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Home My WebLink AboutCM Agreement to Purchase Tax-Defaulted Property (missing signatures)AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY This Agreement is made this day of by and between the County of Marin, through its Board of Supervisors, defined hereinafter as `County' ("SELLER"), and Marin Housing Authority ("PURCHASER"), in accordance with provisions of California Law. The SELLER, subject to the State Controller's approval, does hereby agree to sell to the PURCHASER the real property described in Exhibit "A" of this agreement. The real property situated within said county, hereinafter set forth and described in Exhibit "A" of this agreement, is tax -defaulted and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to the provisions of law. TERMS AND CONDITIONS It is mutually agreed as follows: That, as provided by Revenue and Taxation Code Section 3795, this agreement is to be submitted to and approved by the California State Controller before it becomes final. This agreement is not in effect until the California State Controller's authorization is received and the noticing process is complete, and 2. That this agreement becomes effective, by operation of law, at 5:01pm on the 2151 day after the date of the first publication, at which time the right of redemption terminates, and That the PURCHASER agrees to pay the sum of $58,982.90 for the real property described in Exhibit "A" within six 60 days after the date this agreement becomes effective. The approval and notice process will determine the effective date of the sale and the final purchase price. The PURCHASER agrees to pay the amount specified in Exhibit "A" for the properties described in Exhibit "A". Payment shall be in cash or certified funds payable to the Marin County Tax Collector. Upon receipt of said sums by the Tax Collector, the Tax Collector shall execute and record a deed conveying the title to said property to PURCHASER and after recordation the deeds will be returned to the purchaser by the County Clerk/Recorder, and 4. That the SELLER makes no representation concerning the condition of title to the subject property. The SELLER does not warrant title to the property or make any representations concerning the title. Additionally, the SELLER makes no representation concerning the physical condition of the subject property and the PURCHASER acknowledges that it is not relying upon any statements or representations of the SELLER concerning the subject property and is purchasing the subject property in its `as is' condition, and That the PURCHASER shall pay the other expenses in addition to the purchase price of the property, including but not limited to: the cost of giving notice of the notice of agreement, the cost of publishing or posting the notice of agreement, the cost of proceeding to obtain a clear title to the property, and the expenses incurred in the payment, compromise, or other method of removal of any liens or adverse claims against the property, and That if any of the properties listed in Exhibit "A" are redeemed prior to the effective date of this agreement, this agreement shall be null and void as to that property or properties. H-�-qLfa- Notwithstanding the foregoing, the agreement shall be binding and shall remain in full force and effect with respect to any remaining property, and 7. That this agreement shall become null and void and the right of redemption restored upon the failure of the PURCHASER to comply with the terms and conditions of this agreement prior to the tax deed recordation. The PURCHASER will be required to reimburse the Tax Collector for the costs for producing notice, publication, and actual costs incurred for preparing and conducting the agreement sale if these expenses have already been incurred, and 8. That the PURCHASER shall indemnify the SELLER from and against any and all liability, loss, costs, damages, attorney's fees, and other expenses which the SELLER may sustain or incur by reasons of a challenge to validity of the tax default sale of the property described in Exhibit "A". Pursuant to California Revenue and Taxation Code section 3809, a proceeding based on alleged invalidity