HomeMy WebLinkAboutMINUTES - 10241995 - C9 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 24, 1995
SUBJECT: APPROVAL OF AMENDMENT TO LEASE AND SUBLEASE FOR MAGEE PARK;
APPROVAL OF TOWN OF DANVILLE ACTION ON SUBLEASE OF BUILDING ON
MAGEE PARK PROPERTY TO YMCA, DANVILLE AREA.
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
APPROVE and AUTHORIZE the Director of General Services Department to execute on behalf of the
County and County Service Area R-7A all documents related to the lease with the Contra Costa County
Public Facilities Corporation (PFC) and the sublease between the County and the Town of Danville
(Town); and
APPROVE and CONCUR in the action of the Town with respect to the sublease with the Mount Diablo
Region YMCA for 1029 La Gonda Way, Danville; and AUTHORIZE the Director of General Services
Department to sign said sublease to signify approval.
II. Financial Impact:
There are no rents involved in the lease between the County and the PFC or the sublease between the
County and the Town of Danville.
III. Reasons for Recommendations and Background:
The former Magee Ranch property was purchased with funds provided jointly by the County, for County
Service Area R-7A, and the Town of Danville under the terms of a Joint Powers Agreement approved by
the Board on May 26, 1987. Title is held by the PFC which will provide financing for future park
improvements if requested to do so by the County and the Town. On December 19, 1989, the Board
approved both a ten-year master lease between the County and the PFC and a sublease between the County
and the Town, giving both parties an undivided one-half interest in the lease holder of the use, operation
and maintenance of the property.
Continued on attachment: X yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: D&AAL&, 2.14 J 99SAPPROVED AS RECOMMENDED OTHER
VOIOF SUPERVISORS
✓✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:pe
g:\EngSvc\SpDist\BO\Danvil 24.t10 I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Contact: Skip Epperly,(510)313-2253 Board of Supervisors on the date 8how7L
Orig.Div.: PW(Special Districts)
cc: Auditor-Controller ATTESTED: o 6. e
Accounting PHIL BATCHELOR,Cierk of the f3oarri
County Administrator-Risk Management of Supervisors and County Administrator
County Counsel
General Services-Architectural
Town of Danville
CCCPFC ,Deputy
CAC CSA R-7A
APPROVAL OF AMENDMENT OF LEASE AND SUBLEASE FOR MAGEE PARK, AND APPROVAL
OF TOWN OF DANVILLE ACTION ON SUBLEASE OF BUILDING ON MAGEE PARK TO YMCA
OCTOBER 24, 1995
PAGE TWO
III. Reasons for Recommendations and Background: (Continued)
There are only two years left in the term of the County's leases, and since the proposed sublease to the
YMCA is for five years, it is recommended that the master lease and sublease terms be extended for an
additional ten years. Extension of the term would also extend the obligation for the PFC to finance the
next phase of park improvements if necessary.
Finally, the Joint Powers Agreement requires County approval of any subleases on the park property.
The proposed sublease between the Town and the YMCA will provide income and a compatible tenant
to the park; therefore, approval is recommended.
IV. Consequences of Negative Action:
The YMCA has lost their current lease and will not have quarters after November 1, 1995, unless the
item is approved.
SUBLEASE FOR MAGEE PARK
1. PARTIES: Effective on 0e,7j/kl,.a4 lq�kf , the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California, hereinafter called"County",
as sublessor and the TOWN OF DANVILLE, a general law city of the State of
California, hereinafter called "TOWN", as sublessee, mutually agree and promise as
follows:
2. PURPOSE: COUNTY, on behalf of COUNTY SERVICE AREA R7A, TOWN, and
the Contra Costa County Public Facilities Corporation, hereinafter called "PFC", have
entered into the "Agreement Among the Town of Danville, the County of Contra
Costa and Contra Costa County Public Facilities Corporation Relating to the Purchase
of Real Property" dated May 26, 1987 (the "Agreement"), to provide for the
acquisition of a parcel of real property by PFC to be used by COUNTY and TOWN
for public parks, open space and recreational purposes. Pursuant to the Agreement,
COUNTY and TOWN transferred funds to PFC to be applied by PFC for the purchase
of such real property. COUNTY and TOWN have entered into a Joint Powers
Agreement (the "JPA") dated May 26, 1987 which established a Joint,Planning and
Operations Committee (the "JPO") and contained provisions for the maintenance,
operation and development of the proposed Magee Park on said real property;
The PFC and the Trust for Public Land, a nonprofit California public benefit
corporation, entered into a Purchase Agreement dated June 2, 1987 (the "Purchase
Agreement"), pursuant to which PFC purchased such real Property;
Pursuant to the Agreement, PFC and COUNTY have entered into the Lease
for Magee Park dated December 19, 1989 (the "Lease"), as amended October 24,
1995, with the provision that COUNTY shall have the right to sublease an undivided
one-half interest in such real property to TOWN for use for any lawful to purpose.
