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Home My WebLink AboutMINUTES - 01082008 - C.4 SE L o tra TO: BOARD OF SUPERVISORS ` _ FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR Costa DATE: January 8, 2008 sr'4-COUIy County SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Rental Agreement with Sunset Harbor Marina, LLC, Bethel Island/Oakley area. Project No.: 0662-6R4043 (BRLS-5928(024)) District V [CDD- CP# 03-36] Task: ACQ Acct: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: A. APPROVE the Rental Agreement dated October 1, 2007 with Sunset Harbor Marina, LLC. B. AUTHORIZE Public Works Director,or Designee,to execute said Rental Agreement on behalf of the County. C. AUTHORIZE the Auditor-Controller to issue a check in the amount of$1,500 per month in accordance with the terms and conditions of the Rental Agreement payable to Sunset Harbor Marina, LLC. CONTINUED ON ATTACHMENT: ❑x SIGNATURE: 'L RECOMMENDATION OF COUNTYADMINISTRATOR RECO ATION OF BO RD COMMITTEE APPROVE OTHER i SIGNATURE(S): ACTION OF BOA N Age- APPROVED AS RECOMMENDED OTHER VOTE 9F SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT ✓/ COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Lucy Owens(313-2229) LLO:LD:sr p G:\RealProp\Board Orders\2008\01-08-08 BO-Sunset Harbor-Rental Agree.doc ATTESTED J CULLEN,COF THE BOARD OF SUPERVISORS cc: County Administrator Auditor-Controller(via R/P) P.W.Accounting BY: DEPUTY Sunset Harbor Marina,LLC Board Orders Senior Clerk,Adm. . rN • SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Rental Agreement with Sunset Harbor Marina, LLC, Bethel Island/Oakley area. DATE: January 8, 2008 PAGE: 2 of 2 FISCAL IMPACT: Payment of$ 1,500 per month is funded by 80%Federal Highway Bridge Replacement and Rehabilitation Funds and 20% by Road Funds. Reasons for Recommendations and Background: The County is planning to replace Bethel Island Bridge and is currently in negotiations with the property owners for land and improvements located at 3012 Dutch Sough,Bethel Island. The County has relocated the tenants who were occupying the single-family residence located at the said location. Since the County cannot prevent the owners from renting the residence before the County has acquired the property for the project; the County wishes to enter into a rental agreement with the property owner to minimize relocation costs that may occur for future occupants. The owners are in agreement with the County and both the County and owners want the premises protected against vandalism, trespassers or other unauthorized occupants. Consequences of Negative Action: The County could be liable for additional relocation expenses. RENTAL AGREEMENT This Agreement is made and entered into this 1s` day of October 2007, by and between hereafter called Owner and Contra Costa County, hereafter called County. Whereas, it is the desire of County to acquire that certain property in the County of Contra Costa, State of California, described as: A.P.N. 032-140-015, for use as rights of way for its transportation project; Whereas, it is the desire of County to minimize relocation costs that may mature for future occupants of the above-described property or to otherwise reduce future relocation problems; and Whereas, Owner is agreeable to the accomplishment of this objective by allowing County to pay rent for those units within the described property as they may now be or will become vacant during the life of this Agreement. Whereas, Sunset Harbor Marina, LLC, warrant they are the Owners of the property described as: A.P.N. 032-140-015 (identified herein as "Owners property") and the rental units located on said property. Now,Therefore, It is Hereby Agreed As Follows: 1. County will pay rent for the following identified units as they become vacant at the monthly rental rate shown: Unit Identification Rental Rate 3012 Dutch Slough, Bethel Island $1,500.00 2. Owner will notify County, in writing, immediately upon the vacation of any other units on owners' property and their applicable rental rates. If Owner and County agree to the fair rental rate for the unit, Owner will rent the unit to the County at the agreed upon rate. The additional unit and the County's agreement to pay the agreed upon fair rental rate, shall constitute an amendment to this agreement. 3. In consideration for the rent to be paid under this Agreement, Owner will not re-rent or allow any occupancy of the previously vacated unit by any person or persons. 4. The fair rental rate for any rental unit located on Owner's Property, shall be the same monthly rent as paid by the existing or last occupant at the time the unit becomes vacant, except where the existing rental rate includes utility costs, furniture rental, or other service costs which are not applicable to County's payment for the unit since the County's intent is to keep all units vacant. All costs exclusive of rent for the vacant unit shall be deducted from the existing rental rate to arrive at the fair rental rate to be paid by the County. 5. Payment of rent under this Agreement shall terminate upon transfer of ownership or the date of effective Order of Possession of herein described property to County. 7. The total rental for the unit being rented in accordance with Clause 1 and 2 above shall be paid to Owner in arrears on the last day of each month. 8. County shall not call on Owner to make any improvements or repairs on the property, but Owner hereby specifically covenants and agrees to keep the property in good order and condition at Owner's cost and expense. 9. Owner reserves the right to enter, inspect the premises, and make any necessary repairs to the premises. 1 10. In the event the rented premises or any essential part thereof shall be destroyed by fire or other casualty, this Agreement, shall, in the case of total destruction of the rented premises, immediately terminate and, in case of partial destruction or damage, shall terminate at the option of County upon giving notice, in writing, to Owner within 10 days after such fire or casualty, and no rent shall accrue or be payable to owner after such termination. In the event of any such destruction, the rental as herein provided shall be reduced by the number of units destroyed or by the same ratio as the floor space County is precluded from renting bears to the total floor space of the rented premises, whichever is more applicable. The County shall have the right, but not the obligation, to secure the premises, in whatever manner necessary, from vandalism, occupancy or trespassing. 11. Rental payable hereunder for any period of time less than one month shall be determined by prorating the monthly rental rate herein specified on the actual number of days in the month. 12. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to havebeen fully given when made in writing and deposited in the United States mail certified and postage prepaid, and addressed as follows: To the Owner at: Sunset Harbor Marina, LLC Attention: Jeffery Tamayo 11670 Byron Highway Byron, CA 94514 and to County at: Karen A. Laws Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Nothing shall preclude the giving of any such written notice by personal service. 13. County may terminate this Agreement by giving notice to Owner at least thirty (30) days prior to the date when such termination shall become effective. 14. It is the intent of County and Owner that the units rented by the County remain vacant. Owner shall not permit any person to occupy any unit rented by the County. Owner shall remove any trespassers, squatters, or other unauthorized occupants from the rented units. 15. No alterations or variations of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on either of the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on either of the parties hereto. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above written. Owner — Sunset Harbor Marina, LLC Contra Costa County GGf By L,-Lucy 0 ens Nor Real Property ent By UV'f aren A. Laws Principal Real Proper LLO:sr G:\RealProp\Bethel Island Bridge\AG.31.doc 1012/07 By o' , L M Tiiu Public Works Director Date: ZDO� 2