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HomeMy WebLinkAboutReso SPA 2-1983RESOLUTION NO. SPA-2-83 SURPLUS PROPERTY COMMISSION, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN."OFFER TO PURCHASEs~ REAL PROPERTY BELONGING TO THE UNITED STATES OF AMERICA AND AUTHORIZING CERTAIN OTHER ACTS IN CONNECTION WITH SAID PURCHASE WHEREAS, the Municipal. Federal Surplus Property Authority Law (commencing With Government Code Section 40500) (hereinafter "The Act") authorizes properly established and organized Surplus Property Commissions to purchase Federal sur- plus real property; and WHEREAS, this Surplus Property Commission is now organized and lawfully able to function; and WHEREAS, this Surplus Property Commission finds that it is ink. the ]Public interest that it purchase certain real property belonging to the United States of America, which real property has been declared surplus by the General Services Administration of the Unii~ed States Government; NOW, THEREFORE, BE IT RESOLVED by' the Surplus Property Commission of the City of South San Francisco that: i. The "Offer to Purchase" attached hereto as Exhibit "A" and incorp- orated herein by reference as though set forth verbatim is hereby approved and the President of the Surplus Property Commission is authorized to execute and submit said "Offer to Purchase" to the General Services Administration of the United States Government, and the Clerk of the Surplus Property Authority shall attest the President's signature thereto. 2. Upon the acceptance by the Un~'ted States Government of the "Offer to Purchase" on the terms and conditions contained in Exhibit "A," the President of the Surplus Property COmmission is hereby authorized to execute any contracts or other documents necessary for the purchase of said real property, and the Clerk of the Surplus Property Authority is hereby directed to attest the Presi- dent's signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Surplus Property AUthority of the City of South San Francisco at a special meeting held on. the llth day of May, 1983, by the following vote: AYES: 'Commissioners Ronald G. Acosta, Ma~k'N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri.Teglia NOES: None ABSENT: None ATTEST: ~~ Clerk -2- OFFER TO PURCHASE For and in consideration of the sum of one million four hundred seventy five thousand dollars ($1,475,000.00) to secure the obligations under paragraph "D" below, the Surplus Property Authority of the City of South San Francisco, hereinafter called the "OFFEROR," hereby offers to purchase from the United States of America acting by and through the Administrator of General Services under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377) as amended, and regulations and orders promulgated thereunder, hereinafter called the "Government," the property described in Exhibit "A" attached hereto and made a part hereof. A. Said purchase is subject to terms and conditions set forth in General Terms Applicable to Negotiated Sales, GSA Form 2041, attached hereto as Exhibit "B" and made a part hereof excepting paragraphs 6 (a), 8 (f) and 8 (g) which are deleted in their entirety. B. The OFFEROR shall pay to General Services Administration ten percent (10%) of the total purchase price as an earnest money deposit upon submission of the offer. The balance of the down payment (20% of purchase price) will be due and payable in cash within 90 days following the execution of this contract by the Government, C. The OFFEROR has the legal authority to acquire the real property described in Exhibit "A" and funds are available for the purchase of the property. The OFFEROR will use the property for the widening of Oyster Point Boulevard and possible improvements to the Oyster Point Boulevard/ Highway 101 Interchange. (1 of 3) De If at any time within a three-year period from the date of this sale the OFFEROR resells or enters into an agreement to resell any portion of the acreage of the subject property in whole or in parts, all profits received by or to be received at any time by the OFFEROR pursuant to such sale(s) or agreement(s) will be payable to the Government as additional consideration for this sale. Profits are defined as that portion of the total consideration payable to the OFFEROR under any and all such subsequent sale(s) or agreement(s), which exceeds the sum of the following costs: the purchase price paid by the OFFEROR (allocated on the basis of