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HomeMy WebLinkAboutContracts & Agreements_127b-2000_CCv0001.pdf DIRECTOR'S QUITCLAIM DEED NO. DK00?634-01-01 OPTION TO PURCHASE-CASH TERMS For the purchase of the real property in the County of San Bernardino as described in the above-referenced director's deed number. The undersigned,hereinafter known as buyer,agrees to the terms of this agreement and attached conditions, and further agrees to pay a purchase price of$810.00, or Eight Hundred and Ten Dollars to the State of California, Department of Transportation, hereinafter known as seller, for the above-referenced property. full settlement. The amount of$8.10. is paid herewith purchase price). i I + NOTE: This form must be completed and returned to Caltrans with the deposit by September 29, 1999. iThe remaining balance of the purchase price shall be paid by Cash,Cashier's or Certified Check,or money order payable to the "California Department of Transportation" within thirty days from the date of demand from the seller. Payment of the entire amount can be done at the time of entering into this agreement(before September 29, 1999). The property shall be conveyed by Director's Deed to: City of Redlands, a municipal corporation (PLEASE INDICATE VESTING) It is also agreed that all notices and matters arising in connection with this transaction will be given to buyer or by mail addressed to buyer at: City of Redlands ity Attorney's Otfice PO Box 3005, Redlands, CA 92373 The buyer shall pay all recording and documentary stamp tax fees,and any other applicable fees. Upon payment of the balance of the purchase price to the Department of Transportation,this Department will either record the Director's Deed, or deliver it to the buyer for the purposes of recording. SPECIAL NOTE:The buyer may take possession pursuant to the terms and conditions attached. All Provisions of the attached"TERMS OF OPTION TO PURCHASE" and the attached"AGREEMENT FOR POSSESSION AND USE" are hereby specifically incorporated by reference into the terms of this agreement, and buyer agrees to perform each of the said TERMS. Phone No. 909 798-7595 Buyer — Mayor Wil am E, unningham City of Redlands Attest: Beatrice Sanchez, Deputy City Clerk The terms and conditions of this agr-,ement are hereby accepted, subject to the approval of the California Transportation Commission and Caltrans. X `) Brice D. Paris,Regional Manager Southern Right of Way Region California Department of Transportation T FRMS OF OPTION TO PURCHASE (4) The right,title and interest in the property to be sold shall not CASH-CREDIT TERMS- This parcel is to be sold for Cash. All exceed that vested in the State of California,and this sale is subiect to offers or sealed bids shall be presented under cover and shall be all title exceptions and reservations whether or not of record,and all plainly marked an the outside cover. obligations as set forth in the Railroad Revitalization and Regulatory REQUIRED OPTION DEPOSIT: All offers/bids must be Reform Act,the California State Rail Plan,Railroad Grant accompanied by CASH,CASHIER'S CHECK or IN40NEY ORDER Agreement PR-CA-74,Agreement 08800-633003,Lease Agreement #7369-001-01,and any other agreement,lease,or contract regarding made payable to the DEPARTMENT OF TRANSPORTATION in the amount of the required option deposit. the re-establishment of rail service to Richmond Technology. OPTION PERIOD: The option deposit will be the consideration (5) The successful bidder/purchaser shall pay all recording fees. for the option period,the Iength of which is specified on the"Option documentary transfer tax,and other real estate transaction taxes or fees by whatever name known,including escrow fees and broker's to Purchase." The option period shaft commence to the day stated commission on the offer letter or upon receipt of the option deposit,whichever is if any,and personal property taxes where applicable. first. The balance of the purchase price shall be paid to or before (6) Should the successful bidderipurchaser desire a survey ofthe expiration of the option period. property,this may be accomplished by an independent surveyor at EXTENSION OF THE OPTION PERIOD: There may be the bidder's/purchaser's expense. No warranty is made by the situations wherein the option holder is unable to complete the Terms Department of Transportation relative to the ground locations of the of Option within the time allowed for reasons beyond his control. property lines other than monumented highway right-of-way lines. Under these circumstances,the State,at its discretion,may elect to (7) The successful bidderipurchaser shall be responsible for complying with local building codes and ordinances. All properties extend the option period. A charge of 1%of the sales price per are sold in an month will normally be made for such extensions. This charge ns emcondition. SHALL NOT be applied toward the purchase price. (8) All Caltrans employees may bid to acquire excess State owned FORFEITURE OF DEPOSIT: The option deposit and any properties except employees who have direct access to information not generally available to the public or who influence the purchase or additional option deposit shall be NON-REFUNDABLE in the event that the potential purchaser fails to exercise the option within the sale of Right-Of-Wav or other real properties. option period or fails to comply with any and all of the terms of the (9)l ropertv is sold subject to existing tenancies, if applicable. option as herein provided. ESCROW and PAPERWORK PROCESSING: The State will SEALED BID/OFFER FORM: Sealed Bid'Offer must be handle the transfer