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HomeMy WebLinkAboutAGENDA REPORT 1992 0219 CC REG ITEM 11ITO: FROM: DATE: MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 The Honorable City Council Steven Kueny, City Manager P% February 14, 1992 SUBJECT: Consider an Offer in Response to U.S. Postal Service Request for Purchase of a New Post Office Site The City Council has expressed an interest in siting the post office in the downtown area. With the recent option agreement with VCTC for the former railroad property on the south side of High Street, the City has considered the potential siting of the post office on a portion of this property. In November 1991, the Postal Service sought the City's comments on their proposal to construct an approximate 22,000 square foot building on an approximate 98,000 square foot site. The potential site was to be within the area bounded by Casey Road on the north, Spring Road on the east, and Tierra Rejada Road on the west and south. The City Council responded by indicating a preference to return the facility to the High Street vicinity of the downtown area. The Postal Service has now released the Advertisement for Site. A copy of the proposal package is attached. The requirements of the Postal Service include separate parking facilities for employees, delivery vehicles and customers; and desired minimum frontage of 300 feet and depth of 490 feet. This presents concerns regarding tle City's previously suggested High Street site. The property depth is only about 130 feet. In addition, the amount of required paved area may be out of character with the desired development of High Street. Responses to the Postal Service are due by February 28, 1992. If the Council decides to submit a response, specific direction must be given on February 19, 1992 to allow staff time to complete the City's offer. PAUL W. LAVVRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNAROO M. PEREZ ROY E. TALLEY JR. Ma.•O". Mavor Pro Tern Councilmembzr Cou- cilmember Councilmember The Honorable City Council February 14, 1992 Page 2 STAFF RECOMMENDATION Direct Staff as deemed appropriate. SK:sc 2143.tem Attachment U.S. Postal Service ADVERTISEMENT FOR SITES Facility Name Location (City, State, and ZIP +4) Moorpark, CA /Main Post Office Moorpark, CA 93021 -9998 Date January 21, 1992 1. The United States Postal Service (USPS) is seeking offers granting USPS the right to purchase a site located within or abutting the following preferred area: bounded by Casey Road on the North; Tierra Rej ada Road on the south; Spring Street on the East; Tierra Rejada Road on the West. 2. Offers must be received by the USPS before the close of business 5:00 pm February _28 '19 92 . Mail or hand deliver all offers to: M r. Frank De Fazio Los Angeles Facilities Service Office 3000 Ocean Park Blvd., 42001 Santa Monica, CA 90405 -3026 3. The minimum net usable site size desired is 300 feet of frontage x 490 feet of depth, or approximately98 , 000 -145 , 574 square feet of land, excluding setbacks, easements, water retention, septic requirements, etc. 4. Offerors must own or control the site and must state the price. If the offer is submitted by an agent for the owner, evidence of that agent's exclusive authority to sell the subject site must accompany the offer. 5. USPS prefers that offers be submitted via PS Form 7432, Offer to Sell Real Property, or PS Form 7428, Option to Purchase Land. USPS requires a minimum of months for acceptance of the offer. 6. You must include with the offer a copy of any applicable building and /or land restrictions that would in any way affect the intended use of the site. 7. The property offered must be properly zoned to permit use for a postal facility or must be capable of being rezoned for such use without delay of construction. The owner will be responsible for all action necessary to obtain zoning prior to purchase by USPS. USPS personnel will, if requested by owner or local officials, attend local hearings to present a summary of the position of the USPS regarding the site. 8. You must include a correct legal description in the offer. You should also include a plot plan or survey showing the site location and dimen- sions, the locations of any buildings thereon, and abutting streets and alleys, including widths and other pertinent information. Photographs of the site and a copy of the current deed are desired. 9. Important factors which will be considered include, but are not limited to, location, accessibility for customers, accessibility to transporta- tion networks, availability of utilities, soil conditions, and topography. 10. USPS reserves the right to negotiate with offerors for better terms, clarification of ambiguities, modifications, or any other changes; to secure offers on suitable properties in addition to those offered initially in response to this advertisement; and /or to reject any and all offers. 