HomeMy WebLinkAbout1983-085
RESOLUTION NO.
83-85
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A RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE INVITING
2 COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN REAL PROPERTY OWNED
BY SAID CITY, GENERALLY LOCATED AT THE NORTHWEST CORNER OF TWENTYFIRST STREET
3 AND VALENCIA AVENUE, IN SAID CITY, AND ESTABLISHING A MINIMUM BID FOR SAID
PROPERTY .
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WHEREAS, the City of San Bernardino, a municipal corporation, is
the owner of the hereinafter described parcel of real property situated in the
City of San Bernardino, State of California; and
WHEREAS, said parcel of real property was originally purchased with
Water Department funds; and
WHEREAS, the Water Department and the Mayor and Common Council of
the City of San Bernardino find and determine that there is no further need or
necessity for the use of said property, subject to certain reservations as set
forth in the Exhibit A attached hereto; and
WHEREAS, the Mayor and Common Council of the City of San Bernardino
believe it to be in the best interest of said City and for the common benefit
that said parcel of real property be disposed of at the highest price obtain-
able in a competitive bid process,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Notice is hereby given inviting competitive sealed and
oral bid proposals for the disposition of the following real property, more
particularly described in and subject to the terms of Specification No. 15.05-
162, a copy of which is attached hereto, marked "EXHIBIT A" and incorporated
herein by reference as fully as though set forth at length, and which is here-
by approved, and on file in and may be obtained at the Office of the Director
of Public Works/City Engineer, Real Property Section, City Hall, 300 North "D"
Street, San Bernardino, California, 92418, which property is generally describ-
ed as fo 11 ows :
Parcel No.2 of Parcel Map No. 7534 as per plat thereof recorded in
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Book 78 of Parcel Maps, page 75, records of the County
Recorder, County of San Bernardino, State of California.
SECTION 2. The minimum acceptable bid for said real property to be
3 sold is as follows:
4 TWO HUNDRED SEVENTYSEVEN THOUSAND SEVEN HUNDRED THIRTYFIVE DOLLARS
5 ($277,735.00). This minimum acceptable bid includes all costs to be incurred
6 by the City of San Bernardino in relocating the landscaping nursery, which is
7 situated on said property. Said costs are listed as follows:
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$15,000.00 Irrigation system at the new nursery site
$ 5,495.00 Fencing at the new nursery site
$ 7,240.00 Relocation of all nursery stock, equipment,
and supplies to the new nursery site
SECTION 3. Sealed bids, submitted on the official bid form, must be
accompanied with a cashier's check in an amount equal to at least ten percent
(10%) of the price bid, made payable to the CITY OF SAN BERNARDINO.
SECTION 4. Sealed bids will be received until 2:00 P.M. Wednesday,
April 20, 1983 at the office of the Director of Public Works/City Engineer,
City Hall, San Bernardino, at which time they will be publicly opened, examined
and declared. The results of said bidding shall be submitted to the Mayor and
Common Council at their regularly scheduled meeting of May 2, 1983, at 9:00
a.m. or any adjourned or continued date thereof. At that time oral bids shall
be received as follows:
The first oral bid shall be in an amount of at least ten percent
(10%) greater than the highest written bid submitted, and thereafter oral bids
shall be in amounts of at least one hundred dollars greater than any prior oral
bid. If no written bids were submitted, the Mayor and Common Council may de-
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termine to readvertise or remove the property from sale rather than receive
oral bids, or the first oral bid may be made in an amount of at least the
minimum bid as stated in Section 2. The oral bidding for the disposition of
the property shall be continued in the same manner until all bidding shall
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have been completed.
SECTION 5. The successful bidder, as determined by the Mayor and
Common Council after hearing oral bids, shall make a non-refundable deposit by
cash, cashier's check or money order in an amount which, together with any
deposit made with a sealed bid of said bidder, shall equal ten percent of the
total price bid for the property. Such deposit shall be made with the City
Clerk prior to the end of the meeting or within two hours of the awarding of
the bid, whichever shall occur later.
SECTION 6. All written bid proposals must be completed, signed,
sealed and delivered as indicated in Section 3. No bid proposal will be con-
sidered which fails to offer a sum equal to or greater than the minimum accept-
able bid prices established herein, or which is filed at a later time or at a
different place than as stated in Section 4, unless there is substantial com-
pliance as determined by the Director of Public Works/City Engineer in his
sole discretion.
SECTION 7. Upon sale of said property, the net proceeds therefrom
shall be deposited by the Finance Department in the Water Fund of the City of
San Bernardino, inasmuch as the property was acquired by purchase with proceeds
from the Water Fund. "Net proceeds" shall be the amount remaining after
deducting nursery relocation expenses.
SECTION 8. The City of San Bernardino shall not pay any Real Estate
Broker's commission or finders fee relative to the sale of said property.
