HomeMy WebLinkAboutMINUTES - 10162001 - C.106 s TC` BOARD OF SUPERVISORS
1*
FROM: Barton J. Gilbert, Director of General Services =' G Contra
h4.
Costa
DATE: October 16, 2001 -"
- .4 County
SUBJECT: NEW LEASE - 2450 GRANT STREET, CONCORD BLDG. NO. 621
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a ground lease, commencing September 1, 2001 with Mt. Diablo Unified School
District, for 2450 Grant Street, Concord, for placement of a modular building for the Health
Services Department, under the terms and conditions more particularly set forth in said Lease,
and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the
County.
DETERMINE that the above project is not subject to the California Environmental Quality Act
pursuant to Article 5, Section 15061(b) (3) of the CEQA guidelines.
DIRECT the Director of Community Development Department to FILE a Notice of Exemption
with the County Clerk.
DIRECT the Director of General Services to arrange for the payment of appropriate fees to the
County Clerk and the Community Development Department for filing the Notice of Exemption.
II. FINANCIAL IMPACT
All costs for this lease will be reimbursed by FamiliesFirst, Inc., the service provider occupying
the premises.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The ground lease is for an existing modular building previously owned by FamiliesFirst, Inc. on
property owned by the Mt. Diablo Unified School District. The County assumed title of the
modular building and will sublease the building to FamiliesFirst, Inc., a service provider for the
Health Services Department for mental health counseling services.
C I*TA4d99 ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
--'APPROVE OTHER
SIGNATURE(S): +,
ACTION OF BOARD P7C�tC)/1'E.iP fG, IJCI� APPROVED AS RECOMMENDED�.4�HEiF
VOTE OF SUPERVISORS
T UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
CAND CORRECT COPY OF AN ACTION TAKEN
County Auditor-Controller(via UM)
MDHS via UM AND ENTERED ON THE MINUTES OF THE BOARD
( ) OF SUPERVISO ON THE ATE SHOWN.
Health Services Department(via L/M)
Orig: General Services Department-L/M ATTESTED / n
JOHN SWEETEN,CLERK OF HE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
I:\LeaseMgt\CBEAR\2-Central County\_Concord\2450 Grant Street\Board Order MDUSD Lease.doc
GENERAL SERVICES DEPARTMENT
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: October 3, 2001
TO: John Sweeten, County Administrator 6*R"d—
FROM:
"arton J. Gilbert, Director of General Services
SUBJECT: (10-16-2001) Agenda: New Lease—2450 Grant Street, Concord Bldg. 621
A new ground lease has been negotiated as follows:
OCCUPANT: Health Services Department, subleased to FamiliesFirst, Inc.
TERM: 1 year 10 months commencing May 1, 2001
RENT: $1.00 per year, plus $100 per month for utilities & services
OPTION: Automatic year to year renewal for 5 years
CANCELLATION: mutual 90 days
RENEWAL: No SQUARE FEET: 960 SPACE TYPE: Ground lease
COUNTY RESPONSIBILITY: Keep premises clean
ADDRESS: 2450 Grant Street, Concord
CGB:tb
cc: General Services Department
Carol Chan
Terry Mann
Risk Management
Jim Campbell,Mt.Diablo Unified School District
lAI-caseMgt\CI3L-AR\2-Central County\_Concord\2450 Grant Street\Agen Info Sht MDUSD Lease.doc
TO: BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Contra
Costa
DATE: October 16, 2001 -
County
SUBJECT: NEW LEASE - 2450 GRANT STREET, CONCORD BLDG. NO. 621
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION ,
APPROVE a ground lease, commencing September 1, 2001 with Mt. Diablo Unified School
District, for 2450 Grant Street, Concord, for placement of a modular building for the Health
Services Department, under the terms and conditions more particularly set forth in said Lease,
and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the
County.
DETERMINE that the above project is not subject to the California Environmental Quality Act
pursuant to Article 5, Section 15061(b) (3) of the CEQA guidelines.
DIRECT the Director of Community Development Department to FILE a Notice of Exemption
with the County Clerk.
DIRECT the Director of General Services to arrange for the payment of appropriate fees to the
County Clerk and the Community Development Department for filing the Notice of Exemption.
