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Home My WebLink AboutRESOLUTIONS - 09102004 - 71-560 RESOLUTION NO. 2.1,e560 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA APPROVING AND AUTHORIZING EXECUTION OF LEASE OF BUILDING SPACE WHEREAS, there has been presented to this Board of Supervisors a Proposed lease in the form attached hereto as Exhibit A, which is incorporated herein and made a part hereof; and WHEREAS, it is in the best interests of the County of Contra Costa that said lease be approved and the execution thereof be authorized by and on behalf of this County, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa as follows : Section 1._ The form of lease attached hereto as Exhibit A be, and the same is hereby approved by the County Of Centra Costa. Section 2. The Chairman of the Board of Supervisors of the County of Contra Costa be, and he hereby is authorized'''to execute said lease, and the Clerk of the Board of Supervisors of the County of Contra Costa be and he hereby is authorized to attest the execution RESOLUTION N4. 11/560 __ ..................................................................................... of said lease, 'and affix the official seal of the County of Contra Costa thereto. PASSED AND ADOPTED this 2,Lt day of August.. 1971, by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: Supervisor W. N. Boggess . [SEAL] ane the Bo; 77 pervisors 4460a P. Kenny ATTEST: Al odrd OVSMp Supero "S� 'Clerk of the RESOLUTION NO. 71/560 2. LEASE OF BUILDING SPACE 1 . PARTIES & DATE. This lease is dated for convenience as of Septem5eF71—,-7771 . The CONTRA COSTA JUNIOR COLLEGE DISTRICT, a community college district duly organized and existing under and by virtue of the laws of the State of California (herein "District") , and the COUNTY OF CONTRA COSTA, a political sub- division of the State of California (herein "County") mutually promise and agree as set forth herein . 2 . AUTHORITY. District and County have entered into a Joint Exerts se ;5f veers Agreement dated March 1, 1971, which created the 'Contra Costa Education Center Authority and provides in Section 14 thereof that the District will sublease a portion of the building and facilities to be constructed thereunder (The Education Center) to County and that County will sublease a portion of the building and facilities from District . District has entered Into a long-term lease with Contra, Costa Education Authority for the entire Education Center, and said lease in Section 18 authorizes District to sublease a portion of the building and facilities to County . 3 . DEMISE & DESCRIPTIONS. District hereby leases to County and County ReRby accepts and hires from District, to be used for county purposes , those certain premises to be situated in the City of Martinez , County of Contra Costa, State of California, more, particularly described as follows: The entire second floor of the Contra Costa Eduoation Center, as shown on the plans therefor heretofore approved by County and District pre- pared by Cometta and Cianfichi/Frederick L.R. Confer & Associates , dated May 20, 1971 (Project 543-68) , and incorporated herein by reference , being in area approximately 6 ,78$ square .feet , together with a separate entry and stairway access thereto as similarly shown on said plans, being in area approximately 797 square feet ; all to be constructed in accordance with said plans. 4 . TERM. The term of this lease shall commence on July 1 , 1973, prow d District can deliver possession of said premises to County on said date , and shall terminate upon the termination of the above-mentioned Lease between District and the Contra Costa Education Center Authority . However, County at its sole discretion may utilize the demised premises under this lease for a period of not less than 20 years from the commencement hereof irrespective of such termination of the above-mentioned lease between District and the Contra Costa Education Center Authority. If District , for whatever reason, cannot deliver possession of said premises to County by July 1 , 1973, this lease shall not be void or voidable, nor shall. District be liable to County for any loss or damage resulting therefrom; but in that event there shall be a proportionate deduction of rent covering the period between the commencement of the said term and the time when District can deliver possession of said premises . 5. FENT. The rent payable to District under this lease shall be Ther y--Two Thousand Dollars ($32 ,000) per calendar year, payable on or prior to January l and July 1 of each year in advance for the succeeding six months of such year. County agrees to take such action as may be necessary to include all such rental payments due hereunder in its annual budgets and to make the necessary annual appropriations therefor. 