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HomeMy WebLinkAboutMINUTES - 09182001 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA V11 TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: September 18, 2001 SUBJECT: LEASE OF PREMISES WITH CHICANO LATINO ACADEMIES REACHINT OUT (CLARO) FOR COMMUNITY SERVICES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Executive Director of the Housing Authority of the County of Contra Costa to execute a lease with Chicano Latino Academies Reaching Out for the use of 315 Orchard Drive, Brentwood, CA, to provide students with computer training, parent tutoring/mentoring teams, truancy intervention, off-site sports and arts activities, for the period July 1, 2001 to June 30, 2002. Il. FINANCIAL IMPACT: There is no financial impact. The Housing Authority is providing in kind support service which includes the office space and building maintenance. These in kind services are included in this year's approved budget. No County General Funds are required. CLARO has been an important part of the Brentwood community for more than five years. III. REASONS FOR RECOMMENDATION/BACKGROUND For several years CLARO has provided organized communication activities for pre-school through high school aged children at the Los Nogales Public Housing complex and in the Brentwood community. The activities provided to the residents are allowable costs under the federal Housing Urban Development guidelines. CLARO provides for after school social and educational activities for all school age children residing in the community. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to approve the recommended action, this community service program provided to Public Housing residents and the local community of Brentwood would not be available to them. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON September 18, 2001 APPROVED AS RECOMMENDED xx OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ______ ) 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 September 18, 2001 Jg CLERK OF Joh ��� e�l COMMISSIONERS AND COUNTY ADMINISTRATOR BY . EPUTY CLARO Lease 9 18 01 LEASE TABLE OF CONTENTS HOUSING AUTHORITY OF THE AGENCY OF CONTRA COSTA TO CHICANO LATINO ACADEMIES REACHING OUT (CLARO) FOR 315 ORCHARD DRIVE BRENTWOOD, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES............................................................................................................1 A.2. LEASE OF PREMISES....................................................................................1 A.3. USE OF PREMISES:........................................................................................ 1 A.4. TERM................................................................................................................. 1 A.5. RENT.................................................................................................................. 1 A.6. EXTENSION .....................................................................................................2 A.7. UTILITIES AND JANITORIAL.....................................................................2 A.8. MAINTENANCE AND REPAIRS:.................................................................2 A.9. NOTICES:..........................................................................................................3 A.10. ATTACHMENTS: ..........................................................................................3 A.11. WRITTEN AGREEMENT ............................................................................3 A.12. TIME IS OF THE ESSENCE ........................................................................3 A.13. SIGNATURE BLOCK....................................................................................4 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER...........................................................................................5 B.2. HOLD HARMLESS........................................................................................5 B.3. ALTERATIONS, FIXTURES, AND SIGNS................................................5 B.4. DESTRUCTION .............................................................................................6 B.5. QUIET ENJOYMENT ...................................................................................6 B.6. DEFAULTS .....................................................................................................6 B.7. SURRENDER OF PREMISES:.....................................................................7 B.8. SUCCESSORS AND ASSIGNS.....................................................................7 B.9. SEVERABILITY.............................................................................................7 B.10. WASTE, NUISANCE .....................................................................................7 B.11. INSPECTION..................................................................................................7 B.12. INSURANCE..................................................................................8 SECTION C: SPECIAL PROVISIONS C.1. SERVICES BY AGENCY..............................................................................8 C.2. ASSIGNMENT OR SUBLEASE...................................................................8 EXHIBIT A: PREMISES. LEASE CAL 11-4 315 Orchard Drive Brentwood, California for Computer Literacy SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES:_Effective on July 1, 2001, the HOUSING AUTHORITY OF THE AGENCY OF CONTRA COSTA, hereinafter called "AUTHORITY," and the CHICANO LATINO ACADEMICS REACHING OUT (CLARO), a non-profit corporation hereinafter called the "AGENCY" mutually agree and promise as follows: A.2. LEASE OF PREMISES: AUTHORITY, for and in consideration of the covenants and conditions expressed herein, , hereby leases to AGENCY, and AGENCY leases from AUTHORITY those certain premises described as follows, CAL 11-4, 315 Orchard Drive, Brentwood, California, consisting of a single story building. A.3. USE OF PREMISES: The Premises shall be used during the term for pre-school students through high school aged children. CLARO will provide students with organized communication activities advancing their academic, college and preparation skills. CLARO offers a center program that will include computer training, parent tutoring/mentoring teams, truancy intervention, off-site sports and arts activities. A.4. TERM: The term of this Lease shall be for 12 months commencing on July 1, 2001 and ending June 30th, 2002. A.5. RENT: AGENCY shall pay to AUTHORITY as rent for the use of said Premises the sum of one dollar($1.00) per year during the term of this Lease. Payments shall be mailed to: HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA at P.O. Box 2759, Martinez, CA 94553. A.6. EXTENSION It is understood and agreed AGENCY shall give AUTHORITY thirty (30) days prior written notice of its intention to exercise any option to extend this Lease. However, in the event AGENCY does not give such written notice, its right to exercise any option 07/26/01 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.7. UTILITIES AND JANITORIAL: AUTHORITY shall pay for all gas and electric services provided to the Premises and provide its own janitorial service. AUTHORITY shall pay for water, sewer, and refuse collection services provided to the Premises. A.8. MAINTENANCE AND 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. AUTHORITY 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. C. AUTHORITY shall maintain and repair the heating and ventilating systems. D. AUTHORITY shall maintain the landscaping, sprinkler system, and exterior lighting system in good order, condition, and repair. E. AUTHORITY shall provide and install, at the direction of the Fire Marshall, the necessary number of A-B-C fire extinguishers for the Premises at no cost to AGENCY. AUTHORITY shall thereafter maintain, repair, and replace said extinguishers. F. AGENCY shall not suffer any waste on or to the Premises. G. 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 AGENCY'S occupancy or use of said 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: 07/26/01 To Authority: Housing Authority of the County of Contra Costa P. O. Box 2759 Martinez, California 94553 To Agency: CLARO 315 Orchard Drive Brentwood, CA 94513 A.10. ATTACHMENTS: Section B, Standard Provisions, and Section C, Service Provisions 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 request, in writing, signed by both parties. The headings of the paragraphs and pages 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.12. TIME IS OF THE ESSENCE: for each and all of the terms and provisions of this Lease. 07/26/01 A.13. SIGNATURE BLOCK AGENCY AUTHORITY CLARO HOUSING AUTHORITY OF THE a non-profit corporation. AGENCY OF CONTRA COSTA By By: Kern Sandoval, President Robert McEwan, Executive Director Board of Directors 07/26/01 LEASE 315 Orchard Drive Brentwood, California for Computer Literacy SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER Any holding over after the term 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: AGENCY agrees to defend, indemnify, and hold harmless the AUTHORITY from the AGENCY'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 AGENCY, its officers, agents or employees. AGENCY shall not be liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the AUTHORITY 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 AUTHORITY, which results in damage to any person or property. AUTHORITY agrees to defend, indemnify and hold harmless the AGENCY from the AUTHORITY'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 AUTHORITY, its officers, agents or employees. B.3. ALTERATIONS, FIXTURES, AND SIGNS: AGENCY may make any lawful and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall remain AGENCY property and may be removed therefrom by AGENCY prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at AGENCY's sole cost and expense. BA. DESTRUCTION: A. In the event of damage causing a partial destruction of the Premises during 07/26/01 the term of this Lease from any cause or extension thereof, 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. B. If such repairs cannot be made in sixty (60) days, AUTHORITY may, at his option, make the same within a reasonable time. 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.5. QUIET ENJOYMENT: AUTHORITY covenants that AGENCY 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 AGENCY fully performs hereunder. B.6. DEFAULTS: In the event of AGENCY's material breach of any of the covenants or conditions herein, AUTHORITY may re-enter and repossess the Premises and remove all persons and property therefrom after giving AGENCY written notice of such default and in accordance with due process of law. In the event of such a breach by AUTHORITY, AGENCY may terminate the Lease and quit the Premises without further cost or obligation or may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from rental payments due to AUTHORITY, provided that AGENCY has given AUTHORITY written notice of said breach and provided that AUTHORITY has not made a substantial effort to correct said breach. B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner termination of this Lease, AGENCY 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 07/26/01 reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which AGENCY has no control. AGENCY 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 AGENCY or AUTHORITY in its respective rights and obligations contained in the valid provisions of this Lease. B.10. WASTE, NUISANCE: AGENCY shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the Premises are located. B.11. INSPECTION: The 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 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 he preservation of the property, and in full compliance with the terms and conditions of this Lease. B.12. INSURANCE: During the entire term of this Agreement, AGENCY agrees, at no cost to AUTHORITY, to obtain and maintain: (a) Workers' Compensation Insurance pursuant to state law for any employee and (b) Comprehensive Liability Insurance with a minimum combined single-limit coverage of$500,000.00 for all claims or losses due to bodily injury, sickness or disease or death of any person, or damage to property, including loss of use thereof arising out of each accident or occurrence, and to name the Housing Authority of the County of Contra Costa, its officers, agents and employees as additional insured thereunder. Said coverage shall 07/26/01 provide for thirty (30) days written notice to AGENCY of cancellation or lapse. Evidence of such coverage shall be furnished to AGENCY upon execution of this Agreement. 07/26/01 SECTION C: SPECIAL PROVISIONS C.1. SERVICES BY AGENCY: AGENCY shall provide students certain activities advancing their academic, college and preparation skills. AGENCY will offer a center program that will include computer training, mentoring, truancy intervention to the community at large. However, at least 50% of the population it serves must be public housing development residents. AUTHORITY shall consult with AGENCY and select either licensed, insured contractors or employees of AUTHORITY to provide the service. AUTHORITY shall obtain AGENCY's prior approval on the scope, term, and cost of the contracts. C.2 ASSIGNMENT OR SUBLEASE: AGENCY 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. 07/26/01