HomeMy WebLinkAbout2014-042 1 RESOLUTION NO. 2014-42
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
3 MINIMUM SALE PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL
4 PROPERTY LOCATED AT 241 E. 9TH STREET, AND GIVING NOTICE INVITING
COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF SAID PROPERTY.
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WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
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7 hereinafter described parcels of real property located at 241 E. 9th Street, known as Assessor's
8 Parcel Number's 0140-241-45 & 0140-241-54, in the City of San Bernardino, State of
9 California; and
10 WHEREAS, the Mayor and Common Council finds and determines that there is no
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further need or necessity for the City's ownership of said real property and is hereby declared
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surplus property;
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14 WHEREAS, the Mayor and Common Council believes it is in the best interest of the
15 City that said parcels of real property be disposed of at the highest price obtainable in the open
16 market; and
17 WHEREAS, an appraisal was prepared by Shelli Holmes, a licensed appraiser from
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Tierra West Appraisal & Land Use Dynamics, Inc, indicating a fair market value of Six-
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20 Hundred Fifty Thousand Dollars ($650,000.00) for both parcels and building as one economic
21 unit, on an As-Is Basis (Property).
22 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
23 CITY OF SAN BERNARDINO AS FOLLOWS:
24 SECTION 1. Notice is hereby given inviting competitive sealed and oral bid
25 proposals for the disposition of the following parcels of real property, more particularly
26 described in and subject to the terms of Bid Specification No. 15.05-280, a copy of which is
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attached hereto as Exhibit "A" and made a part hereof, and also on file in the Public Works
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1 Department, Real Property Section, City Hall, 300 North "D" Street, San Bernardino,
2 California, generally described as follows:
3 One story special-use commercial building totaling approximately 6,743 square feet on
4 two land parcels totaling approximately 1.58 acres, on the south side of 9th Street, west
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of Waterman Avenue, being a portion of Assessor Parcel Number's 0140-241-45 &
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7 54, and Property legally described as follows:
8 That portion of Lot 4, in Block 3, Rancho San Bernardino, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat recorded in
9 Book 7 of Maps, Page 2, in the office of the County Recorder of said County,
described as follows:
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11 Beginning at a point in the North Line of said Lot 4; said North line being the South
line of Ninth Street, 136.5 feet East of the Northwest corner of said Lot 4; thence East
12 along the South line of Ninth Street 72.15 feet to a point 167.19 feet West of Northeast
corner of said Lot 4; thence Southeasterly 661.30 feet to the Southeast corner of said
13 Lot 4; thence West along the South line of said Lot 4, 239.72 feet to a point 136.5 feet
14 East of the Southwest corner of said Lot 4; thence North 638.52 feet to the point of
beginning; Except any portion lying within the west two acres of said Lot 4.
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Also Except that portion conveyed to the State of California by deed recorded April
16 23, 1984 as Instrument No. 84-93022, Official Records.
17 AND
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That portion of Lot 4, in Block 3, Rancho San Bernardino, in the City of San
19 Bernardino, County of San Bernardino, State of California, as per plat recorded in
20 Book 7 of Maps, Page 2, in the office of the County Recorder of said County,
described as follows:
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Beginning at a point on the North line of said Lot 4, which is 454 feet West of the
22 Northeast corner of Lot 5 in said Block 3; thence South and parallel with the East line
23 of said Lot 4, 200 feet; thence West and parallel with the North line of said Lot 4, 67.5
feet more or less, to a point on the Easterly line of Parcel 1 of the property conveyed
24 by Albert Ohonnsin to City of San Bernardino by deed recorded November 20, 1950,
as Instrument No. 4 in Book 2674 of Official Records, Page 190, records of said
25 County; thence Northwesterly along said Easterly line to a point on the Northerly line
26 of said Lot 4, which is 167.19 feet West of the Northeast corner of said Lot 4; thence
East along the Northerly line of said Lot 4, 117 feet, more or less, to the point of
27 beginning.