SECTION 9. This resolution shall be posted on or near the door of
the Council Chambers, City Hall, San Bernardino, California, and a Notice
inviting bids for the disposition of said property shall be published not less
than once at least ten days prior to the date for filing sealed bid proposals
with the Director of Public Works/City Engineer, in THE SUN, a newspaper of
general circulation published and circulated in said City.
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1
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the Ci ty of San Bernardi no at a n adj ourned
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meeting thereof, held on the 24th
reqular
day of
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March
, 19 83 , by the fo 11 owi ng vote, to wit:
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AYES: Counci 1 Members Castaneda, Reilly, Hernandez,
Marks, Quiel, Strickler
NAYS:
ABSENT:
None
Council Member Hobbs
~.~
,/ ~erk
The foregoing resolution is hereby approved this ~~/~
day of
March
, 19 83 .
Approved as to form:
~~~
City A orney
<J'a.j, eNo. ...L 01 .z.
BID SPECIFICATION NO. 15.05-162
DISPOSITION OF CITY OWNED LAND
NORTHWEST CORNER OF TWENTY-FIRST STREET AND VALENCIA AVENUE
NOTICE is hereby given inviting competitive bids for the sale of a parcel of
City owned land consisting of approximately two and one half acres, located at
the Northwest corner of Twenty-First Street and Valencia Avenue, in the City of
San Bernardino.
1. LOCATION AND DESCRIPTION OF SUBJECT PROPERTY:
(A) Property Location: a rectangularly shaped parcel of land consisting of
approximately two and one half acres, currently being used as a landscaping
nursery, located between Crestview Av€nue and Valencia Avenue, North of
Twenty-first Street, in the City of San Bernardino.
(B) Legal Description: Parcel No. 2 of Parcel Map No. 7534 as per plat
thereof recorded in Book 78 of Parcel Maps, page 75, records of the County
Recorder, County of San Bernardino, State of California.
(C) Zoning: Subject property is currently zoned "a" (OPEN).
2. MINIMUM BID:
THE MINIMUM ACCEPTABLE BID FOR SAID REAL PROPERTY TO BE SOLD IS AS FOLLOWS:
TWO HUNDRED SEVENTYSEVEN THOUSAND SEVEN HUNDRED THIRTY FIVE DOLLARS
($277,735.00)
3. DEED RESTRICTION:
The following restriction shall be incorporated into the Grant Deed:
"The Grantee herein and his successors or assigns hereby covenant as a
covenant running with the land that the property herein conveyed shall not
be used for any purpose other than allowed by an "0" (OPEN) Zone as defined
in the City of San Bernardino's zoning ordinances, contained in Chapter
19.44 of the City of San Bernardino Municipal Code. Any breach of said
covenant shall cause title to said property to immediately revert to the
"EXHIBIT A" To Resolution Cii ving
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Grantor herein without any recourse by the Grantee or his successors or
assigns."
4. RESERVATION OF EASEMENTS:
An easement for water lines and appurtenant facilities, and an easement
for drainage and appurtenant facilities, shall be incorporated into the
Grant Deed as follows:
"RESERVING unto the Grantor herein, its successors and assigns, an
easement for drainage and appurtenant facilities, in, over, under and
across a portion of the property herein conveyed, which said portion is a
strip of land 15.00 feet wide, being,7.50 feet on each side of the follow-
ing described centerline:
Beginning at a point in the North line of said Parcel No.2, distant
thereon 203.47 feet East of the Northwest corner thereof; thence South
190 39' 09" East a distance of 65.06 feet; thence South 080 13' 58" East
a distance of 221.59 feet to the South line of said Parcel No.2, and the
Point of Termination. The side lines of said strip of land shall be
shortened or prolonged so as to begin in the North line of said Parcel
No.2 and to terminate in the South line of said Parcel No.2.
ALSO RESERVING unto the Grantor herein, its successors and assigns, an
easement for water lines and appurtenant facilities, in, over, under and
across a portion of the property conveyed herein, which said portion is a
",
strip of land 15.00 feet wide, being 7.50 feet on each side of the follow-
ing described centerline:
Beginning at a point in the North line of said Parcel No.2, distant
thereon 285.66 feet East of the Northwest corner thereof; thence South 000
14' 16" West a distance of 216.53 feet; thence South 280 08' 32" West a
distance of 54.08 feet to the South line of said Parcel No.2, and the
Point of Termination. The side lines of said strip of land shall be
"EXHIBIT A" To Resolution Cii ving
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shortened or prolonged so as to begin in the North line of said Parcel
No.2 and to terminate in the South line of said Parcel No.2.
, ANY SUBSEQUENT damage to the waterlines and appurtenant facilities, and/or
the drainage and appurtenant facilities shall be the responsibility of the
Grantee herein, its s4ccessors and/or assigns."
5. INSPECTION:
The property may be inspected at will or by making arrangements with the
Real Property Section, City Hall, 300 North "0" Street, San Bernardino,
California, Telephone No. (714) 383-5111.
