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Home My WebLink AboutMINUTES - 01112005 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: January 11, 2005 SUBJECT: APPROVAL OF LICENSE AGREEMENT EXTENSION BETWEEN THE COUNTY OF CONTRA COSTA, DEPARTMENT OF GENERAL SERVICES AND THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Acting as the Board of Supervisors, APPROVE and AUTHORIZE the General Services Director, and acting as the Board of Commissioners of the Housing Authority of the County of Contra Costa, AUTHORIZE and APPROVE the Executive Director to execute a five-year License Agreement for the use of 135 West Grove Street, Richmond, California as stated in the attached License Agreement. If. FINANCIAL IMPACT: The executed agreement will generate $3,600 annually ($300.00 monthly) to the Housing Authority Public Housing fund. Ill. REASONS FOR RECOMMENDATION/BACKGROUND The County of Contra Costa has been using 135 West Grove Street, Richmond, CA, as a Head Start facility operated by the County of Contra Costa. This facility and program is available to Public Housing residents of the Housing Authority of the County of Contra Costa, as well as the surrounding community. A License Agreement has been in effect since 1993 and has expired. The term of this License Agreement shall be for the period commencing January 1, 2005 and ending December 31, 2009. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Boards elect not to authorize the Executive Director of the Housing Authority and the Community Services Department of Contra Costa County to enter into a five year License Agreement, 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 <{j4iAl APPROVED AS RECOMMENDED 0 ER VOTE OF COMMISSIONERS r I HEREBY CERTIFY THAT THIS IS A 'd UNANIMOUS (ABSENT ) 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. ATTESTEII { da JOHN SWEE EN,C ERK O THE BOAR OF COMMISSIONERS AND COUNTY ADMINISTRATOR S H:\JudyHayes\MSOFFICE\WINWORD\BOARD\LEASES\Las Deltas Head Start.doc )` �� .��,. '� °`L.� ,DEPUTY LICENSE AGREEMENT THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO CONTRA COSTA COUNTY FOR 135 WEST GROVE STREET, RICHMOND, CA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on January 1, 2005, The Housing Authority of the County of Contra Costa "'hereinafter called LESSOR,,, and the County of Contra Costa, a political subdivision of the State of California, hereinafter called "COUNTY," mutually agree and promise as follows: A.2. LICENSE OF PREMISES: LESSOR, for and in consideration of the rents, hereby Licenses to COUNTY, and COUNTY Licenses from LESSOR those certain premises described as follows: Office and classroom space, consisting of 3,950 square feet, together with the grounds, the play area and exclusive use of two parking spaces, commonly known as 135 West Grove Street, Richmond, California, as shown on Exhibit "A" attached hereto and made a part hereof. A.3. TERM: The term of the License shall be five (5) years, commencing January 1, 2005 and ending on December 31, 2009. A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of said premises a monthly rental of THREE HUNDRED AND NO/100 DOLLARS ($300.00), payable in advance on the tenth day of each month during the term of this License. Payments shall be mailed to: The Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, CA 94553. A.5. EXTENSION: This License may, at the option of the COUNTY, be extended upon the same terms and conditions as follows: A. First Option: For a five (5) year term, commencing January 1, 2010 and ending on December 31, 2014. It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior written notice of its intention to exercise any option to extend this License. However, in the event COUNTY does not give such written notice, its right to exercise any option before termination of the License shall not expire until fifteen (15) working days after receipt of LESSOR's written demand to exercise or forfeit said option. A.6. UTILITIES: COUNTY shall pay for all gas, electric and refuse collection services. LESSOR shall pay for all water sewer provided to the demised premises. A.7. MAINTENANCE AND REPAIRS: A. COUNTY shall keep the roof and exterior of the building in good order, Condition and repair and shall maintain the structural integrity of the building, including the exterior doors and their fixtures, closers and hinges, glass and glazing, and all locks and key systems used in the demised premises. B. COUNTY shall keep and maintain the interior of the premises in good order, condition, and repair. COUNTY shall repair damage 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. Page 1 of 7 /H:\JudyHayes\MSOFFICE\WINWORD\BOARD\LEASES\LasDeltas HS Leasel35 W Grove.doc C. COUNTY shall repair and maintain the electrical, lighting, water, and plumbing systems in good order, condition, and repair. COUNTY shall be responsible to correct routine plumbing stoppages. D. COUNTY shall maintain and repair the heating, ventilating, and air- conditioning systems. E. COUNTY shall maintain the landscaping and the sprinkler systems. COUNTY shall maintain the exterior lighting systems in good order, condition, and repair. F. COUNTY shall provide and install, at the direction of the Fire Marshall, the necessary number of A-B-C fire extinguishers for the premises at no cost to LESSOR. COUNTY shall be responsible for maintenance, repair and replacement of said fire extinguishers in accordance with applicable County, City, State and Federal laws. O. COUNTY shall not suffer any waste on or to the demised premises. H. County shall be responsible for the correction of any code violations which may exist in the premises, provided LESSOR shall not be liable for correction of code violations which arise out of and are directly related to a change in COUNTY's occupancy or use of said premises. COUNTY agrees to conform to all state and federal laws including, but not limited to the Americans with Disabilities Act. A.8. 