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1 SECTION 2. The fair market value and the minimum acceptable bid amount for said
2 Property is Six-Hundred Fifty Thousand Dollars ($650,000.00) and is hereby established as
3 the fair market value of said Property.
4 SECTION 3. Sealed bid proposals must be accompanied by a cashier's check in an
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amount equal to 10% of bid amount.
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SECTION 4. Sealed bids must be delivered to the office of the Director of Public
8 Works, Real Property Section, Third Floor, City Hall, 300 North "D" Street, San Bernardino,
9 California, prior to 10:00 A.M., March 13, 2014, at which time said sealed bids will be
10 opened and publicly declared. The results of said bidding shall be submitted to the Mayor and
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Common Council at the Council meeting on April 21, 2014, at the hour of 5:00 P.M. or as
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soon as possible thereafter. At that time, oral bids may be received in at least $100 increments
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14 for the outright purchase of said parcels of real property, provided that the initial oral bid shall
15 be an amount not less than the highest sealed bid plus 10%. The successful bidder shall make
16 a non-refundable deposit with the City Clerk in the form of a cashier's check, prior to the end
17 of the Council meeting, or no later than 12:00 P.M. the following business day, in an amount
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equal to 10% of the bid amount.
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20 SECTION 5. Copies of the Bid Specifications and Official Bid Form may be obtained
21 from the Department of Public Works, Real Property Section, City Hall, Third Floor, 300
22 North"D" Street, San Bernardino, California, 92418.
23 SECTION 6. All written bid proposals must be signed, sealed and delivered as
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indicated in Section 4. No bid proposal will be considered which fails to offer a sum equal to
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26 or greater than the minimum acceptable bid price established herein, or which is filed at a later
27 time or at a different place than stated in Section 4, unless there is substantial compliance as
28 determined by the Mayor and Common Council in their sole discretion. The Mayor and
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2014-42
1 Common Council may consider terms for any portion of the bid amount and will give
2 consideration to all factors, including amount and length of terms and interest rate to be paid,
3 in determining the successful bidder. The amount to be carried by the City shall be secured by
4 a Note and Deed of Trust or other instrument acceptable to the City. In the event of two or
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more equal bids, the Mayor and Common Council reserve the right to select the bid based on
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7 the most favorable terms. The Mayor and Common Council reserve the right to reject any and
8 all bids submitted. The Mayor and Common Council also reserve the right to make, in their
9 sole discretion, a determination as to whether or not any parcel shall be sold.
10 SECTION 7. This resolution shall be posted on or near the door of the Council
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Chambers, City Hall, San Bernardino, California, for at least five (5) consecutive days prior to
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the date set for the opening of bids and a Notice Inviting Bids for the disposition of said
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14 property shall be published not less than ten (10) days prior to said bid opening date in the San
15 Bernardino County Sun, a newspaper of general circulation published and circulated in said
16 City.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR
CERTAIN CITY OWNED PARCELS OF REAL PROPERTY LOCATED AT 241 E. 9TH STREET,AND
GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF SAID
PROPERTY.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a joint regular meeting
6
7 thereof, held on the aatiaday of February , 2014, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10
JENKINS x
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12 VALDIVIA x
13 SHORETT x
14 NICKEL x
15 JOHNSON x
16
MULVIHILL x
17
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19 Geor.:.nn Hanna, City Clerk
s�
20 The foregoing resolution is hereby approved this ay of February , 2014.
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22 ��-
Patrii J. Morris, a •
23 • ' of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ,
City Attorney
26 17,ti/ict_aLe,
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2014-42
EXHIBIT "A"
SPECIFICATION NO. 15.05-280
NOTICE OF SALE OF REAL PROPERTY:
241 E. 9TH STREET, GENERALLY LOCATED ON THE SOUTH SIDE
OF 9TH STREET, WEST OF 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 of the Mayor and Common Council of the City of San Bernardino.
