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HomeMy WebLinkAboutMINUTES - 12131994 - 1.78 TO: BOARD OF SliPERVISORS �E � Contra >. _ .. FROM: Barton J. Gilbert, Director of General Services Costa oaTE: unty December 13 1994 SUBJECT: FACILITY LEASE FOR CONTINUED USE OF THE CENTRAL COUNTY HOMELESS SHELTER - 2047 ARNOLD INDUSTRIAL WAY, CONCORD SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION I. RECOMMENDATION: ADOPT the Resolution Approving Form of and Authorizing Execution Execution of a Facility Lease (2042 Arnold Industrial Way, Concord) . APPROVE a Facility Lease, commencing December 15, 1994 with the Moran Family Trust, for the premises at 2047 Arnold Industrial Way, Concord, occupied by the Central County Homeless Shelter, under the terms and conditions more particularly set forth said Lease; AUTHORIZE the Director of General Services to EXECUTE, said Lease, on behalf of the County; APPROVE appropriation adjustment to complete required downpayment. II . FINANCIAL IMPACT: Approval of this Facility Lease will reduce the monthly lease costs . The Facility Lease gives the County the right to purchase the property for $1,515,000. The County will make an initial payment of $750,000 with funds received from a combination of local CDBG and State grants, leaving a balance of $765,000 . A portion of the rent will be applied to reduce thecost of future acquisition. Rent received from a tenant occupying a portion of the premises will be used to offset rent and operating costs paid by the County under the Facility Lease. III . REASONS FOR RECOMMENDATIONS/BACKGROUND: The County has certified a Final Environmental Impact Report, and has adopted a General Plan Amendment in order to operate a Homeless Shelter on this site. On June 14 , 1994, the Board approved the Leasehold Addendum for Site Acquisition in order to receive a State grant for acquisition of the premises. The County has also constructed substantial specialized improvements in the building. This Facility Lease will reduce operating costs and provide for the future acquisition of the facility. It CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREM: : ACTION OF BOARD ON- December 13, 1994 APPROVED AS RECOMMENDED�_ OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Barton J. Gilbert (313-7100) cc:County Administrator; County Auditor- ATTESTED December 13 1994 Controller (via L/M) ; Housing PHIL BATCHELOR.CLERK OF THE BOARD OF Authority (via L/M) ; Health Services SUPERVISORS AND COUNTY ADMINISTRATOR Dept. (via L/M) ; County Counsel (via L/M) ; Public Works (via L/M) ; M3BLer (via L/M) By- 9"A JILVI ,DEPUTY REcorder Orig: General Services-L/M TE:dp 2047arn.bo3 r AOR 7' RESOLUTION NO. 94/606 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, CALIFORNIA RESOLUTION APPROVING FORM OF AND AUTHORIZING EXECUTION OF A FACILITY LEASE (2047 ARNOLD INDUSTRIAL WAY, CONCORD) WHEREAS, pursuant to that certain Lease, 2047 Arnold Industrial Way, Concord, California, dated May 19, 1992, as amended by the Lease Amendment, dated December 8, 1992 (collectively, the "Lease") , the County of Contra Costa ( "County" ) presently leases from the Moran Family Trust ( "Lessor") , all of those certain premises commonly known as 2047 Arnold Industrial Way, Units "A", "B", and "C" , Concord, California, for use as the central county homeless shelter. WHEREAS, this Board of Supervisors for Contra Costa County (the "Board" ) does hereby determine 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 (2047 Arnold Industrial Way, Concord) , tentatively dated as of December 15, 1994 (herein called the "Facility Lease" ) , which would supersede the above described Lease and lease Units "A" , "B", "C", and "D" at 2047 Arnold Industrial Way, 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 has full legal right, power, and authority under the Constitution and the laws of the State of California to enter into the transactions hereunder authorized. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa as follows : Section 1. All of the recitals herein are true and correct and this Board of Supervisors so finds . Section 2 . The Board of Supervisors hereby FINDS and DETERMINES 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. Section 3 . The Facility Lease, tentatively dated as of December 15, 1994, and on file with the Clerk of the Board of Supervisors, together with all Exhibits thereto, is hereby APPROVED and, subject to the conditions specified in Section 4 of this RESOLUTION APPROVING FORM OF AND AUTHORIZING EXECUTION Page 2 OF A FACILITY LEASE (2047 ARNOLD INDUSTRIAL WAY, CONCORD) Resolution, the Director of General Services is hereby AUTHORIZED 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, 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. Section 4 . The officers of the County 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 shall take effect from and after its adoption and approval. PASSED AND ADOPTED this 13th day of December , 1994 , by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson, Powers NOES: None ABSENT: None Ch it of the Board of Supervisors of the County of Contra Costa, State of California I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 13th day of December 1994 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By �a a jja- - Deputy Clerk. RESOLUTION NO. 94/606