HomeMy WebLinkAboutMINUTES - 09192000 - HA1 HOUSING AUTHORITY OF TIME COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan,Executive Director
DATE: September 19,2000
SUBJECT: THREE YEAR LEASE,:MARTINEZ POLICE ACTIVITIES LEAGUE(P.A.L.)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
L RECOMMENDED ACTION:
APPROVE three year lease for the Martinez Police Activities League(P.A.L.)and AUTHORIZE the
Executive Director of the Housing Authority of the County of Contra Costa to enter into a three year lease with the
Martinez Police Activities League for use of space in the Alhambra Terrace 11-1,2910 Terrace Way,440,Martinez,
CA as stated in the attached lease.
11. FINANCIAL IMPACT:
None.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
The unit located at 2910 Terrace Way,440,Martinez, is used by the Martinez Police Activities League to
provide educational and recreational programs for Public Housing residents of Alhambra Terrace and surrounding
areas. The Martinez P.A.L.program has been operating in Martinez for eight years and its philosophy is to provide
a relationship and bonding between Police Officers and youth. This lease replaces the original lease that has been in
effect since July, 1996.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director to enter into a three year
lease with the Martinez Police Activities League,the ongoing programs developed by the Martinez Police
Activities League would no longer function and this would be a detriment to the development,as well as the
community.
ATTAC HENT: x YES SIGNATURE f
Ylf IY_®YIIII�YMYI�tiIY I
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON .. „- APPROVED AS RECOMMENDED_ _OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT,,.1L t ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED
IL BATICHELOK,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BYEPUTY
-(LOtg4j
pallse.board.lease
LEASE
TABLE OJE C NTENIS
HOUSING AUTHORITY OF TIME COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 40, MARTINEZ, CALIFORNIA
FOR
MARTINEZ POLICE ACTIN'ITIES LEAGUE
SECTION At BASIC TERMS AND CONDITIONS
A.I. PARTIES ......................................................................r..................................I
A.2. LEASE OF PREMISES ....•.........r.............•.•.r.........•......................................I
A.3. TERM........r..........{......................................................................►....................1
A.4. RENT.......■/....................................................r....r.........................................r......1
A.S. EXTENSION............................{.........r........................r...................................1
A.6. USE OF PREMISES.......................................................................................2
A.7. PURPOSE....................
...................r......r........r...r......r.........}.i.r......ir...Yrifrr..ir........0...0.......42
A.V. UTILITIES.........r...r.....................................r..................................................2
A.9. MAINTENANCE AND REPAIRS...................................................r............2
A.10. NOTICES......................{........................................{..........„................r............3
A.11. EXHIBITS AND ATTACHMENTS.r..............{.►..........................................3
A.12. WRITTEN AGREEMENT...r..................r..........................................r..........4
A.13. TIME IS OF THE ESSENCE.r........................r.........rrrr................................4
A.14. SIGNATURE BLOCK...................................................................................T
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER............................................................r..............................5
B.2. HOLD HARMLESS............r.....................•..r.................•...............................5
B.3. ALTERA(�TyIO��N�■y�S, FIXTURES,AND SIGNS.....................#...r.er..rrrr............5
B.4. DESTTRU.}�u.�/gT(�I'��V177� ........................................r.....................................................5
B.+(/V�'. QUIE 1 E<•JOYMENT........................r..........................................................6�
B.{Vj.. SURRENDER
D1y�E♦{DEFAULTS......■........................................................r..........................r................6
B.7. SURRENDER OF PREMISES..............r....................................................... .
B.8�(. SUCCESSORS AND ASSIGNS ....r.........r..........rr.........................................7
B.9r SEVERABILITY
............................................................................................7
B.10. WASTE,NUISANCE..............r...............r............r.........................................7
B.11. INSPECTION..............................................r...{................................i.i{ri.s..ii.i#8
SECTION C: SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SUBLEASE...................................................................'9
(C.2. JANITORIAL AND REFUSE COLLECTION SERVICES .....................9
C.3. TERMINATION.......•.•..................................{...{...........r........................{.......9
CA. SHARED USE OF HANDICAPPED TOILET ROOM AND
STORAGEROOM....._.........r.{{....{.....{...}....r.....{..r...r.......rr.......................................9
CA.
