HomeMy WebLinkAboutMINUTES - 12172002 - C.123 TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILEERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: DECEMBER 17, 2002 COUNTY
SUBJECT: REVENUE RENTAL AGREEMENT WITH NEW CONNECTIONS, C.f
INC.',FOR THE PREMISES AT 205 41ST STREET, RICHMOND
(T00362) (CP# 02-98)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a month-to-month rental agreement, commencing January 1, 2003, with New
Connections, Inc. for a portion of the County owned premises at 205 41st Street, Richmond,
under the terms and conditions more particularly set forth in the Lease.
2. AUTHORIZE the Director of General Services, or designee, to execute the rental agreement on
behalf of the County.
3. DETERMINE that the project is a Class 1 Categorical Exemption under the California
Environmental Quality Act (CEQA).
4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with
the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the
payment of the handling fees to the Community Development Department and County Clerk for
filing of the Notice of Exemption.
FINANCIAL IMPACT
This rental agreement will provide the County with rental income of approximately $20,000.00 a year.
The revenues will be credited to the Health Services Department which is charged the expenses for
this space.
BACKGROUND
The rental agreement will provide County owned office space for New Connections, Inc., as
requested by the Health Services Department. New Connections, Inc. offers early intervention,
diversion and counseling services for juveniles at risk of drug use referred by Juvenile Court.
CONTINUED ON ATTACHMENT: YES SIGNATURE: 8Q%JW
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
4,-"APPROVE OTHER
S#GNATURE S: < �'
ACTION OF BOAR c DEMIM 17, 2002
APPROVED AS RECOMMENDED_ � OTHER
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT IONS }
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:Genual Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
Leasecc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Accounting
ting Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Aitoounting
Auditor-Controller(via UM) OF SUPERVISORS ON THE DATE SHOWN.
Risk Management(vier UM) ATTESTED D 17, 2002
Health Services(via UM) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
New Connections,Inc.(via UM) AND COUNTY ADMINISTRATOR
DEPUTY
1:\LeaseMgt\STEVE1205-41stNwConnbdo1.doo SBU: Page 1 of 1 M382(10/88)
RENTAL AGREEMENT
IA,BLE OF CONTENTS
205 41't Street
Richmond, CA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES. .......................................................................................................... I
A.2. PCJRPOSE.......................................................................................................... I
A.3. LEASE OF PREMISES..................................................................................... 1
A.4. TE1 ................................................................................................................. 1
A.5. REN ................................................................................................................. 1
A.6. USE OF PREMISES......................................................................................... .2
A.7. JITILITIFS&_C-USTODJAT, SERVICES......................................................... 2
A.8. MAINTENANCE ND REPAIRS................................................................... 2
A.9. NOUCES.............................................................................................. .........3
A.10. EXHIBITS AND AIT. HMENT ................................................................. 3
A.11.WRITTEN A EEME,NT................................................................................ 3
A.12.ME IS OF THE ESSENCE........................................................................... .4
A.13. SI QNAT€ RF BLOCK ...................................................................................... 4
SECTION Bs STANDARD PROVISIONS
B.l. HOLD—HARMLESS ......................................................................................... 5
B.2. ALIERADONS,FIXTURES, AND SIGNS.................................................... 5
B.3 DES TION................................................................................................ 5
B.4. QUIET ENJOYMENT....................................................................................... 6
B.5. DEFAULTS ................. ................................................................................. 6
B.6. SURRENDER OF PREMISES. ........................................................................ 6
B.7. SUCCESSORS AND ASSIGNS ...................................................................... 6
B.8. SEVERABILITY............................................................................................... 6
B.9. WASTE, NI €SAN E....................................................................................
B.10. INSP CTION ................................................................................................... 7
SECTION C. SPECIAL, PROVISIONS
C.I. ASSIGNMENT OR SIB€ F.ASF. ..................................................................... 8
C.2. POSSESSORY INTEREST............................................................................... 8
C.3. INS€TRANCE..................................................................................................... 8
C.4. HAZARDOUS MATERIALS .......................................................................... 8
C.5. ROGRAM CONTRACT—TERMINATION..................................................... 9
EXHIBITS
EXHIBIT A. PREMISES
EXHIBIT B. SITE PLAN
RENTAL AGREEMENT
TO
NEW CONNECTIONS, INC.
