HomeMy WebLinkAboutMINUTES - 07181995 - C68 l
To: BOARD OF SUPERVISORS
S x
Con a
,417
.. _ .�
FROM: Barton J. Gilbert, Director of General Services
Cost
.a
Coun
DATE: July 18, 1995 A 0105--
SUBJECT: LEASE - BALBOA SCHOOL SITE, 1001 SOUTH 57TH STREET, RICHMOND
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION
APPROVE a short-term Lease with the West Contra Costa Unified School District (WCCUSD) and
AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County.
DETERMINE that the above project is a Class Twenty-Two (22) Categorical Exemption under the
California Environmental Quality Act.
I
DIRECT the Director of Community Development to FILE a Notice of Exemption with the County
Clerk.
II. FINANCIAL IMPACT
The payrnents required for this Lease are in the budget of the Community Services Department.
III. REASONS FOR RECOMMENDATION/BACKGROUND
This Lease will allow the Community Services Department to obtain immediate occupancy of the
Balboa School site which is needed to prepare the premises for the transfer of Head Start classes
from Nystrom School by September 1, 1995.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON kLo.. APPROVED AS RECOMMENDED OTHER
CY
VOTE OF SUPERVISORS
✓ UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT:_ ABSTAIN: I HEREBY 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 ON THE DATE SHOWN.
CC: County Administrator(via UM)
County Auditor-Controller(via UM) ATTESTED
Community Services Department(via UM) PHII_10T614R,CLEA OF THE BOARD OF
Risk Management(via UM) SUPERVISOR AND COUNTY ADMINISTRATOR
County Counsel(via UM)
Lessor(via UM)
Orig: General Services-UM
BY �'uww' • , DEPUTY
q�
WAP:dp BalboaBo.795 M382 (10/88)
Balboa School Site
1001 South 57th Street
Richmond, California
LEASE AGREEMENT
TABLE OF CONTENTS
AGE
1 . PAR.TIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 . LEASED PREMISES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 2
4 . TERM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5 . RENTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6 . UTILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 , 3
7 . USE:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8 . HOLD HARMLESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 , 5
9 . INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4, 5, 6, 7
10 . TAXES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11 . MAINTENANCE AND REPAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 . IMPROVEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9
13 . SUBLEASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 . DEFAULT BY COUNTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 . HOLDING OVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 . NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 . GOVERNING LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 . VENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 , 11
19 . SUCCESSORS AND ASSIGNS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20 . ATTORNEYS ' FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 . PRIOR AGREEMENTS; AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 12
22 . SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 . QUIET ENJOYMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
July 17, 1995
indemnify and save District harmless from and against any liability
or damages on such account .
7 . USE.
7. 01 Permitted Use. County shall use the Property for Contra
Costa County Community Services Department Programs which
activities include but are not limited to Head Start, Child
Development, Child Nutrition, Health Care, School-Linked Projects,
Office and Administrative uses, and such other uses related to
County services in the West County area.
7 . 02 Prohibited Uses. County shall not use or occupy the
Property in violation of law, and shall, upon thirty (30) days
written notice from District, discontinue any use of the Property
which is declared by any governmental authority having jurisdiction
to be a violation of law. County shall comply with any direction
of any governmental authority having jurisdiction which shall, by
reason of the nature of County' s use of occupancy of the Property,
impose any duty upon County or District with respect to the
Property or with respect to the use or occupation thereof . County
shall not cause, maintain or permit any nuisance in, on or about
the Property, and shall not commit or suffer to be committed any
waste in or upon the Property.
8 . HOLD HARMLESS . County agrees to indemnify and hold harmless
the District 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 .
District agrees to indemnify and hold harmless the County from
the District ' s share of any and all claims, costs and liability for
July 17, 1995 -3-
any damages, injury or death of any person or the property of any
person, including attorneys ' fees, arising out of negligent acts,
error or omissions of the District, its agents or employees .
9 . INSURANCE.