'{■ SHARED USE OF HANDICAPPED TOILET ROOM AND
STO��yy GE ROOM..........................................................rr...r.i...i.tl..i..i.iir.i.{riir.f..i.►rr.9
C.S. INSURANCE......r...r........................................................................................9
EXHIBITS
EXHIBIT A: PREMISES
PAL Lease 12 21 99.dcc
LEASE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 40,MARTINEZ, CALIFORNIA .
FOR
MARTINEZ POLICE ACTIVITIES LEAGUE
SECTION A: BASIC TERMS AND CONDITION'S
A.I. PARTIES: Effective on ,duly 1, 1979 , HOUSING AUTHORITY
OF THE COUNTY OF CONTRA COSTA, hereinafter called "AUTHORITY", and
the MARTINEZ POLICE ACTIVITIES LEAGUE, a non-profit corporation,
hereinafter called "LESSEE", mutually agree and promise as follows:
A.2. LEASE OF PREMISES: AUTHORITY, for and in consideration of the rents,
hereby leases to LESSEE, and LESSEE leases from AUTHORITY those certain
premises described as follows: Exclusive use of the Reception room and Computer
rooms 1&2, together with shared use of the Handicapped Toilet and the Storage room at
Alhambra Terrace Unit 40, a single story building with shared parking within the
Alhambra Terrace Public Housing Development, CAL 11-1, at 2910 Terrace Way,
Martinez, California, as shown on Exhibit "A", attached hereto and made a part hereof,
and hereinafter called the "Premises",
A.3. TERM: The term of this Lease shall be THREE (3) years, commencing July 1,
1999 and ending,lune 30, 2002.
A.4. REND LESSEE shall pay to AUTHORITY as rent for the use of the Premises an
annual rental of ONE AND NO/100 DOLLARS (S 1.00), payable in advance on the first
day of July during the term and each extension of this Lease. Payments,shall be mailed
to:
Housing Authority of the County Of Contra Costa
P.O. Box 2759
Martinez CA 94553
A.5. IENSION: This Lease may, at the option of the LESSEE, be extended upon
the same terms and conditions as follows:
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PAI.Le"e 12 21 99.doo
•x
a. First Option: For a TWO (2) year term, commencing July 1, 2002 and
ending June 30, 2004.
b. Second Option: For a TWO (2) year term, commencing July 1, 2004 and
ending June 30, 2006.
It is understood and agreed LESSEE shall give AUTHORITY thirty (30) days
prior written notice of its intention to exercise any option to extend this Lease. However,
in the event LESSEE does 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 AUTHORITY's written demand to exercise or forfeit said option.
A.6. USE OF PREMISES: The Premises shall be used during the term or extension
thereof to provide computer skills and other organized educational and recreational
activities to Alhambra Terrace youth, residents and the surrounding community in order
to assist them in achieving academic skills that are required for high school and college.
A.7. P-T7RPOSE: The Purpose is to establish a bonding between police officers and
the youth through organized academic and recreational activities.
A.g. ]UTILITIES: AUTHORITY shall pay for all gas, electric, water, and sewer
services provided to the Premises.
A.9. MAIN'ENA,NCE ANIS REPAIRS:
a. AUTHORITY shall keep the roof and exterior of the building in good
order, condition, and repair and shall maintain the structural integrity of the
building.
b. LESSEE shall keep and maintain the interior of the Premises in good order,
condition, and repair, including the doors and their fixtures, closers and
hinges, glass and glazing, and all locks and key systems used in the
Premises. However, AUTHORITY shall repair damage to the interior
caused by failure to maintain the exterior in good repair, including damage
to the interior caused by roof leaks and/or interior and exterior wall leaks.
