee, to sign the Purchase Agreement on behalf of the District. The County Auditor-Controller is hereby DIRECTED to issue a check in favor of Placer Title Company, Escrow No. 615=6625,for$835,000.00 for said property for payment to Grantors, upon their conveying to the District a Deed therefor. Said Deed, is hereby ACCEPTED and the Real Property Division is ORDERED to have it recorded, together with a certified copy of this resolution. RESOLUTION NO. 2003/ 383 ReCcirded at the request of: Centra Costa County After recording;return to: Susan L. Uecicer Uecker&Associates,Inc. One Front Street,Suite 15513 San Francisco,CA 94111 Assessor's Parcel No. 088-161-031 Title Co. Order No.615-6625 QUITCLAIM DEE For a valuable consideration, receipt of which is hereby acknowledged, CONTRA.COSTA COUNTY, a political subdivision of the.Mate of California, Does hereby remise,release and forever quitclaim to UECKER&ASSOCIATES,INC., AS DISBURSINGANENT FOR THE REORGANIZED LOS MEDANOS COMMUNITY HOSPITAL DISTRICT ' PURSUANT TO THAT CERTAIN JOINT :PLAN FOR THE ADJUSTMENT OF DEBT (AUGUST 18,1998) OF LOS MEDANDOS HEALTH CARE CORPORATION,A CAL IFOR IIOA NONPROFIT PUBLIC BENEFIT CORPORATION,AND LOS MEDANDOS COMMUNITY HOSPITAL DISTRICT, A POLITICAL SUBDIVISION OF TIME STATE OF CALIFORNIA (CASE MOS. 94-4-2884-J AND 96-135 � (JOINTLY ADMINISTERED)the FIRST RIGHT OF REFUSAL for Assessor Parcel Number 088-181- 031 as described;in the MEMORANDUM OF LEASE attached hereto and made a part hereof as Exhibit "A" for the fallowing real property described in Exhibit"B" in the City of Pittsburg, State of California. CONTRA COSTA COUNTY Date. JUNE 10, 2003 By >� Chair, Board of Supervisors STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA } Ung ZI 10, 4efore me, KELLY Deputy Clerk of the Board of County,personllyappeared who is personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signeture(s)'on the instrument the persons), or the entity upon behalf of which the person(s) acted executed the instrument: x 8y f ep typy lerk G:\GrpDatacRealProp\2003-Filest03-S\DE,04 Decker&Assodates.doc 51'13/03 .TUN.11.2003 11:i6AM CCC PUBLIC WORKS P.W. CONSENT ITEM Agenda Gate. June 1€l.100 Subject category: (circl one) I' E . I. ROAD&TRANS DORTAT10N ITEMS 2. ENGINEERING ERVIQES ITEMS 3. SPECIAL ©ISTR T OR AIRPORT ITEMS 4 ADOPT R- esoludon No.2 3!***mowykR and,2R02gAq&tho Chir Board of guAgMsom to geO jg the 't la%n ofCWt y i serest ofthe&gzt of hvtRef Csal for APT 088-161-03 1rusuant to Qov�==t' Code S oon3.5326.5 in'c ► ection AthIk vuwhm of#he pawot for mlogq on o(Fireoq#85 P area LNo hWigg iavoNi ttict 'out o.10&6XS 1 6. Approved by:;Dior. Head: Submitted by: Supervisor: Attechrtlents:.Bear Order(s) Resolution f peed(Easement)copy(s)for Burd Clerk RtW Contracts(No.__j for Public Works Cirec"toes signature Cher Documents to follow; fi This farm Pk,s Boat J Ordersolution ;and all the attachinents are due to the'Ileal Property Secretary on Monday, not later than 5:00 P.M., two weeks prior to the BoaN of Super sons meeting- Ilk eet. +G 4Cm€ ats�liearptFc5R7utV+r.t dac a�rot I { 4 r. EXMII3IT"All Title RECORDING REQUESTED BY AND mNTRA cosh .co Recorder's office WHEN RECORDED RETURN TO: STRP W L. WEIR, County Recorder County of Contra Costa Doc - ge—o3-S:9733-00 General Services Department Acct 2-chicago title Tuesday, AVG 11, 1398 08:00:00 Lease Management Division FU $0.0011 1220 Morello Avenue,Suite 100 Ttl Pd $0.00 Nbr-0000220898 Martinez,CA-94553-4711 hjt/R2/1-7 ate d`�P�-( C- Attention:Lease Manager MEMORANDUM OF LEASE RIGHT OF FIRST REFUSAL This Memorandum of Lease and Right of First Refusal C"Metnorandurn!)is dated as of AVO I ,1998 and is entered into between the LOS MEDANOS COMMUNITY HOSPITAL DISTRICT,C'DISTRICT),and COUNTY OF-CONTRA COSTA,a political subdivision of the State of California C"COUNTY") Recitals A. On or about—.-AUG 1 ,1998 DISTRICT and COUNTY entered into a Lease C"Lease),pursuant to which DISTRICT leased to COUNTY and COUNTY teased from DISTRICT real property,more particularly described in Exhibit A attached:hereto and incorporated herein by reference C"premises"),consisting of the former Los Me danos Community'Hospital facility,comprising approximately 130,900 square feet of building and the land on which the building is placed and associated grounds containing parking,landscaping and other related amenities, B. As more particularly set forth in the Lease,DISTRICT granted to COUNTY a Right of First Refusal to lease or purchase the premises and adjacent land owned by the DISTRICT as described on attached Exhibit B. C. DISTRICT and COUNTY desire to execute this Memorandum to provide constructive notice of COUNT 'S rights under the Lease and the COUNT Y's Right of First Refusal to tease or purchase the Property(as defined hereinbelow)to all third parties. For good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the parties agree as Follows: 1. Conveyance and Term By this Memorandum and that certain long form Lease between the DISTRICT and the COUNTY of even date herewith(the"Lease")DISTRICT leases the Premises described on Exhibit A to COUNTY for a term of twenty years,commencing on August t, 1998,and ending on July 31,201 S. The terse is subject to two five year extensions respectively commencing on August 1,2018 and ending July 31,2023,and commencing on August 1,2023 and ending on July 31,2028. In addition,the DISTRICT,grants to COUNTY a right of first refusal C"Right of First Refusal")to lease or purchase all or any portion of;the real property more particularly described in Exhibit B,attached hereto and incorporated herein by reference,together with all rights of Grantor to adjoining streets,rights of way,easements,all other appurtenant rights,and all personal property on the Real Property belonging ter DISTRICT(collectively"Property"), The Right of First Refusal is more particularly described in the Lease. The term of the Right of First Refusal has the same terra as the Lease,including all extensions, t 1 Z. Terms u? The terms of the lease of the Premises to the COUNTY and the COUNTY's Right of � First Refusal are set forth at length in the Lease which is incorporated in this Memorandum by t0 reference, 3. Successors and Assigns This Memorandum,the Lease and the Might of First Refusal shall bind and inure to the benefit of the parties and their respective heirs,successors,and assigns,subject,however,to the provisions of the Lease ori assignment. 4. Governing Law This Memorandum,the Lease and the dight of First Refusal are governed by California law. Executed as of the date first above written. COUNTY: DISTRICT: COUNTY OF CONTRA COSTA LOS TvIEDANO 'COMMUNITY a political subdivision of the State of HOSPITAL DISTRICT California R B �� '� Vit; , Director of General Services Al Prince, President APPROVED AS TO FORM: APPROVED AS TO FORM; VICTOR J.WESTMAN, FOLEY & LARDNER County Counsel By. T o s r co , attorney or DJ,: DIS C Deputy HASANDfi11.E"EMSMM MEMLSE.W D ATTACH ACKNOWLEDGMENTS CALIFORNIA ALL-PURPOSE ACKNK}WLEWMENT State of County of Onbef e me, ate t me Tile of Officer(6.9.."Jae Doe;Notary Public") personally appeared Name($)of,Signers) ! C7personally known to me f , i roved to me on the basis of satisfactory evidence „ „y�,,,;rr.�rr•* to be the arson( }whose name isfare.subscribed to the UNDA t�aav t ( } ” 42t 5� acknowledged within instrument and ed to me that heti # -- g E Nntctnr r'volEc coritorrncY executed She same in hist t uthorized capacity(ies}, Conixo Ccs-c county and that by hislheiftheir-signature{*on the instrument the my corn person(,or the entity upon behalf of which the person{e}- acted,.executed the instrument. WITNES y hand and o is al seal. sgnatars of Notary Pubbe OPTIONAL ]'hough the information below is not required by Jaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of document: U1) G Document Cate: Number of Pages. Signers) Other Than Named Above: Capacity(ies) Clamed by Signer(s) Signer's Name , , Signer's Name: Individual 0 individual Corpora# Officer`- CI Corporate Officer Titte(s}: 1., d Titles}: Q Panner:!i-Limited © nerai 0 Partner---❑Limited 0 General D AttQmey4n-Fact Cl Attorney-in-Fact Cl Trustee r, d Trustee Cl Guardian or Conservator Q Guardian or Conservator Q Other: Top of thumb hers ❑ Other: Top of thumb hero Signer is Repres ting: Signer is Representing: 01998 National rotary Association+8236 Remmet Ave.,P.O.Box 7t84-Canoga Park,CA 91309-7t84 Prod.No.5907 Reorder.Cab Toll-Free-1-800-876-6827 CALIFORNIA ALL,*URPOSE A01KNOVIV E lM NT State of California County of ContraCosta `'' Darlene E. Allen, Notary Public On 731/98 before me, Date Name and Title of Ol ficer(a.g.,"Jane Doe,Rotary Public"} personally appeared Al Prince Name(s)of Signer(s) ' personally Known to me 0 proved to on the bads of satisfactory evidence to be the persdh{s�,whose name(s)-.islar bscribed to the within instrument and acknowledged to me that he/sheMM executed the same in hislhoWtheir