9 . 01 Liability Insurance. Except as hereinafter provided,
County shall, throughout the term of this Lease, at its sole
discretion and expense, either institute a program of self-
insurance or procure or cause to be procured and maintain a
standard comprehensive general liability insurance policy or
policies in protection of County and of District and its agents,
and employees, indemnifying said parties against all direct or
contingent loss or liability for damages for personal injury, death
or property damage occasioned by reason of County' s occupancy or
operation of the Premises and the Project and naming both the
County and District as insureds, with minimum liability limits of
One Million and No/00 Dollars ($1, 000, 000 . 00) for personal injury
or death of each person and Three Million and No/100 Dollars
($3 , 000, 000 . 00) for personal injury or deaths of two (2) or more
persons in each accident or event, and in a minimum amount of Two
Hundred Thousand and No/100 Dollars ($200, 000 . 00) for damage to
property resulting from each accident or event . Such public
liability and property damage insurance may, however, be in the
form of a single-limit policy in the amount of Three Million and
No/100 Dollars ($3 , 000, 000 . 00) covering all such risks . Such
liability insurance may be maintained as part of or in conjunction
with any other liability insurance carried by County. If County
self insures, it shall establish reserves sufficient, in accordance
with generally accepted principles of self insurance, to cover the
losses which would otherwise be covered by the commercial policies
July 17, 1995 -4-
herein described and shall provide District with reasonable
evidence of County' s self-insurance program.
9 . 02 Rental Interruption or Use and Occupancy Insurance.
County, at its sole expense, shall procure or cause to be procured
and maintain or cause to be maintained (including, without
limitation thereby, cause the District to procure and maintain, at
County' s sole expense, which District shall in all cases do,
without fee or charge, upon written request of County) , throughout
the term of this Lease, rental interruption or use and occupancy
insurance to cover loss, total or partial, of the Rental income
from or the use of the Project as the result of any of the hazards
covered by the insurance required by Paragraph 9 . 03 hereof, in an
amount sufficient to pay the part of the total rent hereunder
attributable to the portion of the Project rendered unusable
(determined by reference to the proportion which the acquisition
cost of such portion bears to the acquisition cost of the Project)
for a period of at least two (2) years, except that such insurance
may be subject to a deductible clause of not to exceed Eight
Thousand Five Hundred and No/100 Dollars ($8, 500 . 00) . Any proceeds
of such insurance shall be applied to abated Rental .
9 „ 03 Fire and Extended Coverage Insurance . County shall, at
its sole expense, procure and maintain throughout the term of this
Lease, insurance against loss or damage to any structures
constituting any part of the Demised Premises or the Project by
fire and lightning, with extended coverage insurance, vandalism,
. and malicious mischief insurance . Said insurance may be provided
in whole or in part by the County' s self-insurance program. Said
extended coverage insurance shall cover loss or damage by
explosion, windstorm, riot, aircraft, vehicle damage, smoke, and
July 17, 1995 -5-
such other hazards as are normally covered by such insurance. Such
insurance shall be in an amount at least equal to the lesser of (i)
the replacement cost (without deduction for depreciation) of all
structures constituting any part of the Project, excluding the cost
of excavations, of grading and filling, and of the land, and (ii)
an amount sufficient to enable all Rental then unpaid to be paid,
except that such insurance may be subject to deductible clauses for
any one loss of not to exceed $25, 000 . 00 .
In the event of any damage to or destruction of any part of
the Demised Premises or the Project, County, except as hereinafter
provided, shall cause the proceeds of such insurance to be paid to
a trustee selected by District (the "Trustee") with the advice and
consent of County, which consent shall not be unreasonably
withheld. The Trustee shall be a reputable financial institution
with a net worth in excess of Ten Million and No/100 Dollars
($10, 000, 000 . 00) situated in California. The Trustee shall
disburse such insurance proceeds in a manner to ensure that all
such proceeds are utilized for repair, reconstruction or
replacement of the Project and Demised Premises to at least the
same good order, repair, and condition as it was in prior to the
damage or destruction, insofar as the same may be accomplished by
the use of said proceeds . Any balance of said proceeds not
required for such repair, reconstruction or replacement shall be
applied first to any prepayment of rental payment, and then to the
prepayment of Rental payments as provided in Paragraph 5 . 02 hereof .
In no event shall District or County be obligated to repair,
restore or reconstruct any of the Demised Premises or the Project
except to the extent insurance proceeds are available .
9 . 04 Form of Insurance Policies . All policies of insurance
July 17, 1995 -6-
required by this Lease shall name both County and District as
insureds and provide that both District and County shall be given
thirty (30) days notice prior to each expiration thereof or any
effective cancellation thereof or reduction of the coverage
provided thereby. County shall pay when due the premiums for all
insurance policies required by this Lease, except as otherwise
provided, and shall deliver certificates of insurance to District
when such insurance is issued or amended. District may, but is not
required to, secure replacement coverage for any insurance required
hereunder if County fails to do so, and all amounts so advanced by
District shall be additional Rental due and payable on demand and
bearing interest at the rate announced by the Bank of America
National Trust and Savings Association, at its San Francisco,
California, headquarters as its "reference rate" plus two percent
(2a) or the maximum lawful rate, whichever is lower, from the date
of demand.