C. LESSEE shall repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair.
2
PAL Leese 12 21 99Aoc
1b
d. AUTHORITY shall maintain and repair the heating, ventilating, and air-
conditioning systems.
e. AUTHORITY shall maintain the parking lot and exterior lighting system in
good order, condition, and repair.
f. AUTHORITY shallprovide and install, at the direction of the Eire Marshal,
the necessary number of A-B-C fire extinguishers for the Premises.
g. LESSEE shall not suffer any waste on or to the demised Premises.
h. AUTHORITY shall be responsible for the correction of any code violations
which may exist in the Premises, provided AUTHORITY shall not be liable
for correction of code violations which arise out of and are directly related
to a change in LESSEE's occupancy or use of the Premises.
A.10. 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
prepaid, certified or registered, return receipt requested, and addressed to the other party
as follows or as otherwise designated by written notice hereunder from time to time:
To AUTHORITY; Housing Authority of the County Of Contra Costa
P.O. Box 2759
Martinez CA 94553
To LESSEE: Martinez Police Activities League
2910 Terrace Way
Unit 40
Martinez, CA 94553-4711
A.11. EXHIBITS AND AITAC MENIS: Section B, Standard Provisions, Section
C, Special Provisions, and Exhibit A--Premises are attached to this Lease and are made a
part hereof.
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PAL Least 12 21 99.doc
A.12. WRITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Lease. All previous conversations, negotiations, and
understandings are of no further 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 construing the intent of
this Lease.
A.13. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.14. SIGNATURE BLOCK
AUTHORIIJ LESSEE
HOUSING AUTHORITY OF THE MARTINEZ POLICE ACTIVITIES
COUNTY OF CONTRA COSTA LEAGUE, a non-profit corporation
By By
Executive Director
BY
4
PAL Levan 12 21 99.doc
LEASE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 40, MARTINEZ, CALIFORNIA
FOR
MARTINEZ POLICE ACTIVITIES LEAGUE
SECTION Bt STANDARD PROVISIONS
B.I. HOLDING OVE : 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. HOLD HARMLESS: LESSEE 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,
LESSEE 's operations, or LESSEE '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 LESSEE.
B.3. ALTERATIONS, FIxTU FSsAND IGS; LESSEE may mare any lawful
and proper minor alterations, attach fixtures and signs in or upon the Premises, which
shall remain LESSEE property and must be removed therefrom by LESSEE at the
termination of this Lease, restoring the Premises to its original condition; reasonable wear
and tear excepted. Any such alterations, signs or fixtures shall be at LESSEE's sole cost
and expense, and all signs shall meet with existing code requirements and
AUTHORITY's approval.
B.4. DESTRUCTION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Lease or extension thereof from any cause, and repairs can
be made within sixty (60) days from the date of the damage under the
5
PAL Lease 12 21 99.doc
a
applicable laws and regulations of governmental authorities, AUTHORITY
shall repair the damage promptly and -within a reasonable time, but such
partial destruction shalt not void this Lease.
b. If such repairs cannot be made in sixty (.60) days, AUTHORITY may, at its
option, make the same within a reasonable time, and, LESSEE or
AUTHORITY may elect to terminate this Lease.
C. A total destruction of the Premises or the building in which the Premises
are located shall terminate this Lease.
B.S. Q1111ET NJOYM w:N'I: AUTHORITY covenants that LESSEE shall at all times
during the term or extension thereof peaceably and quietly have, hold, and enjoy the
demised Premises without suit, trouble or hindrance from or on account of AUTHORITY
as long as LESSEE fully performs hereunder.
B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of
.Default under this Agreement:
A. Event of Default by LESSEE
A. LESSEE's failure to comply with any material term or provision of this Lease
if such failure continues thirty (30) days after written notice of failure from
AUTHORITY to LESSEE specifying in reasonably sufficient detail the nature
of said breach. If the required cure of the noticed default cannot be completed
within thirty (30) days, LESSEE's failure to perform shall constitute a default
under the Lease unless LESSEE has attempted to cure the default within said
thirty (30) day period and has diligently and continuously attempted to
complete the cure as soon as reasonably possible.