COUNTY and TOWN, therefore, wish to enter into this sublease to
finalize the intent of the Agreement and the JPA for each party to each hold rights to
an undivided one-half interest in Magee Park.
3. LEASE OF PREMISES: In consideration for the performance of the terms and
conditions contained herein, COUNTY hereby leases to TOWN and TOWN leases
from COUNTY an undivided one-half interest in those certain premises (hereinafter
called the "Demised Premises"), commonly known as Magee Park, situated in the
County of Contra Costa, State of California, and described in Exhibit "A" attached
hereto and made a part hereof.
4. TERM: The term of this sublease shall be eleven (11) years and nine (9) months
commencing October 1, 1995 and ending June 30, 1997.
5. USE: TOWN shall use the Demised Premises for any lawful purpose, including but
not limited to public park, open space and recreational purposes in accordance with the
JPA.
6. ASSIGNMENTS AND SUBLEASES: TOWN shall not have the right to sublease or
assign its rights under this sublease without approval of the JPO and written consent of
COUNTY excepting TOWN shall have the right to enter into month to month
agreements for the use of the Demised Premises, any portion thereof, or any
improvements thereon. All revenues derived from such agreements shall be deposited
in the Magee Park Account as required under the terms of the JPA.
7. HOLDING OVER: Any holding over after the term of this sublease as provided
hereinabove shall be construed to be a tenancy from month to month, subject to the
terms of this sublease so far as applicable.
8. HOLD HARMLESS: Each party to this sublease shall defend, indemnify, save and
hold harmless the other party and the PFC, their boards or councils, officers, agents and
employees from any and all claims, demands, suits, costs, expenses and liability for any
damages, injury, sickness or death, including liability for inverse condemnation,
nuisance or trespass, arising directly or indirectly from, or in any way connected with,
the design construction, installation, inspection, operation, maintenance or repair of the
Demised Premises or its facilities except as provided in this section, The parties shall
share equally the defense costs, expenses and liability for any claims or suits for
damages (including liability for inverse condemnation, nuisance or trespass), injury,
sickness or death in any way connected with the Demises Premises or its development,
except for liability arising through the sole active negligence or willful misconduct of
one of the parties, its officers or employees, and that party shall make good to and
reimburse the other for any expenditures, including reasonable attorneys' fees, the
other party may make by reason of such matters.
Nothing in this section is intended to effect the legal liability of any party to
third parties by imposing a standard of care different from the standard of care imposed
by law.
9. DEFAULT: In the event TOWN shall be in default in the performance of any
obligation on its part to be performed under the terms of this sublease, which default
continues for thirty (30) days following receipt of written notice and demand for
correction thereof to TOWN, COUNTY may exercise any and all remedies granted by
law.
10. QUIET ENJOYMENT: TOWN at all times during the term of this sublease shall
peaceably and quietly have, hold and enjoy its interest in the Demised Premises.
11. INSURANCE:
A. Liability Insurance: COUNTY and TOWN each has its own liability
insurance coverage or self-insurance. Settlement of claims will be determined by
mutual consent of both agencies after initial investigation as provided in the JPA.
SUBLSEPP.DOC 2
B. Property Insurance: TOWN shall provide and maintain fire, vandalism,
malicious mischief and extended coverage insurance in an amount equal to the
replacement cost of any structures located on the Demised Premises, naming PFC and
COUNTY as co-insured. Said property insurance shall be factored annually by
TOWN's broker to maintain adequate coverage in accordance with the insurable value
of said structures. TOWN may bring its obligation to carry the insurance within the
coverage of a so-called blanket policy of policies of insurance carried or maintained by
TOWN, provided, however, the coverage afforded the COUNTY and PFC will not be
reduced or diminished by reason of the use of said blanket policy of insurance, and
provided further that the requirements of this paragraph are otherwise satisfied.
