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HomeMy WebLinkAboutMINUTES - 06271995 - C76 TO: BOARD OF SUPERVISORS Contra" R� L Costa FROM: Barton J. Gilbert, Director of General Services _ 's a County DATE: June 27, 1995 SUBJECT: Lease - Balboa School, 1001 South 57th Street, Richmond SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE the assignment of the County's interest in the Agreement with Option to Purchase and Lease with the West Contra Costa Unified School District (WCCUSD) for Balboa School, to the Contra Costa County Public Facilities Corporation (CCCPFC); AUTHORIZE the Director of General Services to execute said assignment on behalf of the County; AUTHORIZE the Director of General Services to EXECUTE a lease with the CCCPFC for Balboa School and to EXECUTE a second amendment to the Agreement with WCCUSD to extend the feasibility period to August 8, 1995. II. FINANCIAL IMPACT: The payments required are in the budget of the Community Services Department. III. RE ASONS FOR RECOMMENDATIONS/BACKGROUND: This assignment will enable the County to comply with the regulations of the U.S. Department of Health and Human Services for funding of Head Start facilities as requested by the Community Services Department. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: -1HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN MEDIA CONTACT: BARTON J.GILBERT(313-7100) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS QON THE DATE SHOWN. CC: County Administrator(via UM) ATTESTED . -t���. /. County Auditor-Controller(via UM) PHIL TCHELOR,CLERK THE BOARD OF Community Services Department(via UM) SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel(via UM) Risk Management(via UM) i Lessee(via UM) BY DEPUTY Orig:General Services UM 4 41.0 TE:mak 1001s57.bo1 M382 (10/88) / CI LEASE TABLE OF CONTENTS 1001 South 57th Street Richmond, California CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION TO CONTRA COSTA COUNTY SECTION A: BASIC TERMS AND CONDITIONS PAGE A.1. PARTIES AND EFFECTIVE DATE. 1 A.2. LEASE OF PREMISES. 1 A.3. TERM. 1 A.4. RENT. 1 A.5. UTILITIES AND JANITORIAL. 1 A.6. MAINTENANCE AND REPAIRS. 2 A.7. NOTICES. 2 A.8. EXHIBITS AND ATTACHMENTS. 2 A.9. WRITTEN AGREEMENT. 3 A.10. TIME IS OF ESSENCE. 3 A.11. SIGNATURE BLOCKS. 3 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER. 4 B.2. USE OF PREMISES. 4 B.3. HOLD HARMLESS. 4 B.4. ALTERATIONS, FIXTURES, AND SIGNS. 4 B.5. DESTRUCTION. 5 B.6. QUIET ENJOYMENT. 5 B.7. DEFAULTS. 6 B.8. SURRENDER OF PREMISES. 6 B.9. SUCCESSORS AND ASSIGNS. 6 B.10. SEVERABILITY. 6 B.11. WASTE; NUISANCE. 6 B.12. WAIVER. 7 SECTION C: SPECIAL PROVISIONS C.1. INSURANCE. 8 C.2. SUBLETTING. 8 C.3. TERMINATION. 8 EXHIBITS EXHIBIT A: PREMISES. r LEASE 1001 South 57th Street Richmond, California CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION TO COUNTY OF CONTRA COSTA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY," and CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION, a nonprofit public benefit corporation, hereinafter called "LESSOR," mutually agree and promise as follows: A.2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from LESSOR those certain premises described as follows: Approximately 10,827 square feet of classrooms, playground and office space commonly known as 1001 South 57th Street, Richmond, California, as shown on Exhibit "A" attached hereto and made a part hereof. A.3. TERM: The term of the Lease shall be two (2)years, commencing July 5, 1995 and ending July 4, 1997. A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of said premises a monthly rent of FIVE THOUSAND THREE HUNDRED FIFTY-NINE AND 501100 DOLLARS ($5,349.50), payable in advance on the first day of each month during the term of this Lease. Payments shall be mailed to: CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION Attention: Accounting Division 1220 Morello Avenue, Suite 200 Martinez, CA 94553-4711 A.5. UTILITIES AND JANITORIAL: COUNTY shall pay for all gas, electric, water, sewer,janitorial services, and refuse collection provided to the demised premises. -1- A.6. 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 C. COUNTY shall repair and maintain the electrical, lighting, water, and plumbing systems in good order, condition, and repair. D. COUNTY shall maintain and repair the heating, ventilating, and air-conditioning systems. E. COUNTY shall maintain the landscaping, fences, sprinkler system, and exterior lighting system in good order, condition, and repair. F. COUNTY shall not suffer any waste on or to the demised premises. G. COUNTY shall be responsible for the correction of any code violations which may exist in the premises. A.7. 