acreage) for the land so sold; plus land acquisition costs; plus property maintenance and insurance; plus financing; plus marketing and promotion; plus project administration; plus physical development (including road construction, storm and sanitary sewer construction, other public facilities or utility construction, building rehabilitation and demolition, landscaping, grading and other site or public improvements); plus planning, design, and engineering services. The foregoing sum of costs shall not include brokerage fees or any expenditures that are defrayed by Federal Government grants. The OFFEROR agrees that as a condition for allowances of any deductions claimed hereunder, the Government shall, until the expiration of three (3) years after the three (3) year period set forth in this paragraph, have access to and the right to examine any directly pertinent books, documents, papers and records of the OFFEROR and those of its contractors and agents involving transactions related to this contract. (2 of 3) The OFFEROR understands that the conveyance document will 'contain a covenant substantially as follows: "The Grantee covenants for itself, its heirs, successors, and assigns and every successor interest to the property hereby conveyed, or any part thereof, that the said Grantee and such heirs, successors and assigns shall not discriminate upon the basis of race, color, religion, or national origin in the use, occupanCY, sale, or lease of the property, or in their employment practices conducted thereon. The United States of America shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdiction." The date of assumption of possession will be the date of conveyance. IN WITNESS WHEREOF','THE OFFEROR has executed this offer this llth May , 1983. day of Surplus'Property Authority of the City of South San Francisco ATTEST: ~k~X~~ P'res~ de~t ~] (3 of 3) !. CGNDI'rIoN OF PROPERTY. Thc property ts offered "As I-." .tlld "~, I. I', I C' without r~.l~r~.s~,nlalzon, warranty, or ~ar- ntv a~ to qo redly, quality, t'l~tracter. Coltdltion~ sizt,, or ~k~. or th.~t Ibc s;inl~, is il1 condition or fit to be used for the ir~se lot wlm'h Intended, and no claim lot any allowance o~ deduCllOn upcm such grounds will be considered. 2. EARNEST MONEY DEPOSIT. The urger must be accom- sLttllt'd b'~' .~11 t'arnL, st nloney deposit in such an amount and such turin as may be required by the Govermuent, U~n co,fancy ol the u{fer, the dot. sit shall be applied toward p~y- mcat ol thc olieror's obligation to the Government. In the ~ ~,nl Ibc ,)ltcr is rejected; th~ deposit will be returned, with- om mwr~.~t, as promptly as possible after rejection pi the oiler. 3. CONTINX!ING OFFER. The offer shall be deemed to be a btm.tad ~ ontmui,goffer lrom the date of receipt until accepted sst rrjvcl,d hy Ihe Government: provided, however, that after 90 day~ i~avc elapsed from the d~te o[ receipt, the offeror not ~tvm~ received notice of rejection m~y consider his offer rcjertrd. .t,~d ii the Government desires to accept the offer alter ~uch 90-day period, the consent of the offeror thereto s~,ll be obtained. 4. NOTICE OF ACCEPTANCE OR REJECTION. Notice by the Govvrmncnt of acceptance or rejection of the oiler shall be deemed to have been sulficiently given when telegraphed or ma;led to the offeror or his duly authorized representative at the address indicated in the offer. 5. CONTI~\CT. These General Terms Applicable to Nego- tiated Sales. the offer~ and the acceptance thereof, shall con- ~,,tule an agreement between the offeror and the Government. h agreement shall constitute the whole contract to be sac- dod only by the formal instruments of transfer, unless ~.,.fied in writing and signed by both parties, lqo oralstate- meals or re~,resentations made by, or for, or on behali ol either party shall be a part of such contract. Nor shall the c~ntract, or any'interest therein, be transferred or assigned by the oiferor without consent o( the Government, and any assignment lransactior~ without such consent shall be void. 6. RESCISSION. a. The contract madeby the acceptance of the offer by the Government may be transmitted to the Attorney General of the United States for his advice as to whether the sale would tend to create or maintain a situation inconsistent with the antitrust laws. The acceptance of the offer by the Government may be rescinded by ,the Government. in case u.