HomeMy WebLinkAboutMINUTES - 04242007 - C.56 TO: REDEVELOPMENT AGENCY Contra
•.
FROM: John Cullen, Executive Director 6, Costa
DATE: April 24, 2007 Q u n ty
SUBJECT: First-Time Homebuyers Program Acquisition,Bay Point Area -
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed from Jose H.Vazquez and Maria
D.Vazquez for the purchase of 96 Enes Avenue in Bay Point identified as Assesso'r's Parcel Number 097-
037-007.
B. AUTHORIZE the Redevelopment Director to execute said Purchase and Sale Agreement on behalf of the
Redevelopment Agency.
C. DETERMINE that the activity, acquiring property,is exempt from the California Environmental Quality
ACT(CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
D. APPROVE payment of$368,775 for said property rights and AUTHORIZE the Auditor-Controller to issue
a check in said amount payable to Financial Title Insurance Company,2731 Hillcrest Ave., Antioch, CA
94531, Escrow No. 187816 to be forwarded to the Real Property Division for delivery.
E. Direct the Real Property Division to have the above referenced Grant Deed delivered to the Title Company
for recording in the Office of the County Recorder.
! G�
CONTINUED ON ATTACHMENT: F] YES SIGNATURE: /
❑ RECOMMENDATION OF EXECUTIVE DIRECTOR ❑ RECOM EN TION O GENCY COMMITT E
❑ APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF AGENCY ON 0JULtZV' ZCO
APPROVED AS RECOMMENDED VfOT/iER ❑
VOTE OF COMMISSIONERS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
`/ CORRECT COPY OF AN ACTION TAKEN AND
` UNANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE
AYES: NOES: REDEVELOPMENT AGENCY ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED _jotLt ��
Contact: Maureen Toms(335-7230) JOHN CULL N,AGENO SECRETARY
Orig: Redevelopment Agency
cc: CAO
County Counsel '
Redevelopment Agency By: Deputy
PW Real Property-C.Pina-Sandoval
SUBJECT: First Time Homebuyers Program Acquisition, Bay Point Area
DATE: April 24, 2007
PAGE: 2
Fiscal Impact•
None. No General Fund revenues are involved. Redevelopment Agency Housing Set-Aside funds (Fund
289301/Org 7885) will be used to purchase, hold, and resale this home.
Reasons for Recommendations and Background:
In September of 1993,the Governing Board approved a First-Time Homebuyers Program in the Bay Point Redevelopment
Project Area. In exchange for Agency assistance, participating homebuyers signed a Resale Restriction Agreement and
Option to Purchase ("Agreement"). The purpose of the Agreement is to provide the Agency with an opportunity to
maintain the affordability of the unit for another low-income household when the unit is sold or transferred.
The owners ofthis Agency assisted home notified the Agency that they wished to sell the home. The Agreement allows the
home to be sold at fair market value after the initial period of 10 years. The owners have lived in the home for 11 years.
The homeowners also received a deferred payment,interest accruing loan from the Agency at the time of purchase. This
loan now totals over $100,000 and is due to the Agency upon transfer of the property. The fair market value of the
property is a negotiated sale based on an appraisal of the property.
Consequences of Negative Action:
The Agency will not be able to keep affordable units in its program in order to satisfy Redevelopment law affordable
housing production requirements. A subsequent recommendation will be made to the Board of Commissioners when
a buyer has been identified, and a price set.
Recorded at the request of:
Contra Costa County Redevelopment
Agency
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 3lacier Drive
Martinez, CA 94553
Attn: C. Pina-Sandoval
Assessor's Parcel No. 097-037-007
Title Co. Order No. 187816
GRANT DEED
For Value Received, receipt of which is hereby acknowledged, Jose H. Vazquez and Maria D.
Vazquez, husband and wife?
GRANT to
CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing
under the laws of the State of California,
the following described real property in the unincorporated area of Bay Point, County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
'GRANTORS
Date AQ9j I- $5 'l�7
Jose H. V �)
zquez
Maria D. Vazquez
ATTACH APPROPRIATE ACKNOWLEDGMENT
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LEGAL DESCRIPTION
EXHIBIT"A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN AN UNINCORPORATED AREA,COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, AND.IS DESCRIBED AS FOLLOWS:
Lot#70,as said lot is so designated and delineated upon that certain map entitled"Eves-Ambrose Subdivision,
Fourth Unit," said map filed with the County Recorder of the 17th day of December, 1930 in Volume 21 of
Maps at Page 607, County of Contra Costa, State of California.
APN: 097-037-007
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Cr
County of. Cash ss. `,I 'I
On April 5 O before me, . b�t A �1 a�V e�
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared ��5� y�2���Z -V t ACA 9—A QL 0,QCA22(Q l)e-_Z_-
Name(s)of Signer(s)
L'personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
SONIA VAZQUEZ to the within instrument and acknowledged to me that
Comm.# 1597405 he/she/they executed the same in his/her/their
N NorARrTjlll cuurotwu authorized capaciry(ies), and that by his/her/their
Contra VA QUE
11f Comm.Exp.July 2ti,sppg�' signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESV my ha n and official seal.
