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HomeMy WebLinkAboutMINUTES - 01101995 - 1.94 IN iCi - Contra TO: REDEVELOPMENT AGENCY it Costa FROM: Phil Batchelor a` Courcy Executive Director l ` °" DATE : January 10, 1995 SUBJECT: Lease of Southern Pacific Right-of-Way SPECIFIC REQUEST(S) ' OR RECOMN[ENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS I APPROVE form of Lease of Southern Pacific Right-of-Way at Pleasant Hill BART Station with the San Francisco Bay Area Rapid Transit District, and AUTHORIZE the Executive Director or his designee to execute said Lease. FISCAL IMPACT The Lease provides for an annual payment by BART to the Redevelopment Agency of $80, 000 . BACKGROUND/REASONS FOR'RECOMMENDATIONS The Bay Area Rapid Transit District (BART) has leased the Redevelopment Agency-owned Southern Pacific Right-of-Way from Treat Blvd. north to the Coggins turn for interim parking since 1990 . Initially the interim parking area was required because of BART' s construction of its parking garage at the Pleasant Hill station. More recently' it has used the area for additional parking due to the system loading that is occurring as a result of the I-680/Highway 24 intersection reconstruction. Since that reconstruction work continues, BART has secured CalTrans funding to continue the interim parking arrangement. BART will be required to pave the parking area and improve the lighting under the terms of this Lease. CONTINUED ON ATTACHMENT:' YES SIGNATURE : Qom.✓ RECOMMENDATION OF EXECUTIVE DIRECTOR RECO NDATION AGENCY CO ITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF AGENCY ON January 10-, 1995 APPROVED AS RECOMMENDED x OTHER VOTE OF COMMISSIONERS. I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Jim Kennedy 646-4076 ATTESTED January 10 , 1995 cc: Community Development PHIL BATCHELOR Redevelopment Agency AGENCY SECRETARY County Administrator County Counsel Auditor-Controller BY I AAJ DEPUTY via Redevelopment BART JK:1h sra16/sprow.bos cf LEASE SOUTHERN PACIFIC RIGHT OF WAY AT PLEASANT HILL BART STATION 1 . Parties and Date: Effective on January 1, 1995, Contra Costa County Redevelopment Agency, a political subdivision of the State of California, hereinafter referred to as "Lessor", and the San Francisco Bay Area Rapid Transit District, a rapid transit district, hereinafter referred to as "Lessee", hereby mutually promise and agree as follows: 2 . Lease of Premises: Lessor, for and in consideration of the rents and for the terms and upon covenants and conditions herein, hereby leases to Lessee and Lessee leases from Lessor that certain parcel of land, consisting of that parcel of land designated as Parcel 1 and Parcel 2 on Exhibit B attached hereto and more particularly described in Exhibit A attached hereto and incorporated herein. 3. Term: This Lease is for a twenty-four (24) month term commencing on January 1, 1995. Lessee shall have an option to extend the Term of this Lease for three additional twelve (12) month periods. In order to exercise its option to extend, Lessee shall, at least sixty (60) days prior to expiration of the original term, - or any extension granted thereto pursuant to this section, request in writing from Lessor an extension of the Lease for a twelve month period, with all other conditions and terms of this lease remaining substantially the same. Lessor shall grant Lessee such an extension unless Lessor needs the demised premises for construction' of public improvements during the period of the requested extension. 4 . Use: a. Lessee shall use the demised premises for the purpose of a parking lot and for incidental purposes related thereto; provided, however, that Lessee shall, not use the demised premises in such a manner as to violate any applicable law, rule, ordinance or regulation of any governmental body. Lessee shall not permit transient or permanent occupation of vehicles parked on the premises and shall not permit long term storage of vehicles on the premises . b. Lessee shall not use, or permit said premises or any part thereof to be used, for any purposes other than those for which the said premises are hereby leased. '4 5. Mental: In consideration for this lease, Lessee agrees to pay to Lessor on or before the first day of each calendar quarter (January, April, July, October) and every quarter during the term hereof, a sum of twenty thousand dollards ($20, 000) . Lessor shall provide an invoice to Lessee on a quarterly basis. 6. Utilities: Lessee shall pay for all water, gas, light, power, telephone service, sewer service and all other services supplied to the said premises, including installation and connection of said services. 