FOR
205 41'' STREET
RICHMOND, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on December 17, 2042, the COUNTY OF CONTRA COSTA,
a political subdivision of the State of California, hereinafter called "COUNTY", and NEW
CONNECTIONS, INC., a California non-profit corporation hereinafter called "TENANT",
mutually agree and promise as follows:
A.2. PURPOSE: TENANT currently leases from the COUNTY, the COUNTY owned
portion of the El Cerrito Public Safety Building located at 6323 Manila Avenue, El Cerrito.
On December 10, 2002, the County Board of Supervisors approved the sale of the
COUNTY'S portion to the City of El Cerrito as of December 31, 2002. The purpose of this
Rental Agreement is to allow the TENANT to occupy the Premises, as described below, on
an interim month to month basis during which time TENANT is to secure permanent
replacement space.
A.3. LEASE OF PREMISES: COUNTY, for and in consideration of the rents, hereby
rents to TENANT and TENANT rents from COUNTY those certain premises described as
follows: a portion of a County owned building ("Building"'), consisting of approximately
1,225 square feet of usable office space (Offices #105, 106, 108, 110, Restrooms #122 and
#125), commonly known as 205 41't St., Richmond, CA described in Exhibit "A" which is
attached hereto and made a part hereof ("Premises"). As shown on Exhibit "A", Tenant
shall also have shared use of the Breakroom #119 and use of Counseling/Conference Room
#107 on a pre-scheduled basis, together with non-exclusive use of the Building parking lot
which is described in Exhibit "B"-Site Plan, attached hereto and made a part hereof.
A.4. TES: The term of this Agreement shall be month to month, commencing January
1, 2003 and shall continue until cancellation or termination.
A.5. : Beginning January 1, 2003, as consideration for this Agreement, TENANT
shall pay a monthly rental of ONE THOUSAND SIX HUNDRED FIFTY AND NO/100
_ 1 _
DOLLARS ($1,650.00). The monthly rental shall be payable in advance on the first day of
every month during the term of this Agreement. Rental payments shall be sent to:
Contra Costa County General Services Department
Attn: Fiscal Division
1220 Morello Ave., Suite 200
Martinez, CA 94553
Or to any other location as my be designated by COUNTY.
If any rental is not paid to COUNTY within five (5) days after the due date, a late fee
("Late Fee") of ONE HUNDRED AND NO/100 DOLLARS ($100.00) shall be added to
the payment and the total sum shall become immediately due and payable to COUNTY,
plus any interest on any unpaid balance, which balance shall include the Late Fee, at a rate
of one and one-half percent(1.5%) per month, to be prorated if necessary, from the date the
unpaid balance was due and payable until paid in full.
A.6. USE OF PREMISES: The Premises shall be used during the term of this Rental
Agreement for the sole purpose of TENANT operating the Juvenile Drug Court Treatment
Program through a program contract with the County Health Services Department. Said
program provides drug counseling, group counseling and intervention services for juveniles
referred by the Superior Court of Contra Costa County.
A.7. UTILITIES & CUSTODIAL SERVICES. COUNTY shall provide for all
custodial, gas, electric, water and refuse collection services provided to the Premises.
A.8. MAINTENANCR_ANDREPAIRS:
a. COUNTY shall maintain the structural integrity, roof and exterior of the
Building in good order, condition and repair, including the exterior doors and
their fixtures, closers and hinges, glass and glazing, and all locks and key
systems used in the Premises.
b. TENANT shall keep and maintain the interior of the Premises in good order,
condition, and repair, but COUNTY shall provide for repairs to the interior
caused by failure to maintain the exterior in good repair, including damage to
the interior caused by roof leaks and/or interior and exterior wall leaks.
