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HomeMy WebLinkAbout1445 • RESOLUTION NO.. : 1445 A RESOLUTION DECLARING THE INTENTION OF THE CITY 'OF THE TOWN "OF LOS ALTOS HILLS. TO SELL PARCELS OF REAL PROPERTY AND CALLING FOR SEALED BIDS RESOLVED, by the City Council -of the City of the Town of Los ; - Altos Hills, County of Santa Clara, State of California, that WHEREAS, the City of the Town of Los Altos Hills (herein called' the "TOWN".) is the owner of. certain real property described as Matadero Creek Subdivision, namely,: TRACT. NO. '7187 , being a portion of Lots. land 2 of that part of the Rancho Purissima Concepcion Parti- tioned for Juana Briones, _W. Matthews, R.F. Budges and .T.B. Bishop, recorded in Book 'A' of Maps, at - Page. .21,: Santa Clara County Records, and consisting of Lots 1 to 20 , inclusive (herein called the "PROPERTY") ; and WHEREAS, the TOWN purchased 'and subdivided the PROPERTY in order to devote a portion thereof to open space and recreationaluses for which the City Council heretofore determined it to be well suited by reason of its location and natural setting, and to fund the acquisition of the portion of the PROPERTY to be dedicated to open space and recrea- tional uses by the controlled development and sale of: the lots within Tract No. 7187 for single family- residential use; and WHEREAS, the portions of the PROPERTY to be devoted to open space or recreational uses heretofore have beendedicatedon the Final. Sub- division Map of Tract No. 7187 for Open Space-Conservation and Equestrian Trail/Pedestrian Path Easements , among others; and WHEREAS, it is necessary to proceed with the sale of Lots 1,- 2 , 3 , ':4 , 5, 6 , 7, 8, .'9,, 11, 13 , 14 , 15, .16 , 18 , 19 and 20 of Tract • • No. 7187 in order to secure funds 'with which, to. pay the unpaid balance of the purchase price (and interest) of the PROPERTY; and WHEREAS, the. TOWN, which is authorized .to dispose of real property which it owns for the common benefit, has obtained an appraisal of the fair market value of Lots 1 to 20 , inclusive, NOW, THEREFORE, the City Council of the City of the Town of Los Altos Hills DOES HEREBY RESOLVE AND ORDER, as follows: . 1. The City Council hereby finds and determines that it would be in the best interest of and for the benefit of the TOWN and its inhabi- tants to sell Lots 1, 2, 3 , 4 , 5 , 6 ; 7 , 8 , 9, 11, . 13 , 14 , 15, 16 , 18 , 19 and 20 of the PROPERTY, and hereby declares its intention to sell said lots. 2 . The City Clerk of the TOWN is hereby directed to. cause to be posted in three (3) public places in the TOWN, and to publish once in the PENINSULA TIMES-TRIBUNE,- a newspaper of general. circulation pub- lished nearest to the TOWN and circulated in the TOWN, a Notice Inviting Sealed Bids to purchase any one or more than one of Lots 1, 2 , 3, 4 , 5, 6 , 7 , 8 , 9 , '11', 13, 14 , 15, 16 , 18 , 19 and 20 of Tract No. 7187 . 3 . Said sealed bids shall be delivered to the City Clerk of the TOWN at the Town Hall, 26379 Fremont Road, Los Altos Hills, California, on or before 7 : 30 o 'clock p.m. on Wednesday, July 7 , 1982. Bids will be publicly opened, examined and declared before the City Council at its meeting on Wednesday, July 7 , 1982 , in the Council Chambers, Town Hall, Los Altos Hills, California. The Mayor will 'then call for oral bidding. Following the July 7 , 1982 bid opening, sealed bids will be -2- i i accepted prior to each regularly scheduled City Council meeting held on the following dates, July 21, August 4 , August 18 , September 1 ► September 15 , October 6, October 20, November 3 , November 17 , December 1 and December 15 , 1982 , for all lots not previously sold. Sealed bids received by 7 :30 o'clock p.m. on said dates will be publicly opened, examined and declared and the Mayor will call for oral bidding. The form of bid required to be used by each bidder submitting a written bid is set forth in Exhibit "A" , attached hereto and incor- porated herein by reference. 4 . The minimum acceptable bid for each lot is: LOT NO. MINIMUM BID 1 $ 235, 000 2 220 ,000 3 250, 000 4 240,000 5 220 ,000 6 210,000 7 200,000 8 240,000 9 265, 000 11 230,000 13 280,000 14 290 , 000 15 310 ,000 16 295 , 000 18 320 , 000 19 285 , 000 20 270 , 000 All bids submitted must be cash bids, but a successful bidder may elect to pay in installments on the terms set forth in Exhibit "B" , -3- All attached hereto and incorporated herein by reference. 5. The PROPERTY shall be sold under the following additional terms and conditions : TERMS AND CONDITIONS 1. Lots 3 , 6 , 7 and 8 shall be sold subject to the restriction that the future resubdivision or division of each of these Lots is prohibited. 2. The TOWN will pay, upon close of escrow, a commis- sion not toexceed three percent (3%) of the sales price to any duly licensed real estate broker who represents a buyer whose bid is accepted by TOWN. 3 . Each sealed bid shall be accompanied by a separate cashier' s or certified check to the order of the TOWN in an amount equal to ten percent (10%) of the amount of the bid submitted. In the event a sealed bid of a bidder is accepted, the check shall become payable to the TOWN on account of the purchase price. 