7 . Construction of Improvements by Lessee: a. Improvements to be constructed by Lessee: Promptly following the beginning of the term of this Lease, Lessee shall make the following improvements on the demised premises at its sole cost and expense: i) provide a paved base covering the entire demised premise; ii) provide lighting suitable for a parking lot. All improvements shall be constructed in conformance with plans to be submitted and approved by Lessor prior to construction of the improvements which approval shall not be unreasonably withheld. b. Strict Compliance with Plans and Specifications . All improvements constructed by Lessee within the demised premises shall be constructed in good and workmanlike manner and in strict compliance with detailed plans and specifications approved by Lessor, which approval shall not be unreasonably withheld. C. "As-Built" Plans . Within sixty (60) days following completion of any substantial improvement within the demised premises, Lessee shall furnish Lessor a complete set of "As-Built" plans . d. Freedom from Liens. All improvements and facilities constructed or placed within the demised premises by Lessee must, upon completion, be free and clear of all liens, claims or liability for labor or material. Lessee shall at all times defend, indemnify and save Lessor harmless from all claims for labor or materials in connection with construction, repair, alteration or installation of structures, improvements, equipment or 32000LP50 11101/92 -2- facilities within the demised premises, and from the cost of defending against such claims, including attorneys' fees, save and except for claims or liability arising from the negligence of Lessor, its agents and employees. e. Sirens. Lessee agrees not to construct, maintain or allow any sign upon the demised premises, except those signs approved in writing by Lessor. Unapproved signs, banners, flags, etc. , may be removed by the Lessor at Lessee' s expense. All signs so approved shall comply with any applicable sign ordinance. 8 . Maintenance and Repairs: a. Lessee's Obligation. Lessee shall, at its sole cost and expense, keep and maintain the demised premises and .all improvements of any kind which may be erected, installed or made thereon in substantial repair. It shall be Lessee' s responsibility to take all steps necessary or appropriate to maintain such a standard of condition . and repair, including assuring that ground conditions are sufficiently maintained to insure that dust levels in and around the premises are minimized. Lessee expressly agrees to maintain the demised premises in a safe, clean, wholesome and sanitary condition and in compliance with all applicable laws . Lessor shall have the right to enter upon and inspect the demised premises at any time for cleanliness and safety. Lessee acknowledges that it has inspected the premises and that the premises are in good condition. b. Lessor' s Right to Repair: If Lessee fails to maintain or make repairs or replacements as required herein, Lessor may notify Lessee in writing of said failure. Should Lessee fail to correct the situation within a reasonable time thereafter, Lessor may make the necessary correction and the cost thereof, including, but not limited to, the cost of labor, materials and equipment and administration, shall be paid by Lessee within ten (10) days of receipt of a statement of said cost from Lessor. Lessor may, at its option, choose other remedies available herein or by law. 3200OLPW 11A1192 -3- 9. Waste, Ouiet Conduct: Lessee shall not commit or suffer to be committed any waste upon said premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of the surrounding and adjoining property. 10. Unlawful Use: Lessee agrees that no improvements shall be erected, placed upon, operated or maintained within the demised premises, nor any business conducted or carried on therein or therefrom, in violation of the terms of this Lease, or of any statute, ordinance, regulation or other rule of any governmental agency having jurisdiction. 11 . Damaae To Or Destruction of Improvements: In the event of damage to or destruction of Lessee' s improvements or in the event Lessee' s improvements located on the demised premises are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, including Lessor, Lessee shall, within thirty (30) days, commence and diligently pursue to completion, the repair, replacement or reconstruction of improvements necessary to permit full use and occupancy of the demised premises for the purposes permitted by this Lease. Repair, replacement or reconstruction of improvements within the demised premises shall be accomplished in a manner and according to plans approved by Lessor. 