6 . 'USE. County shall not use, or permit said premises or any part--Hereof, to be used for any purpose or purposes other than, lawful county purposes . 7 . ALTERATIONS . County shall not make, or suffer to be made , any alteraElo�ns Q said premises, or any part thereof; without the prior written consent of District , and any additions to , or al- terations of, said premises, except movable furniture , shall become at once a part of the realty and shall belong; to District . County agrees to pay for any redecoration costs for said premises. 8. OCCUPANCY. Provided there is no breach of this lease by District, County aII -not vacate or abandon said premises at any time during the term hereof. 9 . MAINTENANCE. District shall keep and maintain said premises and appurtenances and every part thereof in good and sanitary order, condition, and repair, and County agrees to reimburse District on a semiannual basis for twenty per cent ( 20%) of the total cost of all necessary custodial services and supplies for said Contra Costa Education Center. County has the right to audit District 's records and accounts to verify t . 10 . UTILITIES. County agrees to reimburse istrict on a semi- annual bas1s for twenty per cent (20%) of the total cost of all water, gas, heat , light and power supplied to said Contra Costa Education Center, and. County shall be Liable for payment of all other utility services supplied to said premises. County has the right to audit District ' s records and accounts to verify utility costs . 11 . DESTRUCTION. In the event of a partial destruction of said premises duFing said term from any cause, District shall forth- with repair the same , provided such repairs can be made within sixty (60) days under applicable laws and regulations, but such partial destruction shall in nowise annul or void this lease, except that County shall be entitled to a proportionate deduction and abatement of rent while such repairs are beim made , such proportionate deduction to be based upon the extent to which the making; of such repairs shall interfere with the use by County of said premises . If.such repairs cannot be made within sixty (60) days , District may, at Its option, make the same within a reasonable time , this lease continuing in full force and effect and the rent to be proportionalely deducted and abated as aforesaid in this paragraph provided. In the event that District does not so elect to make such repairs which cannot be made within sixty (50) days, or such repairs cannot be made under such laws and regulations, this lease may be terminated at the option of either party. 12 . ASSIGNMENT. County shall not assign this lease or any interest there n�,'and' all not sublet said premises or any part thereof, or any right or privilege appurtenant thereto, without District's prior consent . 13 . HOLD HARMLESS. It is understood and agreed that the District shall Hot in any way be responsible for damages to persons or property in and upon said premises while persons are on County business, and shall, not be held liable for any liability, claim or suit for damages to the person or property of anyone whomsoever while in or upon said leased premises during said term in con- junction with performance of County business, and the County hereby agrees to indemnify and hold harmless the District from any liability or charges of any kind or character by reason of such injury or 'damage claim or suit for liability arising therefrom in, around or upon said leased premises, except in the case of any structural, me<chanc,al or *other failure of equipment or building owned by the DI-strict , which results in damar,:e to any peroon or property , the District will be held liable . The District anrees to hold the County comnl.etely harmless from damages to persons or property and County shall not be held liable for any liability, clam or suit for darafes to the person or property when and if said persons or property are pa.ssinr, through are in or around said demised premises and are not actin- in conjunction with County business . 14 . PERROR"DANCE. Time In or the essence of this lea6e . 15. SURRENDER. County shall at the termination of this lease , by lapse of or otherwise, surrender said premises in good order and condition, reasonable use and ordinary wear and tear thereof, damage by the elements , other casualty, condemnation or appropriation excepted. WITNESS the signatures of the parties hereto. CONTRA COSTA JUNIOR COLLEGE DISTRICT By -� an v the a cl of Trustees ATTE (SEAL) { i Secretary .of the Board of'-Trustees COUNTY OF CONTRA COSTA BY � orc 1upervitorsxmn Q e ATTEST: W.T. PAASCH, County Clerk and ex officio Clerk of the Board (SEAL) By Deputy Recommended for approval : County Administrator By Publi wort�r FORM APPROVED JtfH Usm Cour+ CQ tat 6T otav' �r _ _