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HomeMy WebLinkAbout2005-117 1 2 RESOLUTION NO. 2005-117 RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN 3 REAL PROPERTY OWNED BY THE CITY, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF MAC KAY DRIVE AND SOUTH "D" STREET IN THE CITY, 4 AND DETERMINING THE FAIR MARKET VALUE AND ESTABLISHING MINIMUM 5 SALE PRICE FOR SAID PROPERTY. 6 7 8 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner 011 behalf of the Water Department of the hereinafter described parcel of real property, generally located on the Southeast comer of MacKay Drive and South "D" Street in the City of San Bernardino, State of 9 10 California; and WHEREAS, on July 27,2004, the Board of Water Commissioners declared said property 11 12 as surplus and authorized its sale; and 13 WHEREAS, the Mayor and Common Council of the City of San Bernardino find and 14 determine that there is no necessity for the City's ownership of said property; and 15 WHEREAS, the Mayor and Council believe it to be in the best interest of the City that said 16 parcel of real property be disposed of at the highest price obtainable in the open market; and 17 18 WHEREAS, an appraisal was prepared by Tierra West Appraisal & Land Use Dynamics, 19 Inc., indicating a fair market value of$130,000. 20 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 21 OF SAN BERNARDINO AS FOLLOWS: 22 SECTION 1. Notice is hereby given inviting competitive sealed and oral bid proposals for 23 the disposition of the following real property, more particularly described in and subject to the terms 24 of Bid Specification No. 15.05-241, on file in the office of the Director of Development Services, 25 26 27 28 Real Property Section, City Hall, Third Floor, 300 N. "D" Street, San Bernardino, California, and generally described as follows: Approximately 0.77 acres of vacant land located on the Southeast comer of MacKay Drive 04/20/05 RESOLUTION INVITING BIDS FOR THE SALE OF CITY PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MAC KAY DRIVE AND SOUTH "D" STREET AND DETERMINING FAIR MARKET V AWE. 1 2 3 4 5 6 7 hereby established as the fair market value of said property. 8 9 10 11 12 13 and South "D" Street, in the City of San Bernardino. A full legal description is attached hereto as Exhibit "A" and made a part hereof, and also is described in said Bid Specification No. 15.05-241. SECTION 2. The minimum acceptable bid amount for said property is $130,000 and is SECTION 3. Sealed bid proposals must be accompanied by a Cashier's check in an amount equal to 10% of the total amount of the purchase price bid. SECTION 4. Sealed bids must be delivered to the Director of Development Services, Real Property Section, City Hall, Third Floor, 300 North "D" Street, San Bernardino, California, prior to 2:00 P.M., June 8, 2005, at which time said sealed bids shall be opened and publicly declared. The 14 results of said bidding shall be submitted to the Mayor and Common Council at the hour of 4:00 15 P.M., July 5, 2005 or as soon as possible thereafter. At that time, oral bids may be received in at 16 17 least $100 increments for the outright purchase of the property, provided that the initial oral bid shall 18 be an amount not less than the highest sealed bid plus 10%. The successful bidder is required to 19 make a non-refundable deposit with the City Clerk in the form of a Cashier's check, prior to the end 20 21 22 23 24 25 26 27 28 of the meeting or within 2 hours of awarding the bid, whichever shall occur later, in an amount equal to 10% of the bid amount. SECTION 5. Copies of Bid Specifications and Official Bid Form may be obtained from the office of the Director of Development Services, Real Property Section, City Hall, 3rd Floor. 300 N. "D" Street, San Bernardino, California, 92418. 4/20/05 2 r RESOLUTION INVITING BIDS FOR THE SALE OF CITY PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MAC KAY DRIVE AND SOUTH "D" STREET AND DETERMINING FAIR MARKET VALUE. 1 2 3 4 5 in Section 4. No bid proposal will be considered which fails to offer a sum equal to or greater than 6 the minimum acceptable bid prices established herein, or which is filed at a later time or at a 7 different place than as stated in Section 4, unless there is substantial compliance as determined by 8 9 reject any and all bids submitted. The Mayor and Common Council also reserve the right to make, 10 11 at their sole discretion, a determination as to whether the property shall be sold. 12 13 City Hall, San Bernardino, California, for at least 5 (five) consecutive days prior to the date set for 14 opening of bids and a Notice Inviting Bids for the disposition of said property shall be published not 15 16 17 circulation published and circulated in said City. 18 III 19 III 20 21 22 23 24 25 26 27 28 SECTION 6. All written bid proposals must be signed, sealed and delivered as indicated the City Administrator in his sole discretion. The Mayor and Common Council reserve the right to SECTION 7. This resolution shall be posted on or near the door of the Council Chambers, less than 10 days prior to said bid opening date in the San Bernardino Sun, a newspaper of general 4/20105 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 20 21 22 23 24 Approved as to form and legal content: 25 26 27 28 1 2 3 ! RESOLUTION INVITING BIDS FOR THE SALE OF CITY PROPERTY LOCATED ON THE SOUTHEAST CORNER OF MAC KAY DRIVE AND SOUTH "D" STREET AND DETERMINING FAIR MARKET VALUE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ioint regular meeting thereof held on the 16th , 20....D.5.