C. Evidence of Insurance: Evidence of insurance shall be provided by
TOWN by filing with COUNTY and PFC a copy of the policy or policies, or a duly
executed certificate to the effect that the insurance required by this sublease is extended
in favor of and consistent with the terms hereinabove set forth. Said policy or policies
or certificates shall contain the provision that written notice of cancellation or of any
material changes shall be delivered to COUNTY and PFC at least thirty (30) days in
advance of the effective date thereof. Evidence shall be provided to the PFC and the
COUNTY at the following address:
Contra Costa County
c/o Lease Manager
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4719
11. MAINTENANCE AND TAXES: As provided in the JPA, TOWN shall provide for
the maintenance of the Demised Premises and the expenses of maintenance, insurance,
taxes, and assessments of any kind or character shall be shared by the parties.
12. TERMINATION: The Lease between COUNTY and PFC provides for termination in
the event PFC obtains financing for the Demised Premises pursuant to the Agreement,
or upon thirty (30) days written notice by COUNTY to PFC in the event the PFC is
unable to obtain said financing. In either event, this sublease shall terminate.
13. PARTIAL INVALIDITY: If any one or more of the terms, provisions, covenants or
conditions of this sublease shall to any extent be declared invalid, unenforceable, void
or voidable for any reason whatsoever by a court of competent jurisdiction, the finding
or order or decree of which becomes final, none of the remaining terms, provisions,
covenants and conditions of this sublease shall be affected thereby, and each provision
of this sublease shall be valid and enforceable to the fullest extent permitted by law.
14. SECTION HEADINGS: All section headings contained herein are for convenience of
reference only and are not intended to define or limit the scope of any provision of this
sublease.
15. EXECUTION: This sublease may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all together shall constitute but one and the
same sublease.
SUBLSEPP.DOC 3
16. IN WITNESS WHEREOF, COUNTY and TOWN have caused this sublease to be
executed by their respective officers thereunto duly authorized, all as of the day and
year first above written.
SUBLESSOR: SUBLESSEE:
COUNTY OF CONTRA COSTA TOWN OF DANVILLE
By: _"&a PAN By: c-` -
Director of General Services Mayor
Attest:
Town Clerk
RECOMMENDED FOR APPROVAL
By:
Deputy C unty Administrator
By: �
Lease anager
Approved as to Form: Approved as to Form:
Victo e an, Count Counsel
y: By:
ty ty Counsel Town Attorney
SUBLSEPP.DOC 4
' EXHIBIT "A"
Those parcels of land in the City of Danville, County of
Contra Costa, State of California, described as follows :
PARCEL ONE
Lots 55 and 56 , map of Rancho El Rio, filed March 24, 1910, Map
Book 2, page 48, Contra Costa County records.
EXCEPTING FROM PARCEL ONE:
1- As to Lot 55 : The interest conveyed to Contra Costa County
by deed recorded June 14, 1944, Book 760, Official Records, page 359 .
2- As to Lot 55 : That portion thereof described in the deed to
Karry H. Magee, Jr. , et ux, recorded February 16, 1961, Book 3806,
Official Records, page 199.
3- That portion thereof described as Parcel One in the deed to
State of California, recorded September 21, 1962, Book 4207, Official
Records, page 391.
4- As to Lot 55 : That portion thereof described as Parcel One
in the deed to Harry H. Magee, et ux, recorded August 24, 1967, Book
5439, Official Records , page 450.
PARCEL TWO
Portion of Lot 55, map of Rancho El Rio, filed March 24, 1910,
Nap Book 2, page 48, Contra Costa County records, described as follows :
From a point in the center line of the road designated on said
map as El Monte, at the most eastern corner of said Lot 55; thence
from said point of commencement north 200 43' West along said center
line 125.25 feet ; thence leaving said center line north 680 32' west
26.98 feet; thence westerly 61.77 Peet along the are of a curve concave
to the south, tangent to the last-mentioned course, said curve having
a radius of 48.72 feet; thence leaving said curve. 'south 760 �22! 50"
west 36.53-feet; thence north 830 46' 30" west 75.70 feet; thence south
600 151 west 77.92 feet; thence north 630 45' west 94.25 feet to the
actual point of beginning of this description; thence north 630 45t
west 44.5 feet ; thence north 60° 45' west 105. 42 feet; thence north
28° 56 ' east 205 feet; thence south 610 41 east 150 feet; thence south
2$° 561 west 203 feet to the point of beginning.