Place Notary Seal Above
Sig re&Notary P is
OPTIONAL
Though the information below is not required by law,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: G ��
Document Date: A PPL 51 M-7 Number of Pages:
Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: Jose, k- \/Pq&Ql572_ Signer's Name: mom(A D • V�pc�'�2L�
dlndividual Ll� Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ElGeneral ❑ Partner—L7 Limited ❑General
❑ Attorney in Fact Top of thumb here E) Attorney
Attorney in Fact
❑I Trustee Top of thumb here
_
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91 31 3-2 402 Item No.5907 Reorder:Call Toll-Free 1-800.876.6827
Parcel Number: 097-037-007 Grantor: Jose H. and Maria D. Vazquez
Project Name: First Time Homebuyers Program Address: 4796 Snowy Egret Way
Project Number: 4500-6X5489 Oakley, CA 94561
PURCHASE AND SALE AGREEMENT BETWEEN
THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County Redevelopment Agency, a body corporate
and politic existing under the laws of the State of California (hereinafter "Agency") and Jose H. Vazquez and
Maria D. Vazquez, husband and wife as joint tenants (hereinafter"Grantors").
RECITALS
Grantors are the owners of approximately 4,950 square feet of real property located in the unincorporated
community of Bay Point, Contra Costa County, California and described on Exhibit "A" attached hereto and
incorporated herein by reference. The real property, including improvements thereon, if any, are collectively
referred to herein as the "Property".
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Effective Date. It is understood that this Agreement is subject to approval by the.Agency's Governing
Board. This Agreement is effective on the date approved by the Agency's Governing Board ("Effective
Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the Agency.
2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantors agree to sell and.
Agency agrees to purchase the Property.
3. Purchase Price. The purchase price for the Property shall be THREE HUNDRED SIXTY-EIGHT
THOUSAND SEVEN HUNDRED SEVENTY FIVE DOLLARS and 00/100 ($368,775.00) ("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 Grantors
as of the date title shall vest in Agency by the recordation of the deed herein pursuant to Sections
4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
3.2. The Purchase Price shall be paid to Jose H. Vazquez & Maria D. Vazquez, husband and wife as
joint tenants.
4. Conditions to Agency's Performance. The Agency's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantors.representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
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4.2. Grantors performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the Agency by grant deed in fee simple absolute, free and
clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
except the following "Approved Exceptions" as outlined in the Preliminary Report dated March 15,
2007, issued by Fidelity National Title Company:
A. Covenants, conditions, restrictions and reservations of record, listed as exception 5.
B. Other approved exception(s) 6 and 10.
4.4. Fidelity National Title Company is 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 Agency determines that any of these conditions have not been met, Agency shall have the right to
terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent.
5. Escrow. By this Agreement, Agency and Grantors establish. an escrow ("Escrow") with
Fidelity National Title Company, 2731 Hillcrest Ave., Antioch, California, their Escrow No.
187816 ("Title Company"). Grantors hereby authorize Agency to prepare and file escrow instructions with
said Title Company, on behalf of Grantors, in accordance with this Agreement. This includes
authorization of the Title Company to withhold pro rata taxes, liens and assessments on the Property
conveyed.
5.1. Fees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this
transaction and, if title insurance is desired by the Agency, the premium charged therefor.
5.2 Grantors Deposit into Escrow. On or before the Close of Escrow, Grantors will deliver into Escrow
with the Title Company the following documents:
A. A grant deed, in recordable.form and properly executed on behalf of Grantors, in a form
approved by Agency ("Grant Deed") conveying to Agency 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 Agency has agreed in writing are to remain in effect after Agency takes title.
C. Grantors affidavit of nonforeign status as contemplated by Section 1445 of the Internal
Revenue Code of 1986, as amended [26 USCA §1445] ("FIRPTA Affidavit"); and
D. Grantors affidavit as contemplated by the Revenue and Taxation Code § 18662
("Withholding Affidavit').
5.3. Deposit of Purchase Price into Escrow by Agency. Prior to the Close of Escrow, Agency will
deposit the Purchase Price into escrow with the Title Company.
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5.4. Close of Escrow. Escrow shall close upon the conveyance of the Property to the Agency ("Close
of Escrow). On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to the Agency care of Carmen Pina-Sandoval,
Associate Real Property Agent for the Agency (which shall be deemed delivery to the
Agency);
B. Issue the Title Policy, if requested to do so by the Agency;
C. Prorate taxes, assessments, rents and other charges as provided by this Agreement;
D. Disburse to the Grantor the Purchase Price, less prorated amounts and charges to be paid
by or on behalf of Grantors;
E. Prepare and deliver to the Agency and to the Grantors 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 shall notify the Grantors and the Agency and retain all funds and documents pending receipt of
further instructions from the Agency.