12 . Insurance: Lessee shall procure and maintain, at its sole cost and expense, and at all times during the term of this lease, the following coverage: a. Public Liability and Property Damage Insurance: Lessee shall obtain and maintain owner' s, landlord' s, and tenant' s public liability insurance covering and insuring all parties hereto (including Lessor and the County of Contra Costa and their respective officers and employees as additional insureds under the policy) with a minimum combined single-limit coverage of One Million and No/100 Dollars ($1, 000, 000. 00) for all damages due to bodily injury, sickness or disease, or death to any person and/or damage to property, including the loss of use thereof, arising out of each accident or occurrence. Evidence of such insurance shall be provided by the Lessee by filing with Lessor a copy of the policy or policies, or a duly executed certificate to the effect that the insurance required by this Lease is extended. Said policy or policies or certificates shall contain the provision that written notice of cancellation or of any material changes shall be delivered to Lessor at least thirty (30) days in 3=L-PW advance of the effective date thereof. From time to time, Lessor may require Lessee to adjust amount of said coverage. b. Worker' s Compensation Insurance: Lessee shall obtain and maintain insurance to protect Lessee from claims under worker' s compensation acts and other employee benefit acts, claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from the Lessee' s operation under this Lease, whether such operations be by itself or by any sublessee or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability required by law. Certificates of such insurance shall be filed with the Lessor prior to the commencement of the Lease. C. It is agreed and understood that Lessee is self- insured and that Lessee' s self-insurance will satisfy the insurance requirements of this Section 12 . certificate of insurance evidencing such self-insurance shall be furnished by Lessee prior to commencement of this Lease. 13 . Condemnation: a. If any part of the premises shall be taken as a result of the exercise of the power of eminent domain or to be conveyed to any entity having such power under threat of exercise thereof (both of such actions being hereinafter referred to as "condemnation") , this Lease shall automatically terminate as to the portion of the premises which is condemned, as of the date physical possession of such portion is taken by the condemnor. b. If the remaining part of the premises will not be reasonably suitable for the operation of Lessee ' s facility as reasonably determined by Lessee, this Lease may be terminated by either Lessor or Lessee at any time within thirty (30) days after the date possession of the condemnation portion is. taken by the condemnor, and any unearned rent theretofore paid by Lessee shall be refunded. If the remaining part of the premises will be reasonably suitable for the operation of Lessee' s facility, this Lease may continue in full force and effect as to such remaining part with an appropriate reduction in rent based on the ratio that remaining premises bears to the premises originally leased pursuant to this Lease. 37.000LP50 _ 11101192 -5 C. Lessee hereby waives any rights it has now or in the future to receive any portion of any award made or compensation payable by reason of the condemnation of the premises, portion thereof, or interest therein. 14 . Inspection and Notice: Lessor or its agents shall at any and all times have the right to go upon and inspect the land and premises hereby leased and any and every improvements erected or constructed or in the course of being erected or constructed, repaired, added to, rebuilt or restored thereon. and also to serve or to post and to keep posted thereon, or in any part thereof, notices of nonresponsibility, or any other notice or notices that may at any time be required or permitted by law. 15. Assignment, Subletting and Encumbrances : Lessee shall not assign this Lease, or any interest therein, and shall not sublet the demised premises, or any part thereof or any right or privilege appurtenant thereto. Any such assignment- or subletting shall be void and Lessor shall have the option to terminate this Lease therefor. Lessee shall not mortgage or encumber its interest created hereby or any part thereof. 