4 . Immediately following the opening of the sealed bids the City Council shall solicit and receive oral bids from persons then present in the City Council chambers. Provided, however, any initial oral bid received following the opening of the sealed bids shall be in an amount of at least five percent (5%) in excess of the amount of the highest sealed bid, and each succeeding oral bid made • shall be in an amount of at least One Hundred Dollars ($100. 00) in excess of the amount of the oral bid which immediately preceeded it. At the close of the oral bidding the highest oral bidders , if any, shall execute and submit the Bid Form stating the, amount of his bid, together with a check made payable to the order of the TOWN in an amount 0 equal to ten percent (10%) of the amount of the bid. If the oral bid is accepted, the check shall become payable to the TOWN on account of the purchase price. The -4- • -. deposits of each unsuccessful bidder will be returned at the close of the bidding. In the event two or more written bids of the same net amount on the same lot are received and oral bids are not made for said lot of five percent (5%) or more above the highest written bids, further oral bids will be allowed only by those written bidders havingsubmittedidentical written bids in increments of $100. 00 or more over the highest written bids. 5. The City Council reserves the right to waive any andall defects in any and all bids and to waive techni- calities, to continue the sale to another time than that herein specified, to receive any higher oral bids either following the opening of sealed bids or at such time to which the sale has been continued, to withdraw the Lots comprising the PROPERTY, or any or all of them, from sale, or to accept or reject any bid. In the event the City. Council is presented with a bid which, pursuant to these terms and conditionsa cora- ' mission is allowed and a bid for which a lesser commission or no commission is allowed, the City Council specifically reserves the right to accept the bid which realizes the highest net price tothe TOWN. 6 . Within five (5) days after the final . acceptance of a bid, the successful bidder shall open` an escrow account witha land title company to be selected by the TOWN and shall deposit in escrow in cash or cashier' s check, an amount equal to twenty-five percent (25%) of the full purchase price less his or her deposit. Escrow willclose within the thirty (30) day period following the opening of escrow unless changed by mutual agreement of the parties Before the close of escrow a cash buyer must deposit the balance of the bid price in cash or cashier' s check. . If the buyer elects to pay in install ments, the buyer, before the close of escrow, shall -5- • • deposit in escrow a duly executed installment note in the amount of seventy-five percent (75%) of the purchase price in the form attached as Exhibit "C" , and a duly executed and acknowledged first deed of trust on the Lot or Lots purchased in favor of the TOWN, in the form to be approved by the TOWN. An installment buyer shall obtain for the benefit of the TOWN a CLTA lender' s policy of title insurance from the land title company selected, in the amount of the purchase price and showing title to the property vested in the buyer and showing the TOWN' s lien to be a valid lien on the Lot or Lots being purchased. In addition, the TOWN may require an installment buyer to execute, before the close of escrow, an installment agreement containing the terms and condi- tions described in Exhibit "B" hereto, and such other terms. as the TOWN reasonably may require after reviewing the bidder ' s qualifications. 7. Before the close of escrow the TOWN will deposit in escrow a deed granting the Lot or Lots being purchased to the buyer, without warranty orcovenant of any kind, and subject to all liens, encumbrances, covenants and restrictions, and other clouds on title, of record or not. 8 . Escrow shall not close until all the conditions stated in Paragraphs' 6 and 7 have been satisfied. All interest on funds deposited in escrow, if any, may be retained by the TOWN and shall not be credited to any sums due the TOWN from the buyer. 9 . All closing costs, including, but not limited to all title insurance premiums, costs and fees of escrow, documentary transfer taxes, if any, recording fees and all other fees related to transfer of title and close of escrow shall be paid by the buyer. 10. Any bid made shall be subject to all the terms and conditions hereof. On the final acceptance of a bid these terms and conditions shall be binding on the bidder. -6- 4 • If a bidder whose bid is finally accepted fails to com- plete the purchase of the Lot or Lots bid upon within the time period specified and on the terms and conditions set forth herein, his deposit may be retained by the TOWN as liquidated damages. The bidder agrees that his or her deposit is a reasonable estimate of the TOWN' s damages in the event the bidder fails to complete the transaction. If the TOWN fails to fulfill its obligations to complete the sale of the Lot or Lots bid upon to a bidder whose bid has been finally accepted, on the terms set forth herein, the bidder will be entitled, as its sole remedy, to recover the full amount of its deposit. 