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BOARD OF TRUSTEES
SAN DIEGO COMMUNITY COLLEGE DISTRICT
SAN DIEGO, CALIFORNIA
|Amended Resolution of Intention|
to Lease School Property Not
Needed for School Classroom
Buildings and Fixing the Time and
Place at Which Bids Shall be
On motion of Member Rhinerson, seconded by Member Zschiesche, the following Resolution is adopted:WHEREAS
, the San Diego Community College District ("District") owns real property located at 8401 Aero Drive in the City of San Diego, County of San Diego, State of California, identified as APN 421-040-11 ("Site" or "Property"); and WHEREAS
, this Board has found that the District Property is surplus property pursuant to California Government Code Section 54220 et seq. and is not now, and will not at the time of delivery of possession be needed by the District for school classroom buildings; and WHEREAS
, this Board has complied with the applicable requirements of the California Government and Education Codes regulating the long-term lease of property by the District as lessor and provided proper notice pursuant to California Government Code Section 54222; and WHEREAS
, this Board has determined that it is in the best interest of the District to lease the surplus District Property to a responsible bidder, NOW, THEREFORE, BE IT RESOLVED
, that this Board hereby declares its intention to commence the process necessary to lease the surplus District Property in accordance with applicable law on terms and conditions contained in Exhibit "A" to this Resolution and subject to the following:
BE IT FURTHER RESOLVED
- The lease term of the District Property shall be for a period of up to ninety-nine (99) years; and
- The minimum acceptable bid for monthly base rent for the Property shall be $30,000 for the entire site or $15,000 per floor of the building. Once a lease has been entered into, the monthly rent shall increase for subsequent rent periods in accordance with the terms of the lease; and
- The amounts paid by lessee and designated as non-refundable, are reasonable estimates of the damages that at the time might be otherwise difficult to fix and ascertain. The lessee agrees that by submission of a bid, that said amounts are reasonable estimates of damages and agrees that said amounts shall be retained by the District as liquidated damages, and not as penalty; and
- The District will consider paying a commission of $2.00 per square foot to a licensed real estate broker representing a proposer in the matter of this lease; and
- Proposals shall not be accepted from employees of the San Diego Community College District.
, that notice is hereby given that all sealed, written proposals ("bids") for the lease of the surplus District Property must be delivered to the Vice Chancellor, Facilities Management, or his designee, at Room 310, 3375 Camino del Rio South, San Diego, California 92108 on or before February 9, 2015. No sealed bids will be accepted after 2:00 p.m. BE IT FURTHER RESOLVED
, that this Board hereby authorizes the Vice Chancellor, Facilities Management, or his designee, to open and read sealed proposals to lease at Room 310, 3375 Camino del Rio South, San Diego, California 92108 on February 9, 2015 at 2:15 p.m. BE IT FURTHER RESOLVED
, the Vice Chancellor, Facilities Management, be and is hereby authorized and directed to post this Resolution in three public places in the District not less than fifteen (15) days before February 9, 2015, and to publish a copy of this Resolution not less than once a week for three (3) successive weeks before February 9, 2015 in a newspaper of regular circulation in the District.
PASSED AND ADOPTED by the Board of Trustees of the San Diego Community College District of San Diego County, California, this 11th day of December, 2014, by the following vote, which constitutes a two-thirds majority vote of said Board, as required by law:
|AYES:||Graham, Grosch, Rhinerson, Senour, Zschiesche|
|STATE OF CALIFORNIA|
COUNTY OF SAN DIEGO
I, Amanda Ficken-Davis, Recording Secretary of the San Diego Community College District of San Diego County, California, do hereby certify that the foregoing is a full, true, and correct copy of the Resolution duly adopted by said Board at a regular meeting thereof at the time and place and by the votes above stated, which Resolution is on file and of record in the office of said Board.
Recording Secretary of the San Diego Community College District
APPROVED AS TO FORM:
Sandra J. Brower Attorney for San Diego
Community College District
- The Property may be leased pursuant to the terms described herein. The San Diego Community College District (“District”) will consider a single lessee to ground lease and develop the entire Surplus District Property, or individually lease separate floors of the existing building.
- Each written bid must be submitted on the District’s Bid Form, available as part of the Bidder Information Packet, which is available from San Diego Community College District Facilities Management, Room 310, 3375 Camino del Rio South, San Diego, California 92108, attention: David Backensto, (619) 388-6825, email@example.com. Each bidder, at the time of submission of its bid, must deliver to the District a certified check or cashier’s check in the amount of $15,000 as an initial bid deposit (“Initial Deposit”) payable to the San Diego Community College District. The Initial Deposit shall not be placed in escrow but shall be held by the District. The completed Bid Form, Initial Deposit, and other required information must be placed in a sealed envelope marked “Bid for the Surplus District Property,” and identify on the outside of the envelope, the bidder’s name and telephone and/or email address.
- At the time and place provided in the Resolution of Intention to Lease, the sealed bids will be opened and examined by the Vice Chancellor, Facilities Management, or his designee.
- The final acceptance or rejection by the District Board of a responsible written bid may be made during a regular session of this Board to be held no later than 10 days after the bid opening. After acceptance of a bid (the “Bid Award”), the District and the successful bidder shall enter into negotiations of a lease for the Property consistent with the provisions of the accepted bid and containing other provisions as the District may require (“Lease”).
- The Board reserves the right to reject any and all bids and to withdraw the Property from being leased at any time. This Board also reserves the right to waive any and all defects in bids and to waive technicalities. The Board reserves the right to terminate negotiations with the awarded bidder based on the information provided to the District as required in Section 12 below. If the District accepts a bid, the District may accept the highest bid made by the most responsible bidder that materially conforms to the terms and conditions specified in this Resolution.
