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HomeMy WebLinkAboutMINUTES - 09122006 - C.110 I TO: BOARD OF SUPERVISORS = CONTRA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES = 's COSTA DATE: SEPTEMBER 12, 2006 COUNTY I SUBJECT: REVENUE LEASE RENEWAL WITH UJIMA FAMILY RECOVERY SERVICES FOR THE COUNTY-OWNED PREMISES AT 3939 C 1O BISSELL AVENUE, RICHMOND (T00059) 1 I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I RECOMMENDATION i 1. APPROVE the renewal of a Revenue Lease commencing September 1, 2006, and ending August 31, 2009, with Ujima Family Recovery Services, a private non-profit corporation, for the County-owned premises at 39391 Bissell Avenue, Richmond, under the terms and conditions more particularly set forth in the Revenue Lease. 2. AUTHORIZE the Director of General Services, or designee, to execute the Revenue Lease. I FINANCIAL IMPACT I The Revenue Lease will generate a total of $19,080 in revenue to the County over the three-year term of the Lease. Revenues are credited to the Health Services Department, which also pays the operating expenses associated with the premises. I BACKGROUND I Ujima Family Recovery Services has operated a family counseling program at this site since 1992. The premises consist of a building of approximately 1,500 square feet. The tenant pays for all utilities and interior maintenance and the County has the right to cancel the Lease upon 60 days notice. I I I I I I I I I I CONTINUED ON ATTACHMENT: YES SIGNATU --'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO OMMITTEE _,,-'APPROVE _OTHER I. ' I r I SIGNATURE(S): ACTION OF BOAR O 9r�n ' APPROVED AS RECOMMENDED x OTHER I I I I I I I VOTE OF SUPERVISORS I X UNANIMOUS(ABSENT Y10Yle ) AYES: NOES: I ABSENTS: ABSTAIN: I MEDIA CONTACT:MICHAEL J.LANGO(313-7100) Originating Dept.:General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Real Estate Services Division AND CORRECT COPY OF AN ACTION TAKEN Accounting AND ENTERED ON THE MINUTES OF THE BOARD �ONTHEAuditor-Controller(via RES) OF SUPERVISOATE SHOWN. Risk Management(via RES) ATTESTEDYhLL' knia Health Services Department(via RES) JOHN CUL EN,CLERK OF THE BOARD OF SUPERVISORS Ujima Family Recovery Services (via RES) AND COUNTY ADMINISTRATOR I I BY DEPUTY I I I I:\LeaseMgt\Board Orders\2006-09-12\3939 Bissell Ave BdO.doi DLS:dIs Page 1 of 1 M382(10/88) I i LEASE I TABLE OF CONTENTS 3939 Bissell Avenue Richmond, California Ujima Family Recovery Services I SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES...........................................................................................:................ 1 A.2. LEASE OF PREMISES ..................................................................................... 1 A.3. TERM.....:................1.......................................................................................... 1 A.4. RENT.......................!.......................................................................................... 1 A.5. USE OF PREMISESI.......................................................................:..................2 A.6. UTILITIES AND JANITORIAL SERVICE .....................................................2 A.7. MAINTENANCE AND REPAIRS ...................................................................2 A.8. NOTICES................ ..........................................................................................3 A.9. EXHIBITS AND ATTACHMENTS .................................................................3 A.10. WRITTEN AGREEMENT ................................................................................4 A.11. TIME IS OF THE ESSENCE ............................................................................4 A.12. SIGNATURE BLOCK.......................................................................................4 SECTION B: STANDARD PROVISIONS I B.1. HOLDING OVER..............................................................................................5 13.2. HOLD HARMLESS'..........................................................................................5 B.3. ALTERATIONS, FIXTURES, AND SIGNS..............................................:.....5 13.4 DESTRUCTION..................:.............................................................................6 13.5. QUIET ENJOYMENT.......................................................................................6 13.6. DEFAULTS .......................................................................................................6 13.7. SURRENDER OF PREMISES..........................................................................7 13.8. SUCCESSORS AND ASSIGNS .......................................................................7 13.9. SEVERABILITY ...!...........................................................................................7 13.10. WASTE, NUISANCE........................................................................................7 B.11. INSPECTION......... ...........................................................................................8 B.12. ABANDONMENT.'............................................................................................8 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT ORISUBLEASE ......................................................................9 C.2. POSSESSORY INTEREST TAX......................................................................9 C.3. INSURANCE.........1...........................................................................................9 C.4. HAZARDOUS MATERIALS ......................................................................... 