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Home My WebLink AboutMINUTES - 05162000 - C109 TO: BOARD OF SUPERVISORS [Ws. FROM: Barton J. Gilbert, Director of General Services Contra Costa DATE: May 16, 2000 County SUBJECT: NEW LICENSE - 604 Ferry Street, Martinez BLDG. NO. 604 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION APPROVE a License, commencing May 17, 2000, with McMahon-Telfer Properties, John W. Telfer, Manager, for 604 Ferry Street, Martinez, for use by the Employee Wellness Program, under the terms and conditions more particularly set forth in said License, and AUTHORIZE the Director of General Services to EXECUTE said License on behalf of the County. IL FINANCIAL. IMPACT Payments required are to come from the budget of the Employee Wellness Center. III. REASONS FOR RECOMMENDATIONIBACKGROUND Provide for use of auditorium space for aerobic exercise classes for County employees. 1100"011101001+ATTACHMENT; AYES SIGNATURE: &&Lko� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 4o' PPROVE OTHER SIGNATURE(S): ACTION OF BOA N APPROVED AS RECOMMENDED e�L —OT"ff�- VOTE OF SUPERVISORS UNANIMOUS(ABSENT. . 1e- ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: Clerk of the Board(via LIM) 1 HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via LIM) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Jack Telfer(via LIM) OF SUPERVISORS ON THE DATE SHOWN, Employee Wellness Center(via L1M) Ong: General Services Department-LIM ATTESTED , PHIL ELOR,CLERK OF THE BOARD OF I SUPER SOBS AND COUNTY ADMINlSTRA70R BY DEPUTY GENERAL SERVICES DEPARTMENT LEASE MANAGEMENT DIVISION 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 Extension 3-7250 FAX 3-7299 DATE: April 27, 2000 TO: Phil Batchelor, County Administrator old— OQ FROM: OLBArton J. Gilbert, Director of General Services SUBJECT: Agenda: License–604 Ferry Street, Martinez Bldg. No. 604 (05-16-00) A new License has been negotiated as follows: OCCUPANT: Employee Wellness Program RENT: $500/month TERM: Month to Month, weekdays from 11:30 a.m. to 1:30 p.m. COMMENCING: May 17, 2000 CANCELLATION: 30 days notice SPACE TYPE: Auditorium COUNTY RESPONSIBILITY: None ADDRESS: 604 Ferry Street, Martinez LESSOR: McMahon-Telfer Properties BJG:CGB Ag ltm.doc cc: Jack Telfer General Services Department Kathy Brown Carol Chan Terry Mann Risk Management A") LICENSE AGREEMENT 604 FERRY STREET, MARTINEZ EMPLOYEE WELLNESS PROGRAM This Agreement is effective May 16, 2000, by and between CONTRA COSTA COUNTY, hereinafter called "COUNTY", and McMahon-Telfer Properties, John W. Telfer, Manager, hereinafter called "LICENSOR". LICENSOR is the owner of certain real property commonly known as 604 Ferry Street, Martinez, California (the "Premises"). COUNTY desires to obtain LICENSOR's permission to use the Premises and LICENSOR is willing to grant a license to use the Premises upon the terms and conditions contained herein. Now, therefore, the parties agree as follows: 1. Grant of License: Subject to the terms and conditions of this Agreement, LICENSOR hereby grants to COUNTY a nonexclusive, revocable license to enter the Premises for the purpose of conducting aerobic exercise classes for COUNTY employees. 2. Term and Hours: The term of this Agreement shall be from month to month commencing on May 17, 2000 and ending upon termination. The hours of use shall be from 11:30 a.m. through 1:30 p.m on Monday through Thursday each week. The rights granted under this Agreement may be revoked by LICENSOR at any time upon thirty (30) days notice to COUNTY. 3. Fee: As consideration of this Agreement, COUNTY agrees to pay a monthly fee of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per month payable in advance on or before the tenth day of each month. The fee for the month of May, 2000 shall be prorated from the first date of use. Payments shall be mailed to LICENSOR at 1080 Hillside Drive, Martinez, CA 94553. 4. Use of Premises: COUNTY's use of premises shall be limited to classes either run by the COUNTY directly or by contractors of the COUNTY. COUNTY does not have the right to construct any improvements or fixtures on the premises without the prior written permission of LICENSOR. COUNTY shall have the exclusive use of a secure storage space for ongoing storage of class equipment, including a stereo and speakers, steps and risers, weights, and miscellaneous other supplies. Upon leaving each day, COUNTY agrees to lock the building in which the Premises are located. 5. Revocable Use: The rights granted hereunder may be immediately revoked by the LICENSOR upon a breach of any term of this agreement. 6. Existing; Facilities: It is understood and agreed that LICENSOR has leases and/or licenses with others for all or a portion of the Premises. COUNTY agrees to take all precautions required to avoid damage to the facilities of others or the Premises. 7. Maintenance and Janitorial Service: LICENSOR shall keep and maintain every portion of the premises in good order, condition, and repair, and shall provide utilities and janitorial service to insure the Premises are left clean for COUNTY's use. COUNTY shall not suffer any waste on or to the premises. g. 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 LICENSOR: McMahon Telfer Properties 1080 Hillside Drive Martinez, CA 94553 To COUN'T'Y: Contra Costa County General Services Department Lease Management .Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553 9. Hold Harmless: COUNTY agrees to defend, indemnify and hold harmless the LICENSOR 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 arising out of negligent acts, errors or omissions of the COUNTY, its officers, agents or employees. COUNTY shall not be liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the LICENSOR or for other liability which is attributable, in whole or in part, to the negligence, willful misconduct, or other intentional act, error or omission of LICENSOR., which results in damage to any person or property. LICENSOR agrees to defend, indemnify and hold harmless the COUNTY from the LICENSOWS share of any and all claims, costs and liability for any damages, injury or death of any person or theproperty of any person arising out of the negligent or intentional acts, errors or omissions of the LICENSOR, its officers, agents or employees. 10. Non-Waiver of Breaches: The LICENSOR's failure to insist, in any one or more instances, upon strict performance of any of the covenants or conditions of this agreement shall not be considered as a waiver or relinquishment for the future of said covenants, terms or conditions, but the same shall continue and remain in full force and effect. 11. Termination by County. COUNTY shall have the right to terminate this License at any time by giving LICENSOR thirty (30) days advance written notice. 12. Entire Agreement: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No alteration or variation of this Agreement shall be valid or binding unless made in writing and signed by the parties hereto. SIGNATURE BLOCK COUNTY LICENSOR COUNTY OF CONTRA COSTA, a McMahon-Telfer Properties political subdivision of the State of California By J# W. Telfer.11anager By 0&JW-4&& Director of General Services RECOMMENDED FOR.APPROVAL. By _ -;��CLJ Director o apital--Ycili ies and Debt Mana ement .r By Dep6y General ces Director By rdd (e�&k,t= Lease Manager APPROVED AS TO FORM VICTOR J. WESTMAN, County Counsel By 2j-- ' Deputy /