HomeMy WebLinkAboutMINUTES - 08142001 - HA.1 Y
• . , HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA MIA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: August 14, 2001
SUBJECT: LEASE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF
CONTRA COSTA AND THE COMMUNITY SERVICES DEPARTMENT OF CONTRA
COSTA COUNTY
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Executive Director of the Housing Authority and the Community
Services Department of Contra Costa County to execute a lease agreement and any other necessary
documents for the use of 94A Medanos Avenue, Bay Point, California, for Child Care programs as stated
in the attached Lease Agreement.
II. FINANCIAL IMPACT:
The executed agreement will generate $420.00 per month, payable in advance on the first day of
each month during the term of this Lease to the Housing Authority Public Housing fund.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The County of Contra Costa has been using 94A Medanos Avenue, Bay Point, CA, as a Head
Start facility operated by the County of Contra Costa. This facility and program is available to Public
Housing residents of the Housing Authority of the County of Contra Costa, as well as the surrounding
community. The term of this Lease Agreement shall be for the period commencing July 1, 2001 and
ending June 30, 2002, with five (5) 1-year renewals, subject to sixty (60) day notice and are subject to the
Board of Supervisors approval.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director and the
Community Services Department of Contra Costa County to enter into a License Agreement the Head
Start program operated by the County would no longer function and this would be a detriment to the
development, as well as to the community.
CONTINUED ON ATTACHMENT: YES SIGNATURE
i/ r
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONlam\ 4T? 1 APPROVED AS RECOMMENDED_ OTHER
VOTE OF COMMISSIONERS
DD I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT N01^`y e ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DAyyT,-E SHOWN.
ATTESTED
JOHN SWEETE ,CLERK LERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY l tg�fEPUTY
\\HOUSAUTI-I_1\USER\judyhmtz\MSOFFICE\WINWORD\BOARD\LEASES\Lavonia Allen Center.dot
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TABLE OF CONTENTS
94A MEDANOS AVENUE
BAY POINT, CALIFORNIA
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES ..................................................................................................... 1
A.2. LEASE OF PREMISES.............................................................................. 1
A.3. TERM........................................................................................................... 1
A.4. RENT............................................................................................................ 1
A.S. EXTENSION............................................................................................... 2
A.6 USE OF PREMISES................................................................................... 3
A.7. UTILITIES.................................................................................................. 3
A.B. MAINTENANCE AND REPAIRS............................................................ 3
A.9. NOTICES...............................oo..................................................................o. 4
A.10. EXHIBITS AND ATTACHMENTS ......................................................... 4
A.11. WRITTEN AGREEMENT........................................................................ 4
A.12. TIME IS OF THE ESSENCE.................................................................... 5
A.13. SIGNATURE BLOCK............................................................................... 5
SECTION B: STANDARD PROVISIONS
B.1. HOLDING OVER....................................................................................... 6
B.2. HOLD HARMLESS ................................................................................... 6
B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................ 6
B.4. DESTRUCTION......................................................................................... 7
B.S. QUIET ENJOYMENT............................................................................... 7
B.6. DEFAULTS ................................................................................................. 7
B.7. SURRENDER OF PREMISES.................................................................. 9
B.S. SUCCESSORS AND ASSIGNS................................................................. 9
B.9. SEVERABILITY ........................................................................................ 9
B.10. WASTE, NUISANCE ................................................................................. 9
B.11. INSPECTION............................................................................................ 10
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE............................................................. 11
C.2. SERVICE BY LESSOR............................................................................ 11
C.3.: INSURANCE............................................................................................. 11
CA. CANCELLATION.................................................................................... 11
EXHIBITS
EXHIBIT A: PREMISES
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LEASE
FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
94A MEDANOS AVENUE
BAY POINT, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on Zed THE HOUSING
AUTHORITY OF THE COUNTY OF CONTRA COSTA, hereinafter called "LESSOR",
and the COUNTY OF CONTRA COSTA, a political subdivision of the State of
California, hereinafter called "COUNTY", mutually agree and promise as follows:
A.2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby
leases to COUNTY, and COUNTY leases from LESSOR those certain premises
described as follows: approximately 3,800 square feet of indoor space consisting of one
classroom, a multi purpose room, bathrooms, a kitchen, storage closets, and
approximately 5,000 square feet of adjacent outdoor recreation space, commonly known
as the Lavonia Allen Child Care Development Center, 94A Medanos Avenue, Bay Point,
California, and shown on Exhibit "A"("Premises") attached hereto and made a part
hereof.
A.3. TERM: The term of this Lease shall be one (1) year, commencing July 1, 2001
and ending June 30, 2002, subject to Section A.5 as noted below.
A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a
monthly rental of FOUR HUNDRED TWENTY AND NO/100 DOLLARS ($420.00),
payable in advance on the first day of each month during the term of this Lease.