II. FINANCIAL IMPACT
All costs for this lease will be reimbursed by FamiliesFirst, Inc., the service provider occupying
the premises.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
The ground lease is for an existing modular building previously owned by FamiliesFirst, Inc. on
property owned by the Mt. Diablo Unified School District. The County assumed title of the
modular building and will sublease the building to FamiliesFirst, Inc., a service provider for the
Health Services Department for mental health counseling services.
C64T+W46D ON ATTACHMENT: ✓YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD P ('7e' ZZ__,f' / �GC3� APPROVED AS RECOMMENDED E�
VOTE OF SUPERVISORS
T UNANIMOUS(ABSENT -/ I•''Y � )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
County Auditor-Controller(via UM) AND ENTERED ON THE MINUTES OF THE BOARD
MDHS(via UM) OF SUPERVISO ON THE ATE SHOWN.
Health Services rDepartment(via UM)
Orig: General Services Departmer:t-UM ATTESTED.
JOHN S\,%rEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY /I/1� - ��� DEPUTY
I:\LeaseMgt\CBEAR\2-Central County\_Concord\2450 Grant Street\Board Order MDUSD Lease.doc
%+ GENERAL SERVICES DEPARTMENT
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: October 3, 2001
TO: John Sweeten, County Administrator
FROM: 11t.Barton J. Gilbert, Director of General Services
SUBJECT: (10-16-2001) A en a: New Lease—2450 Grant Street, Concord Bldg. 621
A new ground lease has been negotiated as follows:
OCCUPANT: Health Services Department, subleased to FamiliesFirst, Inc.
TERM: 1 year 10 months commencing May 1, 2001
RENT: $1.00 per year, plus $100 per month for utilities & services
OPTION: Automatic year to year renewal for 5 years
CANCELLATION: mutual 90 days
RENEWAL: No SQUARE FEET: 960 SPACE TYPE: Ground lease
COUNTY RESPONSIBILITY: Keep premises clean
ADDRESS: 2450 Grant Street, Concord
CGB:tb
cc: General Services Department
Carol Chan
Terry Mann
Risk Management
Jim Campbell,Mt.Diablo Unified School District
l:',1LeaseMgt\Cl3EAR\2-Central County\_Concord\2450 Grant Street\Agen Info Sht MDUSD Lease.doc
REAL PROPERTY LEASE AGREEMENT
THIS REAL PROPERTY LEASE AGREEMENT is made and entered into this
first day of September, 2001,by and between the MT. DIABLO UNIFIED SCHOOL
DISTRICT OF CONTRA COSTA COUNTY, a public school district, hereinafter
referred to as Lessor, and the COUNTY OF CONTRA COSTA, a political subdivision
of the State of California, hereinafter referred to as Lessee.
LESSOR is owner of that certain real property known as Mt. Diablo High School,
located at 2450 Grant Street, Concord, County of Contra Costa, State of California,
hereinafter referred to as the PREMISES, together with rights of ingress, egress, use of
restroom facilities, and non-exclusive parking.
LESSOR and LESSEE agree as follows:
1. LEASE OF PREMISES. LESSOR hereby leases to LESSEE and LESSEE
hereby leases from LESSOR the land space in the size, to the extent and in the location
designated by LESSOR in the attached site drawing, which is incorporated as Exhibit A to
this agreement, namely a parcel of land consisting of approximately 960 square feet located
within the grounds of Mt. Diablo High School.
2. PURPOSE OF LEASE. The purpose of this Lease is for LESSOR to provide
LESSEE the use of the PREMISES for placement of a relocatable building from which it
will provide mental health services through a contract with a service provider. The building
is owned by and under the control of the LESSEE. LESSEE agrees that no statements,
representations, or warranties, expressed or implied, have been made by or on behalf of
LESSOR in respect to the PREMISES except as contained in the provisions of this Lease,
and LESSOR shall in no event be liable for any latent defects.
3. TERM. The term of this Lease shall be for one (1) years and ten (10)
months,beginning on the first day of September, 2001, and ending on the last day of June,
2003.