authorized capacity(ies), ALAN and that by his/her tl teir-signature%on the instrument the Camfrbsoo#1123665 _„C person(", the entity upon behalf of which the person(s) c0r&* C W t acted, executed the instrument. MC on-m E 2001 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Memorandum of Lease Document Date: Number of Pages: Signer(s)Other Than Named Above: Capaci#y(ies)"Claimed by Signer(s) Signer's Name: Signer's Name: ® Individual 0 Individual © Corporate-Officer 0 Corporate Officer Titles) Title(s):; © Partner—0 Limited 0 Genera! © Partner_p Limited''C1 General © Attomey-in-Fact © Attorney-in-Fact • Trustee' - a r. D Trustee' • Guardian or Conservator 0 Guardian or Conservator - • Other: Top of thumb here ❑ Other: Top of thumb here Signer is Representing: Signer Is Representing: 01996 National Notary Association-8236 Rernmet Ave.,P.O.Bax 7184"Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call7oll-r-ree 1.800-878.8827 EXHIBIT A LEGAL DESCRIPTION N ca All that real property situate in the City of Pittsburg,County of Contra Costa,State of C4 California,described as follows: W ' Parcel One Lease Parcel A portion of Lot 1,in Block 9 of the Official Map of Camp Strongman,filed June 28, 1966 in Book I I I of Maps at Page 36 in the Office of the County Recorder of Contra Costa Countydescribed as follows: Commencing at the intersection of the northerly line of the East Bay Municipal District property as described in Book 50 of Official Records at Page 201, and the easterly line of that parcel of land granted to the City of Pittsburg as described;in the Deed recorded May 17, 1967 in Book 5370 of Official Records,at Page 46;thence along said easterly line(5370 OR 46)North 0' 00' 15" East, 301.79 feet to the point of beginning; thence'along said easterly line(5370 OR 46)North 0' 00' 15"East,480.00 feet to the southerly line of that parcel of land granted to Samuel L.Bernstein,et al.,as described in the Deed recorded April 6, 1972 in Book 6624 of Official Records at Page 603;thence along said southerly line(6624 OR 603)South 89'59'29"East, 199.99 feet;thence along the extension of said southerly line(6624 OR 603)South 89'5929"East'~35.01 feet,thence easterly along a tangent curve having a radius of 320.00 feet,concave to the North,through a central angle of 18'24'42", an arc distance of 102.83 feet to a point,a radial line of said curve through said point bears South 18' 24' 11".East;thence North 0' 00'East,93.67 feet;thence North 90' 00'East, 330.00 feet;thence South 0' 00'West,96.13 feet to a point;thence southerly along a curve having a radius of 90.00 feet,concave to the northeast,a radial line of said curve through said point bears South 32' 13',.51" West through a central angle of 32' 13' 51", an arc distance of 50.63 feet; thence tangent to said curve North 90'00'East,',210.00 feet to the easterly line of that parcel of land granted to the Los Medanos Community Hospital District as described in the Deed recorded in Book 6624 of the Official Records at Page 556;thence along said easterly line(6624 OR 556)South 0° 00'03" East,480.00 feet,thence leaving said easterly line(6624 OR 556)North 90'40'West,315.41 feet;thence westerly along a tangent curve fraying a radius of 85.00 feet,concave to the South,through a central angle of 32'38' 13",an are distance of 48.42 feet to a point of reverse curve,aradial line of said curve through said point bears North 32*38'13"West;thence westerly along a reverse curve having a radius of 200.00 feet,concave to the North,through an angle of 6 t' 11'23",an arc distance of 213.59 feet to a point of reverse curve,a radial line of said curve through said point bears South 28'33' 10"West;thence westerly along a reverse curve having a radius of 170.00 feet,concave to the South,through an angle of 28' 33' 10",an are distance of 84.72 feet; thence tangent to said curve North 40' 00'West, 278.15 feet to the point of beginning. Parcel Two 45'Easement Anon-exclusive easement for access,appurtenant to the above described lease parcel, 45.00 feet wide,the West side is described as follows: Beginning at the southeasterly comer of that parcel of land granted to Samuel L. Bernstein,et al.,as described in the Deed recorded April 6, 1972 in Book 6624 of Official Records at Page 603;thence along the East line of said parcel,North 0*00' 15"East,200.61 feet to the northeast corner of said parcel, said comer being the terminal point of this description. Parcel Three 5Q'Easement N A non-exclusive easement for access, appurtenant to the above described lease parcel, 50.00 feet wide,the East line is described as follows: Beginning at the northeast carver of that parcel of land granted to the Los Medanos Hospital District as described in the Deed recorded in Book 6624 ofOfficial Records at Page 556;thence along said easterly line South'34°57 25"East, 116.89 feet;thence South 0' W 03"East 258.06 feet to the terminal point of this description. Together with rights of ingress,egress anis maintenance over existing easements,;driveways or landscaping which may extend over DISTRICT's adjacent land. EXHIBIT B Property situated in the City of Pittsburg, County of'Contra Costa, State of California, described as follows: PARCEL 1 :Assessor's Parcel 088-161-028 rI Parcel A as shown on the Parcel Map,M.S.No.679-96,filed May 29, 1997 in Book 4171 of Parcel Maps,Page 18,Contra Costa County Records. to PARCEL 2 :Assessor's Parcel 088-161-013 Parcel A as shown on the Parcel Map filed July 28, 1976 in Book 47 of Parcel Maps, Page 13 Contra Costa County Records. PARCEL 3 :Assessor's Parcel 088-161.-031 Parcel D as shown on the Parcel Map,M.S.No.679-96,filed May 29, 1997 in Book 171 of Parcel Neaps,Page 18,Contra Costa County Records. PARCEL 4:Assessor's Parcel 088-521-020 Lot 68 as shown on the map of subdivision 5492 filed January 22 1980 in Book 234 of Maps,Page 35,Contra Costa County Records. PARCEL 5 :Assessor's Parcel 088-521-021 Lot 69 as shown on the map of subdivision 5492 filed January 22, 1980 in Book 234 of Maps,Page 35,Contra Costa County Records. IE soft' Parcel Number: APN 088-161-031 Grantor: Uecker&Associates, Inc. Project Name: CCCFPD ACO &Relocation Station 84Address: One Front Street, Suite 1550 San Francisco, CA 94111 Project Number:'7038-6X5196 PURCHASE AND SALE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND GRANTOR NAMED HEREIN This Agreement'is entered into by and between a Camra Costa County, a political subdivision of the State of California hereinafter referred to as "County";and Uecker & Associates, Inc., as disbursing agent for the reorganized Los Medanos Community Hospital District pursuant to that certain Joint Plan for the Adjustment of Debt(August 18;1098)of Los Medanos Health Care Corporation, a California nonprofit public benefit corporation, and Los Medanos Community Hospital District, a political subdivision of the State of California Nos. 94-4-2864-J AND 96-1356-j (jointly administered), hereinafter referred to as"Grantor'. RECITALS Grantor is the owner of approximately 83,200 square feet of real property located in the City of Pittsburg, Contra Costa County, California, described on Exhibit "A" and shown on Exhibit'`B" 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 recent 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 County's Governing: Board. This Agreement is effective on the date approved by the County's Governing Board ("Effective Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the County. 2 Purchase and Sale, 'Subject to the terms and conditions in this Agreement, Grantor agrees to sell and County agrees to purchase the Property: 3. Purchase Price, The purchase price, for the Property shall be EIGHT HUNDRED THIRTY FIVE THOUSAND DOLLARS ($835,000.00) ("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 small vest in County by the recordation of the deed herein pursuant to Sections'' 4986, 50182, and 50801 of the Revenue and Taxation Code of the State of California, if unpaid as of the date title vests. 3.2`. The Purchase Price shall be paid to Reorganized Los Medanos Community Hospital District, c/o Uecker&Associates as Disbursing Agent of Los Medanos Health Care Corporation. 4. Conditions to County's Performance.' The County's obligation to perform -under this Agreement is subject to the following conditions; t G:tGrpData\RealProp\Carlalpurchase agreernentstUECKER:CCFPD 54 changes 5-1-03.doc t (FORM'APPROVED BY COUNTY COUNSEL 5/95) 41. 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 obligationsunder this Agreement. 4.3. The vesting of title to the Property in the County by grant''deed in feesimple 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 december 10, 2002, issued by Placer Title Company: A Covenants, conditions, restrictions and reservations of record, listed as exception(s)No. 8. B. Easements or rights of way of record over said property, listed as exception(s) No. 3, 5, 10, and 11. 