HomeMy WebLinkAboutMINUTES - 12162008 - C.23 yE `
TO: BOARD OF SUPERVISORS ���_=�y `''r�•��' Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR - Costa
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DATE: December 16, 2008 i'.-,� �-i-.�r��¢
County
SUBJECT: Amendment to Rental Agreement with Matt Toly, dba, Pacific Power Boat Sales and Service, Bethel
Island/Oakley area. (District V) Project No.: 0662-6R4043 (BRLS-5928(024)) [CDD- CP# 03-36]
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment to the rental
agreement with Matt Toly,dba,Pacific Power Boat Sales and Service for the rental of a portion of Assessor's Parcel
No. 032-140-012 and further identified as 5998 Bethel Island Road, Oakley.
FISCAL IMPACT:
The amended Rental Agreement extends the termination date to January 5,2009,and provides for a monthly rental fee
payment of$700.00. The fees will be deposited in the Road Fund(110800-0662).
CONTINUED ON ATTACHMENT: x❑ SIGNATURE•
RECOMMENDATION OFCOUNTYADM/NISTRATOR RECVINIE DATION OF BOARD Oi11MITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON A�„G ROVED AS RECOMMENDED OTHER
VOTE SUPERVISORS. � I H E RE BY CERTI FYTHAT TH IS IS A TR U E A N D COR R ECT
�� COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIA/OUS'(IR.SF_NT /V!/77d J MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Lucy Owens(313-2229)
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G:\Real Prop\Board Orders\2008\12-I(i-08130-PBS-amendRenWpe l.doc ATTESTED !/7�fY� 00-V r--,
DAVID TWA,CLERK OF THE BOARD OF SUPERVISORS
cc: County Administrator
Auditor-Controller(via W f)
P. W.Accounting
Pacific Boat Sales and Services BY: DEPUTY
Board Orders Senior Clerk,Adm.
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Ca
SUBJECT: Amendment to Rental Agreement with Matt Toly,dba,Pacific Power Boat Sales and Service,Bethel
Island/Oakley area. (District V) Project No.: 0662-6R4043 (BRLS-5928(024)) [CDD-CP#03-36]
DATE: December 16, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The County has an Order for Possession for a portion of the property identified as Assessor's Parcel No.032-140-012,
for the Bethel Island Bridge Replacement project. Matt Toly currently operates Pacific Power Boat Sales and Service
at this location and is in the process of relocating to a new site. On September 16,2008,this Board approved a rental
agreement which allowed Matt Toly to continue to operate Pacific Power Boat Sales and Service during the
development of the new site. The Rental Agreement terminated on November 30, 2008. Matt Toly has been
working diligently with County staff on the relocation of Pacific Power Boat Sales and Service to the new site and
has requested that the rental agreement be extended to January 5, 2009. It has been determined that extending the
rental term will not jeopardize the project.
CONSEQUENCES OF NEGATIVE ACTION:
The County could be liable for additional relocation expenses.
AMENDMENT TO
RENTAL AGREEMENT
This Amendment to Rental Agreement is hereby executed in duplicate on by
and between CONTRA COSTA COUNTY hereinafter designated as "COUNTY," and Matt Toly, dba,
PACIFIC POWER POWER BOAT SALES AND SERVICE the undersigned, designated as "TENANT,"
who hereby agrees to rent property within exclusive use and possession of the COUNTY pursuant to an
Order for Possession issued in the action entitled "Contra Costa County v. Sunset Harbor Marina LLC,
Contra Costa County Superior Court Case No. C08-00216" designated as "Premises" described as
follows: 5998 Bethel Island Road, Oakley, CA, a portion of Assessor's Parcel No. A.P.N. 032-140-012.
TENANT hereby jointly and severally approves, agrees, and consents to the Amend the Rental
Agreement entered into on August 5, 2008 as follows:
1. TERM: Notwithstanding any other term of this Agreement, the term of this tenancy shall be for a
fixed term, commencing on the execution of this Agreement by both parties hereto (the
"COMMENCEMENT DATE")and continuing until January 5, 2009 (the "TERMINATION DATE"),
at which time the tenancy granted hereunder shall terminate automatically without notice to
TENANT. TENANT EXPRESSLY UNDERSTANDS AND AGREES THAT TENANT'S RIGHT TO
POSSESS THE PREMISES SHALL TERMINATE AS OF THE TERMINATION DATE, THAT
TENANT WILL NOT BE ENTITLED TO A THREE (3) DAY OR THIRTY(30) DAY NOTICE AS A
CONDITION TO THE TERMINATION OF TENANT'S RIGHT TO POSSESS THE PREMISES,
AND THAT BY POSSESSING THE PREMISES AFTER THE TERMINATION DATE, TENANT
WILL BE TREATED AS A TENANT AT SUFFERENACE OR A TRESPASSER, AT THE
ELECTION OF COUNTY, IN COUNTY'S SOLE AND ABSOLUTE DISCRETION.
TENANT understands and agrees that all other terms and conditions of the August 5, 2008,
Rental Agreement shall remain enforced.
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year
first above written.
COUNTY OF CONTRA COSTA,
A political subdivision of TENANT: Matt Toly
the State of California
By: By:
Public Works Director
RECOMMENDED FOR APPROVAL:
By:
Principal Real Property Agent
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12/01/08