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HomeMy WebLinkAboutMINUTES - 10151991 - 1.37 r RESOLUTION NO. 91/674 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, CALIFORNIA RESOLUTION RATIFYING APPROVAL OF FORM OF AND AUTHORIZATION OF EXECUTION OF A FACILITY LEASE (2090 COMMERCE AVENUE, CONCORD) WHEREAS, pursuant to that certain Lease, 2090 Commerce Avenue, Concord, California, (lease) dated May 5, 1981, the County of Contra Costa ("County") presently leases from Joseph L. ,Campbell and Elizabeth J. Campbell ("Lessor") , all of those certain premises commonly known as the Shennum Center, Concord, California, for use as a detoxification facility and/or a family stress center; WHEREAS, this Board of Supervisors for Contra Costa County -(the "Board") has previously found and determined and hereby confirms that it would be in the best interest of the County and the residents of the County for the County to enter into an agreement entitled Facility Lease (2090 Commerce Avenue, Concord) , tentatively dated as of August 1, 1991 (herein called the "Facility Lease") , which would supersede the above described Lease and lease the entirety of the premises at 2090 Commerce Avenue, Concord, to County (together collectively called the "Demised Premises" and the "Project" in the Facility Lease) and also provide for the transfer of title to. the premises to the County at the expiration of its term without further payment by County, or prior to expiration upon payment of certain portions of the rent reserved thereunder; WHEREAS, the County presently subleases said premises to Bi-Bett Corporation, a nonprofit public benefit corporation for use as said detoxification -facility and/or family stress center; WHEREAS, the Administrative Offices of the General Services Department of the County held a public hearing on October ':.10, 1991, after duly publishing a notice of public hearing in the Contra Costa Times on September 25, 1991, during which members of the public were given an opportunity to be heard and comment on the proposed lease, [and during which no comments were made] ; WHEREAS, this Board, by Resolution No. 91/474 adopted on July 23 , 1991, approved, subject to certain conditions specified therein, the Facility Lease and authorized the execution thereof by certain designated officials of the County; WHEREAS, the County has full legal right, power, and authority under the Constitution and the laws of .the State of California to enter into the transactions hereinafter authorized; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa as follows : Sectionl . All of the recitals herein are true and correct and this Board of Supervisors so finds . Y Section 2 . The Board of Supervisors hereby FINDS and DETERMINES and CONFIRMS that it is in the public interest, convenience and welfare, and for the common benefit of the inhabitants of the County that the County enter into the Facility Lease and that it execute all documents related thereto, including, without limitation, a Memorandum of Lease in a form suitable for recording, in substantially the form presently attached to the Facility Lease as Exhibit E, and that the County obtain a leasehold policy of title insurance as described in the Facility Lease. Sectio. The prior approval by this Board in Resolution No. 91/474 of the Facility Lease, tentatively dated as of August 1, 1991, and on file with the Clerk of the Board of Supervisors, together with all Exhibits thereto, is hereby RATIFIED and, subject to the conditions specified in Section 4 of Resolution No. 91/474, the prior authorization of Chair of the Board of Supervisors and the Clerk of the Board of Supervisors and County Administrator to execute and deliver the Facility Lease in substantially said form, with such changes therein as may thereafter be approved by counsel to the County provided such changes do not materially increase the obligations of the County, such approval to be conclusively evidenced by the execution and delivery thereof, together with all other related documents necessary to effectuate the transaction contemplated therein, including, without limitation thereby, the aforementioned Memorandum of Lease, is hereby RATIFIED. The Clerk of the Board of Supervisors is DIRECTED to file a copy of the Facility Lease and all Exhibits thereto with the minutes of this meeting. Section 4 . Subject to the conditions specified in Section 4 of Resolution No. 91/474, the officers of the County 2 4842W are hereby AUTHORIZED and DIRECTED, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the transaction represented by the Facility Lease and otherwise to carry out, give effect to, and comply with the terms and intent of this Resolution and the Facility Lease. Section 5 . This Resolution will take effect from and after its adoption and approval . PASSED AND ADOPTED this 15th day of October 1991, by the following vote: AYES: Supervisors Fanden, Schroder, Torl.akson, McPeak, :Powers NOES: None ABSENT: None Chair 6f/ the Board of Supervisors of the County of Contra Costa, State of California 3 4842W CLERK'S CERTIFICATE I, Deputy Clerk of the Board of Supervisors of Contra Costa County, California, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of said Board of said County duly and regularly held at the regular meeting place thereof on the 15 th day of October, 1991, of which meeting all of the members of said Board had due notice and at which a majority thereof was present; and at said meeting said resolution was adopted by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None An agenda of said meeting was posted at least 72 hours before said meeting at Adm'n; Grrat;nn Rld Lobby , California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda . I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified or Irescinded since the date of its adoption, and. the same is now in full force and effect. 4842W ' WITNESS my hand and the seal of Contra Costa County this 15th day of October_, 1991 . �1. (A `22� Denuty Clevrk of the oard of Supervisors, Contra Costa County, California [SEAL 2 4842W AFFIDAVIT OF POSTING OF AGENDA STATE OF CALIFORNIA ) ) ss . COUNTY OF CONTRA COSTA ) Jeanne Bnsargp hereby declares that she is a citizen of the United States of America, over the age of 18 years; that acting for the Board of Supervisors of the County of Contra Costa $he posted on October 11, 1991 651 Pine St, Martinez—, California 94553 , at the Lobby , Administration Building , California 94553 , a location freely accessible to members of the public, an agenda for the regular meeting of the Board of Supervisors of Contra Costa County to be held on October 15, 1991, a copy of which is attached hereto. Dated: October 151 1991. I declare under penalty of perjury that the foregoing is true and correct.