6. Grantor's Representations and Warranties. Grantors make the following representations and
warranties with the understanding that these representations and warranties are material and are being
relied upon by Agency. Grantors represent and warrant to the Agency that as of the date of this
Agreement and as of the Close of Escrow:
6.1. Marketable Title. Grantors are the owners of the Property and have marketable and insurable fee
simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only
to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party
rights to use the Property are or will be in force unless prior consent has been given by. the
Agency in writing. Commencing with the full execution of this Agreement by both parties and until
the Close of Escrow, Grantors shall not permit any liens, encumbrances or easements to be
placed on the property other than the Approved Exceptions, nor shall Grantors enter into any
agreement that would affect the Property that would be binding on the Agency after the Close of
Escrow without the prior written consent of the Agency.
6.2 Condition of Property. Grantors have disclosed to the Agency all information, records and studies
maintained by Grantors in connection with the Property concerning hazardous substances and
that Grantors are not concealing any knowledge of the presence of contamination or hazardous
substances on, from or under the Property. Any information that Grantors have delivered to the
Agency either directly or through Grantors agents is accurate and Grantors have disclosed all
material facts with respect to the Property.
6.3 Other Matters Affecting Property. To the best of Grantors 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 Grantors in the Property or its use that would affect
Grantors 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 Grantors knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the Property.
Grantors shall promptly notify Agency of any of these matters arising in the future.
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6.4 Grantor(s) Agency. That this Agreement and all other documents delivered prior to or at the Close
.of Escrow have been authorized, executed, and delivered by Grantors; are binding obligations of
the Grantors; and are collectively sufficient to transfer all of Grantors rights to the Property.
In addition to any other remedies that may be available to the Agency as the result of a breach of any of
the foregoing warranties or representations, Grantors agree to defend and hold the Agency harmless and
reimburse the Agency for any and all loss, cost, liability, expense, damage or other injury, including
without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any
of the warranties and representations contained in this Agreement and all third-party claims arising out of
or related to any facts or circumstances with respect to the period prior to the Close of Escrow.
7. Agency's Representations and Warranties. Agency warrants that, upon approval of this Agreement
by the Agency's governing body, this Agreement shall constitute a binding obligation of the Agency.
8. HAZ MAT CLAUSE 1030.f (Not Tested-Unknown Hazardous Material Use. The Grantors hereby
represent and warrant that during the period of Grantors ownership of the property, there have been no
disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or
under the property. Grantors further represent and warrant that Grantors has no knowledge of any
disposal, release, or threatened release of hazardous substance or hazardous waste on, from, or
under the property which may have occurred prior to Grantors 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 Agency may elect to recover its clean-up costs from those who caused or contributed to the
contamination, or are otherwise responsible under State and Federal Law.
9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge
in the deed or other documents following the delivery and recordation of said deed or other documents..
10. Possession of the Property. Possession of the Property shall be delivered to the Agency at the Close
of Escrow.
11. Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
Grantors: Jose H. & Maria D. Vazquez
4796 Snowy Egret Way
Oakley, CA 94561
Telephone: (925) 726-7095
Agency: Contra Costa County Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2012
Attn: Carmen Piha-Sandoval
or to such other addresses as Agency and Grantors may respectively designate by written notice to the
other.
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12. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of
this agreement constitutes the entire consideration for said document and shall relieve the Agency of all
further obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement. Grantors have no other right or claim to compensation arising out.of or
connected with the acquisition of the subject property by the Agency, except as specifically set forth in
this Agreement, including but not limited to all claims for compensation for improvements pertaining to
realty, all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or
dama„les of every kind and nature by reason of Agency's acquisition of the subject property and agrees
never to assert such a claim.
13. Construction. The section headings and captions of this Agreement are, and the arrangement of this
instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions
and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and
provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this
Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
14. Further Assurances. Whenever requested to do so by the other party, each party shall execute,
acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
powers of attorney, instruments of further assurance, approvals, consents and all further instruments and
documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers,
sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and
deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
15. 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 e;:ecuted by the waiving party
16. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
17. Governing Law and Venue. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
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AGENCY GRANTORS
Contra Costa County Redevelopment Agency
RECOMMENDED FOR APPROVAL: n
l
By d:�: By
Re roperty Agent Jose H. Vazquez
By By
rincip al roperty Agent Maria D. Vazqu
Date:
(Date Signed by Grantor)
APPROVED: .
By
Redevelopment Agency Director
Date
(Date of Board Approval)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
(FORM APPROVED BY COUNTY COUNSEL 6/99)
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LEGAL DESCRIPTION
EXHIBIT"A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN AN UNINCORPORATED AREA,COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Lot#70,as said lot is so designated and delineated upon that certain map entitled"Ener-Ambrose Subdivision,
Fourth Unit,"said map filed with the County Recorder of the 17th day of December, 1930 in Volume 21 of
Maps at Page 507,County of Contra Costa, State of California.
APN: 097-037-007