HomeMy WebLinkAboutMINUTES - 08031999 - C145 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: August 3, 1999
SUBJECT: AUTHORIZE THE EXECUTIVE DIRECTOR TO ENTER INTO A LEASE FROM THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO THE COUNTY OF
CONTRA COSTA AND ANY OTHER NECESSARY DOCUMENTS FOR USE OF THE
ADMINISTRATION BUILDING OF THE BAYO VISTA HOUSING DEVELOPMENT AT 2
CALIFORNIA STREET,RODEO, CALIFORNIA.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ANION:
AUTHORIZE the Executive Director of the Housing Authority to execute a tease and any other necessary documents
with the County of Contra Costa for use of the Administra°ion Building of the Bayo Vista Housing Development at 2 California
Street,Rodeo,California for an annual rental of$2,000 payable in advance in one lump sura on or before July I`of each
calendar year during the tem. of July 1, 1999 to June 30,2004.
€€. FINANCIAL IMPACT:
The rental rate is$2,000.00 per year over a five year period which will go into tl:e Housing Authority of the County of
Contra Costa's Non-Dwelling Rentals account which is a General Fund Account which is used to provide genera:maintenance
for the Housing Authority.
III. REASONS FOR RECOMMENDATION/BACKGROUND
T'he County of Contra Costa will use the premises to provide for the operation of a Head Start and/or pre-school
facility.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director to enter into the Lease with the
County of Contra Costa,the residents may no longer be able to attend school,go to job training,or be gainfully employed,and
this would be a detriment to the development,as well as the community.
CONTINUEDN A
O ATTACHMENT: YES SIGNATURE
%RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): F/
ACTION OF BOARD ON _ 9 APPROVED AS RECOMMENDED _BIER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UTNANIMOUS (ABSENT - ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKENT AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHO)&__. .
ATTES'T'ED
PHIL`S ATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
_t
bo-bayo vsta Ise
LEASE
FROM
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO
COUNTY OF CONTRA COSTA,
FOR
2 CALIFORNIA ST'REET, RODEO, CALIFORNIA
TABLE OF CONTENT'S
SECTIO Aa BASIC 'TERMS AND CONDITIONS
A.I. PARTIES ..................................................................................................... 1
A.2. LEASE OF PREMISES MISES......a....................................................................... I
A.3¢¢. PURPOSE.................................................................................................... I
A.4. TER .......................................................................................................... 1
A.5. NT...............................................................................D........................... 1
A.6. LATE E PAYMENTS..........................................................................s..........
A.7. EXTENSION...............................................................................................3$
A. . UTILITIES IES... 3
................................................................................................
A.9. JANITORIAL..............................................................................................3
A.10. MAIN'TENANC'E AND REPAIRS.............................................................4
A.1 1. NOTICES.....................................................................................................4
A.I2. �ATTACHMENTS
�i��T TACHMEN I`S`( yq./ ....Y.y............................................................................y/�
A.13. WRITTEN R.I'TTEN S� RAdE�y(11[d�4pl��E Q E�/{..p.........................................................................6
A.14. TIME ISOF THEyg �yypAJ..i�gASEN 8d.....................................................................Grp
A.15. SIGNATURE BLOCK................................................................................ 6
SECTION
R. STANDARDPROVISIONS
ROVI IO S
B.I. HOLDINGOVER
E ..................