11. USPS intends to purchase a site by negotiations only. 12. Offers will not be publicly opened. Information as to the number of offers received, the identity of offerors, the properties offered, or the cost of the properties offered will not be made available to offerors or the public. 13. You may obtain additional information and PS Forms 7432 and 7428 from the undersigned by calling 1 310 ) 'A 14 -- Please include a preliminary title report with each offer. A representative of the U.S. Postal Service will be at the Moorpark, CA Main Post Office, 215 W. Los Angeles Avenue, on Friday, February 28, 1992 from 1:00 pm to 3:00 pm to answer questions and to receive offers delivered in person. Signature and Date Name and Title (Print or Type) Frank De Fazio Real Estate Specialist, Sr. rb rorm /4]U-A, March 1986 t U.S. Postal Service Offer to Sell Real Property UNTED STATES The undersigned, hereinafter called the seller, in consideration of mutual covenants and agreements herein set forth, and for other good and valuable consideration, the sufficiencyofwhich is hereby acknowledged, hereby makes the irrevocable offer to sell and convey to the United States Postal Service and its assigns, the fee simple title to the following described land, with the buildings and improvements thereon, hereinafter referred to as "land ", and all rights, hereditaments, easements and appurtenances thereunto belonging, located in the City of NOORPARK, County of VOMM, State of California bounded and described as follows: Bounded by Casey Rd cn the North; Tierra Rejada Rd. on the South; Spring St. on the East; Tierra Rejada Rd. on the West. Minimum net usable size desired is 98,000 - 145,574 Square Feet. subject to the following rights outstanding in third parties: Excepting and reserving to the seller the following rights and interests: The terms and conditions of this offer are as follows: 1. The seller agrees that this offer may be accepted by the United States Postal Service through any duly authorized representative, by delivering, mailing or telefaxing a notice of acceptance to the seller at the address stated below, at any time within Eight Months 240 calendar days from the date hereof, whereupon this offer and the acceptance thereof become a binding contract. 2. The Postal Service agrees to pay the seller for said land the sum of ($ ) ** ** dollars, payable upon approval bythe Postal Service of the seller's title and execution and delivery bythe seller of a good and sufficient general warranty deed conveying said land with the hereditaments and appurtenances thereunto belonging to the United States Postal Service and its assigns, in fee simple, free and clear from all liens and encumbrances, except those specifically excepted or reserved above, together with all right, title, and interest of the seller in and to any streams, alleys, roads, streets, ways, strips, gores, or railroad rights -of -way abutting or adjoining said land. 3. It is agreed that the Postal Service will defray the expenses incident to the recordation of the deed to the Postal Service and the procurement of the necessary title evidence. 4. The seller agrees that all taxes, assessments, and encumbrances which are a valid lien against the land as of the time of conveyance to the Postal Service shall be satisfied of record by the seller at or before the transfer of title and, the seller, will, at the request of the Postal Service and without prior payment ortender of the purchase price, execute and deliverthe general warranty deed to the Postal Service and obtain and record such other curative evidence of title as may be required by the Postal Service. If the seller fails to satisfy any such liens or fails to secure such curative evidence as required within sixty (60) days of acceptance of this offer by the Postal Service, the Postal Service may pay said liens and cure such defects and deduct any cost incurred from the purchase price of the land. Real Estate taxes for the current year, utilities and rents, if applicable, are to be pro-rated as of the date of dosing. 5. The seller agrees that loss or damage to the property by fire or acts of God shall be at the risk of the seller until the title to the land and deed to the Postal Service have been accepted bythe Postal Service through its duly authorized representative or until the right of occupancy and use of the land, as hereinbelow provided for, has been exercised by the Postal Service; and, in the event that such loss or damage occurs, the Postal Service may, without liability, refuse to accept conveyance of the title or it may elect to accept conveyance or title to such property, In which case there shall be an equitable adjustment of the purchase price. 