HomeMy WebLinkAboutRESOLUTIONS - 10151991 - 91-674 RESOLUTION NO. 91/674
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF CONTRA COSTA, CALIFORNIA
RESOLUTION RATIFYING APPROVAL OF
FORM OF AND AUTHORIZATION OF
EXECUTION OF A FACILITY LEASE
(2090 COMMERCE AVENUE, CONCORD)
WHEREAS, pursuant to that certain Lease, 2090
Commerce Avenue, Concord, California, (lease) dated May 5,
1981, the County of Contra Costa ("County" ) presently leases
from Joseph L. .Campbell and Elizabeth J. Campbell ("Lessor") ,
all of those certain premises commonly known as the Shennum
Center, Concord, California, for use as a detoxification
facility and/or a family stress center;
WHEREAS, this Board of Supervisors for Contra Costa
County -(the "Board") has previously found and determined and
hereby confirms that it would be in the best interest of the
County and the residents of the County for the County to enter
into an agreement entitled Facility Lease (2090 Commerce
Avenue, Concord) , tentatively dated as of August 1, 1991
(herein called the "Facility Lease") , which would supersede
the above described Lease and lease the entirety of the
premises at 2090 Commerce Avenue, Concord, to County (together
collectively called the "Demised Premises" and the "Project"
in the Facility Lease) and also provide for the transfer of
title to the premises to the County at the expiration of its
term without further payment by County, or prior to expiration
upon payment of certain portions of the rent reserved
thereunder;
WHEREAS, the County presently subleases said
premises to Bi-Bett Corporation, a nonprofit public benefit
corporation for use as said detoxification -facility and/or
family stress center;
WHEREAS, the Administrative Offices of the General
Services Department of the County held a public hearing on
October 10, 1991, after duly publishing a notice of public
hearing in the Contra Costa Times on September 25, 1991,
during which members of the public were given an opportunity
to be heard and comment on the proposed lease, [and during
which no comments were made] ;
WHEREAS, this Board, by Resolution No. 91/474
adopted on July 23, 1991, approved, subject to certain
conditions specified therein, the Facility Lease and
authorized the execution thereof by certain designated
officials of the County;
WHEREAS, the County has full legal right, power, and
authority under the Constitution and the laws of the State of
California to enter into the transactions hereinafter
authorized; and
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Contra Costa as follows :
Section 1 . All of the recitals herein are true and
correct and this Board of Supervisors so finds .
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Section 2 . The Board of Supervisors hereby FINDS
and DETERMINES and CONFIRMS that it is in the public
interest, convenience and welfare, and for the common benefit
of the inhabitants of the County that the County enter into
the Facility Lease and that it execute all documents related
thereto, including, without limitation, a Memorandum of Lease
in a form suitable for recording, in substantially the form
presently attached to the Facility Lease as Exhibit E, and
that the County obtain a leasehold policy of title insurance
as described in the Facility Lease.
Section 3 . The prior approval by this Board in
Resolution No. 91/474 of the Facility Lease, tentatively dated
as of August 1, 1991, and on file with the Clerk of the Board
of Supervisors, together with all Exhibits thereto, is hereby
RATIFIED and, subject to the conditions specified in
Section 4 of Resolution No. 91/474 , the prior authorization of
Chair of the Board of Supervisors and the Clerk of the Board
of Supervisors and County Administrator to execute and deliver
the Facility Lease in substantially said form, with such
changes therein as may thereafter be approved by counsel to
the County provided such changes do not materially increase
the obligations of the County, such approval to be
conclusively evidenced by the execution and delivery thereof,
together with all other related documents necessary to
effectuate the transaction contemplated therein, including,
without limitation thereby, the aforementioned Memorandum of
Lease, is hereby RATIFIED. The Clerk of the Board of
Supervisors is DIRECTED to file a copy of the Facility Lease
and all Exhibits thereto with the minutes of this meeting.
Section 4 . Subject to the conditions specified in
Section 4 of Resolution No. 91/474, the officers of the County
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are hereby AUTHORIZED and DIRECTED, jointly and severally,
to do any and all things and to execute and deliver any and
all documents which they may deem necessary or advisable in
order to consummate the transaction represented by the
Facility Lease and otherwise to carry out, give effect to, and
comply with the terms and intent of this Resolution and the
Facility Lease.
Section 5 . This Resolution will take effect from
and after its adoption and approval.
PASSED AND ADOPTED this 15th day of October
1991, by the following vote:
AYES: Supervisors Fanden, Schroder, Torl.akson,
McPeak, :Powers
NOES: None
ABSENT: None
Chair 6f/ the Board of Supervisors of the
County of Contra Costa, State of California
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