6. SEALED BIDS:
Sealed bids, submitted on the official bid form attached herewith, will be
received until 2:00 P.M. Wednesday, April 20, 1983, at the office of the
City Engineer, Room 405, City Hall, 300 North "0" Street, San Bernardino,
California, 92418, at which time they will be publicly opened, examined and
declared. The results of said bidding shall be submitted to the Mayor and
Common Council at their regularly scheduled meeting of May 2, 1983, or any
adjourned or continued date thereof.
7. SEALED BID DEPOSIT:
Each sealed bid shall be accompanied by a cashier's check in an amount
equal to at least ten percent (10%) of the price bid, made payable to the
CITY OF SAN BERNARDINO. Failure to provide such bid deposit shall require
rejection of the sealed bid.
. 8. ORAL BIDS:
Oral bids shall be received by the Mayor and Common Council at 9:00 A.M.
on May 2, 1983, or as soon thereafter as the matter may come on to be heard,
unless the Mayor and Common Council determine, on the basis that no written
bids had been received, to readvertise or remove the property from sale.
"EXHIBIT A" To Resolution Giving
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The first oral bid shall be in an amount at least ten percent (10%) greater
than the highest written bid submitted, and thereafter oral bids shall be
in amounts of at least one hundred dollars greater than any prior oral bid.
If no written bids were received, then the first oral bid shall be made in
an amount of at least 'the minimum bid as stated in the paragraph entitled
"MINIMUM BID."
9. SUCCESSFUL BIDDER'S DEPOSIT:
The successful bidder, as determined by the Mayor and Common Council after
hearing oral bids, shall make a non-refundable deposit by cash, cashier's
check, or money order in an amount which, together with any deposit made
with a sealed bid of said bidder, shall equal at least ten percent (10%) of
the total price bid for the subject property. The successful bidder's
deposit shall be made with the,City Clerk prior to the end of the meeting
or within two hours of the awarding of the bid, whichever shall occur later.
10. 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.
11. RESERVED RIGHTS:
(A) The Mayor and Common Council shall have the right to reject all bids.
(B) The City of San Bernardino reserves the right to remove all nursery
stock presently situated on the property, together with any equipment and
supplies used in connection therewith. Following transfer of title, City
shall have two (2) weeks following written notice from buyer within which
to remove the foregoing.
12. ESCROW:
The successful bidder, as determined by the Mayor and Common Council, will
be required to enter into escrow within (10) days after said determination.
"EXHIBIT A" To Resolution Giving
No~ice Invi~ino Bids
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The escrow instructions shall include but not, be limited to:
(A) The recording of the'Grant Deed from the City and the closing of
. escrow within a sixty (60) day period.
(B) The amount bid by the successful bidder shall be paid into escrow by
cash, cashier's check, or money order, in an amount equal to the total
price bid minus the successful bidder's deposit.
(C) Escrow, Title Policy, and other fees will be paid 50% by the City, and
50% by the successful bidder, except for the documentary tax, which will be
paid by the successful bidder.
(D) The parties hereby agree that it would be extremely difficult or im-
possible to determine the amount of damages suffered by the City as a
result of any failure by the successful bidder to execute escrow instruc-
tions within the allotted time, or to deposit the agreed upon terms of the
purchase price; therefore, it is a condition of the bidding procedure that
the Successful Bidder's Deposit shall be retained by the City as liquidated
damages and not as a penalty in the event of any said failure.
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"EXHIBIT A" To Resol uti on Gi ving
Noti~e lnvitina Bids
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OFFICIAL BID FORM
SALE OF CITY-OWNED LAND, CITY OF SAN BERNARDINO
NORTH OF TWENTY-FIRST STREET, WEST OF VALENCIA AVENUE
PER SPECIFICATION NO. 15.05-162
DATE:
In compliance with Specification No. 15.05-162, concerning the sale of City owned
property with special reservations and conditions that I accept, the following bid
is submitted:
DOLLARS
CENTS ($
)
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 I am not the successful bidder as determined by the
Mayor and Common Council. Submission of this bid signifies that I fully understand
and concur with the provisions outlined in Specification No. 15.05-162.
PRINTED NAME OF BIDDER
SIGNATURE
MAILING ADDRESS
TELEPHONE
CITY, STATE, ZIP CODE
Sealed bids, submitted on this official bid form, will be received until 2:00 P.M.
Wednesday, April 20, 1983, at the Office of the City Engineer, Room 405, City Hall,
300 North "0" Street, San Bernardino, CA 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.
NOTE: To eliminate possible accidental opening of bid envelopes prior to the
advertised time of sealed bid opening, please place the following information
in the lower left hand corner of the bid envelope:
SEALED BID
SPECIFICATION NO. 15.05-162
"EXHIBIT A" To Resoluti"n Giving
Noti~@ Invi~;na Rids
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