On the occurrence of an Event of Default by LESSEE. AUTHOR.ITY�may reenter and
repossess the Premises and remove all persons and property therefrom after giving
LESSEE written notice of such default and in accordance with due process of law.
6
PAL Lease 12 21 99.doc
B. Event of Default by AUTHORITY
1. AUTHORITY's failure to perform any of its obligations under this Lease shall
constitute a default by AUTHORITY if the failure continues for thirty (30)
days after written notice of the failure from LESSEE to AUTHORITY. If the
required cure of the noticed default cannot be completed within thirty (30)
days, AUTHORITY's failure to perform shall constitute a default under the
Lease unless AUTHORITY has attempted to cure the default within said thirty
(30) day period and has diligently and continuously attempted to complete the
cure as soon as reasonably possible.
On the occurrence of an Event of Default by AUTHORITY, LESSEE may terminate this
Lease and quit the Premises without further cost or obligation.
B.7, SURRENDER OF THEMISES: On the last day of the term, or sooner
termination of this Lease, LESSEE 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, excepting for
reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the
elements, by Act of God, by circumstances over which LESSEE has no control or instead
of performing its obligations in Maintenance and Repairs paragraph A.9. - sections b & c.
LESSEE shall not be liable for painting the interior of the demised Premises upon
termination of this Lease.
8.8. S[�,C! I S ORS 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.
B.9. SEYEQBIi ITY: In the event that any provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision does
not materially prejudice either the LESSEE or AUTHORITY in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. WA TEs NUISANCE: LESSEE shall not commit, or suffer to be committed,
any waste upon the leased Premises, or any nuisance or other act or thing which may
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PAL Lease 12 21 99.dne
•9
disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the
leased Premises are located.
B.11. i_NSPEC"IIQN: The AUTHORITY reser-es 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 that the property is being reasonably 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.
8
PAL Lease 12 21 99.doc
LEASE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 40, MARTINEZ, CALIFORNIA
FOR.
MARTINEZ POLICE ACTIVITIES LEAGUE
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT QR SUBLEASE: LESSEE shall not have the right to assign
this Lease or sublease the Premises or any part thereof at any time during the term of this
Lease or extension thereof without the prior written consent of AUTHORITY.
C.2. JANITORIAL AND REFUSE COL FCTi0N SERVICES: It is understood
and agreed LESSEE shall provide at its own cost,janitorial services and refuse collection
services for the Premises.
C.3, JERMINATION: LESSEE shall have the right to terminate this Lease at any
time, by giving AUTHORITY THIRTY (30) days prior written notice, and,
AUTHORITY shall have the right to terminate this Lease at any time, by giving LESSEE
THIRTY (30) days prior written notice.
However, LESSEE shall also have the right to terminate this Lease at any time
with personal delivery of written notice in lieu of performing its obligations as described
in Maintenance and Repairs paragraph A.9. - sections b. and c. above.
CA. SHAREDII SE OF HANDICAPPED TOILET ROOM AND STORAGE
ROOM: It is understood and agreed that AUTHORITY and LESSEE shall share the use
of the Handicapped Toilet Room and Storage Room.
C.5. INSURANCE: LESSEE agrees, at no cost to AUTHORITY, to obtain and
maintain during the term of this lease, comprehensive liability insurance with a minimum
combined single—limit coverage of not less than ONE MILLION DOLLARS
($1,000,000) for all claims or losses due to bodily injury, sickness or disease or death to
any person or damage to any property, including loss of use thereof arising out of each
accident or occui-rence, and to name AUTHORITY, its officers, agents and employees as
9
PAL Leese 12 21 99.doc
a
additional insured thereunder. Said coverage shall provide for a THIRTY (30) day
written notice to AUTHORITY of cancellation or lapse. Evidence of such coverage shall
be furnished to AUTHORITY prior to execution of this Lease.
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PAL Lease 12 21 99.doe
EXHIBIT "A"
PREMISES
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