..................................................................... d
R.2 USE
OF PREMISES ...................................................................................7
R.3. HOLD HARMLESS....................................................................................7
B.4. ALTERATIONS, FIXTURES, AND SIGNS.............................................. 7
R.5. E°ST'RUCTIBSN..................a.......................................................................8
R.S. QUIET ENJOYMENT................................................................................8
II.7. DEFAULTS .................................................................................................8
R.8. SURRENDER OF PREMISES...................................................................9
7R.9. SUCCESSORS AND ASSIGNS.................................................................. 9
B.1 0. SEVERABILITY
sVE88 $ILII .........................................................................................9
I.11. WAST (, NLISANCE.............................................................4............. ......9
I .12. INSPECTION...............................................................................................9
R.13. WAIVER.................................................................................................... 1f
SECTION C. SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE.............................................................. 11
C.2. INSURANCE............................................................................................. 11
C.3. TERMINATION........................................................................................ 11g
CA. SHARED USE OF COMMUNITY HALL............................................... 11
C.5. IN-10ND CONTRIBUTIONS................................................................... 12
EXHIBITS
EXHIBIT A. PREMISES
BayoV x.83 06249%dioe
Created on June 24,1999 7:38 PM
LEASE
FROM
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO
COUNTY OF CONTRA COSTA
FOR
2 CALIFORNIA STREET, RODEO, CALIFORNIA
SECTION A< BASIC TERMS AND CONDITIONS
Ael. PARTIES: Effective on , THE HOUSING AUTHORITY
OF THE COUNTY OF CONTRA COSTA, hereinafter called "AUTHORITY," and. THE
COUNTY OF CONTRA COSTA, a political subdivision of the State of California,
hereinafter called "COUNTY," mutually agree and promise as follows:
,Aa2. LEASE OF PREMISES: AUTHORITY, for and in consideration of the rents,
hereby leases to COUNTY, and COUNTY leases from AUTHORITY those certain
premises described as follows: the Community Hall, offices, kitchen and restrooms
located within the Administration Building of the Bayo Vista Housing Development at 2
California Street, Rodeo, California as shown on Exhibit "A", attached hereto and made a
part hereof.
A<3, PURPOSE: The purpose of this agreement is to provide for the operation of a
Dead Start and/or pre-school facility.
AA. TERM: The term of this Lease shall be FIVE (5) years commencing July 1, 1.999
and ending June 30, 2004,
A.58 RENT: COUNTY shall pay to AUTHORITY as rent for the use of said premises
an annual rental of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00), payable
in advance in one lump sum on or before July l st of each calendar year during the tern of
this Lease to:
Housing Authority of the County of Contra Costa
Attn: Fiscal Department
P.O. Box 2759
?Martinez, CA 94553
atm
AUTHORITY shall have the right to initiate a rent revaluation process
("Revaluation Process") for increasing the monthly rent ("Increased Mgnthly lent") for
each Lease Extension. AUTHORITY shall commence the Revaluation Process by
providing written notice to the COUNTY of its desire to commence the Revaluation
Process ("Revaluation Notice") at lust seven (7) months before the commencement of
each Lease Extension as shown in Section A.7.
Within thirty (30) days following receipt of the Revaluation entice ("Negotiation
Period"), AUTHORITY and COUNTY shall meet and negotiate to establish the
Increased Monthly Rent. If the parties are enable to agree on the Increased Monthly Dent
during the Negotiation Period or within a reasonable time thereafter, either party may
request that the matter be submitted to binding arbitration before a single neutral
arbitrator, selected jointly by the parties. The sole purpose of the arbitration shall be to
determine the fair market rental value of the Premises, at a rate consistent with
comparable rentals within the area, and on that basis, to establish the amount of the
Increased Monthly hent daring each Lease Extension. The arbitrator shall have
substantial experience in the geographical real estate market where the Premises is
located. The arbitrator shall conduct arbitration under the provisions of the commercial
arbitration rules of the American Arbitration Association. The arbitration shall be
conducted in Contra Costa County, California, unless the parties agree to another
location. If the parties cannot agree on ars arbitrator within the thirty (30) day period, the
matter will be submitted to the American Arbitration Association ("AAA") for the
immediate selection of the arbitrator. Costs and fees of the arbitrator shall be borne by
the non-prevailing party unless the arbitrator for good cause determines otherwise, Each
party shall pay its own attorneys fees, expert and non expert witness expenses and other
costs and expenses incurred in connection with the arbitration. COUNTY shall have
thirty (30) days following receipt of the arbitrator's decision to either accept the
arbitrator's decision and agree to the Increased Monthly Dent as determined by the
arbitrator, or to reject the arbitrator's decision and terminate this Lease in accordance with
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Section C.3. The Increased Monthly Dent shall be effective on the first day of the month
following agreement as to the Increased Monthly Rent.