- The bidder is responsible for inspecting the Property prior to submitting a bid. The District makes no warranties whatsoever concerning the exact area of the Site, or the condition of the Site, or any of the improvements thereon.
- Upon final acceptance by the District, if any, of a bid, the Initial Deposits of the unsuccessful bidders will be returned to them.
- The bidder acknowledges the Lease shall be subject to the City of San Diego’s current land use and zoning designation on the Property. Lessee shall be responsible for compliance with any and all applicable regulations for development of the Property.
- The bidder’s rights and obligations shall not be assignable without the prior written consent of the District. Said consent may be granted or withheld at the District’s sole discretion.
- In the event any legal action or litigation is undertaken by the District to enforce the provisions of the bid and agreement to lease, the bidder agrees to pay reasonable attorney fees incurred by the District.
- The Initial Deposit of the successful bidder shall become non-refundable and shall belong to the District without further action upon final acceptance of the bid by the Board. The successful bidder shall deposit with the Vice Chancellor, Facilities Management, or his designee, at Room 310, 3375 Camino del Rio South, San Diego, California 92108, within three (3) business days of final acceptance of the bid, an additional sum of $35,000 (“Additional Deposit”). The successful bidder shall have ninety (90) days commencing on the date the Additional Deposit is made (the “Due Diligence Period”) to satisfy itself that the successful bidder’s contemplated project can go forward. The successful bidder has three options to extend the Due Diligence Period for an additional 90 days each, at which time each option is exercised an additional $5,000 of the Additional Deposit becomes non-refundable. In the event the successful bidder fails to deliver notice to the Vice Chancellor, Facilities Management, or his designee at Room 310, 3375 Camino del Rio South, San Diego, California 92108, of its intention not to proceed with the Lease of the Property (“Cancellation Notice”) prior to the end of the Due Diligence Period or any exercised option(s) to extend it, the Additional Deposit shall immediately become non-refundable. In the event no Cancellation Notice is delivered and the successful bidder fails to execute the Lease and consummate the transaction as described herein, the Initial Deposit and the Additional Deposit shall be forfeited by the bidder and retained by the District as liquidated damages for the period the Property has been kept off the market due to the acceptance of said successful bid. The foregoing is without limitation or waiver of all other equitable and legal rights and remedies of the District with respect to the successful bidder’s failure to execute the Lease and consummate the transaction, including without limitation an action at law for damages. Further, District shall have the right, in its sole and absolute discretion, to terminate negotiations with the successful bidder at any time after the Due Diligence Period and any exercised option(s) to extend it, in the event a Lease has not been signed by such time. In such an event, the Initial Deposit and the Additional Deposit shall be kept by the District and the successful bidder shall be responsible for its own costs incurred with respect to the proposed transaction, except as provided in Section 12 below.
The following is a summary of deposits required and their disposition:
|When Deposit Made||Amount||Becomes Non-Refundable||Returned by District|
|Initial Deposit at time Bid Submitted||$15,000 CERTIFIED OR CASHIER’S CHECK||Upon award of Bid to bidder||Upon Rejection of Bid|
|Additional Deposit within three (3) business days of Bid Award||$35,000 CERTIFIED OR CASHIER’S CHECK||Failure to deliver Cancellation Notice to District prior to expiration of Due Diligence Period, including any exercised option(s) to extend the Due Diligence Period.||Upon Delivery of Cancellation Notice before expiration of Due Diligence Period minus any amounts used to extend the Due Diligence Period.|
The total amount of non-refundable deposits shall be applied toward the “Security Deposit” for the Leasehold subject to the terms and conditions of the Lease Agreement.
- The Lease shall be subject to such other terms and conditions as the District may require, including, but not limited to, District’s review and approval of the status of the entity making the bid. Accompanying the Bid and Initial Deposit provided above, lessee shall provide District with information regarding the financial condition of lessee and lessee’s guarantor(s), which may include: information demonstrating the overall financial strength of the development team and demonstrating the ability to provide necessary capital for funding predevelopment activities, securing construction and permanent loan financing, providing required equity either directly and/or with capital partners, and providing funding for ongoing operations (including maintenance, reserves, etc.). The information shall also demonstrate Lessee’s involvement in financing structures for projects similar to the proposed project and provide any information which would indicate a current relationship with financial resources who have demonstrated an interest in financing the proposed project. This information may include current prospectuses, financial statements, balance sheets and income statements. District’s acceptance of a bid shall not constitute a binding agreement with District for the lease of the Property, and any such binding obligation to lease shall occur, if at all, upon the execution of the Lease. In the event District and the successful bidder are not able to agree on all terms of the Lease or bidder cannot perform financially under the Lease to the District’s satisfaction based on the information required above, then the District may terminate negotiations with the successful bidder, open negotiations with the second responsible bidder and/or request new bids to lease. All deposits held by District shall be retained by District to the extent each such deposit has become non-refundable. If negotiations are terminated by the District as provided herein, such termination shall be without penalty or liability of the District to the successful bidder. If second responsible bidder is selected, bidder shall be required to resubmit initial and additional deposits prior to entering into negotiations.
- Each bidder should include in its bid proposal the terms of the Lease as provided in the term sheet (included in the Bidder Information Packet) including, but not limited to:
- Lease Term
- Monthly Rent Amount
- Proposed Use of the Premises
- District’s obligations to lease the Property must be in substantially the same form as the term sheet, which terms and conditions may not be materially altered.
Pub. Jan 13, 20, 27-00126751