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Home My WebLink AboutMINUTES - 10121999 - SD3 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwJa#,Executive Director BATE: October 12, 1999 SUBJECT: APPROVAL OF LICENSE AGREEETMENT BETWEEN THE COUNTY OF CONTRA COSTA ANTI)THE DOUSING AUTHORITY OF THE COUNTY€ F CONTRA COSTA SPECIFIC REQUEST(S)OR REC€M ENDATION(S)&BACKGROL'ND ANIS JuSTIFICATION I. RECOMMENDED ACTION: APPROVE one year License Agreement by and between the County of Contra Costa and the Reusing Authority of the County of Contra.Costa and AUTHORIZE the Executive Director of the Housing Authority to eater into a one year License Agreement with the County of Contra Costa for the use of 987 Rosemary Lane,Oakley, California(CAL I Iw12), as stated in the attached License Agreement. if. FINANCIAL,IMPACT. None, III. REASONS FORC€ MM:-;i DATION/B CKGRObr�D The County of Contra Costa has been using 987 Rosemary Lane(CAL 11-12), Oakley, CA, as nutrition site for senior citizens housed in the elderly complex and for seniors in the surrounding area. The tern of this License Agreement shall be for the period commencing August 1, 1999 and ending July 31, 2000. IST, CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to authorize the Acting Executive Director to eater into a one year License Agreement the County of Contra Costa,the on-going program would no longer f netion and this would be a detrim ent to the developrnent, as well as to the community. CONTINUED ON ATTACHMENT: 'YES SIGNA"I`uRE RECOT-M,%€ENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION,IO OF BOARD COMMITTEE YS'�IIy'PROV'E OTHERSt�.SNt'9..d i..i s�E(S): ACTION OF BOARD ON 194 APPROVED AS REC6)MMENDIZED VOTE OF COMMITSSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TWUE ANIS CORRECT COPY OF AN AYES: NOES: ACTION TAKEN ANIS ENTERED ON, THE ABSENT: ABSTAIN: MIN ICES OF THE BOARD O COMMISSIONERS ON THE DATE SHOWN. ATTESTED - �BATCIRELOR�, I_ERWKOF PHI TFE,BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY 3EPUTY oklysnboard.€ease E ENI 987 ROSEMARY LANE, OAKLEY, CA 94561 SENIOR HOT LUNCH PROGRAM This Agreement is effective gUj � � by aid bety ee ' TSTA COUNTY, hercinafter called "COUNTY", and CONTRA COSTA COUNTY HOUSING AUT RITC, hereinafter called. "AUTHORITY". AUTHORITY is the owner of eertaiti. real property located at 987 Rosemary Lane, Oakley, California, 94561, hereafter galled "Premises". COUNTY desires to obtain A T }RITY's perinlssion to continue to use the Premises and AUTHORITY is willing to grant a license to COUNT'S' to continue to use the Premises upon the terms and conditions contained herein. Now,therefore, the parties agree as follows: 1. .�ee s o Subject€ the tees and conditions of this Agreement, AUTHORITY hereby grants to COUNTY, a nonexclusive, revocable license to enter the Premises, and for COUNTY and its invitees to use the associated parking let, 2-0 Rurpaw Cf U;',NTY shall use the premises Mondays through Fridays , from 10.00 a.m. to 2:00 p,m. for provision of a Senior Nutrition Congregate Meals Program(Hot Lunch Program). Meals shall be prepared off site. Use of the site shall be limited to heating and serving of meals. 1 ; The term. of this Agreement shall be for the period commencing August 1, 1999 and ending July 31, 2000. The rights granted under this Agreement may be revolved by AUTHORITY at any time upon thirty(30) days notice to COTUNITY. 46 s As consideration of this Agreement, COUNTY agrees to gay a fee of FIFTY AND NO/10DOLLAR($50.00)PER MON-T . sees for the period of August 1,1999 through October 31, i 99 shall be paid no later than. October 31, 1999. Subject to the foregoing, the fee shall be payable on the first of each month. 5. `i Q e COI, TY's use of premises shall be limited to programs either run by the COUNTY Y directly or by contractors of the COUNTY. COUNTY does not have the right to construct any improvements or fixtures on the premises without the prior written permission of AUT1-IOR!TY. 6. The rights granted hereunder may be itrrediately re��oked by the AUTHORITY upon a breach of any term of this agreement and shah be automatically revolved at the end of the term of this License, unless this License is superseded or o:\Le$seNet\cARou\senioxLunchLicense.dcc �10 amended in writing to extend the term. 7. Nit ar ; A. AUTHORITY shall keep the roof and exterior of the building in good order, condition, and repair and shall maintain the structural integrity of the building. B. AUTHORITY shall keep and maintain the interior of the premises in good order, condition, and repair. C. AUTHORITY shall repair and maintain the electrical, lighting,water, and plumbing systems in good order,condition, and repair. Da AUTHORITY shall maintain and repair the`-heating,ventilating,and air-conditioning systems. & AUTHORITY shall maintain the parking lot in good order, condition, and repair. F. AUTHORITY shall provide and install, at the direction of the 17-re Marshal, the necessary number of A-B-C fire extinguishers for the premises at no cost to COUNTY. AUTHOPUTY shall thereafter maintain, repair, and replace said extin- guishers. G. COQ TY shall not suffer any waste on or to the premises. H. AUTHORITY shall be responsible for the correction of any code violations which may exist in the premises, 8. HDJding-Qvcr: Any holding over after the tens of this License shall be construed to be a month to month use, subject to terms of this License as far as applicable. 9. Nat=' : A11 notices given hereunder shall be in writing and shall be deemed to have been g: sen if personally delivered or deposited in the United States mail postage prepaid,certi- fied or registered,return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to t"me: To Authority Contra Costa County Housing Authority P.O. Box 2759 Martinez, CA 94553 To County: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Site 100 Martinez, CA 94553 10. ars rasa COUNTY agrees to indemnify and hold h&-mless the AUTHORITY from the CO"U'N'FY's share of any and all claims, costs, and liability for any damage, injury or death offor to any person or the property of any person arising out of negligent acts, errors o.�omissions of the COL TY, its officers or employees. COUNTY shall not be liable in the case of any structural, G:\LeaseMgt\CAROL\Sen4-orLunchLicense.doc -2- mechanical or other failure of equipment or buildings owned and maintained by the AUTHORITY or L-r other liability which is attributable, in whole or in part,to the negligence or willf l misconduct of AUTHORITY,Y, which results in damage to any person or property. AUTHORITY agrees to indemnify and hold harmless the COUNTY from the UT ORITY's share of any and all claims, assts and liability for any damages, iniury or death of any person orthe property of any person arising out of the negligent acts, er ors or omissions of the AUT ORITY's, its agents or employees. 11. EndLg AgreemeU : This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No alteration or variation of this Agreement shall be valid or binding unless made in writing and signed by the parties hereto. COUNTY C-QN- RA OS'FA IMS Cis QTY OF CONTRA COST A, a political subdivision of the Mate of California By By Director of General Services Executive Director RECOMMENDED FOR APPROVAL: By Director, Capital -Facilities & Debt Management By Deputy General Services Director By Lease Manager PROVED AS TO FOS o VICTOR J. ES'IMA , County Counsel By Deputy .t C!\LeaseMgt\CAROL\SeniorL:aa:o£:License.doc -3-