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Home My WebLink AboutMINUTES - 09281999 - C87 lino: BOARD OF SUPERVISORS FROW Barton J. Gilbert, Director of General Services f ost CATS: September 23, 1999rCou SUBJECT: LEASE FOR THE COMMUNITY SERV110ES DEPART IE `19", BAYO VISTA HEAD S,,A 2 CALIFORNIA STREET, RODEO, CALIFORNIA � r SPECT=!'-REQUESTS OR RECOMMEN ATION(S)&BACKGROUND AND SUSTiRCATION APPROVE a Lease, commencing July 1, 1999, with the Housing Authority of the County of Contra Costa for the premises at 2 California Street, Rodeo; for occupancy by the Community Services Department, under the terms and conditions more particularly set fort: in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. DETERMINE that there is no possibility that the activity in question may have significant effect on the environment, therefore the activity is not subject to the California Environmental Quality Act pursuant to Section 15961 (b) (3) of Chapter 3 of the State EA guidelines. DIRECTthe Community Development Department to FILE a Notice of Exemption with the County Clerk. 1VLP Payments required are to comae from the budget of the Community Services Department. z Provide for continued use of Plead Start facilities, as requested by the Community Services Department upon termination of the agreement for sen4ces from Bayo Vista Child & Family Center, Inc. CON7N.:ED ON A T TACH EENT: >9 SIGNATURE: &46� ____RECCi+MEN3ATiON OF COUNTY AGIV'i?NiST ATOR -RECOMMENDATION Or BOARD CO.WMITTEE APPROVE OTHER SIGNATURES: `' aC T; of Sc�ARc OR "r� _ r ARcav AS RcO u�N = t � VOTE E of SUPERMSORZS 4 E itiANii4tOvS(ABSENT AYES; NOES: ASSENT S; ABSTAIN: VMECiAo CONT ACT: BARTON J.&LBER T(313-7100) .C. County Administrator atter(via LIM) I HEREBY CERTIFY THAT T IS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN County Auditor-Cantra er(via LIM) AND ENTERED O L;F-ic W UTES OF THE i BOARD Lessor(via L/Cv€) OFS6 9N THE DATE SHOWN. CommunitySei vices(via:-W;) County..Counsel(via LIM) ATTESTED R:!sk,Mars3g8Ment(via LI'�) �I P'. BATCHELOR,CLERK OF T . BOARD OF "iC{:v8.^:8ic"i e"V: �vB C} iS3r 3836 t/Nf SU 'WSORRS AND COUNTY ADfYI S`:RATOR. 3Y e P rti rr �n ... 'DEPUT`.' BayoVista Erd Ordr rev 9-21-95.doe r GENERAL SERVICESEPART;1i"i,ease Management Divilslo � 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-72 DATE: September 13, 1999 Too Phil Batchelor, County Administrator � FROM: Barton J. Gilbert, Director of General Services SUBJECT: Age-n- : New pease, 2 California Street, Rodeo (September 28, 1999) A new lease has been negotiated to continue the Head Start program as follows: OCCUPANT: Community Services Department TERM-. Five Years COMMENCING: July 1, 1999 RENTAL: $2,000 per year SQUARE 'EE's: Approximately 5,€ 00 SPACE TYPE: Classroom, Office and Kitchen COUNTY RESPONSIBILITIES: Minor interior and Exterior Maintenance RENEWAL: No ADDRESS: 2 California Street, Rodeo CODE 2535 . NOTICE: N/A "AOR AUTH.: WLP375 AGENDA ITEM: Approve a Lease with the Housing Authority of Contra Costa County for the premises at 2 California Street, Rodeo, for € cc paney by fie Community Services Devartment, CP# 99974 B,iG/TE:te cc: Laura Lockwood,Director,Capita'Facilities and Debt Managernert Davida t men a,Capital Facilities Administrator Tony Coffin,Ccamdrunic services Director Al Pr Ice,Administrative services Officer,ConinnurAy services Department Kafhy Brown,Deputy General services Director W.Alar Pfeiffer,Lease Manager Carol..Chan,Assistant:Lease Marager Christie Bea.-dsiey,General services Departmient BaycVilsta Age nda rev 9-21-99.dec CALIFORNIA ENVIRONMENTAL QUALITY ACT IN" 49 Mice of Exemption Contra Costa County Community Development Department 551 Pine Streets 4th Roor- North Wing, McBr€erg Adry^inistration 13widing Martinez, CA 94553-0095 Telephone: (925) 313-7250 Contact Person, Timothy H. Erickson Project Description, Common Name (if any) and Location: CP# 99-74 The project is: To continue operating the Head Start program at 2 California Street, Rodeos with no changes to the program or to the facility, by the Community Services Departments upon termination of the agreement wit1h, the previous operator. This project is exempt frorn CEOA as a, (check which, ever one apps es Ministerial Project(Sec. 16266) [� Other Statutory xer:^ption, Sect€s�� Declared Ernergency(Sec, 6269(a)) IM General Rue of Appllcabiiity(Section 55061(d)(3)) Ernergency Project(Sec, 16269(;)or(c)) Categorical Exennptiori, Class Section for the following reason(s)- It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The project consists of the Community erodes Department operating the Bayo Vista Head Start progY ;n at 2 Caiffornia Street, Rodeo, upon termination of the contract with the previous operator. There is no change in the program or facility, By: ommun';ty Development Department Representative AFFIDAVIT OF FILING AND POSTING z I declare that of i received and posted this Notice as required by Caiifornia Public Resources Code Section 2'152,1-.). Said notice will remain{ pasted for 30 days from the filing date. 77 v rEc.'�arr� E`i .,....w...s.� m - — -- — ....e,.,.a._...__,�..,s....,.a...