11 C.5. CANCELLATION.......,,,,,,,,........... ............ 12 C.6. TERMINATION.... ......................................................................................... 12 I EXHIBITS I EXHIBIT A: PREMISES I I I I I i I SII i G:\LeaseMgt\Dave\Health Services\RICHMOND\3939 Bissell Avenue\Ujima Lease 082106.doc I I LEASE FOR UJIMA FAMILY RECOVERY SERVICES 3939 BISSELL AVENUE RICHMOND, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on , the COUNTY.OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY," and UJIMA FAMILY RECOVERY SERVICES, a private nonprofit corporation, hereinafter called "LESSEE," mutually agree and promise as follows: A.2. .LEASE OF PREMISES: COUNTY, for and in consideration of the rents, hereby leases to LESSEE, and LESSEE leases from COUNTY those certain premises described as follows: a one story modular building commonly known as .3939 Bissell Avenue, Richmond, as shown on Exhibit "A," attached hereto and made a part hereof("Premises"). This Lease is entered pursuant to Government Code Section 26227. A.3. TERM: The term ("Term") of this Lease shall be three (3) years, commencing September 1, 2006 and ending August-31, 2009. A.4. RENT: LESSEE shall pay to COUNTY as rent for the use of the Premises a rental of FIVE HUNDRED THIRTY AND NO/100 DOLLARS ($530.00) per month during the . term. Rent shall be payable in advance on the tenth day (the "Due Date") of each month during the term of this Lease. Payments shall be made payable to "Contra Costa County" and mailed to Contra Costa County, General Services Accounting Division, 1220 Morello Avenue, Suite 200, Martinez, CA 94553-4711, or to any other location designated by COUNTY in writing from time to time. If any rental is not paid to the COUNTY within ten (10) days after Due Date, LESSEE shall pay to COUNTY interest on said unpaid balance at a rate of one and �' - 1 - one-half percent (1'/2 %) per month, from the date said payment was due and payable until paid in full. A.5. USE OF PREMISES: The Premises shall be used during the Tenn for the sole purpose of operating an intensive prenatal outpatient addiction recovery program. A.6. UTILITIES AND JANITORIAL SERVICE: LESSEE shall provide and pay for all services to the Premises, including but not limited to janitorial, landscaping, pest control, telephone, gas, electric, water, sewer, and refuse collection services. A.7. MAINTENANCE AND REPAIRS: a. COUNTY 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, and all locks and key systems used in the Premises. LESSEE shall maintain all windows, including all glass and glazing. b. LESSEE shall keep and maintain, at its sole cost and expense, the interior of the Premises, including interior lighting, in good order, condition and repair, but COUNTY shall repair damage to the interior caused by failure to maintain the exterior in good repair, such as damage caused by roof leaks and/or interior and exterior wall leaks. C. COUNTY shall repair and maintain the electrical, exterior lighting, water, plumbing, and heating, ventilating, and air conditioning systems. d. COUNTY shall maintain the landscaping and sprinkler system in good order, condition and repair. e. At the direction of the Fire Marshal, LESSEE shall maintain, repair, and replace fire extinguishers.which were originally supplied by and shall remain COUNTY property. f. COUNTY shall be responsible for the correction of any code violations which may exist in the Premises, provided COUNTY 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. - 2 - A.8. 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 snail 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 LESSEE: Ujima Family Recovery Services 3939 Bissell Avenue Richmond, CA 94805 To COUNTY: Contra Costa County General Services Department Real Estate Services Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.9. 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. (Reniainder of Page Intentionally Left Blank) J ' I ' I - 3 - A.10. 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 convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. AJL TIME IS.OF THE ESSENCE of each and all of the terms and .provisions of this Lease. A.12. SIGNATURE BLOCK COUNTY LESSEE COUNTY OF CONTRA COSTA, a UJIMA FAMILY RECOVERY political subdivision of the State of SERVICES, a private nonprofit California corporation By By Michael J. Lango Director of General Services By RECOMMENDED FOR APPROVAL: By. Dick R. Awenius Real Estate Manager APPROVED AS TO FORM: SILVANO B. MARCHESI, County . Counsel By Lillian T. Fujii Deputy II f ail I 'I � i I . I ' - 4 - I '. I I I! LEASE FOR UJIMA FAMILY RECOVERY. SERVICES 3939 BISSELL AVENUE RICHMOND, CALIFORNIA SECTION B:. STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the Term of this Lease as provided hereinabove shall only be construed to be a tenancy from month to month, subject to the terns of this Lease so far as applicable, and shall not be deemed to operate as.renewal or extension of this Agreement. B.2. HOLD HARMLESS: LESSEE shall indemnify, save, protect and hold harmless the COUNTY, its officers, agents and employees from any and all claims, costs and liability, including reasonable 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 