4.4: Placer Title Company is being prepared to issue a CLTA title insurance policy in the full amount of the purchase price,subject only to the Approved Exceptions("Title Policy„) If County determines that any of these conditions have not been met, County 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, County and Grantor establish an escrow („Escrow") With 'Placer Title Company, 1981 N. Broadway, #100 Walnut Creek, California, their Escrow No. 615-66-25 ("Title' Company"). Grantor'hereby authorizes' County 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 Die Insurance. The County shall pay all escrow and recording fees incurred' in this transaction and, if title insurance is desired by the County, the premium charged therefor. 5.2 Grantor`qDeposa into `screw. 0n or before the Close of Escrow, Grantor Will deliver into Escrow with the Tile Company the following documents; A. A grant deed', in recordable form and:properly executed'on behalf of Grantor, in a form approved by County (Grant Geed"),conveying to County the Property in fee simple absolute, subject only to the Approved Exceptions. B. Copies of any effective leases, rental agreements or any other agreements,;if any, which the County has agreed in writing are to remain in effect after County takes title C. Grantor's affidavit of nonforeign'status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended f26 USCA§1445] ("FiRPTA Affidavit"); and D. Grantor's affidavit <as contemplated by the Revenue and Taxation Code § 18662 ("Withholding Affidavit"). 5.3. Deposit of Purchase P 'c Info Escrow by County. Prior to the Close of Escrow; County will deposit the Purchase Price into escrow with the Title`Company. Escrow shall close on or before June 30 2003 5.4. Close of ac=&. Escrow shall close upon the conveyance of the Property to the County ("Close of Escrow). on the closing date,the Title Company shall close Escrow as follows; 2 G:1GrpDatalRealProp\Carfalpurchase agreementSAl}ECKER CCFPD 84 changes 5-7-03.doc (PORM-APPROVED BY COUNTY COUNSEL 6,/99) s s e A. Record the Grant Deed, marked for return to the County care of Carla Peccianti, Real Property Agent for the County(which shall be deemed delivery to the County), B. Issue the Title Policy, if requested to do so by the County;` 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 orcin behalf of Grantor E. Prepare and deliver to the County and to the Grantor one signed copy of the Title' Company's closing statement showing all receipts and disbursements of the Escrow. If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title; Company shat[notify the Grantor and the County and retain all funds and documents pending receipt of further instructions from the County and Grantor. 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 County. Grantor represents and warrantsto the County that as of the date of this Agreement and as of the Close of Escrow: 6.1. Marketable Title. 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 County in writing. Commencing with the full execution of this Agreement by 'bath 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 County after the Close of Escrow without' the prior written consent of the County. 6.2 C'mclition of Prtzm er v. Grantor hes disclosed to the County 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 County either directly or through'Granter's agents is accurate to the best of Grantor's knowledge and Grantor has disclosed all material facts that are known to Grantor with respect to the Property. 6.3 mer Matters Aaftecting Prop roc : To the best of Gra'ntor's:,knowledge, there are not presently any actions, suits, 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 Grantor's knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Property. Grantor shall promptly'notify County of any of these matters arising in the future:` 6.4 �ragt rc� 's Agen 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. i 3 G:tCrpDatMRealProp\Cariaipurchase agreernentsWECKER CCPPD 84 changes 5-9-03.doc (FORM APPROVED BY COUNTY COUNSEL 6/99) 7. County's Representations and Warranties. County warrants that, upon approval of this Agreement by the County's governing body, this Agreement shall constitute a binding obligation of the County. 8. ` Hazardous Materials. The Grantor hereby represents and warrants that, to the best of its knowledge, during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances'or hazardous wastes on, from, or under the Property. ,, r .._. Grantor further represents and warrants that Grantor`has no knowledge, other than as set forth in that certain report called Phase 1 Environmental Site Assessment dated March 2001 and the Summary of Laboratory Analytical Results — Soil prepared by World Environmental Services & Technology (WEST) a copy of which'Grantor has provided on April 15, 20€73 to Carla Peccianti, Senior Real Property Agent for Contra Costa County, of any disposal, release, or threatened''release of hazardous substances 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 County may elect'to recover its clean-up casts from those who caused or contributed to the contamination. 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 County at the Close of Escrow. 11. Assignment and Successors. This Agreement shall inure to the benefit of and shalt be binding upon ' the parties to this Agreement and their respective heirs,'successors,:and assigns: 12. 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: Susan Uecker Uecker&Associates, Inc: 1 Front Street, Suite#1550 San Francisco, CA 94111 Telephone: (415) 362-3440 County: Contra Costa County Real Property Division Public Works Department 255 Glacier Drive Martinez, CA 94553 Telephone: (925)313-2222 Attn: Carla Peccianti, Senior Real Property Agent or to such other addresses as County and Grantor may respectively designate by written notice to the 4 G:1GrpoataNRealProp\ arlatpurchase.agreernentsWECKER GCFPD 84 changes 5-1-03 doc (FORM APPROVED BY COUNTY COUNSEL 6199) E' f other. 13. 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 County and Grantor 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 County, 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 County's acquisition of the subject property'and agrees never to assert such a claim. 14. 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 pates, 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 Agreement. The Recitals are and shall be enforceable as a part of this Agreement. 15. 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. 16. Waiver. A waiver or breach of any covenant or provision 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 17. 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. 5 V f.... G:1GrpOataiRealProp\Cada\purchase agreements\UECKER GCFPr3 84 changes 5-1-03.doc (FORM APPROVED BY COU3TY COUNSEL 6/99) } f r 18.; 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 CONTRA COSTA COUNTY GRANTOR Uecker &Associates, Inc: RECOMMENDED FOR APPROVAL: as Disbursing Agent, ro &." eu-�— ':�Z- � By .16 P00,16, -.0 Carla P'eccianti Susan L. UWker Senior l Property gent By ©ate S/• 3, 6 K e Laws (Date Signed by Grantor) rin pal Real Property Agent APPROVED: By Maurice Public Works Director Date: 6/10/05 (Date of Board Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit A- Legal Description Exhibit B-Plat Map i s c 6, G:1GrpData\RealProp\Cartalpurchase agreernentslUECKER CCFPD 84 changes 5-1-03.doc (FORM APPROVED BY COUNTY COUNSEL 6/99) i EXHIBIT "A„ Fee Tide Parcel One of those parcels of land granted by the Los Medanos Community Hospital District to Uecker and Associates Inc., as Disbursing Agent for the reorganized Los Medanos Community Hospital District pursuant to that certain Joint Pian for the Adjustment of Debt (August 18, 1998) of Los Medanos Health Care Corporation, a California nonprofit public benefit corporation and Los Medanos Community Hospital District, a political subdivision of the State of California' (Case No. 94-4-2864-J and 96- 4-1356-J (Jointly Administered)), by grant deed recorded December 24, 1998 as document number 98-0324848, City of 'Pittsburg, Contra' Costa County California described as follows: Being all of Parcel D as shown and delineated on Parcel Map M.S. No. 679-96 filed May 29, 1997 in Book 171 of Parcel'Maps at page 18. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act: Signature: Licensed Lan SurveyorsVIE S�,L Contra Costa Counter Public Works 71f' Exp. 2-32-04 y� Date: w `.