A.6a LATE PAYMENTS: If any rent is not paid to the AUTHORITY within TES'
(10) days after the due date, a late charge of FIFTY AND NO/100 DOLLARS ($50.00)
shall be added to the payment and the total sure shall become immediately due and
payable to AUTHORITY.
If any utilities are not paid to the AUTHORITY within TEN (10) days after the
due date, a late charge of FIFTEEN AND Nth/100 DOLLARS ($15.00) shall be added to
the payment and the total sum shall become immediately due and payable to
AUTHORITY.
Aa7® EXTENSION:N: This Lease may, at the option of the COUNTY, be extended upon
the sane terms and conditions as follows:
a. First Option to Extend Lease. For a TWO (2) year term, commencing
April 1, 20€14 and ending March 31, 2006.
b. Second Option to Extend Lease, For a TWO (2) year term, commencing
April 1, 2006 and ending March 31, 2008.
It is understood and meed COUNTY shall give AUTHORITY thirty (30) days
prior written notice of its intention to exercise any option to extend this Lease. However,
in the event COUNTY dues not give such written notice, its right to exercise any option
before termination of the Lease shall not expire until fifteen (15) working days after
receipt of AUTI- GRIT's written demand to exercise or forfeit said option.
A.S. UTILITIES: COUNTY shall pay to AUTHORITY in advance each month on the
first day of each month during the term of this Lease, ONE HUNDRED AND NO/100
DOLLARS ($1€10.00) to reimburse AUTHORITY for the cost of gas, electric, water and
sewer services, except that AUTHORITY shall not be reimbursed for the months of June,
July and August of each year, when the Head Start program is not in session.
Ae9a JANITORIAL.- COUNTY shall provide and pay for its janitorial services and
refuse collection services provided to the demised premises.
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A.10. MAINTENANCE AND REPAIRS:
a) AUTHORITY shall be responsible for all maintenance And repairs to the
building, including the roof and exterior of building and shall maintain the
structural integrity of the building.
b) COLTNi NTY shall keep and maintain the interior of the premises in as good
order, condition, and repair as when accepted, including doors and their
fixtures, closers and hinges, Mass and glazing, and locks and key systems
used in the demised premises. But Authority shall repair damages to the
interior caused by roof leaks and/or interior and exterior wall leaks.
c) AUTHORITY shall maintain and repair the electrical, lighting, water and
plumbing systems in good order condition and repair.
d) AUTHORITY shall maintain and repair the heating, ventilating, and air-
conditioning systems.
e) AUTHORITY shall maintain the parking lot, landscaping, sprinkler system,
and exterior lighting system in good order, condition, and repair.
COUNTY shall maintain the play equipment and landscaping located
within the playground area.
f) AUTHORITY shall provide and install, at the direction of the Fire Marshal,
the necessary number of AaB-1C fire extinguishers for the premises.
COUNT TY shall maintain and repair kitchen fixtures, equipment, and
appliances in good order condition and repair.
h) COLNTY shall not suffer any waste on or to the demised premises.
i) AUTHORITY shall be responsible for the correction of any code violations
which may exist in the premises, provided AUTHORITY ITY shall not be liable
for correction of code violations which arise out of and are directly related
to a change in COU TY's occupancy or use of the premises.
A.tlq NOTICES; All notices given hereunder shall be in writing and shall be deemed
to have been given if personally delivered or deposited in the United States mail postage
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A.13e t 'I" ' El ENT: Neither party has relied on any promise or
representation net contained in this Lease. All previous conversations, negotiations, and
understandings are of no farther force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs are for convenience only
and are not a part of this Lease, nor shall they be considered in constraaing the intent of
this Lease.
y
A614. TIME IS OF THE ESSENCE of each and all of the teras and provisions of this
Lease.