Premises, save and except claims or litigation arising through the sole negligence or sole willful misconduct of COUNTY, its officers or employees, and if required, will defend any such actions. at the sole cost and expense of LESSEE. B.3. ALTERATIONS, FIXTURES, AND SIGNS: With prior written approval of COUNTY'S Real Estate Manager, LESSEE may make any lawful and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall retrain LESSEE'S property and may be removed by LESSEE prior to the termination of this Lease. Any such alterations, signs or fixtures shallbe at LESSEE'S sole cost and expense, and all signs shall meet with existing code requirements. Upon removal of any fixtures or signs, LESSEE shall: repair any damage to the Premises and shall restore the Premises to their original condition. - 5 - BA. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease from any cause, COUNTY may, at its option, make repairs within a reasonable time, and LESSEE shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the remaining useable area of the i Premises. In the event COUNTY does not so elect to make such repairs, this i Lease may be terminated at the option of either party. b. A total destruction of the Premises shall terminate this Lease. B.5. QUIET ENJOYMENT: COUNTY covenants that LESSEE shall at all times during the term peaceably and quietly have, hold, and enjoy the Premises without suit, trouble or hindrance from or on account of COUNTY as long as LESSEE fully performs hereunder. B.6., DEFAULTS: The occurrence of any of the following shall constitute a default under this Agreement: a. Default by LESSEE ("LESSEE's Default"): i. LESSEE'S failure to pay any rent within ten (10) business days after its Due Date. ii. LESSEE'S failure to comply with any other material tern or provision of this Lease if such failure continues for thirty (30) days after written notice of failure from COUNTY 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 (3 0) 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. i i On the occurrence of a LES SEE's Default, COUNTY may re-enter 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. b. Default by COUNTY (,`COUNTY'S Default"): COUNTY'S failure to perform any of its obligations under this Lease shall constitute a default by COUNTY if the failure continues for thirty (30) days after written notice of the failure from LESSEE to COUNTY 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).dray period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. On the occurrence of a COUNTY Default, as LESSEE's sole remedy LESSEE may I tenninate this Lease and quit the Premises without further cost'or obligation. B.7. SURRENDER OF PREMISES: On the last day of the Terni, or sooner termination of this Lease, LESSEE will peaceably and quietly leave and surrender to COUNTY the 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 LESSEE has no control, excepted. I 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 LESSEE or COUNTY in its respective rights and obligations contained in the valid provisions�of this Lease. B.10. WASTE, NUISANCE: LESSEE 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 occupant of the neighborhood in which the Premises are located. - 7 - I' B.11. INSPECTION: The COUNTY reserves the right to enter the Premises at any time and to employ the proper representative or LESSEE 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 LeaIse. LESSEE shall.promptly make any repairs or do any maintenance identified by the inspection. i B.12. ABANDONMENT: LESSEE shall not vacate or abandon the Premises at any time during the Term. If :LESSEE shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to LESSEE and left on the Premises shall be deemed to be abandoned, at the option of COUNTY, in accordance with applicable law. (Remainder of Page Intentionally Left Blank) i I i i I ' I � I ' - 8 - it I i LEASE FOR UJIMA FAMILY RECOVERY.SERVICES 3939 BISSELL AVENUE RICHMOND, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: LESSEE shall not have the right to assign this I Leasle or sublease the Premises o I any part thereof at any time during the term of this Lease. C.2. POSSESSORY INTEREST TAX: The Contra Costa County Assessor has invoked a possessory interest tax on all rentals of COUNTY and other publicly-owned properties. This. tax is mandatory by law and is levied on the LESSEE and not the property. The occupant of the property on the'lien date, March 1 of the current year, is liable for full payment, even if LESSEE subsequently vacates the Premises. LESSEE, therefore, recognizes and understands, in accepting this Agreement,that its interest therein may be subject to a possible possessory interest tax that the County Assessor may legally impose on such' possessory interest. LESSEE further understands that such tax payment shall not reduce an rent due the COUNTY hereunder, and shall be the liability of and be aid � y y .p prom; ptly by the LESSEE when due. C.3.' INSURANCE: LESSEE, at its sole cost and expense, shall maintain the following insurance coverage in full force and effect throughout the Term of this Lease: 1. Insurance Required: a. Liability Insurance LESSEE shall maintain Comprehensive General Liability or Commercial General Liability insurance covering bodily injury (including death), personal injury and property damage. i. Limits shall be in an amount of not less than one million dollars i ($1,000,000) per occurrence, and two million dollars ($2,000,000) aggregate, if applicable. ii. Such insurance shall name COUNTY, its officers, agents and employees, individually and collectively, as additional insureds. i - 9 - i iii. Such insurai ce for additional insureds shall apply as primary insurance, alnd any other insurance maintained by LESSEE, its officers, agents and employees, shall be excess only and not contributing with the insurance required under this paragraph. b. Worker's Compensation and Employer's Liability Insurance: LESSEE shall maintain insurance coverage for: i. Statutory California Worker's Compensation coverage including a broad form all-states endorsement. ii. