HomeMy WebLinkAboutMINUTES - 07101990 - H.2 (1 , 004. Nt
TO; REDEVELOPMENT AGENCY a
Contra
FROM: PHIL BATCHELOR,
EXECUTIVE DIRECTOR -` CJ�JJIa
DATE: July 10, 1990 _ Cour�y
SUBJECT: Lease of Southern Pacific Right-of-Way.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Hold Public Hearing as required by Section 33431 of the California
Health & Safety Code on proposed lease of property by the Contra
Costa County Redevelopment Agency to the Bay Area Rapid Transit
District for replacement parking; and approve form of Lease of
Southern Pacific Right-of-Way at Pleasant Hill BART Station with
the San Francisco-Bay Area Rapid Transit District and authorize the
Executive Director or his designee to execute said lease.
FISCAL IMPACT
The lease provides for a monthly payment by BART ' to the
Redevelopment Agency of $5211. 00 ($13 . 50 per parking space-per
month) . The annual lease amount is $62, 532 . 00. The lease
agreement provides for a pre-payment of a portion of the lease
amount which will permit the Agency to buy out an existing lease
with a private parking vendor on the property.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Bay Area Rapid Transit District (BART) has recently awarded a
contract for the construction of a 8-level parking structure at
Pleasant Hill BART. BART intends for construction to be initiated
prior to August 1, . 1990. The expected completion date is in the
fall of 1991. The parking structure will be built over existing
surface parking at the northeast corner of the BART property. In
order to proceed with the parking structure BART must replace on an
interim basis the surface level parking that will be lost during
the construction period. The interim replacement parking is
proposed to be on the Agency owned property (former SP
Right-of-Way) north of Las Juntas Way (Exhibit 1) . Parking service
will consist of a compact gravel base. The facility will include
lighting. f
CONTINUED ON ATTACHMENT: YES SIGNATURE: aw 0G
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF AGENCY OMMITTE
APPROVE OTHER / 1
SIGNATURE(S) :
ACTION OF AGENCY ON. July 10, 1990 APPROVED AS RECOMM3WDED X OTHER _
On this date the Redevelopment Agency held a hearing on the above matter
and no one appeared to speak. IT IS BY THE BOARD ORDERED that the above
recommendation is APPROVED.
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
cc: Redevelopment Director ATTESTED July 10, 1990
CAO PHIL BATCHELOR,
Auditor-Controller AGENCY SECRETARY
County Counsel
BY �' DEPUTY
A fence will be constructed by BART along the northerly property boundary
to restrict vehicle access to other portions of the SP Right-of-Way north
of the parking facility. The fence will permit pedestrian and bicyclists
to proceed beyond the northerly boundary. The fence will also be
constructed along the eastern boundary adjacent to the Las Juntas Swim
Club. The lease is for an 18 month term with the ability to extend for
three 6-month periods. The Agency will grant the extensions unless the
property is needed for public improvements during the period of the
requested extension (for example, construction of an arterial in the SP
Right-of-Way) .
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�N
LEASE
SOUTHERN PACIFIC RIGHT OF WAY
AT PLEASANT HILL BART STATION
1. Parties and Date: Effective on , Contra
Costa County Redevelopment Agency, a political subdivision of the
State of California, hereinafter referred to as "Lessor" , and the
San Francisco Bay Area Rapid Transit District, a rapid transit
district, hereinafter referred to as "Lessee" , hereby mutually
promise and agree as follows:
2 . Lease of Premises: Lessor, for and in consideration of the
rents and for the terms and upon covenants and conditions herein,
hereby leases to Lessee and Lessee leases from Lessor that
certain parcel of land, consisting of that parcel of land
designated as Parcel 1 on Exhibit 1 attached hereto and more
particularly described in Exhibit 2 attached hereto and
incorporated herein.