11. By submitting any bid to purchase any of the Lots and by acceptance of title thereto, the successful bidder shall acknowledge, agree and represent to the TOWN that, in reliance solely upon their own investigation and judg- ment and not upon any statement, representation or other act or omission of the TOWN, its officers or employees, the successful bidder determined that the Lot or Lots bid upon in their existing "as is" condition are suitable for the successful bidder 's needs , uses and purposes, notwith- standing, among other things, any limitations, conditions or restrictions affecting the Lot or Lots bid upon. 12 . The successful bidder for the purchase of any Lot or Lots will be required to comply with all ordinances of the TOWN, and laws of the State of California, and of the United States of America, relating to the use of the Lot or Lots. 13. Time is of the essence. REGULARLY passed and adopted this 16th day of June, 1982 . B ATTEST: Mayor Ci y er. -7- • • EXHIBIT "A" BID FORM City of the Town of Los Altos Hills Matadero Creek Subdivision 1. BID FOR: Lot No. 2. CASH BID PRICE: $ , including ten percent (10%) deposit. A qualified successful bidder may elect to pay in installments (25% or more at close of escrow; balance carried at 14% annual interest payable monthly; principal balance payable three years from close of escrow; no penalty for early payoff) . I intend do not intend I to elect to pay in installments. I am represented by a licensed real estate broker whose name is and whose commission will be % (not to exceed 3%) . 3. Bidder's.Name (principals only) Type of Entity State of Corporation (partnership, corporation,, individual) Address Telephone Name of officer/manager/general partner Title 4. The undersigned bidder submits this bid subject to all the terms and conditions of the. Resolution of Intention to Sell Parcels of Real Property, dated June 16, 1982, and agrees to be bound thereby. DATED: Name of Bidder By (Signature) (Title) • • • • i • EXHIBIT "B" CONDITIONS APPLICABLE TO INSTALMENT BUYER 1. A bidder who is found to be responsible and qualified by the Council may elect to pay his or her purchase price in installments, as follows: 25% of the purchase price in cash at close of escrow. Interest payments at 14% annually; payable monthly, on the balance with principal due within three years of the close of escrow. He or she will be required to execute the Installment Note attached as Exhibit "C" hereto for the deferred portion of the purchase price. • 2. A bidder who intends to elect .to pay the purchase price of the Property in installments must note his or her intention on the Bid Form. The bidder may rescind his or her election to pay in installments at any time before the close of escrow by so notifying the City Clerk. 3. Prior to finally accepting the bid of an installment buyer, the Council will review the bidder's qualifications. The bidder must satisfy the City Council: A. That, if the bidder is other than.an individual, the bidder is • in good standing in the state of its organization and is qualified to do business in California, and that the parties executing the Bid Form and other documents relating to purchase of the Property on behalf of the bidder are competent to bind the bidder and are authorized to do so. In this regard, the Council may require, if the bidder is a corporation, certified copies of resolutions of the bidder's Board of Directors, or in the case of a partnership, certified copies of the partnership agreement, and the recorded certificate of limited partnership, if applicable, and such other organizational documents as the Council reasonably may request. B. That the bidder has the financial ability to make the installment payments in a timely manner. In this regard, the Council may require current audited financial statements of the bidder or its principals, or if there are no audited statements, financial state- ments which are certified by the bidder or its principals to be a fair representation of the financial condition and operation of bidder or its principals, as the case may be, determined in accordance with good accounting principles, and such additional supporting information as the City Council reasonably may require. In addition, the City Council may require the bidder or its prin- cipals to warrant that they now are not and have not been involved in bankruptcy, insolvency, or foreclosure proceedings, and are not in.default under any notes or other obligations. • 4. The City Council may make final acceptance of the bid of an install- ment bidder conditional upon the bidder's agreement to provide the Town with assurances that the installment note will be paid in a timely.. .