~fa¢orabte advice is received from the Attorney General. b. An explanatory statement of the circumstances of the proposed disposal will be submitted to the appropriate comnnt~.ees Of the Congress because of its negotiated character and the offer probably will not be accepted by the Go'.'rrm:;cnt until after the proposed disposal has bt.c, con- s;dercd by such committees. However, in any event, the G:.vernmcnt may rescind its acceptance at any time during th,: ,t*0-ckay period following such acceptance, if it is reasnn:d~17 determined by the Government that such action is just tried m the light of the circumstances then prevailing. .. An)' recission, pursuant to a or b, above, will be with ut i,d.'.ihty on the part of the Government other thanto re- ~rn the earnest money deposit without interest. · N 7. r~EVOCATIO~ OF OFFER AND DEFAULT· In the event of rc.~ocat~on of the offer prior to acceptance, or in the event ef a~). default by the offeror in the performance of th-. con- r~.~ERAL SER¥:CE*~ AD~IHiSTR~,,TION GENERAL TERMS APPLICABLE TO NEGOTIATED SALES (%~plu~. Reel P,ope,Ix) tract created I)y such a~:t't'pt;mt't,, thc deposit, tokvlh,.,r w~th any ixtyments subsequently made on acco:mt nlav h~. at the option Gl thc ~Vt, l'lllllCn{, in WlllVh cv¢;l[ Ih.. Iill, ror SMII be relier~ lrom lurther habihlc, or wll~out Iorl. the ~id de.sit ava !uyments. the Govermuem may avail sell o[ anF legal or ~uitable rights which it the offer or cnntratt. 8. OTHER TERMS APPLICABLE TO A SALE. a. As of the dateot assumption of ~)sst.ss:o~iol thepro- perry, or the date o! conveyance, wluch~ver occurs first. theol[eror shall assume reslm,stbfl~ty lot care and handling a~ all risks of loss or damage to thc property' and lucre all ~ii~tUons and liabilities of ownership. -, ~ Any tiUe eride~e which may by desirod hv the oth.r~.r ~11 be procured by him at his sole cost and exlmnsc. T~,' ~vernment will, ~wever, cooperate with flip olfcror or ~s authorizedagentin this connection, and wall aminationand inspecUon of such deeds, abslracls, ali:'!.~ ~: - o[ title, judgments in condemnalion ororerdm~-, or ,,?h. r ~uments relating~ the title pi th,. pr,.'li~s~.s Ih,. lnvolved~ as it ~}-~ave availablo. 1~ is und,:rsh,..d th.fl ~ Government will ~t ho obligated tn pay f,~r any exp, incurred in connection with title matters or saree:' p~perty. c. Upon assumption el possession o~' the proderty, or c,m- veyance of the property, whichever occurs first, the offeror s~allassumeresixmsibility for all general and special re~L a~ personal proper~ taxes which may have bee~ or m.~ v t~ assessedonthe pro~rty, and sums p~id, or dueto he paid. ~the~vernment in lieu of taxes ,mrsuant to statute'tv au- ~rity shall be prorated. d. In the event anofler to purchase Ior ca.~ and possession of ~he property is assumed by the oilcror prior to the.date of conveyance, the offeror .~hall procure and maintairt insurance at his expense, eflc. ct~**e ior the period from th~ date of assumption of possesmon to date of conveyance, for the be~xefit of the Government m such and amounts as may be required by tee Governm,:nt. com~n[es acceptable to the ~vernment. e. Conveyance of the property will be accomphshett l,.'; a quitclaim deed or deed without warranty and where apprn- priate a bill of sale, in conformity with local law ,,:rd practice. L In the event the offer to purchase is made on credit terms, financialdat:t, relerencesand suchotherinform.,t~oa asmaybe requested by the ~vernmcnt, shall be pronh:t[Y [urntshed by the offeror and thc following coati, fauns sh.,tl be applicable. (1) The Government's acceptance ut t!'.t o'/tot chase on ~redktterm~ nlay be rcscinde~ i,7 Iht. Gnv,.rn- ment, in the event o[ a n adverse lmding by lhe Govrrn- meat as ta the o[[eror's hnanchtl responsilnlity, w:th- out liability on the part of the Government other than return the earnest money deposit without interest. (2) Theoffcror shall procure and maznk~in insurance at ~sexpenseduring the term credit is e~ended effective as of the date of assumption of ~ssession of the pro- perty or thedateof conveyance, whichever occurs first, for the benefit of the ~vernment in such kinds amounts as may ~ required by the ~vernment. (3) Contem~ran~usly with the delivery m the offeror of documents conveying the property pure.seal, he s~ll exe~te and deliver to the ~vernment: fa) A bond or note. in form and substance satis- factory to the Government, evidencing his obligation ior paymentof thebalance of the purchase price; and {b) A purchase money mortgage, vendor's lien and mortgage, or deed of trust, in conformity with the practice of the State in which the property is lo- cated; the document in any case, however, to be In [ormand substance satisfactory to the Government, and in an)' event to Include: i. A restrictionagainst sale, lease (unless the property was offered without leasing restric- tions), or other disposition of the mortgaged property or any part thereof without prior written consent of the Government; ii. A requirement for provisions of insurance coverage satisfactory to the Government as to types of rishs, amounts, and insurers; iii. A provision that the principal obligation may be prepaid in full, or in part, on any In- stallment due date, without, penalty;. iv. A provision that partial payments made in advance of the regular schedule of payments shall be applied against the principal obligation in inverse order of maturity; v. Agreement on the part of the mortgagor to allogance o! reasonable attorneys' fees and costs to the Government in the event of foreclosure, and to a deficiency judgment (where not pro- hibited by State law} after foreclosure sale or exercise of power of sale in the mortgage; and vi. A requirement to provide financial data during the period of the mortgage as may be re- quested by the_~Government. (4) Interest shall be computed at the rate prescribed in the offer. Accrued interest shall be paid with each principal installment. g. The offeror shall on a mutually agreeable date not later than 90 days after acceptance o! ts~e of Ier, or such longer period as may be agreed upon In writing, tender to the Government the balance of the purchase price (if a c_.ash sale), or (if a credit sale) the offeror shall pay the balance of the down payment, and shall execute anddeliver totheGovernment the instruments described In f{3). above; and furnish evidence of insurance coverage. Upon such tender being made by the offeror, the Government shall deliver to the offeror the instrument, or instruments, of conveyance. In any event, if possession was assumed by the offeror prior to the date of conveyance, the offeror shall pay. in addition to the purchase money due. an amount required under the provisions of thc offer. h. The offeror shall pay all taxes imposed on this trans- action and shall obtain at his own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal and local law. All instruments of conveyance and security documents shall be placed ou record in the man- ner prescribed by local recording statutes at the offeror's expense, 9. OFFICIALS NOT BE BENEFIT. No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part o! the contract of sale or to any benefit that may arise therefrom, but this provision shall not be con- strued to extend to the contract of sale if made with a cor- poration for its general benefit. 10. COVENANT AGAINST CONTINGENT FEES. The offeror warrants that he has not employed or retained any person or agency to solicit or secure this contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Government the right to annul the contract without liability or in its discretion to recover trom the oiieror th~ amount of such commission, percentage: brokerage, or contingent fee in addition to the consideration herewith set forth. This war- ranty shall not apply .to commissions payable by the offeror upon the contract secured or made through botm fide estab- lished commercial ageO~ies nmintained bythe offeror for the purpose of doing business. "Bona fide estab!ished commercial agencies" has been construed to include licensed real estat~ brokers engaged in the business generally. G%A,o~,,20-41 ~t~. ,.1~ EXHIBIT "B" TO THE OFF, ER TO. PURCHASE . i I ~ ,. - ~."-.~ ~,, t , - ..... -. · General Services Acl~ninistration · Region 9 . 