3 . Term: This Lease is for an eighteen (18) month term
commencing on , 1990. Lessee shall have an option to
extend the Term of this Lease for three additional six month
periods. In order to exercise its option to extend, Lessee
shall, at least sixty (60) days prior to expiration of the
original term, or any extension granted thereto pursuant to this
section, request in writing from Lessor an extension of the Lease
for a six month period. Lessor shall grant Lessee such an
extension unless Lessor needs the demised premises for
construction of public improvements during the period of the
requested extension.
4 . Use:
a. Lessee shall use the demised premises for the purpose
of a parking lot and for incidental purposes related
thereto; provided, however, that Lessee shall not use
the demised premises in such a manner as to violate any
applicable law, rule, ordinance or regulation of any
governmental body. Lessee shall not permit transient
or permanent occupation of vehicles parked on the
premises and shall not permit long term storage of
vehicles on the premises.
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06/19/90 -1-
5. Rental: In consideration for this lease, Lessee agrees to
pay to Lessor on or before the first day of each and every month
during the term hereof, the sum of five thousand two hundred
eleven dollars ($5,211) . Upon execution of this Lease, Lessee
shall pay to Lessor. the sum of seventy-one thousand three hundred
twenty dollars ($71, 320) as prepaid rent which shall be credited
toward the first $71, 320 rent owed by Lessee pursuant to this
Section 5. In addition, Lessee shall receive credit for rent due
for the eighteenth month of the term of this Lease following
completion of construction of the fence described in Section
7 (a) (iv) below.
6. Utilities: Lessee shall pay for all water, gas, light,
power, telephone service, sewer service and all other services
supplied to the said premises, including installation and
connection of said services.
7. Construction of Improvements by Lessee:
a. Improvements to be constructed by Lessee: Promptly
.following the beginning of the term of this Lease,
Lessee shall make the following improvements on the
demised premises at its sole cost and expense:
i) provide a compacted gravel base covering the
entire demised premise
ii) provide temporary lighting suitable for a
parking lot.
iii) , construct a fence along the northerly
boundary of the premises which restricts vehicle
-= access but which allows continued pedestrian and
bicycle access to the premises from the northerly
boundary.
iv) construct a fence along the eastern boundary
of the demised premises from Las Juntas Way to the
point on the eastern boundary which is at the
northern boundary of the Las Juntas Swim Club
adjacent to the demised premises.
All improvements shall be constructed in conformance
with plans to be submitted and approved by Lessor prior
to construction of the improvements which approval
shall not be unreasonably withheld.
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06/19/90 -2-
b. Strict Compliance with Plans and Specifications.
All improvements constructed by Lessee within the
demised premises shall be constructed in good and
workmanlike manner and in strict compliance with
detailed plans and specifications approved by Lessor,
which approval shall not be unreasonably withheld.
C. "As-Built" Plans. Within sixty (60) days
following completion of any substantial improvement
within the demised premises, Lessee shall furnish
Lessor a complete set of "As-Built" plans.
d. Freedom from Liens. All improvements and
facilities constructed or placed within the demised
premises by Lessee must, upon completion, be free and
clear of all liens, claims or liability for labor or
material.
Lessee shall at all times defend, indemnify and save
Lessor harmless from all claims for labor or materials
in connection with construction, repair, alteration or
installation of structures, improvements, equipment or
facilities within the demised premises, and from the
cost of defending against such claims, including
attorneys' fees, save and except for claims or
liability arising from the negligence of Lessor, its
agents and employees.
e. Signs. Lessee agrees not to construct, maintain
or allow any sign upon the demised premises, except
those signs approved in writing by Lessor. Unapproved
signs, banners, flags, etc. , may be removed by the
Lessor at Lessee's expense. All signs so approved
shall comply with any applicable sign ordinance.
8 . Maintenance and Repairs:
a. Lessee's Obligation. Lessee shall, at its sole
cost and expense, keep and maintain the demised
premises and all improvements of any kind which may be
erected, installed or made thereon in substantial
repair. It shall be Lessee's responsibility to take
all steps necessary or appropriate to maintain such a
standard of condition and repair, including assuring
that ground conditions are sufficiently maintained to
insure that dust levels in and around the premises are
minimized.