G:\LeaseMgt\CAROL\NewConnectionsRichmondlease.doc- 2 -
C. COUNTY shall be responsible for the maintenance and repair of the
electrical, lighting, water, and plumbing system except that TENANT shall
be responsible for routine plumbing stoppages in the restrooms located within
the Premises.
d. COUNTY shall be responsible for the maintenance and repair of the heating,
ventilating, and air-conditioning systems.
e. COUNTY shall provide, install and maintain, at the direction of the Fire
Marshal, the necessary number of A-B-C fire extinguishers for the Premises.
f. COUNTY shall be responsible for the correction of any code violations which
may exist in the Premises, provided COUNTY shall not be liable for
correction of code violations which arise out of and are directly related to a
change in TENANT'S occupancy or use of the Premises.
A.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 COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 140
Martinez, CA 94553-4711
To LESSEE: New Connections, Inc.
1760 Clayton Road
Concord, CA 94520
A.10. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, Exhibit "A" — Premises and Exhibit `B"-Site Plan are attached to this
Agreement and are made a part hereof.
A.11. 'WRITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Agreement. All previous conversations, negotiations,
and understandings are of no further force or effect. This Agreement may be modified only
in writing signed by both parties. The headings of the paragraphs and pages are for
convenience only and are not a part of this Agreement, nor shall they be considered in
construing the intent of this Agreement.
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A.12. TIIWIE IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.13. SIGNATURE BLOCK
COUNT S' Obi C PANT
COUNTY OF CONTRA COSTA, a NEW CONNECTIONS, INC., a
Political subdivision of the State of California Non-Profit Corporation
California
By �t.Q. 6* I—1 -f 3 B
Y
Director of General Services Executive Director
RECOMMENDED FOR APPROVAL, resident, Board of Directors
By
Director of Capital Facilities and
Debt Management
Lease Manager
By k,—, 12
4eaServices Department
Representative
APPROVED AS TO FORM:
SILVANO B. MARCHESI, County
Counsel
t 3 3
J Deputy
J
RENTAL AGREEMENT
TO
NEW CONNECTIONS, INC.
FOR
205 41$' STREET
RICHMOND, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLD HARMLESS: TENANT shall indemnify, save, protect and hold harmless
the COUNTY, its officers, agents and employees from any and all claims, costs and
liability for any damage, injury or death, including without limitation all consequential
damages from any cause whatsoever, to persons or property arising directly or indirectly
from or connected with this Agreement, TENANT'S operations, or TENANT'S use or
possession of the Premises, save and except claims or litigation arising through the sole
negligence or sole willful misconduct of COUNTY, its officers agents or employees, and if
required, will defend any such actions at the sole cost and expense of TENANT.
B.2. ALTERATIONS, FIXTURES, AND SIGNS: TENANT may make any lawful
and proper minor alterations, attach futures and signs in or upon the Premises, which shall
remain TENANT'S property and may be removed therefrom by TENANT'S prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at TENANT'S
sole cost and expense, and all signs shall meet with existing code requirements and shall
require COUNTY'S prior written approval.
B.3. DESTRUC 'ION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Lease from any cause, and repairs can be made within sixty
(60) days from the date of the damage under the applicable laws and
regulations of governmental authorities, COUNTY shall repair the damage
promptly and within a reasonable time, but such partial destruction shall not
void this Agreement.
b. If such repairs cannot be made in sixty (60) days, COUNTY may, at its
option, mare the same within a reasonable time. In the event COUNTY does
not so elect to make such repairs (which cannot be made in sixty <60> days),
or such repairs cannot be made under such laws and regulations, this
Agreement may be terminated at the option of either party.
C. A total destruction of the Premises or the Building in which the Premises is
located shall terminate this Agreement.
B.4. QUIET ENJOYMENT: COUNTY covenants that TENANT shall at all times
during the term peaceably and quietly have, hold, and enjoy the Premises without suit,
trouble or hindrance from or on account of COUNTY as long as TENANT fully performs
hereunder.
B.S. DEFAULTS: In the event of TENANT'S material breach of any of the covenants
or conditions herein, COUNTY may re-enter and repossess the Premises and remove all
persons and property therefrom after giving TENANT written notice of such default and in
accordance with due process of law. In the event of such a breach by COUNTY, TENANT
may terminate the Agreement and quit the Premises without further cost or obligation
provided that TENANT has given COUNTY written notice of the breach and provided that
COUNTY has not made a substantial effort to correct the breach.