- .. No 5999 Rz:m G:\GrpData\Clerical\EXHIBITS\200a\Los Medanos comm Hospital Dist-dos } i i EXHIBIT "Bl r e ' LOVER1DGE ROAD ill 6 t ' � • 41t i � '1( 1� " R• '° * try 1 rsrFl 400 OR 3 av*co•a�rw r -��r t 1 in Vo .Jl.Hl 11.2003 11 16A cCC.'PUBLJ C WORKS TO:CLQ Cf' THE ARD Contra PUBLIC WORKS DEPARTMENT a cosh REAL PROPERTY DIVISION 114:F,rice ,Ulu coanty GlacierPuslir WikkS thlrgrtat JJulie fits n Martinez, A 94553`--4897 � � icmn a�, l'riz�sipaf it�al Pi'0ptrcy,lgcnt (925)3132220 FAX (925) 313-2333 Gate: Time: OL Cly:.. FAX COVER LETTER Please deliver a following Pages to* � 1 Name: Company: Fax No: From: Phone: (925)313 Tectal numroages including cover letter: I Message: ( } Oeiginal will nc follow. [ } Original will folow by(check one of the`following): " ReguW r Mail i Certs Mall, Return Receipt Requested F-xpra Mail Feder Express .aG,�scsa�sva+►m�rnsst�t�Rt�6+t��sc�lt6�l�+ p�rc�R asc j I I P.3-�----- Jr 11:16AM CCC...PUI IC t vS CONTRA COSTA COUNTY BOARD OF SUPERVISORS Adopted this Resol ition on June 10, 2003, by the following mote: AYES. HOES: ABSENT: RESOLUTION NO. 0031 (Gov. Code -2552 e5� SUBJECT: ACO Resolution No.20031 approving the Ouitclalm Deed of Cou ty inter of the Right of First Refusal for APIA OW161-031 to Elecke' Assoc tes, Inc.in connection with the purchase of the parcel for relooat n of Fire Station#85. Proje No. 70X5195 Phtsb Area The 13oard of upervisors of Contra Costa County RESOLVES THAT. Contra Costa my acquired certain property rights by Memorandum of L" a, Right of First Refu I on August 11, 1998, Document Number "1899739 in t e Pittsburg area,dose in Exhibit"A°attachedhereto. Said interest in APN 088-181-0 1 is DE MR MINED to a no longer necessary for County or other public purposes. 3 This Board he by APPROVES and AUTHORIZES the conveyance of said ince ost to Decker & Assoc` Inc. as disbursing agent for the reorganized Los Meda $ community Hospital Wet, pursuant to Government Code Section 25526,5, and Chair. Board of Su rvisors is hereby AUTHORIZED to execute a Quitclaim`Deed= behalf of the County accordance with the terms and conditions of the Memorandum f Lease, First Ri$ht o 'Refusal between Las Madanos Community Hospital Clstritot a d Contra Costa County The Real Property D' 'sien Is DIRECTED to cause said Quitclaim Deed to be delivered lb Placer Title compan , 1981 N. Broadway, #€100 Walnut Creels, catifomia, their Escrow No. 615-6625 for ptancei by grantee and recording, l CP:eh I hereby certtry that this is a trua and Co ta..GTp1XftVieatPmp=W-hues Oe&RE$\8P.26 iJe*W0D stun copy cif #n taken and entered on the minutes of the Soard of'Supervisors on the Orin.Dept: date wor � date shown, C� Carla Peek' CJ$3-2222 owtee( ) ATTESTED: Loft M� t,Cartel Chan Soave Order'Semw LAartc,Adm. JOHN SWEETEN,Clark of th+a hard of Supw visors and Cognty Aditn tratar ay Ctepu 4 r i } 3 I RESOLUTION NO.20031 � ` -tjo.613- P 4 1�.. .,' ._ JUN.11.20@ 11:16AM CCG PUBLIC WORK R W"ad at he requtm t c .,. Contra Costa County After recorcift rettop ti Susan L.Ueckcer ur&Aswlates, l One Front Street,Suter Sen Francisco,CA 941 1 Ass"Wes Parcel No, 8-161.031 Tale Co.Order No.6'15.6 25 I i I QUITCLAIMDEEB For a valuable const eration, receipt of which is hereby acknowledged, CONTRA COSTA C LINTY,a political subdivision of the State of California, Ids hereby rein! ,release and forever quitclaim to i; CKi R&ASSOCIATES,IN , AS DISBURSING A ENT FOR THE REORGANIZED LOS' iMEDANOS COMMIlleil1Y HOSPITALUISTRI PURSUANT TO THAT CERTAIN: JOINT PLAN FOR T' E ADJUSTMENT OF EST (AUGUST 18,1998) :CSF LOS MEDANDOS HEALTH R •CO PO TION, LIF IOA NONPROFIT PUBLIC BENEFIT CORPORATION,A LOS MEpAN C �+MUNITY HOSPITAL DISTRICT,A POLITICAL SUBDIVISION OF THE NATE OF C IFORNIA {CASE NOS. 94-4-28"J AND 98-13 (JOINTLY ADMINISTERED)the FIRST RICHT OF REFUSAL for Assessor Parcel Number -16 031 as described in a MEMORANDUM OF LEASE attached hereto and made a p hereof as Exhibit"A" `r the folkwft realproperty described in Exhibit"S"In the City f Pittsburg,Mate of Ca lfortlia. CONTRA COSTA COUNTY' Date-, By Chap, Boo of Supervisors COUNTY OF Ct3tV'rF2A't�� On. _ .before me. Deputy,Clerk of—the Beard of upervisom,Contra Cosi Cow*,personallyappesTad who is personally known to rn (or proved to me on t baesis of satisfactory evidence) be the parson(s)whose name(s)tstare'subscribed Vo a amain Instrument and ; acknowledged to rn�t that hash'dthtay executed the same to h&thermelr authotized clty(iaa), and that by hi"erAhaw manature )on the' strument the pereon(s) or the er r upon behalf of w vloh the'pangs)acted � executed the instnenent. By. Deputy Clerk f M t31t3 rii tatE llPa►pl2t3t#3-Fit tt# -6tDE.04 mer associates,-Irrc 1� Sit�1D3 � 1 t JUM.11. 3 11 15RM GCC PULL l C k UM5 P.W.CONSENT ITEM Agenda met June 10. 2 LQ� j Subje!categ (circa one) I 1. ROAD$TRANS ORTATI€3N I"T"EMS 2. ENGINEERING ERVICES ITEMS 3. SP9CIAL DIST T OR AIRPORT ITU4S AI PT e t an No. ti 31*** row' and au a Ctratir AQ of Sty 'sty to e:ac' ate the a� deedofCcrutt ' terestatheRi #cafFirst R zsatf API8 -161-031,%=uans to Gov"t Code Sectctu25526.5 in 00 mectionwrthtI ofttte xcel forrekWAtiOn Of Eke SWOU#85 P area Mo' eqk . vo " strict k '' No—,7038PL312G. Approved by: Div.;Head: Submitted by.- Supervisor: y Supervisor Attachments. Brea Order(s) Resolution Deed(Easement)copy(s)for Lard Clerk AtttY Contracts (Noo.__ for Public Works Director's signature? 0wr Documents to fallo w. • This form plus 'Boa Order/Resolution and all the atta�hrnents are due to the Real Property Secretary o Monday, not later than 5:00 p.m., two weeks prior to the of Supervisors meeting. c. Vtea r=a w+. t � l 1 ' I 1 ti Wma JUM.�t.Zem 11 17P ccc 1c P.3C IT"A" Title BYAND R t"TO, cm7m Cc= Co 94crr'da r c office Mme' L. MR, CcuntyF Reorder County of Contra C DOC - 9e�—O:LeS 34,"66 Gencrsl SWAM Acct 2 cage tit=le r '.t asday, VG 17, 19 08.00*0 3 � fi�aau�f,Rrtta $151 � 1220 Morello A S tC 1(lt? M $0,001; Ttl Pd $0.00 Or.00002Z'W98 Martinez, kS53-411 bit/R211-7 AttmataQll:Lease qr 1 MEMO UM OF LEASE � This of Lease and Right of Firs Uf uw orandum!)is dated as of FOSAMI 239& d is eutered into between the LOS h(WAN'OS C 014M 'ITY 1iC3S'1"TTAI tIISTRSCT, 'DISTRICT"),and COUNTY`OF CONTRA COSTA a political AL subdivision of the State o Cati mia("COUNTY`, iRecitals A. On or about I 1998 DISTRICT xrW COUNTY entered into a Lease CUM).pu=W to Whi DISTRICT lamed to COUNTY and COUNTY lamed fr= DISTRICT teat property. Ore parbo il+described m Eubit A arta ad hereto and an or d hem by a("Pt arises"},consisting of the fortuer,Los Modems Community nity I°Io tital facita ,comprising approxitwely 130,900 square fast of building and the land on wbich the building placed and associated grounds containing pwidng,landscaping and � other reda'ted amenities, , As more asticul ly set forth in the Lease,DISTRICT granted to CotNTY a Right,; of Fhat Refusal to lame or tI a the premises and 4ace nt land owned by the DIST'RIC'T as described on attached Fxlu t B. Cs DISTRICT and. FIN FY desacs to execute toss Memorarxiam to provide constructive notice of CO 5 rights mfr the Luse and the CC3UN Y's Right of First Rust to lane or Puurchasee Property(as defined heminbesl v)to all third parde& For good and valuabl o sideration,the receipt and adequacy of which are hereby admowledged,the parties as follows: 1. C:onveyan+ee and Term ;! k By this Memorandm that certain long form.Leue;between the DISTRICT and the COX NW of even d here' (then"Lease)DISTRICT leases the Premises described on RxMbat A to COUNTY fora oftwenty years,commencing on August 1,1998,and ending an July 31,2018. Tho subject to two five year extensions respectively commencing on August 1,2018 and ending 1 31,2023,and commencing on August 1,2023 and eaa"on July 31,2028. In addition,the as tett Smuts to COUNTY a right of first ref"("Right of First Wasall to lease orpurchme 1 or any portion of the real propatty more parrticulurty described in ErJnU B.atter hereto incorporated herain by reference,togs with all rights of Qranator to adjoining arms, is of way,essmeat4 all other appummsi t rights,and 41 paxsonal property on the R belonging to DISTRICT RICi"(colles vely"Property"). The Right of Fust Refusal is more articularly described in that Lame. T ha terms o€the Right of First Refusal has the sawe,term as Lame,including all extensions. 1' I 1 I I 1 curt.1t•2W3 x�.x cce xes 2. Terra go no terns of leave of the PrmUes to the COUN f aid the COUNTY's W&of l i vt.Real are semat laujA in the a se whichit lumporated in this Memomaadum by y, reference. 3. Successors and Aasdg ns This Memcrsaa the Imse and the Right of First Reft""bind and haute to ft bawflt of the lames toir raqwfiver heirs.suaxessom and Rs9*?I bject,hOwevcr,to the provisions ofibe Lave aftipment. i s 4. Governer Law This Memom the Leave azul the Ritht of First Refusal are governed by Ca i&=& I law. Ex+etaxted as ofthe daft trabove wrltteA, COUNTY; DISSTRiCT. COUNTY OF CONTRA ,STA LOS M—DANQS C OMMtThli'rY y a pobticol subdivision of Stats of a43Prm DWRICT- Dkeet of "1 rvices Al Prince, Presideut t APPROVED AS TO APPROVED AS TO FORM: minty CourAd By o a r. co , attorney or DIS C' By Doplay F . 1 1 } i ATTACH H ACKNOVAROGAU 19 I � � 1 •'�� e .,;w`./ titit.. ':X 777- �et f Jim WA— tow z ti ,u Y` h �A +i �� �,a s ®:_. y. $ k+:..� ,.. r ,.. a �:. s'&. '.• .= )! ti 1N � � � tl# ai _ • 9 #c • '�j yt ;, t �.