PARCEL THREE
Portion of Lot 55, map of Rancho EI Rio, filed March 24, 1910,
Map Book 2, page 48, Contra Costa County records, described as
follows :
-1-
Beginning at the most northerly corner of the parcel of land
described in the deed to Harry H. Magee, et ux, recorded February
162 1961, Book 3806, Official Records , page 199; thence from said
point of beginning, along the exterior line of said Magee parcel,
as follows: South 28° 561 west, 205 feet ; south 600 451 east, 105« k2
feet and south 630 45' east, 44.5 feet to the most southerly corner
thereof; thence south 28° 56 ' west, along the direct extension
south 280 56' west of the southeast line of said Magee parcel, 86.38
feet to the southwest line of said Lot 55; thence north 61° 04' west,
along said southwest line, 245. 15 feet , more or less, to a point
which bears south 470 08' 36" west from the point of beginning,
thence north 47° 08' 36" east, 304.90 feet to the point of beginning.
PARCEL FOUR
Right of way created in reference to Parcels Two and Three above
in the deed to Harry H. Magee, et ux, recorded August 24, 1967, Book
5439, Official Records, page 450 , as follows:
"A right of way (not to be exclusive) for use as a roadway for
vehicles of all kinds, pedestrians and animals, for water, gas,
oil and sewer pipe lines, and for telephone, television service,
electric light and power lines, together with the necessary poles
or conduits, as an appurtenance to Parcel One above, and as an
appurtenance to the parcel of land described in the deed to Harry
H. Magee, Jr. , et ux, recorded February 16, 1961, Book 3806, Official
Records, page 199, over a portion of Lot 55, map of Rancho E1 Rio,
filed March 24, 1910, Map Book 2, page 48, Contra Costa County
records, being the "Proposed 20' NON-EXCL. R/W", as designated on
the map of Record of Survey, filed June 2, 1967, Book 48, Licensed
Surveyors Maps, page 15. "
Those parcels of land in the unincorporated area of the County
of Contra Costa, State of California, described as follows :
PARCEL FIVE
Portion of the Rancho San Ramon, described as follows:
Commencing at the point of intersection of the Easterly line of
the County Road between the Towns of Walnut Creek and Danville with the
southerly boundary line of the property known as the "Ford Tract" in the
Rancho San Ramon, said point also being on the northerly boundary line
of that certain parcel of land particularly described in the certain
deed executed August 23, 1927 by Josiah Boucher and Ada Boucher, his
wife, to Fred H. Van, recorded August 24, 1927 in Volume 93 of Official
Records, page 199, records of Contra Costa County, California, thence
from said point of commencement , along the easterly line of said County
Road, North 410 35' west 22.00 feet to the southwesterly corner of that
-2-
certain parcel of land particularly described in that certain deed
executed January 12, 1911 by James C. Jones to Flora Stone Jones,
recorded January 16, 1911 in Volume 160 of Deeds, page 340, records
of said County; thence, along the southeasterly boundary of said parcel
of land, North 47" 30' east, parallel to the southerly boundary of said
"Ford Tract% 9.42 chains, more or less, to the center of San Ramon
Creek, said point being in the southwesterly boundary of that certain
191.13 acre tract of land particularly described in that certain deed
executed December 5, 1899 by Bank of Martinez, a corporation to
George Van Gorden, recorded January 16, 1900 in Volume 84 of Deeds,
page 108, records of said County; thence up the center of said creek,
following the southwesterly boundary of said 191.13 acre tract,
southeasterly, to the southerly boundary of said "Ford Tract", said
point being the most northerly corner of said parcel of land now or
formerly of Fred H. Van, first hereinbefore referred to; thence,
along the southerly line of said "Ford Tract" and along the northerly
line of said lands now or formerly of Van, to the point of commencement.
PARCEL SIX
Portion of Lot 1, map of Hemme Subdivision, filed March 4, 1895,
Map Book C, page 71, Contra Costa County records, described as
follows :
Beginning in the center line of San Ramon Creek, at the most
southerly corner of the parcel of land described as Parcel One in
the deed to H. & J. Co. , recorded February 21, 1951, Book 1719,
Official Records, page 353; thence from said point of beginning
north 470 45 ' east , along the southeast line of said H. & J. Co. parcel,
to the southwest Line of the parcel of landdescribed as Parcel One
in the deed to State of California, recorded September 20 ,
1962, Book 4206, Official Records, page 354; thence along said
southwest line as follows : North 50° 57' 28" west, 339.09 feet;
north 410 46' 17" west , 459 .98 feet and north 45° 31' 45" west,
289.98 feet to the southeast line of the 6 acre parcel of land
described in the deed to Jennie V. Minor, recorded November 6, 1915,
Book 257, Deeds, page 114; thence south 280 30' west, along said
southeast line, to the center line of said San Ramon Creek; thence
along said center line to the point of beginning.
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