4. RENEWAL. The Lease will be automatically renewed on a yearly basis for
a period of five(5) years, commencing on July 1, 2002, unless terminated by either party. If
either party chooses not to renew the Lease, that party shall provide ninety (90) days written
notice to the other party in advance of the yearly renewal date.
5. RENT. In consideration for the lease of this property, LESSEE shall pay
LESSOR rent of One Dollar ($1) for the term of this lease and One Dollar ($1) per year for
each year the lease is renewed, payable on or before July 1 of each year.
6. PERMITTED USE. LESSEE shall use the PREMISES solely for the
purpose of conducting mental health services, which shall be operated by the LESSEE or
another provider under contract with the LESSEE. LESSEE agrees to maintain the facility
owned by LESSEE and located on the PREMISES in a manner that meets all state and local
regulations relating to the construction of the facility and operation and licensing of the
program operated by LESSEE, and to comply with all federal, state or local regulations or
ordinances, now or hereafter enacted concerning the PREMISES. The execution of this
Lease shall be subject to the LESSEE obtaining any and all permits or approvals that may be
required in order for the LESSEE to operate its programs on the PREMISES. The
PREMISES shall not be used or permitted to be used in whole or in part during the term of
this Lease for any purpose or use in violation of the laws or ordinances applicable thereto.
Smoking is prohibited on all school district property.
7. ALTERATIONS. LESSOR and LESSEE have agreed to the placement of
the relocatable building in consideration of traffic flow, accessibility for emergency
equipment to adjacent structures as well as restoration or repair of damages caused by the
installation effort. LESSEE shall not make any alterations to the PREMISES without first
obtaining the written consent of the LESSOR. Any additions to or alterations of the
PREMISES, except moveable equipment, furniture and fixtures shall become at once a part
of the PREMISES. Movable equipment, furniture and fixtures shall include the relocatable
building. Any alterations approved by LESSOR shall be made at no expense to LESSOR.
8. COOPERATION WITH OTHER OCCUPANTS OF THE PROPERTY. It is
understood and recognized by LESSEE that the property, of which the PREMISES is a part,
will be used by other parties, including LESSOR, and LESSEE shall make reasonable efforts
to cooperate with the other parties in reaching amicable arrangements concerning such
matters as use of the parking areas, playgrounds, policing of common areas, custodial
services, and security measures.
9. INSTALLATION AND SURRENDER OF RELOCATABLE BUILDING.
LESSOR acknowledges that the building has been installed on the PREMISES. LESSEE
agrees that said relocatable building and all trade fixtures, equipment and appliances will be
removed without any damage to the PREMISES. In the event any damage, as determined by
the LESSOR, is caused by LESSEE or its agents or employees in the installation or removal
of said building, trade fixtures, equipment and appliances, LESSEE agrees to immediately
repair the said damage at its sole cost and expense. In the event LESSEE fails to remove said
relocatable building and all trade fixtures, equipment and appliances or to immediately repair
said damage, LESSOR may enter the PREMISES and take such actions as it deems necessary
in its sole discretion to effect the removal and repair permitted by this Lease. LESSEE shall
pay all costs of removal and repair within thirty (30) days of notice from LESSOR.
10. DESTRUCTION OF THE RELOCATABLE BUILDING. In the event of a
total destruction of the relocatable building, LESSEE may terminate this Lease after thirty
(30) days written notice to LESSOR, but LESSEE shall be and remain responsible for
removal of the relocatable building from the PREMISES.
11. DAMAGE TO PERSONAL PROPERTY. LESSOR shall not be responsible
for damage to or loss of personal property of LESSEE or LESSEE's employees stored or used
on the PREMISES.