•. manner. The Town may require the bidder_ to agree to: A. Provide the Town, during the term of the Installment Note, with • the year end audited or certified financial statements of the buyer and/or its principles, plus interim financial statements if available; and B. To pay the outstanding balance of the Installment Note upon the occurrence of (1) any events of default described in the Install- ment Note or in the Deed of Trust, (2) an adverse change in the buyer's financial condition sufficient to impair its ability to make timely payments on the Note, including the commencement of bankruptcy or insolvency proceedings against the buyer, and (3) the Town's discovery of material misstatements or omissions in any information provided by the bidder to the City Council. • • • • -2- - - -- - EXHIBIT "C" INSTALLMENT NOTE $ Los Altos Hills, California Due Date: , 19 FOR VALUE. RECEIVED, the undersigned, a ("MAKER") , promises to pay to the City of the Town of Los Altos Hills, a municipal corporation, or order ("HOLDER") , at Los .Altos Hills, California, on or before the duedate hereof, the sum of dollars ($. ) with interest on the unpaid principal balance at fourteen percent (14%) annually payable_ monthly onthe day- of ddoh month. InterestMiall be computed-daily on _the basis of-a.365-day: year and actual days elapsed: 1. Payments (a') Interest at the rate' of.; 14% annually payable monthly. Principal payable within three years: , of the close of escrow, or sooner. (b) This Note may 'be prepaid in whole "or in part at any upon ten (10) days advance written notice to the HOLDER. (c). All payments received on account of this Note shall be -applied first to sumsotherthan principal due hereunder andthen to the unpaid. balance hereof. • OP, (d) All payments due under this Note shall be paid in currency of the United States of America, which at the time for payment is lawful for the payment of public and private debts. • (e) All payments on this Note shall be made at the Town Hall, 26379 Fremont Road, Los Altos Hills, California, or such other place as the HOLDER of this Note may from time to time designate. (f) •All payments on this Note shall be without expense to the HOLDER and the MAKER agrees to pay all costs and expenses, including recon- veyance fees and reasonable attorneys ' fees of HOLDER, incurred in connection with the payment of this Note and the release of. any security herefor. 2. Waivers. (a) The MAKER and any guarantors or endorsers hereof hereby waive diligence, presentment, protest and demand, and noticeof protest, notice of demand, notice of dishonor and notice of non-payment of this Note, and expressly agree that this Note or any payment hereunder may be extended from time to time, and that the HOLDER hereof may accept further security or release any security for this Note, all without in any way affecting the lia- bility of the MAKER or any such guarantor or endorser. (b) No extension of time for payment of this Note or any installment hereof made by agreement by the . HOLDER hereof with any person now or hereafter liable for the payment of this Note, shall operate to release, discharge, modify, change or affect the original liability of the MAKER or any guarantors or endorsers under this Note, either in whole or in part. (c) The obligations of the MAKER under this Note shall be absolute and the MAKER waives any and • all rights to offset, deduct or withhold any payments or charges due under this Note for any reason whatsoever. 3. Default. (a) Any of the following shall constitute an event of default under this Note: -2- 411V Ilk • (i) Any failure to pay, in full, any payment required hereunder when due; (ii) Any failure in the performance by -the MAKER of any term, condition, provision or covenant set forth in this Note; (iii) The occurrence of any event of default under any agreement or any other instru- ment securing the obligations of MAKER under this Note. • (b) Upon the occurrence of such an event of default, the entire unpaid principal balance, together with all other sums then payable under this Note shall, at the option of the HOLDER, become immediately due and payable upon written notice to the MAKER without further demand. (c) Should any payment required under this Note not" be paid when the same becomes due and payable, without further notice and without prejudice to the rights of the HOLDER under any of the provisions of this Note or of any instrument which secures the Note, the MAKER shall, if required by HOLDER, pay to the HOLDER a "late charge" in the amount of $ 50.00 for each seven (7) day period said payment is late; provided, however, that no such late charge shall be payable if the HOLDER accelerates this Note because of such default. MAKER acknowledges that the actual expenses incurred by HOLDER in handling late payments is impossible to ascertain, and agrees that the late charge set forth above is a reasonable estimate of the additional expense of HOLDER resulting from late payments . (d) The failure to exercise any of the remedies or options set forth in paragraphs (b) and (c) above upon the occurrence of one or more of the fore- going events of default