16. Bankruptcy and Insolvency: If the Lessee be adjudicated as bankrupt or become insolvent, or if possession of any interest in the demised premises shall be taken by virtue of any attachment, execution or receivership, the Lessor may, at its election, unless, within ninety (90) days such bankruptcy proceedings be terminated in favor of Lessee and/or such insolvency be cured and/or such possession regained, immediately terminate this Lease by service of notice to such effect upon any adult person found in possession of said premises, or as provided in Section 28 Notices, below. 17 . Surrender of Possession: Lessee agrees that all permanent improvements and facilities constructed or placed within the demised premises shall become the property of Lessor at the expiration of this Lease or upon earlier termination or cancellation hereof, and Lessee agrees to deliver to Lessor possession of the premises leased herein at the termination of this Lease by expiration or otherwise, in good condition, normal wear and tear excepted. Lessee shall promptly remove all signs and other personal property from the premises . 18 . Default: The occurrence of any of the following shall constitute a default by Lessee: 1 . Failure to pay when due, rent or any other payment required under this Lease, if the failure continues for fifteen (15) days after notice has been given to Lessee. 32000LPW 2 . Abandonment and vacation of the premises. Failure to occupy and operate the premises after construction of the improvements for thirty (30) consecutive days shall be deemed an abandonment and vacation. 3 . Failure to perform any other provision of this Lease if the failure to perform is not cured within thirty (30) days after notice has been given to Lessee. If the default cannot reasonably be cured within thirty (30) days, Lessee shall not be in default of this Lease if Lessee commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. Notices given under this section shall specify the alleged default and the applicable lease provisions, and shall demand that Lessee perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the premises . No such notice shall be deemed a forfeiture or a termination of this lease unless Lessor so elects in this notice. The purpose of the notice requirements set forth in this paragraph is to extend the notice requirements of the unlawful detainer statutes of California. No waiver of Lessor of default by Lessee of any of the terms, covenants or conditions hereof to be performed, kept and observed by Lessee shall be construed to be or act as a waiver by Lessor of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee. 19. Lessor' s Remedies: If Lessee is in default hereof, Lessor shall have the right, at any time thereafter, in accordance with the due process of law, to terminate this Lease and Lessee' s right to possession hereunder and recover damages as specified in Civil Code Section 1951 .2 or to treat the Lease as continuing in effect and seek the remedies specified in Civil Code Section 1951 .2 . Lessor' s remedy herein is not exclusive, but is cumulative and 'in addition to all other remedies in favor of Lessor existing in law, equity or bankruptcy. 20. Hold Harmless and Indemnity: a. Lessor shall not be liable to Lessee and Lessee hereby waives all claims and recourse against Lessor, including the right to contribution, for any loss, 32000L.P% 1110182 -7- 0• injury or damage to any person or property on ,or about the leased premises by or from any cause whatsoever, except claims arising from the negligence of Lessor, its officers, agents and employees. b. Lessee shall .indemnify, hold harmless and defend Lessor, the County of Contra Costa and their respective officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of, either in whole or in part, whether directly or indirectly the organization, development, construction, operation or maintenance of the leased premises, except for liability arising out of the negligence of Lessor, its officers, agents and employees. C. The provisions and agreements in this section are not conditioned or dependent on whether or not Lessor has prepared, supplied, reviewed or approved any plan (s) or specification (s) in connection with the leased premises, its operation or repairs, maintenance or improvements relating thereto, or has insurance or other indemnification covering any of these matters . 