12. UTILITIES EXPENSE AND TAXES. All necessary modifications to the
utilities shall be at no expense to LESSOR. LESSEE shall pay to LESSOR TWENTY FIVE
HUNDRED AND NO/100 DOLLARS for the period from September 1, 1999 through
September 30, 2001 and thereafter$100.00 per month for all power, water, gas, sewer and
trash collection services supplied to the PREMISES. Costs will be reviewed and may be
revised annually. LESSEE shall pay for all telephone connections and services. LESSEE shall
pay all taxes, including personal property taxes, possessory interest fees or other assessments
and charges attributable to the lease of the PREMISES. All payments shall be due in advance
on the tenth day of each month during the term of this Lease and shall be mailed to:
MT. DIABLO UNIFIED SCHOOL DISTRICT
1936 Carlotta Drive
Concord, CA 94519-1397
13. JANITORIAL SERVICE, MAINTENANCE AND REPAIRS. LESSEE shall
provide basic janitorial services to the relocatable building and surrounding PREMISES and
shall also keep and maintain the relocatable building and every portion thereof in good order,
condition and repair.
14. MAINTENANCE OF PREMISES. LESSEE shall maintain the PREMISES at
all times in good condition and repair at no expense to LESSOR and upon termination of this
Lease, shall surrender them to LESSOR in as good order and condition as the same were at
the commencement of the term of this Lease, except for the grading, foundation work and
other site modification which LESSOR accepts as permanent improvements to its property
and except for reasonable wear and tear, damage from the elements, fire and acts of God.
Lessee shall not suffer any waste on or to the demised PREMISES.
15. INDEMNIFICATION. LESSEE shall indemnify, defend and hold harmless
LESSOR, its trustees, employees, directors and agents from and against any and all claims,
suits, verdicts,judgments, costs and liability of any nature or kind, including attorney's fees,
arising from or in any way connected with the conduct of LESSEE's business or operations or
from any activity, work or things done, permitted or suffered by LESSEE, its officers, agents,
contractors, or employees in or about the PREMISES or elsewhere, including for any
damages, injury or death of or to any person or the property of any person; and from and
against any and all claims, costs and liability, including attorney's fees, arising from a breach
or default in the performance of any obligation on LESSEE's part to be performed under the
terms of this Lease or arising from any negligence of LESSEE and from any and all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action
or proceeding brought thereon.
16. INDEMNIFICATION. LESSOR shall indemnify, defend and hold harmless
LESSEE, its Board of Supervisors, employees, directors and agents from and against any and
all claims, suits, verdicts,judgments, costs and liability of any nature or kind, including
attorney's fees, arising from or in any way connected with the conduct of LESSOR'S business
or operations or from any activity, work or things done, permitted or suffered by LESSOR, its
officers, agents, contractors, or employees in or about the PREMISES or elsewhere, including
for any damages, injury or death of or to any person or the property of any person; and from
and against any and all claims, costs, and liability, including attorney's fees, arising from a
breach or default in the performance of any obligation on LESSOR's part to be performed
under the terms of this Lease or arising from any negligence of LESSOR and from any and all
costs, attorney's fees, expenses, and liabilities incurred in the defense of any such claim or any
action or proceeding brought thereon.
17. LIABILITY INSURANCE. The parties recognize that LESSEE is self-insured
for public liability and property damage exposure and that LESSEE shall provide a Letter of
Self Insurance covering the term of this Lease and certifying that LESSEE has reserves or
retention in excess of One Million Dollars ($1,000,000). It is understood and agreed that if
LESSEE shall terminate its self insurance program, then LESSEE shall, at LESSEE's
expense, obtain and keep in force during the term of the Lease, a policy of liability insurance
for bodily injury, personal injury,property damage, and all risk legal liability coverage in the
amount of not less than One Million Dollars ($1,000,000); insuring LESSEE and LESSOR,
their trustees, supervisors, employees, directors, and agents against any liability arising out of
ownership, use, occupancy, operation or maintenance of the PREMISES. LESSEE shall
provide LESSOR, as evidence of this required coverage, a certificate in a form satisfactory to
LESSOR on or before renewal date, naming LESSOR as an "Additional Insured," providing
that insurance coverage shall not be canceled or reduced without thirty (30) days prior written
notice to LESSOR. LESSOR's liability coverage shall be in excess of the coverage provided
by LESSEE and shall not be contributory to LESSEE's insurance.
18. ACCESS. LESSEE shall permit LESSOR and its agents to enter into and upon
the PREMISES at all reasonable times for the purpose of inspecting the same or for the
purpose of making repairs, alterations, or additions to the PREMISES or any other portion of
the property containing the PREMISES, or for any other purpose incidental to the rights of
LESSOR.