525 t4ar];et Street: It/S 30 San Franci$co~ California A" " Carl U. Snvder ~ t~.qt !o.rl: ~ Your No. 03603255 Our-No. J30737 Dated as o[_ July 28 75 19 ..... at 7:30 A.M. In response to the above referenced application for a policy of title insurance, SAEECO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, as of the date hereof, a Calit:ornia Land Title Association Standard Coverage Form Policy of Title Insurance describing the land and th:e esr,ate or interest therein hereinafter set forth· in Schedule A, insuring against loss which may be suslained by reason of any defect, lien or encumbrance not shown or ~re- ferred to as an Exception in Schedule B or not exclut]ed from coverage pursuant to the printed Sc}'~edules, Conditions and Stipulatious of said policy form. This report {and any supplements or amendmentsAhereto) is issued solely for the pur- pose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to 'the issuance ot' a policy of lille insurance, a B.inder or Commltmen! should be requested. tlc. U-,-~ ,'- '-'.r'~ - "'iq P !C The !and referred lo in this report is s~'~uated in the State of Cal~forma. Cmintv of .,an ~,ateo, and ]s described as follows: City Of South San Francis>. Descr£ption Continued ....... CO:'~:~"_i-.::Cil:G at a ?oint on tile ]:ort]~erly lir':e ¢,f butler Road 'die, rant t'...ere:-~. ~ort]~ 87° 04' 30" East 492.990 feet from the point of inter- section of said ~.:ortherly line of Butler ~I{oad with tlxe Southeasterly line of the So,athern Pacific Company rigl~t of way, said point of co.--snescen.~ent also being at tt~e ?oint of inte~'section of said line of Butler Road with the Southeasterly boundary line of that certain !2.426-acre parcel of land described in Deed from Schav-Batcher Company Pipe Uor}:s to {{astern Pipe and Steel Company of California, dated June 15, 1925, recorded .,lugust 24, 1925, in Voltu-.,e !80 of Official Records, Page 228, San Hateo Coenty Records; running tl~ence along the Southeasterly boundary line of s:~id parcel of land described in Deed above referred to ~orth 37° 32' 40" East 640.750 feet to an angle point therein; thence continuing along the Southeasterly boundary line of the parcel of land described in said Deed above referred to and along the NortheaSterly production of said South- easterly boundary line North 58° 52' 26" East 1352.695 feet to its intersection with the ~.?esterly boundary line of tl~at certain 22. 105-. acre pa~_-cel of land described in the Deed from South San Francisco Land & Improvement Co. to Thomas Butlert dated April 4, 1898, recorded pril 15, 1898 in Volum. e 78 of Deeds, Page 225, San Hateo County ecords; running thence along said ~.iesterly boundary line of said 2.10S-acre parcel of land South 5° 59' East 145.940 feet to an angle point therein; thence continuing along said Westerly boundary line the following courses and distances: South 13~ 16' East 160.100 feet, South,55°. 05' West 110.300 feet, South 0~ 45' West 156 feet, South 15° 20' East 179.600 feet and South 51° 53' West 289.311 feet to the true ~)oint of beginning of the parcel of land to l}e described~ running thence South 2~ 55' 30" East 241.314 fe¢.~t to the Northerly line of Butler Road; thence South 87~ '04' 30" l'~est along said Northerly line of Butler Road 979.212 feet to an' angle point in said Itortherly line of Butler Road; thence continuing along said I:ortherly line of Butler Road South 83° 00' 20" Uest 173.348 feet; thence North 38° 03' 15" East 419.141 feet; thence South 61° 55' !5" East 110.520 feet to point perpendicularly distant 247.200 ' feet Northerly from said Northerly line of Butler Road; thence ~:orth. 8?~ 04' 30" East parallel with said l~ortherly line of Butler Road 792.526 feet; thence South 2~ 55' 30" East 5.886 feet to the point of begi~ning. .!, An easement for ma.{_r',t...~.lni~,~ i~o,.~er ].'.o!c~s a.-,~d lines ever a strip of !ar,d t'.~c:nty feet in width as ~,ranted to Consolidated ~estern St,ael . Cosi:-c. ration, a cot?oration, in t]~e becd ~oco~ded Ju~e !4, 1949, in -. 3ook 1675, Page 435, Official ~ Tile exact location of said easement can~ot be established of' record. 2 The effect of the fo!low{ng agree~ents entered into by and United States of ?.?.erica and ~;estern Pi?e & Steel Com. pany of California, a corporation: (a) dated }.~arch 5, 1941 and recorded November 27, 1941 in Boo]: 998 of Official Records, San [~ateo County at Page 64 and re-recorded January 22, 1946 in Book 1231 of Official Records of San ~lateo County at Page 24. (b) dated july 24, 1941, and recorded September 4, 1941, in Book 979 of Official Records of San Mateo County at Page 305. (-c) dated October 15, 1943, and recorded January 31, 1944 in Book 1100 of Official Records of San ~[ateo County at Page 297. NOTE: This report does not contain any matters t]~at, may be disclosed by in. spection and/or by a survey of said land and/or by inquiry of the parties in. possession. ' ' NOTE - · TIlE FOLLO%'IIi4G IS FURHISIIED FOR INFOPJ,DITION ONLY: The only conveyances affecting said land recorded six (6) months prior to the date of this report are as follows: