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HomeMy WebLinkAbout2002-069 1 2 RESOLUTION NO. 2002-69 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING FAIR 3 MARKET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED REAL PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 4 ORANGE SHOW ROAD AND WATERMAN AVENUE IN SAID CITY AND GIVING 5 NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF SAID PROPERTY. 6 7 8 9 10 11 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the hereinafter described parcel of real property, generally located at the southwest comer of Orange Show Road and W aterman Avenue in the City of San Bernardino, State of California; and WHEREAS, by Resolution No. 2001-35, adopted on February 20, 2001, the Mayor and Common Council of said City found and determined that there is no further need or necessity for 12 13 14 the City's ownership of said real property and declared same as surplus property; WHEREAS, by said Resolution No. 2001-35, the amount of One Hundred Seventy-five 15 Thousand Dollars ($175,000) was established as the fair market value of said real property. 16 17 18 19 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION L Notice is hereby given inviting competitive sealed and oral bid proposals for the disposition of the following parcel of real property, more particularly described in and 20 subject to the terms of Bid Specification No. 15.05-223A, a copy of which is attached hereto as 21 Exhibit "A" and made a part hereof, and also on file in the Development Services Department, 22 23 24 Real Property Section, City Hall, 300 North "D" Street, San Bernardino, California, generally described as approximately 43,839 square feet of vacant land located on the southwest corner of 25 Orange Show Road and Waterman Avenue, known as Assessor's Parcel Number 0136-431-23, 26 27 28 SECTION 2. The fair market value and the minimum acceptable bid amount for said property is hereby confirmed to be One Hundred Seventy-five Thousand Dollars ($175,000). 02/11/2002 2002-69 1 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND 2 WATERMAN AVENUE AND INVITING BIDS SALE OF SAID PARCEL. 3 4 5 amount equal to 10% of bid amount. 6 7 8 9 SECTION 3. Sealed bid proposals must be accompanied by a cashier's check in an SECTION 4. Sealed bids must be delivered to the Development Services Department, Real Property Section, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, prior to 2:00 P.M. on March 27, 2002, at which time said sealed bids will be opened and publicly 10 declared, The results of said bidding shall be submitted to the Mayor and Common Council on 11 April 15, 2002, at the hour of 10:00 A.M. or as soon as possible thereafter. At that time, oral bids 12 may be received in at least $100 increments for the outright purchase of said real property, 13 provided that the initial oral bid shall be an amount not less than the highest sealed bid plus 10%. 14 15 The successful oral bidder shall make a non-refundable deposit with the City Clerk in the form of a cashier's check, prior to the end of the meeting or within 2 hours of awarding the bid, 16 17 whichever shall occur later, in an amount equal to 10% ofthe bid amount. 18 19 20 21 22 23 SECTION 5. Copies of the Bid Specifications and Official Bid Form may be obtained from the Development Services Department, Real Property Section, City Hall, Third Floor, 300 North "D" Street, San Bernardino, California. 92418, SECTION 6. All written bid proposals must be signed, sealed and delivered as indicated in Section 4. No bid proposal will be considered which fails to offer a sum equal to or greater 24 than the minimum acceptable bid price established herein, or which is filed at a later time or at a 25 different place than stated in Section 4, unless there is substantial compliance as determined by 26 the Mayor and Common Council in their sole discretion. The Mayor and Common Council may 27 28 consider terms for any portion of the bid amount and will give consideration to all factors, 02/11/2002 2 2002-69 1 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND 2 WATERMAN AVENUE AND INVITING BIDS SALE OF SAID PARCEL. 3 4 including amount and length of terms and interest rate to be paid, in determining the successful 5 6 7 8 9 10 11 12 13 14 15 16 17 18 bidder. The amount to be carried by the City shall be secured by a Note and Deed of Trust or other instrument acceptable to the City. In the event of two or more equal bids, the Mayor and Common Council reserve the right to select the bid based on the most favorable terms. The Mayor and Common Council reserve the right to reject any and all bids submitted. The Mayor and Common Council also reserve the right to make, in their sole discretion, a determination as to whether or not any parcel shall be sold. SECTION 7. This resolution shall be posted on or near the door of the Council Chambers, City Hall, San Bernardino, California, for at least five (5) consecutive days prior to the date set for the opening of bids and a Notice Inviting Bids for the disposition of said property shall be published not less than ten (10) days prior to said bid opening date in the San Bernardino County Sun, a newspaper of general circulation published and circulated in said City. /II 2002-69 1 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND 2 WATERMAN AVENUE AND INVITING BIDS SALE OF SAID PARCEL. 