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this lease. C. Property Insurance COUNTY shall maintain property coverage on the real property. LESSEE shall have no interest in the insurance proceeds upon COUNTY'S improvements, equipment and fixtures, and will sign all documents necessary or proper in connection with the settlement of any claim or loss by COUNTY LESSEE shall provide fire insurance on its own .contents, improvements, betterments and personal property contained within or on the Premises under a standard "all-risk" policy, excluding earthquake and flood. The coverage shall be for not less than ninety percent (90%) of the actual cash value of the personal property. LESSEE shall name COUNTY as . an additional insured and loss payee as respects the improvements and ;I bettennents, and shall provide a Certificate of Insurance evidencing such coverage and providing not less than thirty (30) days notice of any cancellation or material change. 2. Evidence of coverage: Within 30 days after execution of this Lease, LESSEE shall provide on a form approved by COUNTY an original copy of a Certificate of Insurance certifying that coverage as required has been obtained and remains in force for the period required by the Lease. - 10 - i 3 ,--Iifying In All plolicies shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A:XII I according to the current Best's Key Rating Guide, unless otherwise approved by COUNTY. 4 Waiver of Subro ag_ tion: Except as may be specifically provided for elsewhere in this Lease, COUNTY and LESSEE hereby each mutually waive any and all rights of recovery from the other in the event of damage to the Premises or property of either caused by acts of God, perils of fire, lightning, and the extended coverage perils as defined in insurance policies and forms approved for use in the state of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with the aforementioned waiver. C.4. HAZARDOUS MATERIALS: LESSEE shall not, and shall ensure that LESSEE'S agents, employees, LESSEES, invitees or others on the Premises with LESSEE'S permission do not, store or dispose of any hazardous materials which are or become, while this Agreement is in existence, regulated by any local government authority, the State of California, or the United States government ("Hazardous Materials"). Should any discharge, leakage, spillage, emission or pollution of any type occur upon or from the Premises due to LESSEE'S use and occupancy thereof, LESSEE, at its expense, shall be obligated to clean all the property affected thereby, whether owned, controlled or possessed by COUNTY or any third party, to the reasonable satisfaction of COUNTY or other governmental body having jurisdiction thereof. LESSEE shall not permit any activity on the Premises which directly or indirectly produces unlawful amounts or levels of air pollution (gasses, particulate matter, odors, fumes, smoke, or dust), water pollution, noise, glare, radioactivity, trash or refuse accumulation, or which is hazardous or dangerous by reason or risk of explosion, fire or harmful emissions. COUNTY shall have the right to inspect the Premises and LESSEE'S equipment to verify LESSEE'S conformance with the provisions of this Section after pro N iding LESSEE with twenty-four (24) hours actual notice. - 11 - i + To the extent pennitted byl law, LESSEE shall indemnify, hold harmless, and defend COUNTY and holders of user rights against all liability, cost, and expense (including, without limitation, any fines, penalties, judgments, litigation costs, and attorney's fees) incurred by COUNTY and such other users as a result of LESSEE'S breach of this section or as a result of any LESSEE discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during or after the term of this Agreement, unless such liability, cost or exPpense is proximately caused solely by the negligence of COUNTY. The parties to this .Lease acknowledge that the provisions of this paragraph V shall survive beyond the expiration or termination of this Lease. C.5. CANCELLATION: COUNTY shall have the right to cancel this Lease by giving LESSEE sixty (60) days prior written notice. C.6. TERMINATION: In the event COUNTY'S contract No. 24429-29 with LESSEE for operation of an intensive prenatal outpatient addiction recovery program is terminated, this Lease shall terminate on the same date as the contract termination. LESSEE shall vac ate the Premises within thirty (30) days after such termination. i - 12 - ... i E/) , •II © Z 11 �� •y'�'4� .I' l j � ry-S � V I � �'�'i '1»=it.r: •,i.y . r m 1 fes. , I � I+•14;.7.++, i.� .'i:�'i'J tt r,....( ;.. � �, 00 .. • 1. 00 rri A. 2 a N a Li EXHIBIT A: 3939 Bissell Avenue Richmond, California i