� , #_ � a, ..t'. a t � B. a w .. , > _ .e , „♦ 5 f a (.. P x. F a #. �� l tl . r t# YYY }) f4 tea. i f �K •t , 9i �y M r; ■ P T9§O'.'1O!'fi=NT 3 x • a- $ - .e t�} irihiEk3 lr c s r o ;. w � ,t�i�t:.R - f � h r. { f\ f f al `[`c2 f� c,'=�: 'v .sG >c. .i-,, zG� x4«:-*flr.:. i4is:MLS..,wta's:r..;�. {6, t+.:<wL; rt,.r a�J''„vC.6.4.N,� r.,t✓=.s4 to ((" r a, i 5• � 3� ti k r �� ►� iF s. s s ` G _ • -eo-a sP i R <f 4 -�E l -0i jfS �>ky ,fit : # ..4 R # •. ':ti w: WIN Rfr_,HT Trt r.Ea,.add r€e,Nr 711UMBPRIP4TF I;fr4 NL vi :' int L w t y i U,. '-:a: .,m..�._.0 Axa.^s`..t L •:�?,,..✓,.. .,�:n, .�;c >a.:�„t;.v.':;'S-w:,.;iu rF <a-� G_-r.s:'t;;rE :�c...x:.z�ro4f«-�'u.•>: .L-F' vfin ;>'�: x.613 P 9 J 1 ,11.c 03 11' 18AM CCC PLMLIC SJt?ws F ET LEGAL DESCRIPTION All that real pr situp in the City of Pittsburg,Count3rof Contra Costa,Stag of California,desert as follows, Parcel One Lease Parcel A portion of Lot 1,in Block 9 of the'Official Map of Camp Strongroan,filed,fume 8, 1966 it Book 211-of aps at Page 36 in the Office of the County Recorder of Contra Ctx County describer;as 1SQws: C€arnmea:ing;at intersection of the northerly line of the East Bay Municipal Dis ct property as described"rt Book 50 of Official Ruords at Page 201,and the easterly line"f that parcel ofland tzl to the City of Pittsburg as described i the Deed retarded l� y 17',196'7 in Book 53 of Official Records,at Pada 46;therm along said easterly line(53 0 OR 46) Notch 0° (?t3' IS- East, 301,79 feet to the point of beginning;thence along s d early luxe(5370 0 46)North Q" 001 15"East,480.00 feet to,the southerly line of peel of land granted Sa uel L Bemskin,et al. as described in the.Decd recorded 1 6,11972 in Book 6624 ficial Reams at Pagc 503;thence along said southerly line(€wG OR 603)South 89"5 29"East, 199M fret;thence along the extension of said svutber? line(6624 OR 603)Sa 89"59,29"East 35.111 feet;thence easterly along a tangent cu having aradius of 3211. feet,Concave to the North,through a central eagle of 180 24'42', an arc distance of 102. feet to a point a radial line of said curve tbrou#h said point bear South 28" 24' l 1" ;thence North 09 OO'East, 93.67 feet;thence North 940 W Eas 330,W few thence S 0*W West,96.13 feat to a point,thence southerly along a cu having a rmadius of 90. feet.concave to the northeast,a radial line of said cures flu said point bears South 32'° 13'51""Fest through a central angle of 32° 13'51", an " distance of 5U3'f tangent to said curve North 90*#7t?'East 2 10.1 00 feet to the easterly line of that of land granted to the Los Modanos Community Hospital Uistric as described in theme dad in Book 6624 of the Official Records at,'Pap 556,therm' along said easterly lute 6624 OR 5.56)South 0"O('03"East,480.00 feet;thence leaviri said easterly line(6624 556)North 943"W Fest,315.47 fect;thence westerly along, tangent curve baying a 'diuss of 8$.00 feet concave to the South,through a central ang of320 38'13",an are ' Ce of 48.42 feet to a pmt of reverse curve,a radial line of } curve through said point =s North 32`38'13"West;dx=westerly along a reverse leaving a radio oft feeet,cxcave to the Aorta,through an angle of 61° 11'23",an ars distan of 213,59 fee# a point of revetse Curve,a radial line of said curve through said pant bears South 28°3 ''10'"West;thence westerly along a reverse curve havingt a radius' of 170.00 feet,coucavc to the South,through on angle of 28" 331 10", an amt distance of 84,72 feet; thence tang nt to said curve North 900 +Eli"West,278.15 feet to the point of y bogirtrrti ng Parcel Two 451 Eament A non-exclusive a meet for access,appurtenant to the above describedlease parcel, 45.00 feet wide,the'Wp side is described as follows; Beginning at the lrtastetly corner of that parcel of land granted to Samuel L. Bernstein,at aL.,as dcsc ' d in the Deed recorded April;6, 1972 in Book 6624 of Official Records at Page 6 3; a along the East line of sant parcel.North 4°(Kt''1 S"Fast,200.01 feet to the Adrtlxaast ter,ter of said parcel, said comer being the terminal point of this 7t}i[.11.2k 1 ii?1 1 CCC PLG_'C LJC 'FE zx i Pam]t'i"hr e SW Ease ent A non-exclusive sement for access,appurtenant to the above described ease par et, 50.00 feet wide,the litre is described as follows: Beginning at the t rtheast omptT of that parcel of land granted to the Las Meda s Hasgitttl District as in the Beed recorded in Book W4 of Official Records at Pt. 536;thence Gong easy lune South 34°ST 25"mast,'116.99 feet;theace South 0" " 03"East 258.€16 int the terminal point of this desmiption. Together with tight ing ss,egress and maintenance over existing easements,dnvewa a or landscapes which ay emend aver D STRCCT's adjacent land � k p i r y } I i 4 i i t i i I i i i I iutq.11.2M ",IBM CCG PUBLIC WOWS 2 EXHIBIT Property situated ' the City of Pittsbur8, County of Contra Costa, State of Califo °' , describe as followsOD }a PARCEL 1 ;Ass s is Parcel 088-161.0728 Patel A as on ft Farcel Mala,M.S.No.679-%,filed May 29, 1997 in 3 ak l71 of Petrel M Ws, age 18,Contra Costa County Records. PARCEL 2:Asses 's Parcel 088-IFI-413 Petrel A a sh an the Pace]Map filed July 28,.1976 in Book 47 of Parcel lvl , Page 33, Contra County Reds. PARCEL 3:Assesso 's Parcel 088-161-031 Parcel 13.as shc own on the Parcel Map,K S No.679-96,filed May 29, i 997 to Era k 171 of Parcel Maps,1 18,Contra Costa County Rec€srds, PARCEL 4:Assesso s Parcel 088-X21-020 Lot 68 as sho on the snap of subdivision 5492 filed January 22, 1980 in Book 214 of Maps,Page 35,Co a Cam City Records. I PARCEL 5:Assessor Farrel 098-521-021 Lot 69 as sho on the map of subdivision 5492 filed January 22, 1980 in Book 23 of Maps,Page 35,Co Ira Costa County Records'. i 1 3 1 r 4 JUN-11.200:3 11=21AM CCG PUBIC WORKS NO.614 P.1/26 TO:CLERK OF THE 130PPD � t.ktContra Costa REAL PROPERTY DIVISION Publit Woks feew ounty 255 Glades' thrive Martinez, CA 94553-4897 Duty Dirt° x Kmn A.taws r,�ipal rpt �Agro+ (s2�) ��-z2zc� � FAX {925) 313-2333 i ev. FAX COVER LETTER Please deliver thi following pages to: Name; Company; Fax No. From: jtA Phone; (925)313-229 7€�tal n�umher'�sf ges including cover letter. Ll I Message; Original will n t follow. Original will f llow by(check one of the following):' Regu err Mail CerW ed Mail, Return Receipt Requested Expre ss-Mail Fedei at Express i c. 3�aw��opsFtw�S�tsc+�ea{P�c�e�vF .cot JUN.11.2003 11=21AM CCC PUBLIC WORKS NO.514 P.3/26 THE BOARD OF L.-cRVISORS,AS THE BOARD OF DlK. :,ZTORS OF THE CONTIC k COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on J ine'1 d,20€3, by the following vete: AYES~ NOES i ABSENT; RESOLUTION NO.26 l (Government Cade§2635fl 9013 iSM. ADOPT ResolLtion No. 20031 to determine that the purchase of real pro petty is exempt from thi o requirements of the California Environmental Quality fact(CEQ ;and to consummate t purchase for the relocation of Fire Station 85 on Loveridge Rolf. Project No. 70 8-6305196. [CP 03-121 Pittsburg area. The Board of Supervi rs of Contra Costa County,as the Board of Directors of the Cont is Costa County l=ire Protection Distri t, RESOLVES THAT: The project will not ve a signiliicant effect on the environment, and DETERMINES that the project is exempt from the quirements of the California Environmental Quality Act as a Class 1 Categorical Exemption unde County Guidelines and Section 15312 of the State CEQA Guldeli es,and DIRECTS the Director of Co m nity Development to File a notice of Exemption with the Cnu Clerk and DIRECTS the Public: Director to arrange for payment of a$25.00 handling fee to thelCounty Clerk for filing and a $25.0€3 a to Community Development for processing of the Notice of F.ae r ptlon. This activity has been found to conform to the General Plan of the City of Pittsburg'. This Board on May 13 2003,passed Resolution of Intention No.2003/307 and Notice g June 10, 2003, at 9;30 A. I. in it Chambers, County Administration Building, 651 Pine Street, N artinez, California, as the time and'p ce whereit would meet to consummate the purchase of the real roperty described in the Grant D d therein from Uecker & Associates, Inc., as disbursing agfere for the reorganized Los Madanos mmunity Hospital District, said property being requited for firq station purposes. Said Resolution as duly published in the Contra Costa Mmes in compliance withCode Section 6063. +13� rp[iatat �lt'mpL20�3- �tesl Gs& fine us"r.dec i hereby cm*that this is a v4s and t otyect copy of an action taken and entered on the odg.Dtv» "Publie Works(PJP) minutes of the Board of supervisors on the Contact: C.Pacc anti(313 2 22} date shown. cc: Auditor-Controller{ ' R ') Public Works Actio rating ATTESTED: i County Recorder( Pa RtP3 JOHN SWI ETEl .Clerk of the board of Board Orders Se4 ir Clerk,Actin. Supervisors and County Administrator CONK Pion Public Works(E ) .Torres By duty COCFPD.D.Bens n RESOLUTION NO, 20031_ � -JUN-11-2003 II 22AM CCC PUBLIC WORKS NO.614 P.4/26 F I F Subject. Consummate pint ise and accept Grant Deed, Date: June 10, 2003 Page: 2 The Board iereby co ummates said purchase and approves the Purchase Agraemen dated May 13, 2003, between U r& Associates, Inc. and the District for a fire station site on Loyert e Road, Pittsburg, Dalin ia, nd AUTHORIZES the Public Works Director, or designee, to sfart the Purchase Agreement on be if of the Distri t Lo�o=eyping County:Auditor-C troller'is hereby DIRECTED to issue a check in favor of Pla r Title Escrow Not 6155-B 2S,for$835,000.003 for said pmperty for payment to Grantors,u 1 their td the 13strict a therefor. Said Deed, is hereb ACCEPTED and the Real Property Division is ORDERED to ave It ruled,together wit a€e fed copy of this resolution, 1 I I 1 I RESOLUTION No.20031 . 