6. The agents, employees or representatives of the Postal Service shall have the right, during the period of the offer, subject to the use made of the premises by the seller to enter upon the said premises for the sole purpose of inspecting the same and making test borings, plans and topographical surveys in connection with the Postal Service's contemplated use of the October 1991 U.S. Postal Service Offer to Sell Real Property WPM MEW premises. The Postal Service, at its expense shall promptly restore the property of the seller to its original condition in accordance with good engineering practices. 7. Possession of the property shall be delivered to the purchaser on the day the sale is consummated unless a different possession date is herein specified. 8. The seller agrees not to rent, lease or otherwise increase tenancy on any portion of the property subsequent to execution of this Offer to Sell Real Property. 9. It Is agreed that the spouse, if any, of the seller, by signing below, agrees to join in any deed to the Postal Service and to execute any instrument deemed necessary to convey to the Postal Service any separate or community estate or interest In the subject property and to relinquish and release any dower, curtesy, homestead, or other rights or interests of such spouse therein. 10. No member of or delegate to Congress may be admitted to any part or share of this option, or to any benefit arising from ft. This prohibition does not apply to the extent this option is with a corporation for the corporation's general benefit. 11.' a. The seller warrants that no person or selling agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the seller for the purpose of obtaining business. b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at its sole discretion, to deduct from the contract price or consideration, or otherwise recover from seller the full amount of the commission, percentage, brokerage fee, or contingent fee. c. Ucensed real estate agents or brokers having listings on property for sale, In accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this offer, may be considered as bona fide employees or agencies within the exception contained In this clause. 12. The terms and conditions aforesaid are to applyto and bind the heirs, executors, administrators, successors, and assigns of the seller. 13. The seller agrees that the Postal Service may acquire title to said land by condemnation or other judicial proceedings, In which event the seller agrees to cooperate with the Postal Service in the prosecution of such proceedings; agrees that the consideration hereinabove stated shall be the full amount of the award of just compensation, inclusive of interest, for the taking of said land; agrees that any and all awards or just compensation that may be made in the proceeding to any defendant shall be payable and deductible from the said amount. 14. Seller warrants that as of the date of this offer and of transfer of tine, except as specifically identified in this agreement, (1) the property(including the land, surface water, groundwater, and improvements to the land) is free of all contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state or federal law, and (2) there are no underground storage tanks or associated piping on the property. This warranty survives transfer of title and shall be binding upon seller, its successors and assigns. 15. All terms and conditions with respect to this offer are expressly contained herein and the seller agrees that no representative or agent of the Postal Service has made any representation or promise with respect to this offer not expressly contained herein. 16. Seller warrants that legal title is held as follows: (Show whether joint tenants, tenants in common, tenants by the entirety, etc.) 17. The following paragraphs were added or deleted before execution: October 1991 2 U.S. Postal Service Offer to Sell Real Property Signed, Sealed, and Delivered this Print Seller's Name* Print Seller's Name* Print Seller's Name* Print Seller's Name* Print Seller's Name* Print Seller's Name* ❑ See Attached Page for Additional Signatures Notice of acceptance of this offer to be sent to: Day of Signature Signature Signature Signature Signature Signature UNTM SMUs� Number and Street Name City, State and ZIP +4 Address of Seller Telephone No. Witness to Seller** Witness to Seller** * All individuals or co- owners must sign. M married, the spouse also must sign. If unmarried, the owner's legal marital status must be indicated. If the property Is owned by a partnership, all partners must sign or If a limited partnership, the general partner(s) must sign. If the property is in an estate or owned by a corporation, evidence of authority of the signatories must accompany the option. "This space will be used for witnesses to signatures If required by State law. Acceptance of Offer To Sell Real Property Date: The offer of the Seiler contained herein Is hereby accepted for and on behalf of the United States Postal Service. Print Name and Title of Contracting Officer Print Address of Contracting Officer Witness to Contracting Officer October 1991 3 Signature of Contracting Officer