1. LOCATION AND DESCRIPTION OF PROPERTY TO BE SOLD:
(A) Parcel Locations: The subject property consists of a one-story special-use commercial building,
totaling approximately 6,743 square feet on two (2) contiguous parcels of land, totaling
approximately 1.58 acres, generally located on the south side of 9th Street, west of Waterman
Avenue in the City of San Bernardino,known as 241 E. 9th Street(APN's: 0140-241-45 &54),
collectively hereafter referred to as PROPERTY. A vicinity map of the general area is attached
as Exhibit"1".A plat map showing the location of the two parcels is attached as Exhibit"2".
The parcels are fully described as follows:
1) APN 0140-241-45:
That portion of Lot 4, in Block 3, Rancho San Bernardino, in the City of San Bernardino,
County of San Bernardino,State of California,as per plat recorded in Book 7 of Maps,Page
2, in the office of the County Recorder of said County, described as follows:
Beginning at a point in the North Line of said Lot 4; said North line being the South line of
Ninth Street, 136.5 feet East of the Northwest corner of said Lot 4; thence East along the
South line of Ninth Street 72.15 feet to a point 167.19 feet West of Northeast corner of said
Lot 4; thence Southeasterly 661.30 feet to the Southeast corner of said Lot 4; thence West
along the South line of said Lot 4, 239.72 feet to a point 136.5 feet East of the Southwest
corner of said Lot 4; thence North 638.52 feet to the point of beginning;
EXCEPTING any portion lying within the west two acres of said Lot 4.
ALSO EXCEPTING that portion conveyed to the State of California by deed recorded
April 23, 1984 as Instrument No. 84-93022, Official Records.
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2) APN 0140-241-54:
That portion of Lot 4, in Block 3, Rancho San Bernardino, in the City of San Bernardino,
County of San Bernardino,State of California,as per plat recorded in Book 7 of Maps,Page
2, in the office of the County Recorder of said County, described as follows:
Beginning at a point on the North line of said Lot 4,which is 454 feet West of the Northeast
corner of Lot 5 in said Block 3; thence South and parallel with the East line of said Lot 4,
200 feet;thence West and parallel with the North line of said Lot 4,67.5 feet more or less,to
a point on the Easterly line of Parcel 1 of the property conveyed by Albert Ohonnsin to City
of San Bernardino by deed recorded November 20, 1950,as Instrument No.4 in Book 2674
of Official Records, Page 190, records of said County; thence Northwesterly along said
Easterly line to a point on the Northerly line of said Lot 4,which is 167.19 feet West of the
Northeast corner of said Lot 4;thence East along the Northerly line of said Lot 4, 117 feet,
more or less, to the point of beginning.
(B) Zoning and Use: The subject parcels are currently zoned as follows:
1) APN 0140-241-45: —CG-1 (Commercial General)
2) APN 0140-241-54: —PF (Public Facility)
Other uses,such as Commercial,could be implemented through a General Plan Amendment,but
such approval is neither guaranteed nor implied.
(C)Condition of PROPERTY:The subject property is being sold"AS-IS". The building located on
the property is not included on the City's Unreinforced Masonry List(URM);however,the City makes no
representation that the building is reinforced. It is the buyer's responsibility to make the determination. A
12 foot easement will be reserved by the City for storm drain purposes as shown on the attached Exhibit"2-
A".
2. MINIMUM BID:
The minimum acceptable bid(exclusive of any broker fees),determined to be the fair market value
for the PROPERTY in as-is condition is as follows:
SIX-HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($650,000.00)
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3. INSPECTION:
The subject parcels/building may be inspected by any potential bidders by appointment by contacting
the Real Property Section at (909) 384-5226 or(909) 384-5026,between the hours of 7:00 am—6:00 pm,
Monday through Thursday.