32000L.P50
06/19/90 -3-
Lessee expressly agrees to maintain the demised
premises in a safe, clean, wholesome and sanitary
condition and in compliance with all applicable laws.
Lessor shall have the right to enter upon and inspect
the demised premises at any time for cleanliness and
safety.
Lessee acknowledges that it has inspected the premises
and that the premises are in good condition.
b. Lessor's Right to Repair. If Lessee fails to
maintain or make repairs or replacements as required
herein, Lessor may notify Lessee in writing of said
failure. Should Lessee fail to correct the situation
within a reasonable time thereafter, Lessor may make
the necessary correction and the cost thereof,
including, but not limited to, the cost of labor,
materials and equipment and administration, shall be
paid by Lessee within ten (10) days of receipt of a
statement of said cost from Lessor. Lessor may, at its
option, choose other remedies available herein or by
. law.
9 . Waste, Quiet Conduct: Lessee shall not commit or suffer to
be committed any waste upon said premises, or any nuisance or
other act or thing which may disturb the quiet enjoyment of the
surrounding and adjoining property.
10. Unlawful Use: Lessee agrees that no improvements shall be
erected, placed upon, operated or maintained within the demised
premises, nor any business conducted or carried on therein or
therefrom, in violation of the terms of this Lease, or of any
statute, ordinance, " regulation or other rule of any governmental
agency having jurisdiction.
11. Damage To Or Destruction of Improvements: In the event of
damage to or destruction of Lessee' s improvements or in the event
Lessee' s improvements located on the demised premises are
declared unsafe or unfit for use or occupancy by a public entity
with the authority to make and enforce such declaration,
including Lessor, Lessee shall, within thirty (30) days, commence
and diligently pursue to. completion, the repair, replacement or
reconstruction of improvements necessary to permit full use and
occupancy of the demised premises for the purposes permitted by
this Lease. Repair, replacement or reconstruction of
improvements within the demised premises shall be accomplished in
a manner and according to plans approved by Lessor.
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06/19/90 -4-
c'
12. Insurance: Lessee shall procure and maintain, at its sole
cost and expense, and at all times during the term of this lease,
the following coverage:
a. Public Liability and Property Damage Insurance:
Lessee shall obtain and maintain owner's, landlord's,
and tenant's public liability insurance covering and
insuring all parties hereto (including Lessor and the
County of Contra Costa and their respective officers
and employees as additional insureds under the policy)
with a minimum combined single-limit coverage of One
Million and No/100 Dollars ($1, 000, 000.00) for all
damages due to bodily injury, sickness or disease, or
death to any person and/or damage to property,
including the loss of use thereof, arising out of each
accident or occurrence. Evidence of such insurance
shall be provided by the Lessee by filing with Lessor a
copy of the policy or policies, or a duly executed
certificate to the effect that the insurance required
by this Lease is extended. Said policy or policies or
certificates shall contain the provision that written
notice of cancellation or of any material changes shall
be delivered to Lessor at least thirty (30) days in
advance of the effective date thereof. From time to
time, Lessor may require Lessee to adjust amount of
said coverage.
b. Worker's Compensation Insurance: Lessee shall
obtain and maintain insurance to protect Lessee from
claims under worker's compensation acts and other
employee benefit acts, claims for damages because of
bodily injury, including death, and from claims for
damages to property which may arise out of or result
from the Lessee's operation under this Lease, whether
such operations be by itself or by any sublessee or
anyone directly or indirectly employed by any of them.
This insurance shall be written for not less than any
limits of liability required by law. Certificates of
such insurance shall be filed with the Lessor prior to
the commencement of the Lease.
C. It is agreed and understood that Lessee is self-
insured and that Lessee's self-insurance will satisfy
the insurance requirements of this Section 12 .a
certificate of insurance evidencing such self-insurance
shall be furnished by Lessee prior to commencement of
this Lease.
