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Home My WebLink AboutMINUTES - 10022001 - HA.1 ' �+A HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: October 2, 2001 SUBJECT: APPROVAL OF LICENSE AGREEMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE one year License Agreement by and between the County of Contra Costa and the Housing Authority of the County of Contra Costa and AUTHORIZE the Executive Director of the Housing Authority and the Director of General Services of the County to enter into a one year License Agreement for the use of 987 Rosemary Lane, Oakley, California (CAL 11-12), as stated in the attached License Agreement. II. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATION/BACKGROUND 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 term of this License Agreement shall be for the period commencing October 1, 2001 ending September 30, 2002. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to authorize the Executive Director of the Housing Authority and the Director of General Services of the County to enter into a one year License Agreement the County of Contra Costa, the on-going program would no longer function and this would be a detriment to the development, as well as to the community. CONTINUED ON ATTACHMENT: YES SIGNATURE ' RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 2, 2001 APPROVED AS RECOMMENDED XX OTHER VOTE OF COMMISSIONERS HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED October 2, 2001 John Sweeten, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BJVV& . EPUTY oklysr.board.lease LICENSE, AGREEMENT 987 ROSEMARY LANE, OAKLEY, CA 94561 SENIOR HOT LUNCH PROGRAM This Agreement is effective October 1,2001 by and between CONTRA COSTA COUNTY, hereinafter called "COUNTY", and the HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA, hereinafter called "AUTHORITY". AUTHORITY is the owner of certain real property located at 987 Rosemary Lane, Oakley, California, 94561, hereinafter called "Premises". COUNTY desires to obtain AUTHORITY's permission to continue to use the Premises and AUTHORITY is willing to grant a License to COUNTY to continue to use the Premises upon the terms and conditions contained herein. Now, therefore,the parties agree as follows: 1. Grant of License: Subject to the terms 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 lot. 2. Purpose: COUNTY 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. 3. I=: The term of this Agreement shall be for the period commencing' October 1, 2001 and ending S;ntPmber 30. NO?- The rights granted under this Agreement may be revoked by AUTHORITY at any time upon(30) days notice to COUNTY. 4. egg: As consideration of this Agreement, COUNTY agrees to pay a fee of FIFTY AND NO/100 DOLLAR ($50.00) PER MONTH. The fee shall be payable on the first of each month. 5. Use of Premises: COUNTY's use of Premises shall be limited to programs either run by the COUNTY directly or by contractors of the COUNTY. COUNTY does not have the right to construct any improvements or fixtures on the Premises without prior written permission of AUTHORITY. 6. Revocable Use: The rights granted hereunder may be immediately revoked by the AUTHORITY upon a breach of any term of this Agreement and shall be automatically revoked at the end of the term of this License, unless this License is superseded or amended in writing to extend the term. - 1 — SeniorhlotLu nchUcenseAgrmnt.doc • 7. Maintenance and Repairs: 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. D. AUTHORITY shall maintain and repair the heating, ventilating, and air- conditioning systems. E. AUTHORITY shall maintain the parking lot in good order, condition, and repair. F. AUTHORITY shall provide and install, at the direction of the Fire Marshal, the necessary number of A-B-C fire extinguishers for the Premises at no cost to COUNTY. AUTHORITY shall thereafter maintain, repair, and replace said extinguishers. G. COUNTY 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. Holding_Over: Any holding over after the term of this License shall be construed to be a month to month use, subject to terms of this License as far as applicable. 9. Notices: All notices given hereunder shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time: To AUTHORITY: Housing Authority of the County of Contra Costa P.O. Box 2759 Martinez, CA 94553 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553 10. Hold Harmless: COUNTY agrees to indemnify and hold harmless the AUTHORITY from the COUNTY's share of any and all claims, costs, and liability for any damage, injury or death of or to any person or the property of any person arising out of negligent acts, errors or omissions of the COUNTY, its officers or employees. COUNTY shall not - 2— SeniorHotLu nchLicenseAg rmnt.doc be liable in the case of any structural. mechanical or other failure of equipment or buildings owned and maintained by the AUTHORITY or for other liability which is attributable, in whole or in part, to the negligence or willful misconduct of AUTHORITY, which results in damage to any person or property. AUTHORITY agrees to indemnify and hold harmless the COUNTY from the AUTHORITY's share of any and all claims, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent acts, errors or omissions of the AUTHORITY's, its agents or employees. 11. Entire Agreement: 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 HOUSING AUTHORITY OF THE COUNTY OF CONTRA_COSTA COUNTY OF CONTRA COSTA, a political subdivision of the State 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 APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel By Deputy - 3— SeniorHotLunchLicenseAgrmnt.doc