of the property at NO CHARGE to the successful submitted on a form issued by the Department of Transportation. A bidder except for regular transfer and recording fees. This is not copy of the sealed bid/offer form accompanies this notice. If the bid considered to be a formal escrow as there is no disinterested third form does not contain an original signature of the bidder.the bid will party. Bidder/purchaser may elect to open an escrow within 5 be rejected. Bid form may be photocopied in case of multiple bids. working days of notice of bid/offer acceptance with a mutually The"Option to Purchase"will be used in lieu of the sealed bid acceptable California licensed escrow company=at form.] bidder's./purchaser's expense. OPTION AGREEMENT: TITLE INSURANCE: If desired,successful bidderpurchaser may Sealed Bids/Offers: The Department of Transportation will notify obtain a policy of Title Insurance at his own expense. the high bidder/offerer,in writing,that the sealed bid/offer received SPECIAL CONDITIONS FOR STATE FINANCING: INOT was the highest and will be submitted to the California APPLICABLE,THIS IS AN ALL CASH SALEI State Financing Transportation Commission(C.T.C.)for approval. Upon award,the is available to qualified bidders on designated parcels if State bid form shall become an option agreement and the successful Financing is requested. To qualify for the financing,bidders must bidder/offerer shall be bound to the terms specified in the Sealed Bid submit loan applications with the sealed bids or during registration for vocal bidding and authorize the State to investigate and verify. Farttv'Option To Purchase. Vocal Bids: High bidder in vocal biddingwill be required to sign an Please call for an application package. This special financing is offered with an ACCELERATION CLAUSE and CANNOT BE Option to Purchase Agreement upon the award of the sale to the SUBORDINATED. The successful bidder shall on or before highest bidder,subject to approval of the CTC. TIE BIDS: In the event that two or more high bids(Sealed Bids)are NIA deposit an additional sum of tmoney which,when added to submitted which are equal in amount,the option shall be awarded to the option deposit,will equal at least.,0 percent of the successful hid together with a signed Note and Deed of Trust acceptable in form to a high bidder chosen by lot at the time the bids are opened. the State of California in the amount of the balance of the purchase SECOND HIGH BID: In the event that the high bidder{Sealed price. Said Note shall provide the balance of the purchase price with. Bids)fails to exercise the option within the option period the State may,at its discretion,offer the option to the second highest bidder. interest(fully amortized)to be payable in quarterly installments for a period not to exceed 10 years. Interest will commence the day after If the second highest bidder accepts the option,the deposit requirement and terms of option to purchase shall be the same as recordation of the deed. The principal obligation under the Deed Of stated in the Bid Form/0ption To Purchase,except that the option Trust may be repaid in full or in part at any time without penalty. period shalt commence on the day the option is awarded by the State. Each payment shalt be credited first on interest then due and the remainder on principal;and interest shall there upon cease on the LIMITING CONDITIONS: (1) The sale under this option is subject to the approval of Caltrans principal obligation and shall not replace regularly scheduled and the C.T.C. The option deposit money will be refunded without payments. interest if the sale is not approved by Caltrans or the CTC. The INTEREST RATE: 9.0%fixed rate for 10 years with no loan purchaser may take possession when the Director's Deed is filed for origination fees or loan points. recording(unless otherwise specified on the"Option to Purchase" LATE PAYMENT: A penalty of 5%of any payment which is paid more than 10 days atter its due date. form). (2) When the sate is approved by the C.T.C.and the purchaser elects ALL PAYMENTS: All payments must be made at the California to exercise the option,the option deposit will be credited toward the Department of Transportation,464 W.Fourth St.8th Floor.San bid purchase price. ORDER, payable to the order of the CALIFORNIA Bernardino,CA 92401, in CASH.CASHIER'S CHECK or MONEY bid The State reserves the right to reject any and all bids/offer and to cancel the sale in part or in its entirety,anytime prior to the DEPARTMENT OF TRANSPORTATION. Thesuccessful recordation of the Director's Deed. In the event ot`cancellation of bidder's/purchaser's optnot deposit will be retained by the State and sale and/or rejection of any bids,the respective deposits of money nett placed in an escrow or trust account and does not earn any shall be refunded without interest. interest. AGREEMENT FOR POSSESSION AND USE {Addendum to Options to Purchase for W007639-01-01, DD007639-02-01, DD007639-02-02} This Agreement is .made this day of 19 by and between the State of California, Department of Transportation, hereinafter leferred to as "State" andas "seller", and the City of Redlands, hereinafter referred to as "City" and as "buyer". It is hereby agreed by and between the parties that the City requires immediate possession of the State's real property to realign and widen Colton Avenue and Wabash Avenue from one lane to two lanes, install storm water drainage, underground utilities, overhead lighting, and landscaping, and construction of curbs, gutters, and sidewalks. The State's property is identified in the attached Exhibits "A, Bj & C." The