�., Applicant: County Genera' Services Department Attention: Timothy H. Er€ci son 1220 Morello Avenue, Sulte 100 Martinez, CA 94653.47's County Clark Fee 25 Due BaycV'€sfa Notice of Exemption.doc 77' DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: WLP375 CP NO.: 99-74 ACTIVITY NAME: Lease for Bayo Vista Head Start- 2 Calliffoniia Street, Rodeo DATE: September 28, I999 PRE PARED BY: Timothy 141. Enckson, Lease Management Division This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to article 5, Section 15061 (b) (3) of the CEQA Guidelines. It car, be seen with certainty that there is no possibility that the activity may have a significant adverse -effect on the environment. To continue operating the Head Start program at 2 California Street, Rodeo, with no changes to the program or to the facility, by the Community Services Department, upon termination of the agreement with the previous operator. LD-QA-JLQNT : Bayo Vista Head Start- 2 California Street,Rodeo REVIEWED BY: DATE: APPROVED BY:-___ DA T-E:- Community Development Representative BaycVisla CEQADeterrr-.!nafior,,doc (Fonm.Yevised 2/97) LEASE FROM HOUSING AUTHORITY OF T14E COUNTY OF CONTRA COSTA TO COUNTY OF CONTRA COSTA FOR 2 CALIFORNIA STREET, RODEO, CALIFORNIA SECTION B-6 STANDARD PROVISIONS B.I. HOLDING OVEN. 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 terms of this Lease so.far as applicable, B.2. USE OF PREM. ISES0- 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. mien said agreement with the Contra Costa County Community Services Department is tenninated then this Lease shall automatically terminate. B.3. TIOLD TIARMLESS-9 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 or connected with this Lease, COUNTY's operations, or COUNT 's use or possession of the leased premises, save and except claims or litigation arising through the sole 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 COUNTY. A. COLTINITY may make any lawful and proper minor alterations, attach fixtures and signs in or upon the premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prior to - 7 - the termination of this Lease. Any such alterations, signs, or fixtures shall be at COUNTY's sole cost and expense, and all signs shall meet witli existing code requirements and AUTHORITY's approval. Upon removal of said fixtures or signs, CONY shall restore the premises to good order, condition, and repair. B.5. DESTRUCTION: a. In the event of damage causing a partial destruction of the premises during the term of this Lease from any cause, and repairs can be made within sixty (60) days from the date of the damage under 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 COUNTY 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 <60> days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C. A total destruction of the premises or the building in which the premises are located shall terminate this Lease. B.6. AUTHORITY covenants that COUNTY shall at all times 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 COUNTY fully performs hereunder. B.7. DEFAULTS: 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 - 8 - 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 AUTHORITY, COUNTY may terminate the Lease and flit the premises without further cost or obligation or may proceed to correct the problem resulting from the breach and deduct the cost thereof from rental payments due to AUTHORITY, provided that COUNTY has given AUTHORITY 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 term, 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. B.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, ,10. S VABILI V: 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. BAL, WASTE_ A NCE- COUNTY shall not commit, or suffer to be committed, any este upon the leased premises, or any nuisance or other act or thing which may disturb the €uiet enjoyment of any other occupant of the neighborhood in which the leased premises are located. B.12. INSPECTION- AUTHORITY reserves the right to enter 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 - 9 - 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 teens and conditions of this Lease. 1 .13. �VER: 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 so accepted, regardless of AUTHORITY's knowledge of such preceding breach at the time of acceptance of such rent, - 10 - LEASE FROM HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO COUNTY OF CONTRA COSTA FOR 2 CALIFORNIA STREET, RODEO, CALIFORNIA SECTION CO- SPECIAL PROVISIONS A. ASSIGNMENT OR S COUNTY shall not assign this Lease or any interest therein without the prior written consent of AUTHORITY, which shall not be unreasonably withheld, C.2. INSURANC COUNNTY 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. COUNITY shall provide AUTHORITY with reasonable evidence of COUNTY's self-insurance program on request. C.3. TERMINATION: COUNTY shall have the right to tenninate 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 COL NITY THIRTY (30) days prior written notice, except such termination shall not occur during the school term of the Head Start program conducted on the premises. A. 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 provide COUNTY 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 hours of 7:00 a.m. and 6:00 p.m., during the school term of the program occupying the premises. C.S. 1N=KIND CONTRIBUTION-, if at any time during this lease, or any extension, the fair market rental value of the premises, as determined by an independent third party, exceeds the value of the consideration for this Agreement, then this shall be considered an in-kind contrite tion 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 matching funds for the Community Services Head Start Program operating on the premises, in order to assist COUNTY in conforming to the requirements of the U.S, Department of Health and Human Services, EXHIBITS EXHIBIT "A" PRE11VISES - 12 - EXHIBIT "A" PREMISES gSSe f f G � ppjpj^# f 77 4 0 S� Vy 7 ------------- a C t s i f i N+ i 7'00 i S }f