11:2003 11'22AM P CCC PUBLIC �K �'Z V r-t-A M1 M � IN i NO.614 P.5/26 60STA INITIAL STUDY COUNTY :. ENVIRONMENTA.I.. SIGNIFICANCE 1 I OJECT#7038-6X5'189 and 7038.6X5199 CP#83.13 ! PROJP-CT NAME: Fixe Sta 'tin No. 82 Sale (At och), and � Fire'Sta ion Nos. 84& 81= Sale and Acquisition of new sites(Pitt6burlo PREPARED BY: 'Trina To rres DATE:March 11, 2003 i APPROVED BY. DATE: M43 RECOMMENDATIONS: � (X) Categorical Exemption (C lass 12) () Negative Declaration } Environmental Impact Rep xt Required () Conditional Negative Declaration � The project will not have s si ificant effect on the environment.. The recommendation is based 4nthe following: This property is su pigs vernment property,which is not in an area of statewide,regional,or areawide concern as IdenMed in Section 16 46(bro).` { What changes to the pros ct ould mitigate the identified impacts N/A I USGS Quad Shoot Honke Bay and Antioch South Base Map Sheet 0&19, -20,F-19,&G-20(Pittsburg);1-24&:K-24 (Antioch) laarc@IS# (Ftttsbrurg IC91M Won)096-190-035,086-190�036,&08$-161-031„ (Pimbwrg Sate) $8-220.010&085-370-057 (Antirach S€€le)(I 1-101-017 , GENERAL CONISIC E TIO S: I. Location-, Fire Station No, 82 is Iia shed In the City of Antioch;(Figs.l.7, &'8). Fire Station Nos. 84 aInd 86 are located in the Cite Pittsburg. (Figures 1 ). 2. Project Des;cription. } Fire Station Nos.(FS#)82,84&85 etre obsolete and will be relocated.which includes acqBring I parcels and selling theexisting fire stations. The project consists of acquiring two want adjoining parcels(APN 86-190-035;approx. 1.45 acres artdAP 08 190-036;apprax.13.172 Cres} for F (rig. 3) nd one vacant parcel (APIV 088f6�- 33 ��tp�x, 0.87 acres)for F 5 (Fig. 4). Thep also includes selling iFS '84(APN 185- 7' 7) (Fig s),FSAS{, Ph1 088-220-010)10) '�Fig. 5 , and FS# 2(APN 071-101.017) (Fig. '8)at public auction. The Ity of Pittsburg wrote a Ca orical Exemption for the installation of the new FS &FS 88, tra Comma County previa sly acquired the new site for FS#82 (0'#99.57). General Plan Conformance will ba o twined from the Cities of Pittsburg and Antioch for this project. r e t Location. Fire Stati No. 82 is located in the City of Antioch (gigs.1, 7, & a). Fire _f Station Nos. 84.and 8 are located in the City of Pittsburg. (,F guru s 3.-r,). 3. Does it appear that$ feature of the project will generate significant public cone rn? [ yes I'x j no [l may (Nature of concern): 4. WIli the project requl approval or permits by anther than a County agency? t X I yes U no Agency Ames); General Plan Conformance l from the Cities of Pittsburg'and Antioch. 5. Is the project within t e Sphere of Influence of any city? Yes. (Pittsburg and Antf och) G:tcrpDat91Engseac\EW1R0k2O03 P 0JedrA0E0A\CatEX\F$82$ (Mt)-F$848s Acq&Sale(Pitt),doe z I 1 JUN.11.2903 11:22AM CCC PUBLIC14ORKS NO.614 P.E6/26 i CALIFORNIA ENVIRONMENTAL ENTAL QUALITY ACY + tion Cont-a Coste.Goonty CommxuiurY Deve1DepattEv"It 651'Pine Str 4 4th Fier-North'izg,McBri a Adruiriistration ft1d ng Martinez,CA 94553.0095 Telephone,(925)3S-2296 contact Person:Coca Sellgran-PublicWorks t. Project Description,Comr ion Name(if any)and Locabon:Fare Station No.82 Sale(Ants anal Fire Station gos.84&8i i Sale and Acquisition ofnew situ(Pittsburg),County File CPA 03-12.` Prn act Qespdptton: Fli a Station Nos. (;FS'#) 82, 84'& 85 are obsolete>and will be relocated, which Includes acquiring arcels and selling the existing fire stations. The project const of acquiring two vacant adj0 rt1ng parcels (APN 08 fi9D 0A*epprox. 1.46 sores and N 086-19 6, approx. 0172 acres)for F 84 (Pig. 3) and one vacant parcel (APN ti88-'t&3t 1,'pprox 0.87 acres)for FS#85 (Fig. ). The project also includes selling F6#94(AP�v 085-370-057} ( ig. s), F5 ;� (Ar-W 088-22 t�10) (Fig. s) , and FS#82 (APIV 07f-101-017) (Fig. 8)at- blic auction. The City of Pitts urg wrote a Categorical Exemption for the installation of the new F 4 &FS#95. ;Contra Costaounty previously acquired the new site for'FS#B2(C:P#99-57)'. Ce ral Plan Conformance will obtained from the Cities of Pittsburg and Antioch for tt is p ject, proiegi t gcnggn:Fire.S 'on No.82 Is located in the City of Antioch (Pigs.1, 7, & a). Fire Station Nos.84 and 85 a e located In the City of Pittsburg. (Figures 1-6) . This project is exempt from CE as W. mirweriaal Prajed(see.16268) Other Status Exemption,'Section De Emercen { 15269(a}) ral Rule AppUmbft(Section I W61 )(3) _ Em flcy Pr6ject 5 . 15269 )or r°(0) Categorical Exemption, s for the following r on(s):This property is surplus government property,which is not in an area of statewide, el�ional ' or area wide concern as identified in Section 152016(b)(4). I Deft: By: Comrnunity Dov opal mentDepartrnent Representative AFFIDAVIT OF FlUNG AND 1363TW 1 declare that on 1 received and pasted this notice as regglred by California Public sources a SeWon 21952(c)' said notice will remain posted for 30' days from the fib g date. Signature i Applicant: County Public Winks Repartm i nt 256 Gladw Drive Martinez,CA 945$3 AM, Mina Torres County Clerk Fee$54 Due G:lfsrpDatakEngSv4ENVfRO 03 Project tCEQAoETS 82 Sale(Ant)-F8 84&85-Acq&Sale-(P1 t),doc JUN.11.2003 11:23AM CCC PLH3LIC WORKS NO.614 P.7/26 CALIFORNIA ENVIRONMENTAL QUALITY ACT I Noticsol.ex of Exemption Con ra Costa County Community Development Department 651 pine''S eet,"4th Floor-North Wing,McBrien Admiuisw4on Building Martinez, CA 94553-0095 Telephone:(925)313-229C contactperson:Cecc l -PublicWorks DeDt. Project Description,Com on Name(If any)and Location:Fixe Station No.92 Sale{Anti and Fare Station Nos.84&Q 5 Sale and Acquisition of now sites(Pittsburg),County Ale CD e 08-12. Pro a l esc� f Ire Station Nos, (FS#) 82, 84 & $6 ,are obsolete and will be'relo ted; which includes acquiri yparcels and selling the existing fire stations. The project co sts of airing two vacant ad, tning parcels (APN 08&190-tom;approx. 1.45 acres anidA 1086-19"36, approx i)?12 acres)for S#84 (Fig. 3) and one vacant parcel (APN 088-li Al,A$prnx. O 87 acres)for F 5 (Fig. 4) The project also'includes selling FS#84(APN 086-370µ057) f Fig. 5), F'S985 (APN 088-22)-010) (Fig- 6) , and F5#82 (APN 071-101-017) (Fig. a)'at ublIC auction. The City of Pittsburg is 'responsible for conducting the CEQA for the new F" 84 & FS 85. The new site fi ir FS#82 was previously acquired. General Plan Conformance II be obtained from the Cities of Pittsburg and Antioch for project Projec#Lo tion: Fire #ion No. 82 is located in the City of Antioch (pigs.1, 7`, & a). Fire Station Nos, 84 and $5 are located in the City of Pi sburg. (Figures 1-6). This project is exempt from CE GA,as e Ministerial Project(Sec, 16268) Other Statutory Exemption,Section Declared Emergency(Sec. 1"M(e)) ® General Rule of AppticabVity(Section 16061 )(3) _ Ernergwr- Project(se D.i x289(b)or(c)) Gategorlml Exemption s,_,,:L ' for the following mason(s);This pi olxh,.Yty is s ri*s government property,which is not in an area of statewide regional, or area wide concern as id+entifie in Section 15246 (b)(4). Gate: By: Cnmiii unity D C oprnent D eprartmen pre tat+v WiE)AYtT OF FILING VND POSTING I declare that oi i I reoeived and pasted this noffee as required by Cailfotnia Public Resouron Coda Section 21162(c), Said notice will remail posted for 30- days from the III ng date. SignatureRUe i Applicant: Coup Public Works bep ant i 256 acier Drive Martirtez,CA 945' 6ttn: Tri Torres County Clerk Fee$60 Due G:\GrpDatMEngSv6ENV1R01 a=Projects10EGAiNOETS 82 Sale(Ant)-FS 84&8 Acq&Sala4Pitt).duc 3'UN.11.2003-11-*23nll— JCCC PUBLICWORK Bf26 Aw . � I 3 _ 1 st W � t F 1 `" { z JUt-4,11.2003 11=23AM CCC PUBLIC WORKS NO.614 P.9f26 !i' t' • t Nx z�Y, 'h Er}■+ 0 . ,r.. � �.r r n ty ice• t 1.� 1 °)TfE9.f�•'�a _ �'k '3r .•� $ S�ar��.r 1 * '� fs �°"`a� J;�1q ' - � ` �j �Xt r v; a v � ty� k�r`T° `Y5, •'� r���¢.-€ '-T4y ' Vis; �' . ,� � �� "�' '3'��t�r�t�f" � �,''} �+.•,��?� t'• r f '�•�M� d .if,r '�ktT ;�� „•P�.AY�n � t r :� '� ,p� �'. d .ii s �• :y lis r ? i,f p� ,jt p .+ � `�1' � ._ 4�e�`�'�'1 �P :: � va�S E,�a•`"y�.z��rq. �iy`x.* r sC. ��nky.'�"2yr .�:; � .. 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L!• .>., r, g F3 .��''f�'�".a•�••,3 T T k 3 r z. -. sY-ir ;� ` •-.s x'�43x: ��'.p�a' c jA s ����1„fit ,r.�k� ri... �1�5��.:�khS tial t'' ',a•z,'%{ a„p �i” i ;',.