B.6. SURREN 7tER OF PREMISES: On the last day of the term, or sooner termination
of this Lease, TENANT will peaceably and quietly leave and surrender to COUNTY these
Premises with their appurtenances and fixtures (except signs and fixtures referred to
hereinabove) in good order, condition, and repair, excepting for reasonable use and wear
thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or
by circumstances over which TENANT has no control.
B.7. SUCCESSORS NI)ASSIGNS: The terms and provisions of this Agreement shall
extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns
of the respective parties hereto.
B.S. SEVF ABILITY: In the event that any provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision does not
materially prejudice either the TENANT or COUNTY in its respective rights and
obligations contained in the valid provisions of this Agreement.
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B.9. WASTEs NUISANCE: TENANT shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet
enjoyment of any other occupant of the Building in which the Premises are located.
B.10. INSPECTION: The COUNTY reserves the right to enter the Premises at any time,
in order to see that the property is being reasonably cared for, that no waste is being made,
and that all things are done in the manner best calculated for the preservation of the
property, and in full compliance with the terms and conditions of this Agreement.
(Remainder of page intentionally left blank)
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RENTAL AGREEMENT
TO
NEW CONNECTIONS, INC.
FOR
205 41" STREET
RICHMOND, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.I. AS IONNI`ENT SUBLEASE: TENANT shall not have the right to assign or
sublease the Premises or any part thereof at any time during the term of this Agreement.
Any such assignment or subletting shall be void and constitute ,rounds for immediate
termination of this Agreement.
C.2. POSSESSORY INTEREST: The County Assessor of Contra Costa County has
invoked a possessory interest tax on all rentals of County and other publicly-owned
properties. This tax is mandatory by law and is levied on the TENANT and not the
property. TENANT shall be responsible for the payment of any Possessory Interest Tax
levied on TENANT'S interest in the Premises.
C.3. INSURANCE: COUNTY will not keep TENANT'S personal property insured
against fire, or any other insurable risk, and TENANT waives the right to claim damages
from the COUNTY for any damage resulting to the property in the event it is damaged or
destroyed by fire or any other cause.
TENANT agrees, at no cost to the COUNTY, to obtain and maintain during the term
of this Agreement, worker's compensation for TENANT'S employees and comprehensive
liability insurance with a minimum combined single-limit coverage of$1,000,000.00 for all
claims or losses due to bodily injury, sickness or disease or death to any person, or damage
to property, including loss of use thereof arising out of each accident or occurrence, and
name Centra Costa County, its officers, agents and employees as additional insured
thereunder. The coverage shall provide for a thirty (30) day written notice to COUNTY of
cancellation or lapse. Evidence of such coverage shall be furnished to COUNTY within 30
days after execution of this Agreement.
CA. HAZARDOUS MATERIALS: TENANT shall not cause or permit the placement,
release or disposal of any Hazardous Materials, on, in or from the Premises. TENANT
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shall indemnify, defend, save, protect and hold harmless, COUNTY and COUNTY'S
successors and assigns, officers, agents and employees from all liability, damages, penalties
and costs, or loss directly or indirectly arising out of or resulting from the presence of any
Hazardous Materials as a result of TENANT'S activities, in or around any part of the
Premises and Building. TENANT acknowledges and agrees that COUNTY shall have no
obligation to clean up or remediate, or to contribute towards the cost of clean up or
remediation, of any such Hazardous Materials. The obligations of this paragraph shall
survive the termination of this Lease.
"Hazardous Materials" is defined to mean any substance, material or waste, including lead
based paint, asbestos and petroleum (including crude oil or any fraction thereof), which is
or becomes designated as a hazardous substance, hazardous waste, hazardous material,
toxic substance or material under any federal, state or local law, regulation or ordinance.
C.S. PROGRAM CONTRACT TERMINATION: If TENANT'S contract with the
County Health Services Department for the operation of the juvenile drug court treatment
program terminates, this lease shall also terminate as of the date the program contract
termination. TENANT shall vacate the Premises within thirty (30) days of the program
termination date and shall leave the Premises in a clean and orderly fashion.
- 9 -
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