32000L.P50
06/19/90
13 . Condemnation:
a. If any part of the premises shall be taken as a result
of the exercise of the power of eminent domain or to be
conveyed to any entity having such power under threat
of exercise thereof (both of such actions being
hereinafter referred to as "condemnation")., this Lease
shall automatically terminate as to the portion of the
premises which is condemned, as of the date physical
possession of such portion is taken by the condemnor.
b. If the remaining part of the premises will not be
reasonably suitable for the operation of Lessee's
facility as reasonably determined by Lessee, this Lease
may be terminated by either Lessor or Lessee at any
time within thirty (30) days after the date possession
of the condemnation portion is taken by the condemnor,
and any unearned rent theretofore paid by Lessee shall
be refunded. If the remaining part of the premises
will be reasonably suitable for the operation of
Lessee's facility, this Lease may continue in full
force and effect as to such remaining part with an
appropriate reduction in rent based on the ratio that
remaining premises bears to the premises originally
leased pursuant to this Lease.
C. Lessee hereby waives any rights it has now or in the
future to receive any portion of any award made or
compensation payable by reason of the condemnation of
the premises, portion thereof, or interest therein.
14 . Inspection and Notice: Lessor or its agents shall at any
and all times have the right to go upon and inspect the land and
premises hereby leased and any and every improvements erected or
constructed or in the course of being erected or constructed,
repaired, added to, rebuilt or restored thereon and also to serve
or to post and to keep posted thereon, or in any part thereof,
notices of nonresponsibility, or any other notice or notices that
may at any time be required or permitted by law.
15. Assignment, Subletting and Encumbrances: Lessee shall not
assign this Lease, or any interest therein,Iand shall not sublet
:the demised premises, or any part thereof or any right or
privilege appurtenant thereto. Any such assignment or subletting
shall be void and Lessor shall have the option to terminate this
Lease therefor. Lessee shall not mortgage or encumber its
interest created hereby or any part thereof.
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i
16. Bankruptcy and Insolvency: If the Lessee be adjudicated as
bankrupt or become insolvent, or. if possession of any interest in
the demised premises shall be taken by virtue of any attachment,
execution or receivership, the Lessor may, at its election,
unless, within ninety (90) days such bankruptcy proceedings be
terminated in favor of Lessee and/or such insolvency be cured
and/or such possession regained, immediately terminate this Lease
by service of notice to such effect upon any adult person found
in possession of said premises, or as provided in Section 28
Notices, below.
17 . Surrender of Possession: Lessee agrees that all permanent
improvements and facilities constructed or placed within the
demised premises shall become the property of Lessor at the
expiration of this Lease or upon earlier termination or
cancellation hereof, and Lessee agrees to deliver to Lessor
possession of the premises leased herein at the termination of
this Lease by expiration or otherwise, in good condition, normal
wear and tear excepted. Lessee shall promptly remove all signs
and other personal property from the premises. In the event
Lessee constructs the improvements required by Section 7 above,
then, upon termination or cancellation of this Lease for reasons
other than Lessee's default under or failure to perform this
Lease, the Lessor shall pay to Lessee the sum of $5, 211 as
consideration for those improvements becoming the property of
Lessor upon termination or cancellation of this Lease. In lieu
of Lessor making said payment, Lessor may allow Lessee to receive
credit against the last month's rent due under this Lease for the
amount of said payment.
18. Default: The occurrence of any of the following shall
constitute a default by Lessee:
1. - Failure to pay when due, rent or any other payment
required under this Lease, if the failure continues for
fifteen (15) days after notice has been given to
Lessee.
2. Abandonment and vacation of the premises. Failure
to occupy and operate the premises after construction
of the improvements for thirty (30) consecutive days
shall be deemed an abandonment and vacation.
3 . Failure to perform any other provision of this Lease
if the failure to perform is not cured within thirty
(30) days after notice has been given to Lessee. If
the default cannot reasonably be cured within thirty
(30) days, -Lessee shall not be in default of this Lease
if Lessee commences to cure the default within the
32000L.P50
06/19/90 -7-
thirty (30) day period and diligently and in good faith
continues to cure the default.