.15. SIGNATURE BLOCK
COUNTY LESSOR
COU` TY OF CONTRA COSTA, a THE HOUSING AUTHORITY OF THE
political subdivision of the State of COUNITY OF CONTRA COSTA
California
By By-----
Director
y - -..,v—Director of General Services Executive Director
RECOMMENDED FOR APPROVAL:
By
Director of Capital Facilities and
Debt Management
By
Director of Community Services
By
Deputy General Services Director
By—
Lease Manager
APPROVED AS TO FORM:
VICTOR J. WES'fMANT , County
Counsel
By--
Deputy ---
Deputy
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LEASE
FROM
HOUSING G A THO ITY OF THE COUNTY OF CONTRA COSTA
TO
COUNTY OF CONTRA COSTA
FOR
2 CALIFORNIA STREET, RODEO, CALIFORNIA.
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term or extension of this Lease as
provided hereinabove shall be construed to be a tenancy from month to month, subject to
the teras of this Lease so far as applicable.
.2m USE OF 'REMISES; The premises shall be used during the term, and extension
thereof solely for the purposes of conducting Head Start and/or Child Development
Programs, to be operated by the COUNTY or through agreement with the Contra Costa
County Community Services Department. When said agreement with the Contra Costa
County Community Services Department is terminated then this Lease shall
automatically terminate.
B.3. LOCO HARMLESS: COUNTY shall indemnify, save, protect, and hold
harmless the AUTHORITY, its officers, agents and employees, from any and all claims,
costs, and liability, including reasonable costs and attorneys fees, for any damage, injury,
or death, including without limitation all consequential damages, from any cause
whatsoever to persons or property arising directly or indirectly from of connected with
this Lease, COUNT TY's operations, or CO TY's use or possession of the leased
premises, save and except claims or litigation arising through the sale negligence or sole
willful misconduct of AUTHORITY, its officers, agents, or employees, and, if requested
by AUTHORITY, will defend any such actions at the sole cost and expense of
L'NT`Y`.
BA. ALTERATIONS FIXTURES AND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach fixtures and signs in or upon the premises, which
shall remain Ct3LTNI'TY property and may be removed therefrom by COUNTY prior to
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the termination of this Lease. Any such alterations, signs, or fixtures sell be at
COUNTY's sole cost and expense, and all signs shall meet wit)i existing code
requirements and AU'I'I- ORITY's approval. Upon removal of said fixtures or signs,
COUNTY shall restore the premises to good order, condition, and repair,
A DESTRUCTION:
a. In the evert of damage causing a partial destruction of the premises during
the term of this Lease from any cense, and repairs can be aerie within sixty
(60) days from the date of the damage e ander the applicable laws and
regulations of governmental authorities, AUTHORITY shall repair the
damage promptly and within a reasonable time, but such partial destruction
shall not void this Lease, except that COUNTY shall be entitled to a
proportionate reduction of rent while such repairs are being made, such
proportionate reduction to be based upon the extent to which the portion of
the premises unusable by COI ANTY bears to the total area of the premises.
b. If such repairs cannot be made in sixty (60) days, AUTHORITY may, at its
option, make the same within a reasonable time, the rent to be
proportionately reduced as provided in the previous subparagraph. In the
event AUTHORITY does not so elect to make such repairs (which cannot
be made in sixty < 0> days), or such repairs cannot be made under such
laws and regulations, this Lease may be terminated at the option of either
Pte'.
C. A total destruction of the premises or the building in which the premises are
located shall terminate this Lease.
,b, 0 IET ENJOYMENT: AUTHORITY covenants that COUNTY shall at all
tunes during the said term peaceably and quietly have, hold, and enjoy the demised
premises without suit, trouble or hindrance from or on account of AUTHORITY as long
as COUNT' fully performs hereunder.
Bel. DEFAULTS:TS: In the event of COUNTY's material breach of any of the covenants
or conditions herein, AUTHORITY may re-enter and repossess the premises and remove
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all persons and property therefrom after giving COUNTY written notice of such default
and in accordance with due process of law. ,,
In the event of such a breach by A T OR.ITY, OLNI T'Y may terminate the Lease and
quit the premises without further cost or obligation or may proceed to correct the problem
resulting fۥom the breach and deduct the cost thereof from rental payments due to
AUTHORITY, provided that COUNTY has given AUT14ORITY written notice of the
breach and provided that AUTHORITY has not made a substantial effort to correct the
breach.