°�, .s;a�'»^ �'� - s�cg1ee�t +•�, -?+�•X �.#kt7� �` ,t� v� r k''.rp �w .. �g :+ ~ bk °w 'res i 9� I { P.11�26" - s CCS 3 .11.2M llr2� F'liB ' '3 x t .i Po i OVT LOVER106 R�tA6 � --�--- c � C,, ZZ jo .i �A ;n .•m a,- � � ., 1 •, , IS - x 4 1 a' gas CL a to Q 0.614 p.12!26 JUN. } :' a. .) L , ti p� 0 02 It Ou Ike o C) co.� o n ` kw fig o I t % JUN.11.2003 11:26AM CCC"PUBLIC WORKS N0.614 P.13/26 J L "ARS£?R ST w . .. fn ,r ws Y Y +pVI a yy ir/ Ica den r rJf ' �. Y I to , r► 1 � N s t .:tea 7f Q " aha •ams a, #_ A x�ti '�« E # .+ :� � '`meq �.. �' ��•, y,�i � s� gl "ig" h.M l s.P 1;h ra dTM t r. t _ d � 7 � s � ;� t� ,.) vE j�,b •�� A� � w k� *�`� r k� d i'+3 F���. R- i a ° r gid R � s.� � ! 1.k� '91 � �9`�(a r� .'k •tea,, 4'y ���C� ��4�r��[+6� '�}�'N� e` 141117! 1, rlik 'f+y ra �'`� "6'•� Eia"v�b L; V`'F s C c c i1,;, t. 'f'+ �. ,1��mppe[[ of }�3�' �r F✓€. ka.,,�p� %k `[? � °b ���° '�� € k' t .7 � � .+; R.TRIM L. 'xT'` F r v x a,f y i q�� # t� 'gni"• t !��i 3Kt � � �t k 7 Vim. �! tµ 7Ad b ' j ,! 1tR e rt�p '� � ,y� ��"'(�< �,. ��,,�¢ "�`. @@}p-�_ �e��^`�-tel �, � � �'� i�, •.�� WINE d ' r!d B '$ h b G"dt•,'.. ,p y f« t� ; ,F" d 0.':` i 0 21 (yl��r*y l' ,S� ' °fig 9 i 'A�, i a�lrt 1'".? "��`itq�'i k p� ' ` �• , w d ^. JUN.11.20@3 11-PeAm CCC 'PUBLIC WORKS IO.614 P.15/26 SAN "OU N t FrT2PATMCK AVE) A/E cs'e w � C •U# Mr ', • ALM MtNAM STRMT *� «m 0000 OAS �. _ `'o O �+ --A t d � w g G) SOL sm A z! C 19 $ �ti ea ro �c N + 1 N -> Ov e L :i• i i i i I 1 • ♦ • a- e» a-t � a 4 ♦ • t t : a • A s .. t !s a• � pt - se I i � i ss 3 ' - s, a - .t -- - !t _ ca ,y s' • - east � ,s ' r♦ s ♦ t _ _w 4 a _�:v,s t _ ;,.-t � ! :as:a :. t _ ♦ .s *_ s ♦ i • 3 >. a ...;..>. ,' 4.. - ! :.: � �r 4" w! s 'ti st, y»' ,. i♦ �.a Ws ♦ » *_, i R #`mm 0 • �s.s - • • ars • s � 4;: : er a# a F Jum-ii.2w3 11 2ew CCC PUBLIC WORKS N4.614 P.17/26 4.1. Granter's rep' btu s and warranties In this Agreement bei orrect as of the date lof this A�gemant and a t�f the Close of ESGId++U. i I 4.2. Grantors perf nce of all obligations under this Agreement. 4.3. The vesting of titl to the Property in the County by grant deed in fee simple absolute, fr and clear of all rens, cumbrances, assessments. leases (recorded and/or unrecorded), a taxes except the followt "Approved Exc epboW as outlined in the Preliminary Report dated 0 ber 1€},2002,Issued Plan Title Company: A Covenants,conditions,restrictions and reservations of record,listed as exception( No.8, B. Easernen or rights of way of record over said property, listed as exceptions) N . 3, 5, 10, and Il 4.4. Placer Title Comp ray is being prepared to issue a CLTA title insurance policy in the full a aunt of the purchase prict,subject only to the Approved Exceptions("Title Policy"). If County determines t any of these conditions have not been met, County shall have thefight to terminate this Agreement delivering written notice to Grantor and,if app{icabls,the Escrow age;t 5• Escrow. By 'this Are nt, County and Grantor establish an escrow (-Escrow-) with PI r Title Company, 1951 N. Src adway, #100 Walnut Creek, California, their Escrow No. 616-66 (7tle Company"). grantor he eby authorizes County;to prepare and file escrow instructions with Id Title Company, on behalf of Grantor, in accordance with this Agreernent. This includes authorizatlo of the Title Company to withhok pro rata takes,liens and assessments on the property conveyed'. .1. Fea„ . The County shall pay all escrow and recording fees i' iii this transaction and, title insurance is desired by the County,the premium charged therefor. .2 nta On or before the Close of Escrow, Grantor will deliver Into escrow with the Title airy the following documents: A. A grant d ed In recordable form and property executed on behalf of Grantor, l a form approved by County ("Grant Geed") conveying to County the Property in simple I absolute, uoject only to the Approved Exceptions. B. Copies orf any effective leases., rental agreements or any other agreements, If art , which the Count has agreed in writing are to remain in effect after County takes titte. l C_ Grantors affidavit of nonforeign status as contemplated by Section1445 of the Internal Revenue a of 1986,as amended(26'=USCA§14451'("FtRPTA Affidavit");and l D. Grantor's affidavit as contemplated by the Revenue and Taxation Code �'' 18662 ("lttll'itho ing Affidavit'°). i ` 5.3. Mt 320 Price . Prior to the Close of Escrow, County will deposit the Purcl ase Price into escrow with the Title Company, Escrow shall close on gr'before June 30,200 I 5.4. 1.ss ,t Escrow shall close upon the conveyance of the Property to the Coun CGose of Escrow). On a dosing date, the Title Company shall d Escrow as follows : WURCKsR CCFPO 84 chwgos s- -aa.doc filo J&PVfVEA AN I AN.11.2M3 11:fitCCC PUBLIC WORKSNO.614 P.i8'26. A. Record thi Used, marked for return to the Cour` .are of Carla Pecdan i, Real i Property nt for the County(which shall be deemed deliWty to the County); I l S. the rt o Policy,if requested to do so by the County; C. Prorate tai as, assessments,rents and other charges as provided by this Agreeme t, } D. l�bwursea t the Granth'the Purchases Price.less prorated amounts and charges to be paid by or on bi thalf of Grantor;` E. Prepare e id deliver to the County and to the Grantor one signed copy of t6e Title Company' closing statement showing all receipts and disbursements of the Escrr". If the "t`aie Company is le to simultaneously perform all of the instructions set forth above, title Company shell notify the Grantor and the County and resin all funds and documents pending r ceipt Of further Instructions from t e County and Grantor. � I Grantor's Represenfat ns and Warranties. Grantor makes the following re resentati s and warranties with the and 'standing that these representations and warranties are material and a' bele relied upon by County. Grantor;repents and warrants to the County that as of the date of this Agreement and as of the Close of Escrow. 6.1. Marko-table "tle.` Grantor is the owner'of the Property and has marketable and insurable fee simple titie to the roperty clear of restrictions,lease,,liens and Cather encumbrances,subject only to the,'Approved xceptions. No,'leases, licenses, or rather agreements allowing any th` party rights to use the roperty are or will be in forte unless prior consent has been given by th County in writing. Corn arcing with the full execution of this Agreement by both parties and rail the Close of Escrow.Grantor shall not permit any liens,enwirribrances or easements to be pI d on the proper oth than the Approved Exceptions, nor shall Grantor enter into any agree nt that would affect the roperty that would be binding can the County after the C of Escro without the prior written sent of the County. 6.2 coadium of P Grantor has disclosed to the County all information, reoords a studies maintained by G ntor in connection with the Property conceming hazardous substances nd that l Grantor i not ruling any knowledge of the ,presence of contamination' or h ardous substances circ, om car tattler the Property. Any information that Grantor has r epffff€ to the County either dir coy or through Grantor's agents is accurate to the best of Grardoes kn edge and Grantor h disclosed all material facts that are known to 'Grantor with 'respe t to the Property. .3 QW1hW#Wq hefing Eropedy To the best of grantor's knowledge,there are nut pr+es ntly any actions, suits, or proceedings pending or, to the best of Graintor`s knowledge,threaten against or affecting the roperty or the interest of Grantor in the Property'or,its use that wit Ito affect Grantor's abirdy,o consummate the transaction contemplated by this Agreement. Furth, there are not arty outs riding and unpaid arrlaitration awards or judgments affecting title to airy `crtion of the Property, ca the Crest of Grantor's knowl o there or* not presently any pe�►ding or threatened cQncl mnatiion,eminent domain or similar proceed Ings affecting the Proles sty. Grantor Shan pr�ornptly fy County of any of these matters arising in the future. 