3 4 5 Common Council of the City of San Bernardino at a 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint regular meeting thereof held on the 4th day of March wit: Council Members: AYES NAYS ESTRADA X LIEN X MCGINNIS X DERRY X SUAREZ X ANDERSON X MCCAMMACK X , 20......QL, by the following vote, to ABSTAIN ABSENT ~~);~ 20 The foregoing resolution is hereby approved this 671' 21 22 23 24 Approved as to form and legal content: 25 ,20~. March JAMES F. PENMAN 26 City Attorney 27 By: L ---:;.~ 28 0&,002 4 2002-69 SPECIFICATION NO. 15.05-223A NOTICE OF SALE OF REAL PROPERTY: LOCATED ON THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND WATERMAN AVENUE REQUIREMENTS OF BIDDING AND SALE NOTICE IS HEREBY GIVEN inviting sealed bids for the sale of City owned property, as authorized by action ofthe Mayor and Common Council of the City of San Bernardino. 1. LOCATION AND DESCRIPTION OF PARCEL TO BE SOLD: (A) Parcel Location: The subject parcel consists of a vacant parcel of land located at the southwest corner of Orange Show Road and Waterman Avenue in the City of San Bernardino. A vicinity map of the general area is attached as Exhibit L A plat map showing the parcel detail is attached as Exhibit 2, Said parcel consists of approximately 43,839 square feet, and is also known as Assessor's Parcel No, 0136-431-23, A full legal description is attached as Exhibit 3. (B) Land Use and Zoning: Said parcel is presently vacant land. The east portion of the subject parcel is currently zoned as OIP (Office Industrial Park), and the west portion as IL (Light Industrial), (C) Title Report. A Preliminary Title Report has been prepared by First American Title Insurance Company for the subject parcel and is on file in the Real Property Section of the City of San Bernardino and may be reviewed by the potential bidder by contacting the Real Property Section at (909) 384-5026. (D) Environmental Assessment: A Phase I Environmental Assessment dated November 8, 2001, has been prepared by the City of San Bernardino, As stated in the Report, there EXHIBIT "A" 2002-69 are no known pending environmental regulatory actions concerning the subject site. The full Report is on file in the Real Property Section of the City of San Bernardino and may be reviewed by the potential bidder by contacting the Real Property Section at the above number. (E) Condition ofProoertv: The subject property is being sold "AS-IS". 2. MINIMUM BID: The minimum acceptable bid (net of any broker fees), which has been determined to be the fair market value for the subject parcel is $175.000.00. 3, INSPECTION: The subject parcels may be inspected by any potential bidders at will. 4. SEALED BIDS: Sealed bids for said parcel of real property shall be submitted on the Official Bid Form(s) attached as Exhibit 4. Said sealed bids shall be received in the Real Property Section, Development Services Department, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, until the hour of2:00 p.m. on March 27, 2002, at which time all bids received will be publicly opened and declared. All bids must be accompanied by a cashier's check in an amount of at least TEN PERCENT (10%) of the total amount bid. The results of said bidding shall be submitted to the Mayor and Common Council at a regularly scheduled meeting on April 15, 2002, at the hour of 10:00 a,m. or as soon as possible thereafter. 5. ORAL BIDS: Oral bids may be made at the Council Meeting stated above. Oral bids may be received in $100 increments for the outright purchase of the property, provided that the initial oral bid shall be an amount not less than the highest sealed bid plus TEN PERCENT (10%). In the event of a 2002-69 successful oral bid, a cashier's check in an amount of at least TEN PERCENT (10%) of the bid amount shall be deposited with the City Clerk prior to the end of said meeting, 6. UNSUCCESSFUL BIDS: All sealed bid deposits of unsuccessful bidders will be promptly returned, without interest, after determination of the successful bidder by the Mayor and Common Council, or upon rejection of all bids. 7, REJECTION OF BIDS: The Mayor and Common Council shall have the right to reject any and all bids. 8. SUCCESSFUL BIDDER: The City may consider terms for any portion of the bid amount and will give consideration to all factors, including amount and length of terms and interest rate to be paid, in determining the successful bidder. The amount to be carried by the City shall be secured by a Note and Deed of Trust or other instrument acceptable to the City. In the event of two or more equal bids, the City reserves the right to select the bid based on the most favorable terms. The successful bidder will be determined by the Mayor and Common Council after all facts are considered. The successful bidder will be required to execute a mutually acceptable Purchase Agreement and to enter into escrow within THIRTY (30) days after the adoption of a Resolution authorizing the execution of said Purchase Agreement with the successful bidder, or as may otherwise be mutually agreed upon by the City and the successful bidder. The escrow instructions for each successful bidder, or bidders, shall include, but not be limited to : (A) The recording of the Grant Deed from the City, and the closing of escrow within SIXTY (60) days of entering into escrow, or as otherwise mutually agreed upon by the City and the successful bidder, hereinafter referred to as "buyer". 