.8, SURRENDER OF PREMISES: On the last day of the tern, extension, holding
over, or sooner termination of this Lease, COUNTY will peaceably and quietly leave and
surrender to AUTHORITY these premises with their appurtenances and fixtures (except
signs and fixtures referred to hereinabove) in good order, condition, and repair,
reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the
elements, by Act of God, or by circumstances over which COUNTY has no control
excepted.
.9. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall
extend to and be binding upon and inure to the benefit of the heirs, successors, and
assigns of the respective parties hereto,
.I€Ib SEVERABILITY: In the event that any provision herein is held to be invalid by
any court of competent jurisdiction, the invalidity of any such provision shall not
materially prejudice either COUNTY or AUTHORITY in its respective rights and
obligations contained in the valid provisions of this lease.
.110 WASTE. NUISANCE: COUNTY shall not commit, or suffer to be committed,
any waste upon the leased premises, or any nuisance or other act or thing which may
disturb the quiet enjoyment of any other occupant of the neighborhood in which the
leased premises are located.
B.I2d INSPECTION: AUTHORITY" reserves the right to eaten the premises by prior
appointment only between the hours of 9:00 a,m. and 4.30 p.m., Monday through Friday,
holidays excepted, and to employ the proper representative or contractor in order to see
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that the property is being reasonable cared for, that no waste is being made, and that all
things are done in the manner best calculated for the preservation of the property, and in
full compliance with the terms and conditions of this Lease.
B.13. AIVER: The waiver by AUTHORITY of any breach of any term, covenant or
condition herein contained shall not be deemed to be a waiver of such term, covenant or
condition herein contained. The subsequent acceptance of rent, hereunder by
AUTHORITY shall not be deemed to be a waiver of any preceding breach by COUNTY
of any term, covenant or condition of this Lease, other than the failure of COUNTY to
pay the particular rental sty accepted, regardless of AUTl ORITY's knowledge of such
preceding;breach at the time of acceptance of such rent.
b l�
LEASE
FROM
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA.
TO
COUNTS OF CONTRA COSTA
FOR
CALIFORNIA STREET, RODEO, CALIFORNIA
t
SECTION C® SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SUBLEASE: COUNTY shall not assign this Lease or any
interest therein without the prior written consent of AUTHORITY, which shall not be
unreasonably withheld.
.2. INSURANCE: COUNTY is self-insured and has established reserves in
accordance with generally accepted principals of self-insurance, to cover the losses which
would otherwise be covered by commercial policies. COUNTY shall provide
AUTHORITY with reasonable evidence of COUNT"Y's self-insurance program on
request.
C.3t TERMINATION: COUNTY shall have the right to terminate this Lease at any
time, by giving AUTHORITY THIRTY (30) days prior written notice, AUTHORITY
shall have the right to terminate this Lease at any time, by giving; COUNTY THIRTY
Y
(30) days prior written notice, except such termination shall not occur during the school
term of the (lead Start program conducted on the premises.
CA. SHARED USE OF COMMUNITY ALL: It is understood and agreed that
AUTHORITY shall have the right to use the Community Hall for monthly meetings,
special meetings and at other times when Head Start and childcare programs are not in
session. AUTHORITY shall provideOUNI TY with a written schedule of such meetings
at least FORTY-EIGHT (48) HOURS in advance and shall provide reasonable advance
written notice of a change in the schedule or a special meeting. However, AUTHORITY
shall not schedule use of the premises on weekdays, between the boars of 7.,00 a.m. and
00 p.m., during the school terra of the program occupying the premises.
.. Ila
C,5. IN-KII CONTRIBUTION: If at any time during; this lease, or any extension,
the fair market rental value of the premises, as determined by ars independent third party,
exceeds the value of the consideration for this Agreement, then this shall be considered
an in-kind contribtition from. the AUTHORITY, In this event, AUTHORITY agrees to
amend the Lease if required to establish the amount of the in-kind contribution.
AUTHORITY also agrees to complete the necessary forms, information, documentation
and records to verify the in-kind contribution of non-federal snatching funds for the
Community Services Dead Start Program operating on the premises, in order to assist
€ LNTY in conforming to the requirements of the U.S, Department of Health and
Human Services.
EXHIBITS
EXHIBIT "A" PREMISES
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EXHIBIT 56A39
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