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. A.9. ATTACHMENTS: Section B, Standard Provisions, and Section C, Special Provisions, are attached to this License and are made a part hereof. A.10. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this License. All previous conversations, negotiations, and understandings are of no further force or effect. This License may be modified only by a written amendment signed by both parties. The headings of the paragraphs are for convenience only and are not a part of this License nor shall they be considered in construing the intent of this License. A.11. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this License. Page 2 of 7 /H:\JudyHayes\MSOFFICE\WINWORD\BOARD\LEASES\Lasdeltas HS Lessel35 W Grove.doc A.12. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, HOUSING AUTHORITY A political subdivision of the State OF THE COUNTY Of California OF CONTRA COSTA By: By: Director of General Services Executive Director RECOMMENDED FOR APPROVAL: Filvano B. Barchesi, County Counsel By: Deputy Form approved by County Counsel Page 3 of 7 iH:\JudyHayes\MSOFFICE\WINWORD\BOARD\LEASES\LasDettas HS Leasel35 W Grove.doc LICENSE AGREEMENT THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO CONTRA COSTA COUNTY FOR 135 WEST GROVE STREET, RICHMOND, CA SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the term or extension of this License as provided hereinabove shall be construed to be a tenancy from month to month, subject to the terms of this License so far as applicable. B.2. USE OF PREMISES: The premises shall be used during the term and extension thereof for purposes of conducting various functions of the COUNTY. B.3. HOLD HARMLESS: COUNTY agrees to indemnify and hold harmless the LESSOR 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, including attorneys' fees, arising out of negligent acts, errors or omissions of the COUNTY, its officers or employees...COUNTY shall not be liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the LESSOR or for liability which is attributable, in whole or in part, to the negligence or willful misconduct of LESSOR, which results in damage to any person or property. LESSOR agrees to indemnify and hold harmless the COUNTY from the LESSOR'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, including attorneys' fees, arising out of negligent acts, errors or omissions of the LESSOR, its agents or employees. B.4. ALTERATIONS, FIXTURES AND SIGNS: COUNTY may make any lawful and proper minor alterations, attach fixtures and signs in or upon the premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prior to the termination of this License, all signs to meet with existing code requirements and LESSOR's approval. Any such alterations, signs or fixtures shall be at COUNTY's sole cost and expense. B.S. DESTRUCTION: A. In the event of damage causing a partial destruction of the premises during the terms of this License 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, LESSOR shall repair said damage promptly and within a reasonable time, but such partial destruction shall not void this License, except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the portion of the premises unusable by COUNTY bears to the total area of the premises. B. If such repairs cannot be made in sixty (60) days, LESSOR may, at his option, make the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. In the event the LESSOR does not so select to make such repairs (which cannot be made in sixty [60] days), or such repairs cannot be made under such laws and regulations, this License may be terminated at the option of either party. C. A total destruction of the premises or the building in which the premises are located shall terminate this License. Page 4 of 7 /H:\JudyHayes\MSOFFICE\WINWORD\BOARD\LEASES\LasDel#as HS Leasel35 W Grove.doc B.B. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the said term of this License peaceably have, hold, and enjoy the demised premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. B.7. DEFAULTS: In the event of COUNTY's material breach of any of the covenants or conditions herein, LESSOR may re-enter and repossess the premises and remove all persons and property therefrom after giving COUNTY written notice of such default and in accordance with due process of law. In the event of such a breach by LESSOR, COUNTY may terminate the License and quit the premises without further cost or obligation or may proceed to repair the building or correct the problem resulting from the breach, and deduct the cost thereof from rental payments due to LESSOR, provided that COUNTY has given LESSOR written notice of said breach and provided that LESSOR has not made a substantial effort to correct said breach. B.8. SURRENDER OF PREMISES: On the last day of said term, or sooner termination of this License, COUNTY will peaceably and quietly leave and surrender to LESSOR these premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by an Act of God, or by circumstances over which COUNTY has no control, excepted. COUNTY shall not be liable for painting the interior of the demised premises upon termination of this License. B.9. SUCCESSORS AND ASSIGNS: The terms and provisions of this License shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties hereto. B.10. SEVERABILITY: In the event that any provision herein is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision shall not materially prejudice either the COUNTY or LESSOR in its respective rights and obligations contained in the valid provisions of this License. Page 5 of 7 /H:WudyHayesIMSOFFICEIWINWORD\BOARD\LEASES\LasDel#as HS Leasel35 W Grove.doc LICENSE AGREEMENT THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO CONTRA COSTA COUNTY FOR 135 WEST GROVE STREET, RICHMOND, CA SECTION C: SPECIAL PROVISIONS C.'I. SERVICES BY LESSOR: 1t is understood and agreed LESSOR shall provide certain maintenance, construction, remodeling or like services as requested by COUNTY from time to time during the term on this License or extension thereof. COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the costs of such service. LESSOR shall consult with COUNTY and select either licensed, insured contractors or employees of LESSOR to provide the service. LESSOR shall obtain COUNTY's prior approval on the scope, term, and cost of the contracts. C.2. CANCELLATION: COUNTY shall have the right to cancel this License by giving LESSOR sixty (60) days prior written notice. C.3. ASSIGNMENT OR SUBLICENSE: COUNTY shall have the right to assign this License or sublicense the premises or any part thereof at any time during the term of this License or extension thereof. C.4. PRIOR POSSESSION: Commencing on March 1, 1993, COUNTY shall have the right to install fixtures, telephones, and other items required to prepare space for COUNTY's occupancy and to store furniture, supplies and equipment where such work or storage can be effected without unduly interfering with LESSOR's completion of the improvements. C.S. ACCEPTANCE OF PREMISES: The following procedure shall apply for acceptance of the premises by COUNTY, licensing by the State of California and commencement of rent. A. Upon completion of the construction and licensing by the State of California with written notice thereof to the County License Manager, COUNTY shall inspect within three (3) workdays after receiving said notice and shall accept or reject said building within six (6) workdays of receipt of such written notice. B. The sole basis for rejection of the building shall be nonconformity with plans or applicable laws or ordinances. In the event COUNTY rejects the premises, COUNTY shall provide LESSOR with a reasonably detailed list of the deficient portions or details of the premises. C. LESSOR shall immediately commence to complete or correct the rejected portion. C.S. LIABILITY INSURANCE: COUNTY is self-insured. EXHIBITS EXHIBIT A: PREMISES Page 6 of 7 IH:\JudyHayes\MSOFFICE\WINWORD\BOARD\LEASES\LasDeltas HS Leasel35 W Grove.doc LICENSE AMENDMENT THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO CONTRA COSTA COUNTY FOR 135 WEST GROVE STREET, RICHMOND, CA 1. PARTIES: Effective on January 1, 2005, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", and HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA, hereinafter called "LESSOR", mutually agree and promise as follows: 2. PURPOSE: The parties desire to amend that Lease dated April 6, 1993, entered into between LESSOR and COUNTY, for those certain premises, consisting of approximately 3,950 square feet of office and classroom space, together with play area and two parking spaces, commonly know as 135 W. Grove Street, Richmond, California, in order to add paragraph C.6 Non-Federal Matching Funds; to verify the amount of COUNTY matching funds for the U.S. Department of Health and Human Services. 3. AMENDMENTS: Paragraph C.6 shall be added as follows: "C. 61 NON-FEDERAL MATCHING FUNDS: LESSOR will contribute $3,186 each month, which is (3,950 sq. ft. X $.87 per sq. ft.) - $300, the difference between the Fair Market Rental Value of the premises as determined by an independent third party, and the Value of the Consideration for this Agreement. LESSOR shall complete the necessary forms, information, documentation and records that will provide evidence to verify the In-Kind contribution of non-Federal Matching Funds for the Community Services Head Start Program operating on the premises; in order to assist COUNTY in conforming to the requirements of the U. S. Department of Health and Human Services for In-Kind Matching share. Page 7 of 7 /H:1JudyHayesIMSOEPECEIW#NWORD\BOARDlLEASEStLasDeltas HS Leasel35 W Grove.doc