19. QUIET ENJOYMENT. LESSOR covenants that LESSEE shall at all times
during the term peaceably and quietly have, hold, and enjoy the demised PREMISES without
suit, trouble or hindrance from or on account of LESSOR as long as LESSEE fully performs
hereunder.
20. CANCELLATION. In the event of loss of funding for the mental health
services program, it is understood and agreed that LESSEE shall have the right to cancel this
Lease by giving the LESSOR sixty (60) days prior written notice. In the event of LESSOR
needing the PREMISES for its instructional program, LESSOR shall have the right to cancel
this Lease by giving the LESSEE sixty (60) days advance written notice. The LESSOR will
use its best effort to notify the LESSEE no later than March 30 of each year if it anticipates
need of the PREMISES for other purposes for the following school year.
21. TERMINATION. LESSOR may terminate this Lease immediately upon the
use of the PREMISES for purposes other than those set forth in section 6.
22. DEFAULT. In the event of LESSEE's material breach of any of the covenants
or conditions herein, LESSOR may immediately re-enter and repossess the PREMISES and
remove all persons and property therefrom after giving LESSEE written notice of such
default. LESSOR may recover as damages from LESSEE, any sum required to be paid to
LESSOR and any other amount, including reasonable attorney's fees and court costs,
necessary to compensate LESSOR for all detriment proximately caused by LESSEE's default
or which results from the LESSEE's default.
23. SUCCESSORS AND ASSIGNS. LESSEE shall not assign or sublet the
PREMISES in whole or in part, without the prior written consent of LESSOR which shall not
be unreasonably withheld; provided, however, that the LESSEE may allow Families First,
Inc., to use the PREMISES to provide mental health services to program participants. The
parties agree that any other assignment or sublease proposed by LESSEE shall only be
reasonable if it is compatible with LESSOR's use of the balance of the school site,
compatibility to be within the sole discretion of LESSOR. Any other sublease assignment or
transfer without LESSOR'S written consent shall be null and void. The terms and provisions
of this Lease shall extend to and be binding upon and inure to the benefit of the heirs,
successors, and assigns of the respective parties hereto.
24. NO PARTNERSHIP. LESSEE and LESSOR are not partners and nothing
herein contained shall be construed to create a partnership or joint venture in any sense, nor
to constitute LESSEE the agent of LESSOR for any purposes.
25. NOTICE. Any notice, demand, request, consent, approval or communication
that either party desires or is required to give to the other party shall be in writing and either
served personally or by prepaid, first-class mail as follows or as otherwise designated by
written notice to the other party:
LESSOR: Superintendent
Mt. Diablo Unified School District
1936 Carlotta Drive
Concord, CA 94519
LESSEE: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
26. WRITTEN AGREEMENT. Neither party has relied on any promise or
representation not contained in this Lease. All previous conversations, negotiations and
understandings are of no further force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs are for convenience only and
are not a part of this Lease; nor shall they be considered in construing the intent of this Lease.
27. TIME IS OF THE ESSENCE of each and all of the terms and provisions of
this Lease.
28. SEVERABILITY. The provisions of this Lease are declared to be severable
and if any provision herein is invalidated by any court, the remaining provisions shall not be
affected thereby and shall be fully enforceable, unless such enforcement would be
unreasonable or inequitable under all the circumstances or would frustrate the purposes of this
Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on this day of
CCA0'6wL. a-oo/ , at Concord, California.
LESSEE: LESSOR:
COUNTY OF CONTRA COSTA, MT. DIABLO UNIFIED SCHOOL DISTRICT,
A political subdivision of the of Contra Costa County, a public school district:
State of California:
M&ufBy: By:
Title: Director of General Services Title: Assistant Superintendent
RECOMMENDED FOR APPROVAL (LESSEE)
By:
Director of apital ies
and Debt Management
By: /\AA A JLV�,Lr
Health 9fivices Department
By:
Deputy General Services Director
By: Caile C�
Lease
Manager
APPROVED AS TO FORM:
SILVANO MARCHER, County Counsel
By: 2A. �5u
Deputy
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