HomeMy WebLinkAboutMINUTES - 03212000 - HA1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: March 21, 2000
SUBJECT: AUTHORIZE THE EXECUTIVE DIRECTOR TO ENTER INTO A LEASE AGREEMENT
AND ANY OTHER NECESSARY DOCUMENTS FOR SPACE AT 2910 TERRACE WAY,
UNIT 40, MARTINEZ, CALIFORNIA WITH THE MARTINEZ POLICE ACTIVITIES LEAGUE
(PAL)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
AUTHORIZE the Executive Director of the Housing Authority to execute a lease agreement and
any other necessary documents with the Martinez Police Athletic League for 2910 Terrace Way, Unit 40,
Martinez, California.
11. FINANCIAL IMPACT:
The Martinez Police Activities League, a non-profit corporation, shall pay to the Housing Authority
an annual rental of One and no/100 Dollars ($1.00) Payable in advance on the first day of July during the
term and each extension of this Lease.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
In order to provide community services to the youth of the City of Martinez, the Martinez Police
Activities League uses the property at 2910 Terrace Way, Unit 40, Alhambra Terrace Development in
Martinez to operate the PAL program which includes recreation activities, computer learning program and
drug awareness and prevention programs. The residents of Alhambra Terrace use the PAL Center
programs. This lease shall be in effect for the term of three (3) years commencing July 1, 1999 and
ending June 30, 2002.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director to enter into the
Lease Agreement with the Martinez Police Activities League (PAL) of Martinez, the services provided to
the City's youth and residents of Alhambra Terrace may no longer be available, and this would be a
detriment to the community, as well as the development.
ATTACHMENT: YES SIGNATURE_
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON �li.rT7'�- APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMIISSSSIIONERS ON THE DATE SHOWN.
ATTESTED
PHIL BATCHEL ,CLERK.OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY I.sY1 � �.�.,.DEPUTY
BO-PAL LEASE
LEASE
TABLE OF CONTENTS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 409 MARTINET, CALIFORNIA
FOR
MARTINEZ POLICE ACTIVITIES LEAGUE
SECTION A. BASIC TERMS AND CONDITIONS
A.I. PARTIES...........................►►....................►..............►..►...►..........•......................1
A.2. L�EAS�y,�E OF PREMISES ....................................................................►.... .......1
A.3. Ti.f{yRM.....►.........................................................►...............►..............................►1
A.4. RENT....................................►......►.................►..................................................1
A.S. EXTENSION..................................................►................................................I
A.6. USE OF PREMISES.......................................................................................2
A.7. PURPOSE....►.....................►........►....................................................................2
A.8. UTILITIES IES......................................................................................................2
A.9. MAINTENANCE AND REPAIRS................................................................2
A.10. NOTICES.........................................................................................................3
A.11. EXHIBITS AND ATTACHMENTS.............................................................3
A.12. WRITTEN AGREEMENT............................................................................4
A.13. TIME IS OF THE ESSENCE........................................................................4
A.14. SIGNATURE BLOCK....................►.►..►...............................................►.........4
SECTION B. STANDARD PROVISIONS
8.1. HOLDING OVER.................................►.........................................................5
8.2. HOLD HARMLESS .......................................................................................5
8.3. ALTERATIONS, FIXTURES, AND SIGNS ...............................................5
8.4. DESTRUCTION................................►►►...►..........................................►...........5
8.5. QUIET ENJOYMENT...................................►...............................................6
B.V. DEFAULTS.....................................................................................................V
8.7. SURRENDER OF PREMISES......................................................................7
8.8. SUCCESSORS AND ASSIGNS ....................................................................7
8.9. SEVERABILITY ............................................................................................7
B.10. WASTE, NUISANCE......................................................►..............................7
8.11. INSPECTION..................................................................................................8
SECTION C. SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SUBLEASE...................................................................9
C.2. JANITORIAL AND REFUSE COLLECTION SERVICES .....................9
C.3. TERMINATION.............................................................................................9
CA. SHARED USE OF HANDICAPPED TOILET ROOM AND
STORAGEROOM..................................►.............►...................................................9
CA. SHARED USE OF HANDICAPPED TOILET ROOM AND
STORAGEROOM....................................................................................................9
C.S. INS[TRANCE...................................................................................................9
EXHIBITS
EXHIBIT A; PREMISES
PAL Lease 12 21 44.doc
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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 40, MARTINEZ, CALIFORNIA
FOR
MARTINEZ POLICE ACTIVITIES LEAGUE
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on , HOUSING AUTHORITY
OF THE COUNTY OF CONTRA COSTA, hereinafter called "AUTHORITY", and
the MARTINEZ POLICE ACTIVITIES LEAGUE, a non-profit corporation,
hereinafter called "LESSEE", mutually agree and promise as follows.