10 . TAXES-.
10 . 01 Real Property Taxes . County shall be responsible for
paymentof all real property taxes applicable to the property.
10 . 02 Personal Property Taxes . County shall be responsible
for payment of all personal property taxes that may be assessed
against: fixtures, furnishings, or any other personal property
located on the property and shall hold District harmless from same.
July 17, 1995 -7-
11 . MAINTENANCE AND REPAIRS.
11 . 01 District makes no representation or warranties
concerning whether the leased premises shall be in good and
suitable condition for the uses contemplated herein and County
acknowledges that it has made its own inspection of the property
and investigation into its suitability during the Feasibility
Period set forth in the Agreement .
11 . 02 During the term of this Lease, the cost of all
maintenance and repair, both ordinary and extraordinary, of the
Leased Premises shall be the sole responsibility of County, which
shall at all times maintain or otherwise arrange for the
maintenance of the Premises, including building site improvements
and landscaping, in first-class condition, and shall pay for or
otherwise arrange for the payment of the costs of repair and
replacement resulting from ordinary wear and tear or want of care
on the part of County or any other cause.
12 . IMPROVEMENTS .
12 . 01 Permitted Improvements . County shall have the right,
upon written approval by District, which approval shall not be
unreasonably withheld, to construct tenant improvements or
buildings or other structures as County deems necessary at its sole
cost and expense. Any such alterations and improvements made, and
fixtures installed, by County which are removable in nature shall
remain the County' s property and may be removed by County at or
prior to the expiration of this Lease provided, however, that such
removal does not cause injury or damage to the leased premises .
12 . 02 Permits and Licenses . No improvements of any type
shall be undertaken until County shall have procured and paid for
all permits and authorization as may be required by governmental
July 17, 1995 -8-
agencies or departments having jurisdiction. District shall join
in the application for such permits or authorization whenever such
action is necessary, provided, however, that District shall incur
no liability or expense in connection therewith.
13 . SUBLEASES.
13 . 01 County may, from time to time, sublet portions of the
Leased Premises on terms and conditions not inconsistent with this
Lease, provided that each sublease shall recite that it is subject
to and subordinate to the terms of this Lease .
14 . DM]FAULT BY COUNTY.
14 . 01 Defaults . The occurrence of any of the following
shall constitute a material default and breach of this Lease by
County..
(a) Any failure by County to pay the rental or to make
any other payment required to be made by County hereunder or under
the Option to Lease Agreement when due .
(b) A failure by County to perform any other provisions
of this Lease to be performed by County, where such failure
continues for thirty (30) days after written notice thereof by
District or County; provided, however that if the nature of such
default is such that the same cannot reasonably be cured with such
thirty (30) day period, County shall not be deemed to be in default
if County shall within such period commence such cure and
thereafter diligently prosecute the same to completion.
(c) In the event of any such default by County where
County does not diligently proceed to remedy such default, then, in
addition to any other remedies available to District at law or in
equity and subject to any limitation imposed by applicable law,
District shall have the option to terminate this Lease by giving
July 17, 1995 -9-
written notice of such intention.
15 . HOLDING OVER. Any holding over after the term or extension 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. Rent for any partial month of possession shall
be prorated.
16 . NOTICES . Any notice, tender or delivery to be given under
this Agreement by any part hereto may be effected by mail, postage
pre-paid, return receipt requested. Mailed notices must be
addressed as set forth below, but each party may change its address
by written notice in accordance with this paragraph.
Notice to District should be sent to:
West Contra Costa Unified School District
1108 Bissell Avenue
Richmond, CA 94804
Attn: Dr. Herbert Cole, Superintendent
Notice to County should be sent to:
Contra Costa County
General Services Department
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
Attn: Alan Pfeiffer
Notice to Escrow Holder should be sent to:
Chicago Title Insurance Co.
590 Ygnacio Valley Road
Walnut Creek, CA 94596
Attn:
17 . GOVERNING LAWS. This lease shall be governed by and construed
pursuant to the laws of the State of California.
18 . VENUE. Any action at law or in equity brought by either of
the parties hereto for the purpose of enforcing a right of rights
provided for by this Lease shall be tried in a court of competent
jurisdiction in the County of Contra Costa, State of California,
and the parties hereto waive all provisions of law providing for a
July 17, 1995 -10-
change of venue in such proceedings to any other county.