Notices given under this section shall specify the alleged
default and the applicable lease provisions, and shall demand
that Lessee perform the provisions of this Lease or pay the rent
that is in arrears, as the case may be, within the applicable
period of time, or quit the premises. No such notice shall be
deemed a forfeiture or a termination of this lease unless Lessor
so elects in this notice.
.. The purpose of the notice requirements set forth in this
paragraph is to extend the notice requirements of the unlawful
detainer statutes of California.
No waiver of Lessor of default by Lessee of any of the
terms, covenants or conditions hereof to be performed, kept and
observed by Lessee shall be construed to be or act as a waiver by
Lessor of any subsequent default of any of the terms, covenants
and conditions herein contained to be performed, kept and
observed by Lessee.
19. Lessor' s Remedies: If Lessee is in default hereof, Lessor
shall have the right, at any time thereafter, in accordance with
the due process of law, to terminate this Lease and Lessee's
right to possession hereunder and recover damages as specified in
Civil Code Section 1951.2 or to treat the Lease as continuing in
effect and seek the remedies specified in Civil Code Section
1951.2 .
Lessor's remedy herein is not exclusive, but is cumulative
and in addition to all other remedies in favor of Lessor existing
in law, equity or bankruptcy.
20. Hold Harmless and Indemnity:
a. Lessor shall not be liable to` Lessee and Lessee
hereby waives all claims and recourse against Lessor,
including the right to contribution, for any loss,
injury or damage to any person or property on or about
the leased premises by or from any cause whatsoever,
except claims arising from the negligence of Lessor,
its officers, agents and employees.
b. Lessee shall indemnify, hold harmless and defend
Lessor, the County of Contra Costa and their respective
officers, agents and employees against any and all
claims, demands, damages, costs, expenses or liability
costs arising out of, either in whole or in part,
32000L.P50
06/19/90 -$-
f .
whether directly or indirectly the organization,
development, construction, operation or maintenance of
the leased premises, except for liability arising out
of the negligence of Lessor, its officers, agents and
employees.
C. The provisions and agreements in this section are
not conditioned or dependent on whether or not Lessor
has prepared, supplied, reviewed or approved any
plan(s) or specification(s) in connection with the
leased premises, its operation or repairs, maintenance
or improvements relating thereto, or has insurance or
other indemnification covering any of these matters.
21. Disposition of Abandoned Personal Property: If Lessee
abandons the demised premises or is dispossessed thereof by
process of law or otherwise, title to any personal property
belonging to Lessee and left on the demised premises forty-five
(45) days after such abandonment or dispossession shall be deemed
to have been transferred to Lessor. Lessor shall have the right
to remove and to dispose of such property without liability
therefor to Lessee or to any person claiming under Lessee, and
shall not be required to account therefor.
22 . Holding Over: In the event Lessee shall continue in
possession of the demised premises after the term of this Lease,
such possession shall not be considered a renewal of this Lease,
but a tenancy from month to month, and shall be governed by the
conditions and covenants contained in this lease.
23 . Invalid Provision - Severability: It is expressly
understood and agreed by and between the parties hereto that in
the event any covenant, condition or provision contained herein
is held to be invalid by a court of competent jurisdiction, then
invalidity of any such covenant, condition or provision herein
contained shall not invalidate any other covenant, condition or
provision of this agreement; provided that the invalidity of any
such covenant, condition or provision does not materially
prejudice either the Lessor or the Lessee in their respective
rights and obligations contained in a valid covenants, conditions
and provisions in this agreement.
24 . Notices: Any and all notices to be given under this Lease,
or otherwise, may be served by enclosing the same in a sealed
envelope addressed to the party intended to receive the same, at
its address, and deposited in the United States Post Office as
certified mail with postage prepaid. When so given such notice
shall be effective from the date of the mailing of the same. For
the purposes thereof, unless otherwise provided in writing by the
32000L.P50
06/19/90 -9-
parties hereto, the address of the Lessor and the proper party to
receive any such notices on its behalf is:'
Redevelopment Agency of Contra Costa County.