A.2. LEAF OF PREMISES: AUTHORITY, for and in consideration of the rents,
hereby leases to LESSEE, and LESSEE leases from AUTHORITY those certain
premises described as follows: Exclusive use of the Reception room and Computer
rooms 1&2, together with shared use of the Handicapped Toilet and the Storage room at
Alhambra Terrace Unit 40, a single story building with shared parking within the
Alhambra Terrace Public Housing Development, CAL 11-1, at 2910 Terrace tray,
Martinez, California, as shown on Exhibit "A", attached hereto and made a part hereof,
and hereinafter called the "Premises".
A.3. TEEM: The term of this Lease shall be THREE (3) years, commencing July 1,
1999 and ending June 30, 2002.
A.4. RIEND LESSEE shall pay to AUTHORITY as rent for the use of the Premises an
annual rental of ONE AND NO/100 DOLLARS ($1.00), payable in advance on the first
day of July during the term and each extension of this Lease. Payments shall be mailed
to:
Housing Authority of the County Of Contra Costa
P.O. Box 2759
Martinez CA 94553
A.5. EXTENSION: This Lease may, at the option of the LESSEE, be extended upon
the same terms and conditions as follows:
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PAL Lease 12 21 99.doc
a. First Option: For a TWO (2) year term, commencing July 1, 2002 and
ending June 30, 2004.
b. Second Option: For a TWO (2) year term, commencing July 1, 2004 and
ending June 30, 2006.
It is understood and agreed LESSEE shall give AUTHORITY thirty (30) days
prior written notice of its intention to exercise any option to extend this Lease. However,
in the event LESSEE does not give such written notice, its right to exercise any option
before termination of the Lease shall not expire until fifteen (15) working days after
receipt of AUTHORITY's written demand to exercise or forfeit said option.
A.6. USE OF PREMISES: The Premises shall be used during the term or extension
thereof to provide computer skills and other organized educational and recreational
activities to Alhambra Terrace youth, residents and the surrounding community in order
to assist them in achieving academic skills that are required for high school and college.
A.7. EURPOSE.: The Purpose is to establish a bonding between police officers and
the youth through organized academic and recreational activities.
A-8. U11LIDES: AUTHORITY shall pay for all gas, electric, water, and sewer
services provided to the Premises.
A.9. MAINTENANCE AND REPAIRS:
a. AUTHORITY shall keep the roof and exterior of the building in good
order, condition, and repair and shall maintain the structural integrity of the
building.
b. LESSEE shall keep and maintain the interior of the Premises in good order,
condition, and repair, including the doors and their fixtures, closers and
hinges, glass and glazing, and all locks and key systems used in the
Premises. However, AUTHORITY shall repair damage to the interior
caused by failure to maintain the exterior in good repair, including damage
to the interior caused by roof leaks and/or interior and exterior wall leaks.
C. LESSEE shall repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair.
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PAL Lease 12 21 99.doc
d. AUTHORITY shall maintain and repair the heating, ventilating, and air-
conditioning systems.
e. AUTHORITY shall maintain the parking lot and exterior lighting system in
good order, condition, and repair.
f. AUTHORITY shall provide and install, at the direction of the Fire Marshal,
• - the necessary number of A-B-C fire extinguishers for the Premises.
g. LESSEE shall not suffer any waste on or to the demised Premises.
h. AUTHORITY shall be responsible for the correction of any code violations
which may exist in the Premises, provided AUTHORITY shall not be liable
for correction of code violations which arise out of and are directly related
to a change in LESSEE's occupancy or use of the Premises.