21 . Disposition of Abandoned Personal Property: If Lessee abandons the demised premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to Lessee and left on the demised premises forty-five (45) days after such abandonment or dispossession shall be deemed to have been transferred to Lessor. Lessor shall have the right to remove and to dispose of such property without liability therefor to Lessee or to any person claiming under Lessee, and shall not be required to account therefor. 22. Holding Over: In the event Lessee shall continue in possession of the demised premises after the term of this Lease, such possession shall not be considered a renewal of this Lease, but a tenancy from month to month, and shall be governed by the conditions and covenants contained in this lease. 23 . Invalid Provision - Severability: It is expressly understood and agreed by and between the parties hereto that in the event any covenant, condition or provision contained herein is held to be invalid by a court of competent jurisdiction, then invalidity of any such covenant, condition or provision herein contained shall not invalidate any other covenant, condition or provision of this agreement; provided that the invalidity of any such covenant, condition or provision does not materially prejudice either the Lessor or the Lessee in their respective 32000LP50 11101/92 -8- rights and obligations contained in a valid covenants, conditions and provisions in this agreement. 24 . Notices: Any and all notices to be given under this Lease, or otherwise, may be served by enclosing the same in a sealed envelope addressed to the party intended to receive the same, at its address, and deposited in the United States Post Office as certified mail with postage prepaid. When so given such notice shall be effective from the date of the mailing of the same. For the purposes thereof, unless otherwise provided in writing by the parties hereto, the address of the Lessor and the proper party to receive any such notices on its behalf is : Redevelopment Agency of Contra Costa County 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553 Attn: Deputy Director with copies to: Contra Costa County General Services Department Lease Management 1220 Morello Avenue, Suite 200 Martinez, CA 94553 and the address of the : Lessee is : San Francisco Bay"Area Rapid Transit District 800 Madison St. P. 0. Box 12688 Oakland, CA 94604-2688 Attn: Manager of Real Estate or to such other address either party shall hereafter specify by written notice to the other. 25. Time: Time is of the essence of this lease. 26. Binding on Successors . The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto. 27. Utility Construction. Lessor, utilities companies or entities approved by Lessor, including. a Fiberoptics franchisee, shall have the right to enter the demised premises for the ,purpose of installing or replacing underground utilities. Lessor shall or shall cause the utility company or entity to undertake such utility work in a manner which minimizes to the extent feasible the disruptions to Lessee' s operations on the demised 32000LPSO 11101/92 -9- premises and to restore Lessee's improvements to at least the condition they were in prior to commencement of the utility work. 28 . Trail. Lessee shall permit pedestrian and bicycle traffic to cross the premises from the north to the south and from the south to the north. Lessor may enter the premises for the purpose of installing markings and signs on the premises to indicate the trail that should be taken by pedestrian and bicycle traffic through the premises. Such markings and signs shall be installed at the sole cost of the Lessor including any paving costs necessary to accomplish markings on the premises. Any such markings and signs shall be installed in a manner that does not eliminate parking spaces on the premises and pursuant to a plan approved by Lessee which approval shall not be unreasonably withheld. 29. State of Title. Lessee understands and agrees that its interest in the demised premises pursuant to this Lease is subject and subordinate to all liens, encumbrances, easements or clouds on title of record as of the effective date of this Lease and to all rights to use or occupy the demised premises that would be apparent from inspection of the demised premises. LESSOR LESSEE CONTRA COSTA COUNTY BAY AREA RAPID TRANSIT REDEVELOPMENT AGENCY, DISTRICT, a political a political subdivision of subdivision of the State the State of California of California By: J �� �1 T By: �+, ! � Z--lv� A Its: / c�zyo? 12ccrfc! Its: .0 rt ,tCc�z4" „10„ 32000t-PW -10- Southern Pacific Travel Corridor BARTD Lease Parcel No. 1 APNs 148-180-047, 