shall not constitute a waiver of the right to exercise the same or any other remedy at any subsequent time in respect to the same or any other default. The acceptance by the HOLDER hereof of any payment which is less than the total of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the fore- going remedies or options at that time or at any • subsequent time, or nullify any prior exercise of any such remedy or option, without the express consent of the HOLDER hereof, except as and to • the extent otherwise provided by law. -3- 4. Security. This Note is secured by a Deed of Trust of even date herewith wherein the MAKER is the Trustor, is the Trustee, and HOLDER is the Beneficiary, covering certain real property situated in the City of the Town of Los Altos Hills, County of Santa Clara, State of California, as more fully described therein. • 5 . Miscellaneous Provisions. (a) All notices hereunder shall be in writing and shall be deemed to be sufficiently given or served for all purposes when presented person- ally or sent by registered or certified mail or by telegraph, postage prepaid, to any party - hereto at the address set forth below or at such other addresses as any party shall sub- sequently designate in writing: MAKER: HOLDER: • (b) The MAKER promises to pay all costs and expenses, including reasonable attorneys' fees, incurred • by the HOLDER hereof in the enforcement of the provisions of this Note. _ (c) This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge it is sought. (d) This Note shall be governed by and construed in accordance with the laws of the State of • *California. -4- (e) The times for the performance of any obliga- tion hereunder shall be strictly construed, time being of the essence. • MAKER • By (Title) • -5- NOTICE INVITING SEALED BIDS Pursuant to Resolution No. 1445 entitled "RESOLUTION DECLARING THE INTENTION OF THE CITY OF THE TOWN OF LOS ALTOS HILLS TO SELL PARCELS OF REAL PROPERTY AND CALLING FOR SEALED BIDS" , adopted on June 16, 1982 , by the City Council of the City of the Town of Los Altos Hills, said Council hereby invites sealed bids in writing for the purchase of one or more than one of the following described Lots : Lots 1, 2, 3, 4 , 5 , 6 , 7 , 8 , 9 , 11, 13, 14, 15, 16 , 18 , 19 and 20 as shown on the Map of Matadero Creek Subdivision entitled "TRACT NO. 7187, being a portion of Lots 1 and 2 of that part of the Rancho Purissima Concepcion partitioned for Juana Briones, W. Matthews, R.F. Budges and T.B. Bishop, recorded in Book 'A' of Maps, at Page 21, Santa Clara County Records. The minimum acceptable bid for each Lot is; LOT NO. MINIMUM BID 1 $ 235 ,000 2 220 ,000 3 250 ,000 4 240 , 000 5 220 ,000 6 210 , 000 7 200 ,000 8 240 ,000 9 265 ,000 11 230 ,000 13 280 ,000 14 290 ,000 15 310 , 000 16 295 , 000 18 320 , 000 19 285 , 000 20 270 ,000 ® • Each sealed bid shall be delivered to the City Clerk of the City of the Town of Los Altos Hills at the Town Hall, 26379 Fremont Road, Los Altos Hills , California. Bids submitted by 7 :30 p.m. on the dates listed below will be publicly opened, examined and declared and referred to and considered by the City Council at its regular meetings on said days at 7 :30 p.m. in the Council Chambers , Town Hall, Los Altos Hills , California. July 7 , 1982 October 6 , 1982 July 21 , 1982 October 20 , 1982 August 4 , 1982 November 3 , 1982 August 18 , 1982 November 17 , 1982 September 1,: 19.82 December 1, 1982 September 15, 1982 December 15 , 1982 Each sealed bid shall be in writing and shall be accompanied by a separate cashier' s or certified check to the order of the City, in an amount equal to ten percent (10%) of the amount of the bid submitted. In the event a sealed bid of a bidder is accepted, such check. shall become payable to the City on account of the purchase price. Immediately following the opening of the sealed bids , the City Council shall solicit and receive oral bids from persons then present in the City Council Chambers . Provided, however, any initial oral bid received following the opening of the sealed bids shall be in the amount of at least five percent (5%) in excess of the amount of the highest sealed bid, and each succeeding oral bid made shall be in an amount of at least One Hundred Dollars ($100 . 00) in excess of the amount of the oralbid which immediately preceeded it. The Bid Form, which must be used by each bidder, and 'the Terms and Conditions of Sale, as set forth in Resolution No. 1445 , may be obtained from the City Clerk, Town Hall, 26379 Fremont Road, Los Altos Hills, California. The City Council reserves the right to waive any and all defects in any and all bids and to .waive technicalities, to continue the sale to another time than that herein specified, to receive any higher oral bids either following the opening of sealed bids or at such time to which the sale has been continued, to withdraw the Lots comprising the Property, or any or all of them, from sale, or to reject any or all bids. DATED: June 17, 1982. LOS ALTOS HILLS CITY COUNCIL By 12'24 '-'.- e'...--71---CityCrl'rler .g6-3:2"-"--' -2-