A.10. N0110ES: 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 AUTHORITY: Housing Authority of the County Of Contra Costa
P.O. Box 2759
Martinez CA 94553
To LESSEE: Martinez Police Activities League
29 10 Terrace Way
Unit 40
Martinez, CA 94553-4711
A.11. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section
C, Special Provisions, and Exhibit A—Premises are attached to this Lease and are made a
part hereof.
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PAL Lease 12 21 99.doc
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A.12. 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.13. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.14. SIGNATURE BLOCK
A11THOR11Y LESSEE
HOUSING AUTHORITY OF THE MARTINEZ POLICE ACTIVITIES
COUNTY OF CONTRA COSTA LEAGUE, a non-profit corporation
B_ By
Executive Director
By
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PAL Lease 12 21 99.doc
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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 409 MARTINEZ, CALIFORNIA
FOR
MARTINEZ POLICE ACTIVITIES LEAGUE
SECTION B: STANDARD PROVISIONS
B.I. 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.
8.2. HOLD HARMLESS: LESSEE shall indemnify, save, protect, and hold harmless
the AUTHORITY, its officers, agents and employees, from any and all claims, costs, and
liability, including reasonable costs and attorneys fees, for any damage, injury, or death,
including without limitation all consequential damages, from any cause whatsoever to
persons or property arising directly or indirectly from or connected with this Lease,
LESSEE 's operations, or LESSEE 's use or possession of the leased premises, save and
except claims or litigation arising through the sole negligence or sole willful misconduct
of AUTHORITY, its officers, agents, or employees, and, if requested by AUTHORITY,
will defend any such actions at the sole cost and expense of LESSEE.
8.3. ALI +-RA,TION ,FIXURES, AND SIGNS: LESSEE may make any lawful
and proper minor alterations, attach fixtures and signs in or upon the Premises, which
shall remain LESSEE property and must be removed therefrom by LESSEE at the
termination of this Lease, restoring the Premises to its original condition, reasonable wear
and tear excepted. Any such alterations, signs or fixtures shall be at LESSEE's sole cost
and expense, and all signs shall meet with existing code requirements and
AUTHORITY's approval.
BA. DESIR TION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Lease or extension thereof from any cause, and repairs can
be made within sixty (60) days from the date of the damage under the
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PAL Leese 12 21 99.doc
541-0)
applicable laws and regulations of governmental authorities, AUTHORITY
shall repair the damage promptly and within a reasonable time, but such
partial destruction shall not void this Lease.
b. if such repairs cannot be made in sixty (60) days, AUTHORITY may, at its
option, make the same within a reasonable time, and, LESSEE or
- - AUTHORITY may elect to terminate this Lease.
C. A total destruction of the Premises or the building in which the Premises
are located shall terminate this Lease.
B,S, QUIET EDJJ }YMENT: AUTHORITY covenants that LESSEE shall at all times
during the term or extension thereof peaceably and quietly have, hold, and enjoy the
demised Premises without suit, trouble or hindrance from or on account of AUTHORITY
as long as LESSEE fully performs hereunder.
B.6. DEFAULIS„: The occurrence of any of the following shall constitute an Event of
Default under this Agreement:
A. Event of Default by LESSEE
A. LESSEE's failure to comply with any material term or provision of this Lease
if such failure continues thirty (30) days after written notice of failure from
AUTHORITY to LESSEE specifying in reasonably sufficient detail the nature
of said breach. if the required cure of the noticed default cannot be completed
within thirty (30) days, LESSEE's failure to perform shall constitute a default
under the Lease unless LESSEE has attempted to cure the default within said
thirty (30) day period and has diligently and continuously attempted to
complete the cure as soon as reasonably possible.
On the occurrence of an Event of Default by LESSEE, AUTHORITY may re-enter and
repossess the Premises and remove all persons and property therefrom after giving
LESSEE written notice of such default and in accordance with due process of law.