048 & 049 EXHIBIT W Real property in Rancho Las Juntas, Contra Costa County, California, being all of those parcels of land described in the deeds to Contra Costa County Redevelopment Agency recorded November 8, 1985 in Volume 12606 at page 19 and recorded May 30, 1986 in Volume 12911 at page 846, Official Records of said County, more particularly described as follows: A strip of land one hundred feet in width, the centerline of which is described as follows: Beginning on the located line of the San Ramon Branch of Southern Pacific Railroad Company's railroad at or near Survey Station 397 + 87 on the north line of that parcel of land granted by Charles E. Haseltine to Southern Pacific Railroad Company dated September 11, 1890 and recorded in Book 60 of Deeds at page 119; thence from the Point of Beginning, along said located line, southerly 1,137 feet, to the south line of said Railroad Company parcel (60 D 119) at or near Survey Station 409 + 24. Containing an area of 113,700 square feet (2.610 acres) of land, more or less. r LH:jig c\ex:BARTD.l.p1 9/24/92 Southern Pacific Travel Corridor BARTD lease Parcel No. 2 Ptn. APN 148-221-016 EXHIBIT HK Real property in Rancho Las Juntas, Contra Costa County, California, described as Parcel No. 13 . in the deed from Southern Pacific Transportation Company, a Delaware Corporation, to Contra Costa County Redevelopment Agency recorded December 28, 1984, in Book 12123 of Official Records at page 961, being all of that real property described in the deed from Eli R. Chase to Southern Pacific Raflroad Company recorded July 20, 1891 in Book 60 of Deeds at page 216, described as follows: A strip or tract of land 100 feet wide lying equally on each side of the located line of the San Ramon Branch of Southern Pacific Railroad, beginning at a point on the center line of said railroad where it intersects the northerly boundary line of land formerly owned by Eli R. Chase at or near Survey Station 409+24 of said center line; thence along said center line, southerly 1,327 feet, more or less, to the southerly boundary line of land formerly owned by Eli R. Chase at or near Survey Station 422+51. EXCLUDED THEREFROM: Those portions of Treat Boulevard and Jones Road lying within said 100 feet wide strip of land and described as follows: Commencing at a standard street monument marking an angle point on the centerline of Treat Boulevard that bears along said centerline, north 89033'53" west 775.15 feet, from another street monument, as shown on the Record of Survey filed April 17, 1985 in Book 76 of Licensed Surveyors' Maps at page 46; thence along said centerline, south 89°33'53" east 78.09 feet, to the Point of Beginning on the west line of said Parcel No. 13 (12123 O.R. 961); thence from the Point of Beginning, along said west line, north 804437' east 824.28 feet, to the eastern right-of-way line of Jones Road, being a non-tangent curve concave to the southwest having a radius of 164.50 feet to which a radial bears north 48°10'58" east, thence along said eastern right-of-way line of Jones Road as follows: (1) along the arc of said curve, southeasterly and southerly 145.16 feet, through a central angle of 50033'39".(2) south 8044'37' west 552.50 feet to a curve concave to the east having a radius of 70.00 feet, and (3) along the arc of said curve, southerly and southeasterly 66.26 feet, through a central angle of 54°14'02", to the north right-of-way line of Treat Boulevard; thence along said north line, south 89055'52" east 11.04 feet, to the east line of said Parcel No. 13 (12123 O.R. 961); thence along said east line, south 8044'37' west 75.00 feet, to the centerline of Treat Boulevard; thence along said centerline, north 89°33'53"west 101.06 feet,to the Point of Beginning. The above described parcel, excluding those portions of Treat Boulevard and Jones Road, contains an area of 84,609 square feet (1.942 acres) of land, more or less Bearings are based on the California Coordinate System Zone III (C.C.S. 27). LH:ilg c\ex:BARTD.lp2 9/24/92 Oo ' eta � � � m`� •+; ' `�' ... � r a -- - N �`` C G O tQ •r •en p19 ,� ,tom ti cp ?fl c t N e BI 30 ' � Ia � N aa• � \ 2 a tem Ir•. � �, � �.r Q � -� _ � 'e � � Lin ; i ` V VNTS � ' a � w O 10 j. S pcsa �w •^ _ F. K Ki y v \` •'14 0 N 4d� rr � ,'•��' O 1 \\ Q IDP- IN � N_ � � G \ ' t31 \\ \\\ \\\ Z Y 06 ` WAYSIDE _ s3rC \\\ \\ t u LN. i0 * � � •i s' COGG{NS CIR1V . -- ;z;:�rx•» "' .:: .z; " ;s.r., ;r..- a,w iant 'x,o,..• :+_..... �-•-.y ,J' �; a n GCGRed'ty. /?IP-cyi Z3 a4c wo Mall we - An a - _ -t ' DELY HOMBRE LANE w ° a Y qs A OT o