property so identified is required by the City for the aforementioned street improvement project; the purpose of this Agreement is to allow the City to proceed with the construction of its street improvement project without delay. In consideration of the permission herein granted to the City, and any other consideration hereinafter set forth, the State and City agree as follows: 1. State hereby grants to City, its contractors, agents, and all others deemed necessary by City, the right to possession and use of the property. In consideration for this grant of possession and use, City shall purchase the property at fair market value from the State, therewith executing the State's "Option to Purchase" form and complying with the "Terms of Option to Purchase," including tendering a deposit of 50% of the purchase price of the property. City shall have the right to take possession of the property on the date this deposit is tendered to the State. The total purchase price for the three parcels is $4,550.00. 2. The City acknowledges that this property is not currently identified as excess to the State's needs and before the State can sell this property there are laws and regulations that must be complied with. The City also understands that the State can not guarantee that this property will ultimately be made available for sale. 3. It is understood that this permission is not a waiver in any way of the compensation for the property or of any remedy authorized'by law to secure payment therefor, or for any remedy authorized by law required to restore the property to its original condition. 4. This agreement is made upon the express condition that the State of California and any officer or employee thereof is to be free from all responsibility, liability, claims, suits, or actions of every name, kind and description, brought for or on account of injury to any person or persons, including the City of Redlands, or to property of any kind whatsoever and to whomsoever belonging, including the City, occurring on or about the premises or from any cause or causes resulting from the operations and/or use of the premises, or the property adjacent thereto, by the City, their officers, agents, employees, contractors, customers, invitees, and /or any persons acting on City's behalf. It is understood and agreed that the City shall defend, indemnify, and save harmless the State of California, all officers and employees thereof, from all liability, claims suits, or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property arising from any aforesaid cause or causes. The City waives any and all rights to any type of express and implied indemnity against the State of California, its officers or employees. It is the intent of the parties that the City will indemnify and hold harmless the State of California, its officers or employees from any and all claims, suits, or actions as set forth above regardless of the existence or degree of fault', whether active or passive, primary or secondary, on the part of the State of California, other than its sole negligence. s t ' 5. It is understood that in the event of an impasse in the negotiations for this property, or in the event that the property can not be made available for sale, the City shall be required to rent this property from the State using the State's rental agreement at a price based on the fair market value of the property; this rental rate will be subject to periodic increases as stated in the State's rental agreement. In any event a rental agreement must be entered into no later than 120 days from the date of execution of this agreement. 6. City agrees to secure from Richmond Technology, and provide same to State, certification that indicates all obligations to the United States Government, the Public Utilities Commission, the State of California, the Union Pacific Railroad, the Burlington Northern Santa Fe Railway, and Caltrans have been satisfied by Richmond Technology regarding the Railroad Revitalization and Regulatory Reform Act, the California State Rail Plan, Railroad Grant Agreement PR-CA-79, Agreement 08800- 633003 (between Richmond Technology and State of California), Lease Agreement #7369-001-01 (between Richmond Technology and the State of California) and any other agreement, lease, or contract regarding the re-establishment of rail service to Richmond Technology. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Recommended for Approval by: rence K. Moore STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Approved by: Brice D. Paris STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ACCEPTED: William E. Cunnin Mayo City of Redlands ATTEST: Beatrice Sanchezi- Deputy Cit Clerk EXHIBIT "A" Parcel 7369-01-01 That portion of the parcel of land conveyed to the State of California, situate in the City of Redlands, County of San Bernardino, State of California, by deed recorded January 24, 1980 as Instrument No. 80-020760, Official Records of said County, bounded as follows: On the North and South by the Northerly and Southerly lines, respectively, of said State of California parcel; on the East by the centerline of Wabash Avenue as shown on Record of Survey recorded in Book 36, pages 63 and 64 of Records of Survey, Official Records of said County and on the West by a line which is parallel with and distant Westerly 44 feet measured at right angles from said centerline of Wabash Street. 08-SBd-38-3.0-7369 (DK007369-01-01) This real property description has been prepared by me, or under my direction,in conformance with the Professional Land Survey ct. 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