Payments shall be mailed to LESSOR at the following address:
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The Housing Authority of the County of Contra Costa
Attn: Fiscal Department
P.O. Box 2759
Martinez, CA 94553
A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon
the same terms and conditions, except the rental shall be adjusted as follows:
a. First Option: For a one (1) year term, commencing July 1, 2002 and ending
June 30, 2003, at a rental of FOUR HUNDRED FORTY AND NO/100
DOLLARS ($440.00) per month.
b. Second Option: For a one (1) year term, commencing July 1, 2003 and
ending June 30, 2004, at a rental of FOUR HUNDRED SIXTY AND
NO/100 DOLLARS ($460.00) per month.
C. Third Option: For a one (1) year term, commencing July 1, 2004 and ending
June 30, 2005, at a rental of FOUR HUNDRED EIGHTY AND NO/100
DOLLARS ($480.00) per month.
d. Fourth Option: For a one (1) year term, commencing July 1, 2005 and
ending June 30, 2006, at a rental of FIVE HUNDRED AND NO/100
DOLLARS ($500.00) per month.
e. Fifth Option: For a one (1) year term, commencing July 1, 2006 and ending
June 30, 2007, at a rental of FIVE HUNDRED TWENTY AND NO/100
DOLLARS ($520.00) per month.
It is understood and agreed COUNTY shall give LESSOR sixty (60) days prior
written notice of its intention to exercise any option to extend this Lease. However, in the
event COUNTY 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
LESSOR's written demand to exercise or forfeit said option. It is also understood by
COUNTY that LESSOR will seek approval of the Board of Supervisors for each renewal
option.
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A.6 USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting Contra Costa County Community Services
Department Head Start, Child Development, or Child Care Programs, which may be
operated by the COUNTY or through the services provided by a contractor or subtenant
of the COUNTY.
A.7. UTILITIES: LESSOR shall pay for all water and sewer services provided to the
Premises. COUNTY shall be responsible for and pay for all gas and electricity,janitorial
services and refuse collection services and shall pay to LESSOR ONE HUNDRED AND
NO/100 DOLLARS ($100.00) per month for the cost of alarm services proved to the
Premises.
A.S. MAINTENANCE AND REPAIRS:
a. LESSOR shall keep the roof and exterior of the building in good order,
condition, and repair and shall maintain the structural integrity of the
building, including the exterior doors and their fixtures, closers and hinges,
glass and glazing, and all locks and key systems used in the Premises.
b. COUNTY shall keep and maintain the interior of the Premises in good
order, condition, and repair, but LESSOR 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. COUNTY shall repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair.
d. COUNTY shall maintain and repair the heating, ventilating, and air-
conditioning systems.
e. LESSOR shall maintain the alarm system, parking lot, landscaping,
sprinkler system, and exterior lighting system in good order, condition, and
repair.
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f. COUNTY shall provide and install, at the direction of the Fire Marshal, the
necessary number of A-B-C fire extinguishers for the Premises at no cost to
COUNTY. COUNTY shall thereafter maintain, repair, and replace the
extinguishers.
g. COUNTY shall not suffer any waste on or to the Premises.
h. LESSOR shall be responsible for the correction of any code violations
which may exist in the Premises, provided LESSOR shall not be liable for
correction of code violations which arise out of and are directly related to a
change in COUNTY's occupancy or use of the Premises.
A.9. 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 LESSOR: The Housing Authority of the County of Contra Costa Attn:
Operations Department
P.O. BOX 2759
Martinez, CA 94553
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.10. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, and Exhibit A — Premises are attached to this Lease and are made a
part hereof.
A.11. 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 and pages are for
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convenience only and are not a part of this Lease, nor shall they be considered in
construing the intent of this Lease.
A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.13. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a
Political subdivision of the State of HOUSING AUTHORITY OF THE
California COUNTY OF CONTRA COSTA
Byk]jkk�� q-(C-01 By ,
Director eneral Serv' Executor Director or designee
By
Director of Communit Servi es
RECOMMENDED FOR PROVAL:
By 411a�,r
Director of Capital Facili 'es and
Debt Management
By
COMMUNITY SERVICES
DEPARTMENT
By
Lease Manager
APPROVED AS TO FORM:
SILVANO MARCHESI, CountyCounsel
By `-t 6 Q
Deputy j i Jc
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LEASE
FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
94A MEDANOS AVENUE
BAY POINT, 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 terms of this Lease so far as applicable.
B.2. HOLD HARMLESS: COUNTY agrees to defend, indemnify, and hold
harmless the LESSOR from the COUNTY's share of any and all claims, costs and
liability for any damage, injury or death of or to any person or the property of any person
arising out of negligent or intentional acts, errors or omissions of the COUNTY, its
officers, agents or employees. COUNTY shall not be liable in the case of any structural,
mechanical or other failure of equipment of building owned and maintained by the
LESSOR or for other liability which is attributable, in whole or in part, to the negligence,
willful misconduct, or other intentional act, error or omission of LESSOR, which results
in damage to any person or property.
LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the
LESSOR's share of any and all claims, costs and liability for any damages, injury or death
of any person or the property of any person arising out of the negligent or intentional acts,
errors or omissions of the LESSOR, its officers, agents or employees.
B.3. 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 COUNTY property and may be removed therefrom by COUNTY prior to
the termination of this Lease. Any such alterations, signs or fixtures shall be at
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COUNTY's sole cost and expense, and all signs shall meet with existing code
requirements and LESSOR's approval.
BA. 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
applicable laws and regulations of governmental authorities, LESSOR 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 Premises
are unusable by COUNTY.
b. If such repairs cannot be made in sixty (60) days, LESSOR 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 LESSOR 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.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times
during the term or extension thereof peaceably and quietly have, hold, and enjoy the
Premises without suit, trouble or hindrance from or on account of LESSOR as long as
COUNTY 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 COUNTY
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1. COUNTY's failure to pay any Rental within ten (10) business days after
written notice of failure from LESSOR to COUNTY. If, however, payment is
not made within ten (10) business days of said written notice due to
circumstances beyond the reasonable control of COUNTY, which
circumstances may, without limitation hereby, include failure of COUNTY to
adopt a budget, then COUNTY shall make such payment within such
additional time, but not to exceed a total of seventy five (75) days from
LESSOR's notice to COUNTY.
2. COUNTY's failure to comply with any other material term or provision of this
Lease if such failure continues thirty (30) days after written notice of failure
from LESSOR to COUNTY 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, COUNTY's failure to perform shall
constitute a default under the Lease unless COUNTY 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 COUNTY, LESSOR may re-enter and
repossess the Premises and remove all persons and property therefrom after giving
COUNTY written notice of such default and in accordance with due process of law.
b. Event of Default by LESSOR
1. LESSOR's failure to perform any of its obligations under this Lease shall
constitute a default by LESSOR if the failure continues for thirty (30) days
atter written notice of the failure from COUNTY to LESSOR. If the required
cure of the noticed default cannot be completed within thirty (30) days,
LESSOR's failure to perform shall constitute a default under the Lease unless
LESSOR 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
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reasonably possible. Notwithstanding the foregoing, in the event of a situation
creating a perilous condition on the Premises which substantially and
significantly threatens the health and safety of COUNTY and/or its invitees,
LESSOR shall use reasonable efforts to immediately address the situation and
shall use diligent efforts to correct the perilous condition.
On the occurrence of an Event of Default by LESSOR, COUNTY may terminate this
Lease and quit the Premises without further cost or obligation or may proceed to repair or
correct the failure and either deduct the cost thereof from rental payments due to
LESSOR, or at COUNTY's option, invoice LESSOR for the cost of repair, which invoice
LESSOR shall pay promptly upon receipt.
B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner
termination of this Lease, COUNTY will peaceably and quietly leave and surrender to
LESSOR 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, or by circumstances over which COUNTY has no control. COUNTY shall
not be liable for painting the interior of the Premises upon termination of this Lease.
B.8. 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.
B.9. SEVERABILITY: 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 COUNTY or LESSOR in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. 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
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disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the
leased Premises are located.
B.1.1. INSPECTION: The LESSOR 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
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.
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LEASE
FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
94A MEDANOS AVENUE
BAY POINT, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE: COUNTY shall 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.
C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR may provide
certain landscaping, maintenance, construction, remodeling or like services as requested
by COUNTY from time to time during the term of this Lease or extension thereof.
COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the
costs of the service.
C.3. INSURANCE: It is acknowledged by both parties that COUNTY is self-insured
for public liability and property damage exposure.
CA. CANCELLATION: In the event of a lack of funding or termination of the
Community Services Department program occupying the Premises, it is understood and
agreed that COUNTY shall have the right to cancel this Lease by giving LESSOR sixty
(60) days prior written notice.
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EXHIBIT "A99
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CONTRA COSTA COUNTY
GENERAL SERVICES DEPARTMENT
Lease Management Division
1220 Morello Avenue, Suite 100 RECEIVED
Martinez, CA 94553-4711
Extension 3-7250 SEP 2 12001
Fax 3-7299
CLF�CBOARD
COKrRACMACO,
DATE: September 19, 2001
TO: Distribution List
FROM.: David L. Silva, Leasing Agent
SUBJECT: Final Executed Lease, 94A Medanos Avenue, Bay Point
Attached for your files is a final executed Lease for 94A Medanos Avenue in Bay Point. Also
attached is a copy of the Board of Supervisors approval of this lease on August 14, 2001.
Attachment
Distribution List:
Al Prince, Community Services Department
Rudy Tamayo, Housing Authority
Clerk of the Board