--, by the following vote, to wit: day of May Council Members: AYES ESTRADA X LONGVILLE MCGINNIS X DERRY X KELLEY X JOHNSON X MCCAMMACK X ABSTAIN ABSENT NA YES X ~- h.~ The foregoing resolution is hereby approved this I tIL day of May ,20~_ I VALLES, Mayor of San Bernardino JAMES F. PENMAN City ttomey i 4 I' EXHIBIT" A" Parcel 6 of Parcel Map No. 5333, in the County of San Bernardino, State of California, as per plat recorded in Book 50 of Parcel Maps, Pages 96, 97 and 98, records of said County. '. f v i 0 I g- - -Par. f4- .z:"S) I-- I ill . II 5o~o (2.75 AC.) t> '0 0 ~ ?J\~ \II 0 4.8 AC.~'? /3 "4 ~. .3,1. ~~ - -S-:;&.::te.- /8Z.tU ....: ~ C/) = "- UJ (2.06 AC.J - - ~ :x: ...... - 598. Z '" - >I t- ..; r. , ::> \J @ ~ :ll , 0 '- Ul 2.91 AC. - '. . D 99 AC r.2 ID \~~ ~~ . ' 5~6,~ ~. .. p' 6~1 ~.~. a ~ Par.G.. - @ ~ I I I ~ 90 I i I !o.. 0 ...: 10 \C\ Par.5 1lI,@ C\! It. . _... 52 ... , Par. 2. @ 6.40 AC. () " " P ~ ~ ar.4l:l "'" @~- -cp I Par.3 ~ 0 @~ ..... >- ~ :x: <9 - :x: " .1" ...' I.. ",0t1 ~ ..... ~__V^V --..;.',,\ TTl"'1"l- I- '. /pO .'lJ C/) ". ~, "'/..1'4'. .;,- " ~ ..... ~ Par. 33 ~ @ 2.9J.P$ --.0 3=>/.5':!' . DR .s.. '1 ~D:50 ~~.-SJ I . I Par. 28 @ , '., .;,. , .... ~ " ~ Par. 23 ~ h5\ ~ ~ 'eJ tl "'-'J /4'J ~Por.22 ~ @ ~ "l ~ .6b~6' , .for. 8 ~ ~ @ " /41..1 ...... "I ~por. 7 ~ '\ @ ~ Par. 6 ~ @ /7/2/ /' If SPECIFICATION NO. 15.05-241 NOTICE OF SALE OF REAL PROPERTY: SOUTHEAST CORNER OF MAC KAY DRIVE AND SOUTH "0" STREET REQUIREMENTS OF BIDDING AND SALE NOTICE IS HEREBY GIVEN inviting sealed bids for the sale of City owned property, as authorized by action of the Mayor and Common Council of the City of San Bernardino. I. LOCATION AND DESCRIPTION OF PROPERTY TO BE SOLD: (A) Propertv Location: The subject property consists of I parcel of V ACANT land totaling approximately 0.77 acres located on the Southeast comer of MacKay Drive and South "0" Street, San Bernardino, California, referred to as Assessor's Parcel Number 00141-311-21. A full legal description is attached hereto, marked Exhibit "A". (B) Zoning and Use: The subject property is currently zoned as CGI (Commercial General). The property is presently vacant with no improvements existing on the site. (C) Condition of Property: The subject property is being sold "AS-IS". 2. MINIMUM BID: The minimum acceptable bid (net of any broker fees) for said real property $130,000. 3. INSPECTION: The subject property may be inspected by any potential bidders at will. 4. SEALED BIDS: Sealed bids, submitted on the Official Bid Form attached, will be received in the Real Property Section, Development Services Department, Third Floor, City Hall, 300 North "0" Street, Spec241 04/20/05 I San Bernardino, California, until the hour of2:00 P.M., June 8, 2005, 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 10% (TEN PERCENT) of the amount bid. The results of said bidding shall be submitted to the Mayor and Common Council at their next regularly scheduled meeting on July 5, 2005 at the hour of 4:00 P.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 10% (TEN PERCENT). In the event of a successful oral bid, a cashier's check in an amount of at least 10% (TEN PERCENT) 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 successful bidder, as determined by the Mayor and Common Council, will be required to execute a mutually acceptable purchase agreement and to enter into escrow within 30 (THIRTY) days after said determination of the successful bidder. The escrow instructions shall include, but not be limited to: Spec241 04/21/05 2 I A. The recording of the Grant Deed from the City and the closing of escrow within sixty (60) days of entering into escrow. B. The successful bidder shall deposit the entire bid amount for the property, plus the amounts necessary as outlined in Paragraph C and D below, less the bid deposit amount, within said sixty (60) day escrow period. 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 and 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 bidder based on the most favorable terms. C. Escrow, title policy and all other fees and closing costs shall be split evenly between the City and the successful bidder. D. Broker's commission, if any, shall be paid in its entirety by the purchaser, over and above the bid amount E. In the event of any failure by the successful bidder to execute and complete escrow instructions within the allotted time, the deposit made by the successful bidder 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 successful bidder. Spec241 04/20/05 3 . " ~, .,.', EXHIBIT" A" Parcel 6 of Parcel Map No. 5333, in the County of San Bernardino, State of California, as per plat recorded in Book 50 of Parcel Maps, Pages 96, 97 and 98, records of said County.