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PAL Lease 12 21 99.doe
B. Event of Default by AUTHORITY
1. AUTHORITY's failure to perform any of its obligations under this Lease shall
constitute a default by AUTHORITY if the failure continues for thirty (30)
days after written notice of the failure from LESSEE to AUTHORITY. If the
required cure of the noticed default cannot be completed within thirty (30)
days, AUTHORITY's failure to perform shall constitute a default under the
Lease unless AUTHORITY has attempted to cure the default within said thirty
(30) day period and has diligently and continuously attempted to complete the
cure as soon as reasonably possible.
On the occurrence of an Event of Default by AUTHORITY, LESSEE may terminate this
Lease and quit the Premises without further cost or obligation.
B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner
termination of this Lease, LESSEE will peaceably and quietly leave and surrender to
AUTHORITY these Premises with their appurtenances and fixtures (except signs and
fixtures referred to hereinabove) in good order, condition, and repair, excepting for
reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the
elements, by Act of Cod, by circumstances over which LESSEE has no control or instead
of performing its obligations in Maintenance and Repairs paragraph A9. - sections b & c.
LESSEE shall not be liable for painting the interior of the demised Premises upon
termination of this Lease.
B.$. 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.9. SEYERABIL.IT" : In the event that any provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision does
not materially prejudice either the LESSEE or AUTHORITY in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. WASTE, NUISANCE: LESSEE shall not commit, or suffer to be committed,
any waste upon the leased Premises, or any nuisance or other act or thing which may
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PAL Leese 12 21 99.doe
disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the
leased Premises are located.
8.11. INSPECTION: The AUTHORITY reserves the right to enter the Premises by
prior appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through
Friday, holidays excepted, and to employ the proper representative or contractor in order
• to see that the property is being reasonably cared for, that no waste is being made, and
that all things are done in the manner best calculated for the preservation of the property,
and in full compliance with the terms and conditions of this Lease.
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PAL Lease 12 21 99.doc
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MOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
2910 TERRACE WAY, UNIT 409 MARTINEZ, CALIFORNIA
FOR
MARTINEZ POLICE ACTIVITIES LEAGUE
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNME OR SUBLEASE: LESSEE shall not have the right to assign
this Lease or sublease the Premises or any part thereof at any time during the term of this
Lease or extension thereof without the prior written consent of AUTHORITY.
C.Z. JANITORIAL AND REEDSSCO LECTION SERVICES: It is understood
and agreed LESSEE shall provide at its own cost,janitorial services and refuse collection
services for the Premises.
C.3. TERMINADQN: LESSEE shalt have the right to terminate this Lease at any
time, by giving AUTHORITY THIRTY (30) days prior written notice, and,
AUTHORITY shall have the right to terminate this Lease at any time, by giving LESSEE
THIRTY (30) days prior written notice.
However, LESSEE shall also have the right to terminate this Lease at any time
with personal delivery of written notice in lieu of performing its obligations as described
in Maintenance and Repairs paragraph A.9. - sections b. and c. above.
CA. SHARED USE OF HANDICAPPED TOILET ROOM AND STORAGE
ROOM: It is understood and agreed that AUTHORITY and LESSEE shall share the use
of the Handicapped Toilet Room and Storage Room.
C.5. INSURANCE: LESSEE agrees, at no cost to AUTHORITY, to obtain and
maintain during the term of this lease, comprehensive liability insurance with a minimum
combined single—limit coverage of not less than ONE MILLION DOLLARS
($1,000,000) for all claims or losses due to bodily injury, sickness or disease or death to
any person or damage to any property, including loss of use thereof arising out of each
accident or occurrence, and to name AUTHORITY, its officers, agents and employees as
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additional insured thereunder. Said coverage shall provide for a THIRTY (30) day
written notice to AUTHORITY of cancellation or lapse. Evidence of such coverage shall
be furnished to AUTHORITY prior to execution of this Lease.
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PAL Lease 12 21 99.doc
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EXHIBIT "A„
PREMISES
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