4. SEALED BIDS:
Sealed bids for this City owned real property shall be submitted on the Official Bid Form(s)attached
as Exhibit"3". Said sealed bid shall be received in the Public Works Department,Real Property Section,
Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, until the hour of 10:00 a.m.,
March 13, 2014, 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 the regularly scheduled
Council meeting on April 21, 2014, at the hour of 5:00 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 TEN PERCENT(10%). In the event of a 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 Council meeting, or no later than 12:00 pm the following business day.
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.
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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(s)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(s),or as may otherwise be mutually agreed upon by
the City and the successful bidder(s). The escrow instructions for the successful bidder 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"
B. The buyer shall deposit the entire amount bid for the property, or a Note and Deed of Trust or
other instrument acceptable to the City,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
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2014-42
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.
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2014-42
EXHIBIT "1"
Vicinity Map
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LOCATION OF
PROPOSED SALE OF
CITY OWNED /44 .1110N.
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PROPERTY VICINITY MAP yy -.41.---
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CITY OF SAN BERNARDINO PROPOSED SALE OF CITY OWNED PROPERTY
PUBLIC WORKS DEPARTMENT
. , REAL PROPERTY SECTION LOCATED AT 241 E. 9TH STREET, IN
Si I I Dm Imo THE CITY OF SAN BERNARDINO.
(APN: 0140-241-45 & 54)
I Kw/A Indicates un-Incorporated areas within CIty's
2014-42
7
2014-42
EXHIBIT "2"
Plat Map
_ — — — — '"L -
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NVOC LOT 4 r 9 1 H ,...PCB S TREE F 7 NEC LOT S
'136 51 4
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:11(1A::.(,,,::l CITY OF SAN BERNARDINO PROPOSED SALE OF CITY OWNED PROPERTY
PUBLIC WORKS DEPARTMENT 241 E.9TH STREET
REAL PROPERTY SECTION APN'S: 0140-241-45&54
Prepared by: Ryan Sandoval Date: 8/02/2012 Legend:r.—-1■` _ciT OWNED PROPERTY
6.w M M
FILE 5.05-2$0 =PROPOSED AREA TO BE SOLD
2014-42
EXHIBIT "2-A"
Storm Drain Easement
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,
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(136.5) (14-- ',F, : 9)48 '4 E
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(455.0)
NEC LOT 4
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STORM DRAIN EASEMENT AREA
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT PROPOSED SALE OF CITY OWNED PROPERTY
REAL PROPERTY SECTION 241 E. 9TH STREET
Su - INN APN'S: 0140-241-45&54
CITY OWNED PROPERTY
Prepared by: Ryan Sandoval Date: 10/31/2013 Legend:=I =PROPOSED AREA TO BE SOLD
FILE NO.: 15.05-280 .N.X.N. =STORM DRAIN EASEMENT AREA
(APPROX.170S$7 SO.FT.)
2014-42
EXHIBIT "3"
CITY OF SAN BERNARDINO
REAL PROPERTY SECTION
OFFICIAL BID FORM - SALE OF REAL PROPERTY
LOCATION OF PROPERTY BEING SOLD:
241 E.9TH STREET:
A one-story special-use commercial building,totaling approximately 6,743 square feet on
two(2)contiguous parcels of land,totaling approximately 1.58 acres,generally located
on the south side of 9th Street,west of Waterman Avenue(APN'S 0140-241-45 &54)
In compliance with Specification No. 15.05-280,concerning the sale of the above City-owned property,the following bid is submitted:
Dollars ($ ),
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(6%minimum).
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 of the City of San Bernardino. Submission of this bid signifies that I understand and concur with the provisions
outlined in Specification No. 15.05-280 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 10:00 am,March 13,2014,in the Real Property Section,Public
Works 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
CORNER OF THE BID ENVELOPE:
SEALED BID
SALE OF CITY PROPERTY
SPECIFICATIRT NO. 15.05-280
241 E. 91-11 STREET