2002-69 (B) The buyer shall deposit the entire amount bid for the property, plus the amounts necessary as outlined in Paragraph C and D below, less the bid deposit amount, within said escrow period. (C) Escrow, title policy and all other fees and closing costs shall be divided between the City and the buyer, as may be customary, or as otherwise agreed upon by the City and the buyer. (D) Broker's Commission, if any, shall be paid in its entirety by the buyer, over and above the bid amount. (E) In the event of any failure by the buyer to execute and complete escrow instructions, and any compliance thereto, including the deposit of the balance of the purchase price and related escrow fees, within the allotted time, the deposit made by the buyer shall be retained by the City as liquidated damages, and not as a penalty in the event of any failure on the part of the buyer. 2002-69 No Scale Highland Ave.'< ,; c > ;0 < Base Line 51. c c E ~ ~ , ~ v w CI) C ; Vi LOCA TION OF CITY OWNED PARCEL TO BE SOLD ,; 9th 5t < 5th 51. c c ~ > Mill 51. v c c c <.> v Orange Show Rd. &: 1= "' , o VICINITY MAP EXHIBIT 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Sale of City owned parcels north and south of Orange Show Road, west of Waterman Avenue ~ indicates un-incorporated areas ~ within City's Sphere of Influence Created by: L. 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L() '<t~ 0 , tti c.o ' (")55 ~ ~(J) ci 0(") Zro Z Q. - .!!' <!:~ u: f- fZs: >-s:~ f-IUJ a::f- z w:JW<( (L0l'J::; oUJZa:: a::w~w (LIOf- f- <( ~f-LLS: 0<(00 LLfiJa::~W Of-W :J w<(~9z .....JOu..........UJ <(000) UJ...,Jua::<( .. >. ~.c '0 '0 Q) Q) - -'" '" () Q) Q) ~ .c U U 2002-69 EXHIBIT 3 Legal Description for the Sale of City Property Located at the Southwest corner of Orange Show Road and Waterman Avenue APN: 0136-431-23 That portion of Lot 102, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page 13, records of the County recorder of San Bernardino County, State of California, described as follows: Beginning at the Northwest corner of said Lot 102, said point also being on the South line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded August 16, 2000 as Document No. 20000294378; thence North 890 55' 26" East, along the North line of said Lot 102, a distance of 550.17 feet; thence South 00004' 34" East, a distance of 1.30 feet; thence South 450 02' 48" East, a distance of 43,77 feet to the West line of Waterman A venue; thence south, along said West line to the South line of said Lot 102; thence west, along said South line, to the West line of said Lot; thence northwesterly, along said West line, to the point of beginning. 43,839 square feet. more or less. 2002-69 CITY OF SAN BERNARDINO REAL PROPERTY SECTION OFFICIAL BID FORM - SALE OF REAL PROPERTY LOCATION OF PROPERTY BEING SOLD: VACANT LAND AT THE SOUTHWEST CORNER OF ORANGE SHOW ROAD AND WATERMAN AVENUE (APN 0136-431-23) In compliance with Specification No. 15.05-223A, concerning the sale of the above City-owned property, the following bid is submitted; Dollars ($ ), payable as follows; $ to be deposited into escrow prior to close of escrow, and the balance to be paid as follows; [] annual [] monthly payment(s) of$ , plus interest at the rate of % per annum on the unpaid balance. Attached is a cashier's check payable to the CITY OF SAN BERNARDINO. in an amount equal to at least ten percent (10%) of the above bid, which I understand will be returned without interest if! am not the successful bidder as determined by the Mayor and Common Council of the City of San Bernardino, Submission of this bid signifies that I understand and concur with the provisions outlined in Specification No. l5.05-223A and that I understand the subject property is being sold in an "AS-IS" condition. PRINTED NAME OF BIDDER SIGNATURE MAILING ADDRESS TELEPHONE NO. CITY, STATE, ZIP CODE Sealed bids, submitted on this official Bid Form, will be received until 2;00 p.m., March 27, 2002, in the Real Property Section, Development Services Department, 3rd Floor, City Hall, 300 N. "D" Street, San Bernardino, California. 92418, at which time they will be publicly opened, examined and declared. NOTE: BIDS WILL NOT BE ACCEPTED UNLESS ALL BLANKS HAVE BEEN FILLED IN. ALL SEALED BIDS MUST HAVE THE FOLLOWING INFORMATION ON THE LOWER LEFT-HAND OF THE BID ENVELOPE: SEALED BID SALE OF CITY PROPERTY SPECIFICATION NO. 15.05-223A EXHIBIT 4