or irregularity of any proceeding instituted can only be commenced within one year after the date of execution of the Tax Collector's deed, and 9. That the property acquired pursuant to this agreement may contain hazardous wastes, toxic substances, or other substances regulated by federal, state, and local agencies. The SELLER in no way whatsoever assumes any responsibility, implied or otherwise, and makes no representations that the property(s) are in compliance with federal, state, or local laws governing such substances. The SELLER in no way assumes any responsibility, implied or otherwise, for any costs or liability of any kind imposed upon or voluntarily assumed by the PURCIIASER or any other owner to remediate, clean up, or otherwise bring into compliance according to federal, state, or local environmental laws property purchased, and 10. That the SELLER and the PURCI IASER agree that under United States Code, title 42, section 9601(20,d), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) expressly excludes local and state governments from clean up liability for properties they acquire as a result of tax delinquencies. Notwithstanding this provision, the PURCI-IASER shall defend, indemnify, and hold harmless the SELLER, its board of supervisors, officers, claims, actions, liabilities, losses, damages, and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of this agreement, regardless of whether caused in part by a party indemnified hereunder, including but not limited to allegations that the SELLER and/or the SELLER's officers, directors, agents, employees, or volunteers are liable for costs or other charges related to the remediation, clean up, or other work necessary to bring any property purchased under this agreement into compliance with deferral, state, or local environmental laws, and 11. That the PURCIIASER agrees to use the parcel for public purpose and the specified intent of use set forth by the PURCIIASER as described in Exhibit "A" of this agreement. The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. This document is being executed in counterpart each of which constitutes an original. ATTEST: MARIN HOUSING AUTHORITY Purchaser (Seal) ATTEST: BOARD OF SUPERVISORS Clerk of the Board of Supervisors LM Deputy Clerk, Board of Supervisors County of Marin By MAR1N HOUSING AUTHORITY By __ MARIN COUNTY — By Kathrin Sears President, Board of Supervisors Pursuant to the provisions of Revenue and Taxation Code section 3775, the governing body of the City of San Rafael hereby agrees to the sale price as provided in this agreement. ATTEST: SAN RAFAEL, CITY COUNCIL =% L'ihdsay Lara; City Clerk City of San Rafael By CITY OF SAN RAFAEL By__ Ji rz, Cit Manager Pursuant to the provisions of Revenue and Taxation Code section 3775, the Controller agrees to the selling price hereinbefore set forth and, pursuant to the provisions of section 3795, approves the foregoing agreement this day of is approved. BETTY T. YEE, STATE CONTROLLER am EXHIBIT A APN: 017-280-06 APN First Year Defaulted Default Number Total Purchase Amount 017-280-06 2011 24303 Purchase Price $58,600.00 Transfer Tax 182.90 Monument Fee 0.00 Total Purchase Amount $58,782.90 Description All that certain real property situate in the County of Marin, State of California, described as follows: 4.59% INTEREST, AS TENANT IN COMMON, IN LOT 2, IN BLOCK 18, AS SHOWN ON THE MAP ENTITLED, "MAP OF EAST SAN RAFAEL, MARIN CO., CAL.", FILED FOR RECORD JANUARY 21, 1908 IN VOLUME 2 OF MAPS, AT PAGE 109, MARIN COUNTY RECORDS, AND AS SHOWN ON MAP OF RECORD OF SURVEY, LOT 2, BLOCK 18, MAP OF EAST SAN RAFAEL, CALIFORNIA, FILED FOR RECORD MARCH 8, 1962 IN BOOK 3 OF SURVEYS, AT PAGE 11, MARIN COUNTY RECORDS. TOGETHER WITH THE FEE TITLE TO APARTMENT FIFTEEN, GARAGE FIFTEEN, STORAGE SPACE FIFTEEN, PATIO OF DECK FIFTEEN, ALL SHOWN AS UNIT FIFTEEN ON THE "MAP OF RECORD OF SURVEY, LOT 2, BLOCK 18, MAP OF EAST SAN RAFAEL, CALIFORNIA", FILED FOR RECORD MARCH 8, 1962 IN BOOK 3 OF SURVEYS, AT PAGE 11, MARIN COUNTY RECORDS. EXCEPTING, HOWEVER, APARTMENTS ONE THROUGH FOURTEEN AND SIXTEEN THROUGH TWENTY-ONE, GARAGES ONE THROUGH FOURTEEN AND SIXTEEN THROUGH TWENTY-ONE, STORAGE SPACES ONE THROUGH FOURTEEN AND SIXTEEN THROUGH TWENTY-ONE, PATIOS OR DECKS, ONE THROUGH FOURTEEN AND SIXTEEN THROUGH TWENTY- ONE, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY MAP DESCRIBED ABOVE, AND YARD AREAS TWO THROUGH EIGHT AS SHOWN ON EXHIBIT A ATTACHED TO CONDOMINIUM GRANT DEED FROM PACIFIC COAST TITLE COMPANY OF MARIN, A CORPORATION TO ELSIE JANE RODRIGUES, A WIDOW, DATED THE 15TH DAY OF OCTOBER, 1962 AND RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARIN COUNTY ON OCTOBER 15, 1962 IN BOOK 1620 AT PAGE 468. Intended Use Exhibit A: Page 1 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager Project Manager: Jim Schutz Extension: 3475 Contractor Name: Marin County Tax Collector (Approval of Tax Land Sale Purchase Price of Delinquent Assessor's Parcel No. 017-280-06 (50 Sonoma Street, Apt. 15, San Rafael) Contractor's Contact: Liz Clark, Deputy Tax Collector Contact's Email: taxcollector@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION REVIEWER COMPLETED DEPARTMENT DATE Check/Initial 1 Project Manager n/a a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City 8/22/19 Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement n/a 2 City Attorney and return to Project Manager b. Confirm insurance requirements, create Job on n/a PINS, send PINS insurance notice to contractor 3 Department Director ❑ Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to ❑ 4 Project Manager contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 6 Project Manager Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds City Attorney 8 r��27 I► -1i `NN + (for Public Works Contracts) � 9 City Manager/ Mayor Agreement executed by City Council authorized S,`_—1 official jj 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager TAX COLLECTOR ROY GIVEN, CPA ..~=•.='.`;:: DIVISION OF THE DEPARTMENT OF FINANCE DIRECTOR OF FINANCE COUNTY OF MARIN �'+ MINA MARTINOVICH, CPA, ASSISTANT RECEIVED SANDRA KACHAROS, DIVISION CHIEF August 22, 2019 Jim Schutz, City Manager City of San Rafael 1400 Fifth Avenue, Room 203 San Rafael, CA 94901 AUG 2 2 2019 CITY ATTORRY RE: Approval of Tax Land Sale Purchase Price of Delinquent Assessor's Parcel No. 017-280-06 Dear Mr. Jim Schutz, In accordance with California Revenue and Taxation Code §3700, the City of San Rafael along with other government agencies, taxing authorities and non -profits were notified in August 2017 of tax defaulted properties available for purchase. This notice requested response from recipients interested in the purchase of any or all available properties. No response was received from the City of San Rafael. Marin Housing Authority, however, responded to purchase parcel no. 017-280-06 located at 50 Sonoma St, Apt 15 in San Rafael, in a Chapter 8 Tax Land Sale. Pursuant to California Revenue & Taxation Code §3775, the Marin County Tax Collector must obtain approval of the purchase price from the incorporated City in which the tax defaulted parcel is located. The purchase price for parcel no. 017-280-06 is $58,600.00. This request seeks approval from the City of San Rafael of said purchase price. Approval includes signature to the enclosed purchase agreement. Upon approval, please return to the tax collector's office three (3) signature pages with wet signatures in blue ink. Should you have any questions, please contact either Sandy Kacharos, Chief Deputy Tax Collector, at 415.473.6177 or me directly at 415.473.6909. Thank you for your consideration. Sincere regards, Liz Clark Deputy Tax Collector Department of Finance, Property Tax Division P.O. Box 4220 • San Rafael, CA 94913 • Civic Center • Room 202 • Phone (415) 473-6133 • FAX (415) 473-4011 CRS Dial 711 • www.marincounty.org/taxes • taxcollector@marincounty.org $ k ƒ N En 0 c _ « k 0 / ƒ M k \ k E / / � 0 ƒ k Vif § 0 I ID I P, I » 2 g k 0 ± # e f £ u m4 g ƒ \0 0 £ \ \ / § $ t E t 0 S e \ \ R 0 J\ / L. E r O E u u '0 � \ y ƒ d \\ i CL cu LO aai %ƒ / L. \ § ¥ / ^ ( # — 2 tn C/)/ \ / fu c § ® ° _ 7e 3 e � � ° u \ % / ®t / X = � §u / 2 a m e o § § k cri ) J $ k \ « E f \ / / ,'n% \ R / ( \ o § § U a.\ ° u LO / 3 / CD \ ^ U 04 / C?\ 0 \ 0 L • P / y / wW G ® U k 0 > \ 0 £ 0 2 q R > \ /OL fu v ® a % a / o x 2 3= u \ ® e I.- ) 2 § § / _ « / e > S 0 ® f \ / / ( t 2 2 Q E ui Z3 u / LU k m 0 I