19 . BaCCESSORS AND ASSIGNS. Except as otherwise provided in this
Lease, all of the covenants, conditions and provisions of this `
Lease shall be binding upon and shall inure to the benefit of the
parties hereto and their respective heirs, personal
representatives, successors and assigns .
20 . ATTORNEYS ' FEES.
(a) If either party commences an action against the other to
enforce any of the terms hereof or because of the breach by either
party of any of the terms hereof, the losing party shall pay to the
prevailing party reasonable attorneys fees and expenses .
(b) Should District be named as a defendant in any suit
brought against County in connection with or arising out of
County' s occupancy hereunder, County shall pay to District its
costs and expenses incurred in such suit, including reasonable
attorneys fees.
(c) County shall indemnify and hold District harmless from
and against any and all claims and liabilities of every kind,
including all costs, liens, losses, and expenses, including
reasonable attorneys ' fees and costs, arising out of or in
connection with County' s (including County' s agents, independent
contractors or other persons or entities entering upon the property
at the request of County) activities on the property, excluding any
losses, claims, liabilities or expenses which result from the sole
negligence or willful misconduct of the District, its agents or
employees, or which result solely and directly from any discovery
of the presence of hazardous substances or toxic materials on, in
or under the property.
21 . PRIOR AGREEMENTS; AMENDMENTS. This Lease, contains all of the
July 17, 1995 -11-
agreements of the parties hereto with respect to any matters
covered or mentioned by said documents, and no other amendments or
understanding pertaining to any such matter shall be effective for
any purpose. No provision of this Lease may be amended or added
except by an agreement in writing signed by the parties hereto or
their respective successors in interest .
22 . SEVERABILITY. Any provision of this Lease which shall prove
to be invalid, void or illegal in no way alters, impairs or
invalidates any other provision hereof, and such other provisions
shall remain in full `force and effect .
23 . QUIRT ENJOYMENT. District covenants and agrees that County,
upon paying the rent and all other charges herein provided for and
observing and keeping all covenants, agreements, and conditions of
this Lease on its part to be observed and kept, shall quietly have
and -enjoy the Leased Premises during the term of the Lease without
hindrance by anyone claiming by or through District, subject,
however, to the exceptions, reservations and conditions of this
Lease.
24 . EZ:ECUTION IN COUNTERPARTS. This Lease may be executed in any
number of counterparts, each of which shall be an original and all
of which shall constitute one and the same instrument .
July 17, 1995 -12-
25 . TIME IS OF THE ESSENCE. Time is of the essence with respect
to the performance of every provision of this Lease.
COUNTY WEST CONTRA COSTA
UNIFIED SCHOOL DISTRICT
By By
Director of General Services President, Board of Education
RECOMMEND FOR APPROVAL: By
Superintendent of Schools
By
Director of Community Services
By By
Deputy County Administrator Trustee, Board of Education
BY
Deputy General Services Director
By
Lease Manager
APPROVED AS TO FORM:
VICTOR J. WESTMAN, COUNTY COUNSEL
By
Deputy
-WCCSDEXA. 395
July 17, 1995 -13-
LEASE
BALBOA SCHOOL SITE
1001 South 51 Street
Richmond, California
EXHIBIT "1"
PROPERTY DESCRIPTION
The land referred to is situated in the State of California,
County of Contra Costa, City of Richmond, and is described as
follows:
PARCEL ONE:
Lots 1 through 18 inclusive and Lots 31 through 48 inclusive, in
Block 15, as shown on the Map entitled "Complete Map of Bay View
Park, " filed April 4 , 1905, in Map Book "D" at Page 86, Contra
Costa County Records .
PARCEL TWO:
The North 12 feet of Jefferson Avenue , ( formerly known as Park
Avenue) , lying between the southerly production of the West line of
Lot 18, Block 15 and the West line of South 57th Street, as shown
on the Map entitled "Complete Map of Bay View Park" filed April 4 ,
1905 in Map Book "D" at Page 86, Contra Costa County Records .
EXCEPTING THEREFROM the above described Parcels
1 . That portion thereof described in the Deed to the State of
California, recorded June 19, 1944 in Book 793, OR, Page 12 .
2 . •.Chat portion thereof described in the Deed to the State of
California, recorded December 3, 1958 in Book 2234, OR, Page
284 .
WCCSDEX1.395
March 14, 1995
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