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 LESSOR: Contra Costa County Public Facilities Corporation 1220 Morello Avenue, Suite 100 Martinez, CA 94553 To COUNTY: County of Contra Costa General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553 A.8. EXHIBITS AND ATTACHMENTS: Exhibit A, Premises, Section B, Standard Provisions, and Section C, Special Provisions, are attached to this Lease and are made a part hereof. -2- A.9. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a writing signed by both parties. The headings of the paragraphs are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. A.10. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.11. COUNTY LESSOR COUNTY OF CONTRA COSTA, a CONTRA COSTA COUNTY PUBLIC political subdivision of the State of FACILITIES CORPORATION, California By By Director of General Services RECOMMENDED FOR APPROVAL: By BY BY Deputy County Administrator By By Deputy General Services Director By Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel By Deputy -3- LEASE 1001 South 57th Street Richmond, California CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION TO COUNTY OF CONTRA COSTA SECTION B: STANDARD PROVISIONS 11.1. HOLDING OVER: Any holding over after the term of this Lease as provided hereinabove shall be construed to be a tenancy from month to month, subject to the terms of this Lease so far as applicable. B.2. USE OF PREMISES: The premises shall be used during the term and any holding over thereof as a Head Start site and administrative offices and for no other purpose without written consent of LESSOR. 11.3. HOLD HARMLESS: It is understood and agreed that LESSOR shall not in any way be responsible for any damage, injury or death to any persons or property, in and upon the leased premises and shall not be held liable for any liability, claim, or suit for damages in conjunction with the use of said premises during said term of this LEASE. COUNTY hereby agrees to indemnify, save, and hold harmless LESSOR and its officers, agents, and employees from any and all claims, costs, and liability, including attorneys' fees, for any damage, injury or death to persons or property arising directly or indirectly from COUNTY's use of the premises, save and except claims or litigation arising through the sole negligence of LESSOR. B.4. ALTERATIONS, FIXTURES,AND SIGNS: COUNTY agrees not to make or suffer to be made, any alterations to said premises or any part thereof without the written consent of LESSOR and any additions or alterations to the said premises, except movable furniture and trade fixtures, shall become at once a part of realty and belong to LESSOR. COUNTY agrees that if any such alterations, changes or additions are to be made, same shall not be commenced until five (5) days after receipt of the written consent of LESSOR required by this paragraph, in order that LESSOR may post appropriate notices to avoid any liability on -4- account thereof. COUNTY agrees to indemnify and save harmless LESSOR from all liens, claims or demands arising out of work performed, materials furnished or obligations incurred by or for COUNTY upon said premises during said term, and agrees not to suffer any such lien or other lien to be created. B.5. DESTRUCTION: 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 said damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, 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, COUNTY 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 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 Lease 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 Lease. B.6. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the said term peaceably and quietly 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. -5- 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 Lease 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 rent 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 the said term, or sooner termination of this Lease, COUNTY will peaceably and quietly leave and surrender to LESSOR these premises with their appurtenances and fixtures (except signs 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 Act of God, or by circumstances over which LESSOR has no control excepted. B.9. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease 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 Lease. B.11. WASTE; NUISANCE: COUNTY shall not commit, or suffer to be committed, any waste upon the leased premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of the LESSOR. LESSEE shall conform its use and occupancy of the premises to the standards and modes of use applicable to a first-class building. -6- B.12. WAIVER: The waiver by LESSOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by LESSOR shall not be deemed to be a waiver of any preceding breach by COUNTY of any term, covenant or condition of this Lease, other than the failure of COUNTY to pay the particular rent so accepted, regardless of LESSOR's knowledge of such preceding breach at the time of acceptance of such rent. -7- LEASE 1001 South 57th Street Richmond, California CONTRA COSTA COUNTY PUBLIC FACILITIES CORPORATION TO COUNTY OF CONTRA COSTA SECTION C: SPECIAL PROVISIONS CA. INSURANCE: COUNTY agrees, at no cost to LESSOR, to obtain and maintain during term of this Lease, comprehensive liability insurance with a minimum combined single-limit coverage of$500,000 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 to name Contra Costa County Public Facilities Corporation,its officers, and agents as additional insured thereunder. Said coverage shall provide for a thirty (30) day written notice to LESSOR of cancellation or lapse. C.3. SUBLETTING: COUNTY shall not assign this tenancy or any interest therein and shall not sublet said premises or any part thereof without the prior written consent of LESSOR, and a consent to one assignment or subletting by another person shall not be deemed to be a consent to any subsequent assignment or subletting by another person. Any such assignment or subletting without the LESSOR's consent shall be void. CA. TERMINATION: It is understood and agreed that COUNTY shall have the right to terminate this lease by giving LESSOR thirty (30) days prior written notice. TE: 1001s57. SE —g— SECOND AMENDMENT TO AGREEMENT WITH OPTION TO PURCHASE Balboa School Site 1001 South 57th Street Richmond, California 1. PARTIES: Effective on the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY," and the WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, hereinafter called "DISTRICT", mutually agree and promise as follows: 2. PURPOSE: The parties desire to amend that AGREEMENT WITH OPTION TO PURCHASE entered into between DISTRICT and COUNTY, effective December 6, 1994, as amended June 13, 1995, for the Balboa School Site, Richmond, California, in order to extend the term of the Feasibility Period to end on August 8, 1995. 3. AMENDMENTS: The first sentence of Paragraph 4. FEASIBILITY PERIOD. shall be replaced with the following: The Feasibility Period shall commence on March 15, 1995 and shall continue to and including August 8, 1995 unless terminated as provided hereinbelow. The final two sentences of Paragraph 5. DEPOSIT. shall be replaced with the following: In the event this Agreement is terminated for any reason on or before August 8, 1995 as set forth herein, COUNTY shall be entitled to receive the return of the Twenty-Five Thousand and No/100 Dollars ($25,000.00) deposit. In the event that this Agreement is not terminated on or before August 8, 1995, the deposit shall be disbursed to DISTRICT in consideration of the granting of this Agreement. The first sentence of Paragraph 9. EXERCISE OF AGREEMENT,shall be replaced with the following: At the conclusion of the Feasibility Period on August 8, 1995, if this Agreement has not been sooner terminated as set forth in Paragraph 4 above, COUNTY may lease the premises by submitting to Escrow Holder five (5) copies of the Lease attached -1- hereto as Exhibit "A", signed by an authorized official of the COUNTY, with a Memorandum of Lease in form intended for recording, together with the sum of Three Hundred Seventy Five Thousand and No/100 Dollars ($375,000.00) for payment to DISTRICT. 4. EFFECT: Except for the amendment agreed to herein, the Agreement of December 6, 1994, as amended June 13, 1995, remains in full force and effect. COUNTY DISTRICT COUNTY OF CONTRA COSTA, a WEST CONTRA COSTA UNIFIED political subdivision of the State of SCHOOL DISTRICT California By By Director of General Services President, Board of Education RECOMMENDED FOR APPROVAL: By Superintendent of Schools By By Director of Community Services Trustee, Board of Education By Deputy County Administrator By Deputy General Services Director By Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel By Deputy TE:to wccsdopt.am2 -2-