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553
Attn: Deputy Director
with copies to:
Contra Costa County Public 'Works Department
Lease Management
651 Pine Street, 6th Floor
Martinez, CA 94553
and the address of the Lessee is:
San Francisco Bay Area Rapid Transit District
800 Madison St.
P. O. Box 12688
Oakland, CA 94604-2688
Attn: Manager of Real Estate
or to such other address either party shall hereafter specify .by
written notice to the other.
25. Time: Time is of the essence of this lease.
26. Binding on Successors. The covenants and conditions herein
contained shall, subject to the provisions as to assignment,
apply to and bind the heirs, successors, executors,
administrators and assigns of all the parties hereto.
27 . Utility Construction. Lessor, utilities companies or
entities approved by Lessor shall have the right to enter the
demised premises for the purpose of installing or replacing
underground utilities. Lessor shall or shall cause the utility
company or entity to undertake such utility work in a manner
which minimizes to the extent feasible the disruptions to
Lessee' s operations on the demised premises and to restore
Lessee' s improvements to at least the condition they were in
prior to commencement of the utility work.
28 . Trail. Lessee shall permit pedestrian and bicycle traffic
to cross the premises from the north to the south and from the
south to the north. Lessor may enter the premises for the
purpose of installing markings and signs on the premises to
indicate the trail that should be taken by pedestrian and bicycle
traffic through the premises. Such .markings and signs shall be
32000L.P50
06/19/90 -10-
installed at the sole cost of the Lessor including any paving
costs -necessary to accomplish markings on the premises. Any such
markings and signs shall be installed in a manner that does not
eliminate parking spaces on the premises and pursuant to a plan
approved by Lessee which approval shall not be unreasonably
withheld.
29. State of Title. Lessee understands and agrees that its
interest in the demised premises pursuant to this Lease is
subject and subordinate to all liens, encumbrances, easements or
clouds on title of record as of the effective date of this Lease
and to all rights to use or occupy the demised premises that
would be apparent from inspection of the demised premises.
LESSOR LESSEE
CONTRA COSTA COUNTY Bay Area Rapid Transit
REDEVELOPMENT AGENCY, District, a political
a political subdivision of subdivision of the State
the State of California of California
By: By:
Its: Its:
32000L.P50
06/19/90 -11-
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�:
Exhibit 2
Parcel No. 1
A parcel of land situated in the unincorporated area of the
County of Contra Costa, State of California, described as
follows: A portion of the lands described in the deed from
Charles E. Haseltine to the Southern Pacific Railroad Company, a
corporation, dated September 11, 1890 recorded in Book 60 of
Deeds at - Page 119, Records of Contra Costa County, California,
- more particularly described as follows, to wit: A strip or tract
of land one hundred feet wide, lying fifty feet on each side of
the located line of the San Ramon Branch of the southern Pacific
Railroad Company' s railroad, where the same is located through
the Rancho Las Juntas in said County of Contra Costa and being
more particularly described as follows , to wit: Commencing for
the same at a point on the center of the said railroad where said
center line intersects the northerly boundary line of the land
formerly owned by Charles E. Haseltine, at or near survey station
397+87 of said center line and running thence southerly along
said center line of said Southern Pacific Railroad embracing a
strip of land fifty ( 50) feet wide on each side of said center
line, a distance of one thousand one hundred th.i.rty seven ( 1 ,137 )
feet to a point at or near survey station 409+24 of said
centerline, and containing an area of 113 ,700 square feet more or
less. Being Contra Costa County Assessor Parcels 148-180-045 and
148-180-046, and being that certain one hundred ( 100) foot wide
parcel of land described in that certain deed from Charles
Haseltine to the Southern Pacific Railroad recorded in Volume 60
of Deeds -of Contra Costa County, at Page 119 .
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