6.4 Qtaptaf a A That this Agreement and all other documents delivered prior to or at Close of Escrow have een authorized, executed, and delivered by Grantor. are binding obl` tions of the Grantor,and are coflectively sufficient to transfer all of Grantoes rights to the Props 1t t batty Rs ro 8dakow ass c tuECKER CCFPD 64 t rtt$54-03.Mc FCs%t APPffiovat) 4AL Y COW ro � JUM.11.2003 11:29AM CCC PUBLIC WOWS NO.614 P.19/26 7. County's'Representatio warranties. County warrants brat, ,pproval of this Agreer it by the'County's governing b ,this Agreement shall constitute a binding obligafion of th8 County. i 44 8, Hazardous Materials. T ie Grantor hereby represents and warrants that, to the best of its "dge, I' during the period of Gra tar's ownership of the Property, there have been no disposals,`.rele ses or threatened releases of ardous substances or hazardous wastes on, from, or under the Pr perty. sus nc , i Granter further represeni s and warrants that Grantor has no knowledge, other than as set fwthi in that certain report card Pha I Environmental Site Assessment dated March 2001 and the Sum ry of Laboratory Analytical Re ults Soil,prepared by World Environmental Services&"technology I� ESTE a copy of which Grantor ias provided on April 15.'2003 to Carla Peccianti,Senior Meal ProperC Agent for Contra Costa County of any disposal,release, or threatened release of hazardous substai ices or hazardous waste, on,fm n, or under the Property,which may have occurred prior to Grantor taking title to the Property, � The acquisition price of t ie Property being,acquired in this transaction reflects the fair-market alue of the Property without the presence of contamination, If the Property beim acquired is fount to be contaminated by the pre n of hazardous waste, which requires mitigation under Federal air State law, the County may ele 3 to recover its dean-up Costs'from those who caused or contributed to the contamination. 9. Survival. All of the termir, previsions, representations,warranties and covenants of the parties under this Agreement shall'survive he assignment, expiration or termination of this Agreement and shall t merge in the deed or other docu ents following the delivery and recordation of sold.deed or other documents, 10, Possession of the Prop rty.' Possession of the Property shall be delivered to the County at the lose of Escrow. t 11. Assignment and Sucre ors. This Agreement shall inure to the benefit of and snail be bindir ig upon the parties to this Agreerr ient and their respective heirs, successors,and assigns, 12 Notices. Alt notices '(in uding requests,' demands, approvals or other communications) under this Agreement shad be in wti,ting. The place for delivery of all notices given Lander this Agreement shall be as follows: Grantor: S an Uacker U cker&Associates, Inc, 1 rant Street,Suite#1550 Francisco,CA 94111 T phone; (415)362-3440 County. tra'Costa County RA at Property,;Division Pt blit Works Department 2 glacier Drive rtinez,CA 94653' To lephone; (925)313-2222 A : Carta Pecciantl, Senior Peal Property Agent or to such other adores s as County and Grantor may respectively designate by written noti to the G.%OmDaaxReajPropXG"xrrar a1 grch sea fftWECKM COWD 84 changes 5-1.03 ac (Pam "MOV + BY co cevus� Glias a i M114-11.2003 11:29Ar4 C C P'Jl3LIC WORKS.. NO.614 P.20 '26 Other. 13. Entire Agreement. The 3artles have herein set forth the whole of their agreement. T ince of this agreement constltut the entire consideration for said document and shall relieve the rty and Grantor of ail further o anion or claims on this account, or on account of the location, g e or construction of the pr ad public improvement Grantor has no ether right or claim to satlon arising out of or c*on ed wlih the acquisition of the subject property by the County, ex pt as specifically �t forth in is Agreement, including but not limited to all claim for compenss'on for improvements pertaining to realty, all claims for compensation for failures, equipment or ma*nesry, arttorneyV fees, coasts or damages of every Idnd and nature by reason of County's acquIsitict of the subject property and agre es neer to assert such a claim. 14r Construction. The n headings and Captions of this Agreement are, and the arrangemen of this Instrument rs,for the convenience of the parties to this Agreement. The section headings,captions and arrangement of thL4 instrument do not in any way affect, limit, amplify or modify,'the to s and provisions of alis Agree nt.This Agreement shall trot be construed as if itihad been prepared b one of the parties, but rather as If both parties had prepared it.They partiesto this Agreement and their unset have read and reviewed,this Agreement and agree that any rule of construction to the a ct that ambiguities are to be noofved Against the drafting party shall not apply to the Interpre of this Agreement,The Recitals are and shall be enforceable as a part of this Agreement. 15. Furter Assararsc s. Nhenever requested to do so by the rather party, each party shall 1,xecute, acknowledge:and defive, all further conveyances, assignments, firmation&, satisfactions, r leases, powers of attorney,Instn iments of further assurance, approvals, consents and all further instru nts and documents as may essary expedient, or proper in order to complete all conveyances, t nsfers, sem, atoll assignments der this Agreement, and do all comer accts and to execute, ac rrowle ge, and deliver all documents ars equested In order to carry out the Intent and purposes of this Agr ernerst � 16. Waiver. A waiver or I ireach of any covenant or provision in this;Agreement shall not be erred . waiver'of any other cove nt or provision'In this Agreement, and no waiver stall be valid upsi writing and executed'by the wet Ing party j 17. Severability. If any t irm or provision of this Agreement shall,' to any Ment, be held i valld or unenforceable, the rema nder of INs Agreement shall not be affected. )1 46 Toil t I I I r JUN 11.2003 1'1:30AMCCC PUBLIC WORKS NO,614 P.21x'26 18. eoverning Law arat Vo nu6"**.' 'ibis Agreement shall be governed: anw.�nstrued in accordawe with � California law. The venL a of any litigation pertaining to this Agreement shall be Contra Costa unty, $ California CONTRA COSTA COUNTY GRANTOR Llecker&Associates,:Inc. R,G- MENDED FOR APPRO AL: as i isWrsing Agent, t By Caft Peccianti Susan L. Lie er Senior R Property Ag + gate iJate Signet#by cantor) P n i Rear Property Agent By I tvl8urit�Sl"riu Public Works Director Data, (Date of mrd Approval 140 OWGATION 3THER THAN THOSE SET FORTH HEMN WIL,BE RECOGN(ZFt}' Exhibit A-Legal Description Exhibit'B—Plat Nftp E 3 `� 1 i`A iC Sd3 VR Fz COW)84 t#1 raes$-1-0$.dw tF APPROVSD $ cot= k'Y7Lm6"iy"Ir-'.$ ) JUN-11.2003 11 e30AM CCC PUBLIC WORKS ISO.614 P.22/26 { EXHIBIT 1W Fee Tidle Parcel Eine of those reels of land granted by the Los Medams Community Hospital' [district to maker am Associates Inc'., as Disbursing Agent for the reorganized Los Medanos Community Hospital District pursuant to that certain Joint Plan for the Adjustment of Debt ugust 18, 1998) of Los Medanos Health Care orporatiorr, California nonprofit pClc benefit corporation and Los Medanos Community He pita District,'a political sub vision of the Shite of California (Case lea. 94-4-2 -J and 98 4-'1356-J (Jointly Ad inistered)), by grant deed recorded December 24, 1998 a document number 9L324848, City`, of 'Pittsburg, Contra Costa County Califoml described as follows: Being all of Pa cel 1'3 as shown and delineated on Parcel Map M.S. No. 679-9 filed May 29, 1 97 in Book 171 of Parcel'Maps at page 18. j This reel property da scription Inas been prepared by me or under my direction, i conformance with the rofessional Land Surveyors Act. Signature: 17,f 404�— L need Lan surveyor S � C ria Costa County Public Works k Exp. 12-31- 14 Date: .sg 99i G1 N&WZ taAWMFT aft*Medmoa Canna Himpkal dtst.dcc j , i i W.(14 WRY Gam, 2.23 11: j voy 9 AO go 1$ 140 w ° e 1 Y *B' 3 7i X115 '�` ' 'JUN.11.2003 11:3" CCC PUBIC WORKS PO.614 P.24/26 I` i ' Recorded at.be reques of Contra Costa County Return to: Contra Costa County Pubs a Works Depart t Beal Properly Division 255 Glaser Bri'ue Martinez.CA 94553 Attn: Coria Peccl3nli', Assessor's Parcel No, Of -161-431 Titio Co. order No>61'5,%2 I' GRANT DEEB For Value Received,;.re rmpt of which is hereby acknowledged,USCKER:&ASSOCIATES.j INC.,AS DISBURSING AGENT FOR THE REORGANIZED LOS MWANOS COMMUNITY HosPi'TAL DISTRICT PURSUANT TO THAT CERTAIN JOINT PLAN FOR THE ADJUSTMENT OF o 8T {AUGUST 18,1998) OF LOS MEDANDOS HEALTH CARE CORPORATION,A CA IFO RNIOA N01 PRORT PUBLIC BENEFIT CORPORATION,AND LOS MEOANDOS COV IMUNITY''HOSPITAL DISTRICT,A POLITICAL SUBDIVISION OF THE STATE OF CAL WORNtA (CASE NOS. 944-2864-J AND 96-1356y (JOINTLY ADMINISTERED) GRA NTS to CONTRA COSTA COUNTY, a political subdivision of the State of Califbmia, the following described real property in the City of Pittsburg County of Contra Costa,State l; of California, I' FOR DESCRIPTION 15,EE EXHIBIT IWI ATTACHED HERETO AND MADE A PART I HEREOF. GRANTOR Ueeker and Associates, line. as Disbursing Agent Dam .� Su n Uecker A R ACWAPPROPRIATEACKNOWLEDGMENT G:��ro�aw��rP'r1��3-Fite, 3•a�Ueek�r a t►s;ocia .daa E i :?i -11.2003 11.30AM CCC PUBLIC WOWS NO.614 P.25/a16 i i STATE OF CALTORN COUMY OF On a - ,2:b tyre ma ��wY a Notay PubUc,State of CaWonia,duly c©t=ssioncd and$we ,'personal y appa" kdmr. personally laown tome to be the person whose r me is subscribed to the wirbin inett hent and acknowledged to me that she executed the same ii her authorized capac!%and thar by bAr sipatwe,on the insuvn=t the pees n of the entity upa i bdWf of which the petsou actecL executed the int aliment. I . W1'1`NM myband ao official sesi. j I Notwy Public,StatCalifornia Ivey con ission expire �k. 1 r s