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HomeMy WebLinkAboutMINUTES - 05152001 - C.57 �-;& A BOARD OF SUPERVISORS G.J07 FROM: Barton J. Gilbert, Director of General Services Contra DATE May 15, 2001 - Costa . �UN County SUBJECT: LEASE FOR THE COMMUNITY SERVICES DEPARTMENT 1135 LACEY LANE, CONCORD I SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease, commencing July 1, 2001, with Mt. Diablo Unified School District of Contra Costa County for the premises at 1135 Lacey Lane, Concord, for continued occupancy by the Community Services-Head Start Program, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. II. FINANCIAL IMPACT Payments required are to come from the budget of the Community Services Department. III. REASONS FOR RECOMMENDATION / BACKGROUND Provide for use of childcare programs and classrooms, as requested by the Community Services Department. 6Q4T&UtfiDQ"ATTACHMENT: ✓YES SIGNATURE:dt, kh"& RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _�PPROVE OTHER SIGNATURE(S): ACTION OF BOAR APPROVED AS RECOMMENDED BFHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENTf(nl.Ci ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE CAND CORRECT COPY OF AN ACTION TAKEN County Auditor-Controller(via UM) AND ENTERED ON THE MINUTES OF THE BOARD Lessor(Via UM) OF SUPERVISORS ON T ATE SHOWN. County Counsel(via UM) Orig: General Services Department-UM ATTESTED O NSW N,CLERK OF THE BOARD OF SUPERVIS66RS AND COUNTY ADMINISTRATOR DLS BY DEPUTY G:\LeaseMgt\Davc\Community Services\1135 Lacey 1_ane\Board and mcmo.doc v r—� GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-7250 FAX 3-7299 DATE: April 30, 2001 TO: John Sweeten, County Administtor FROM: Barton J. Gilbert, Director of General Services SUBJECT: wA e nda: Lease at 1135 Lacey Lane, Concord (T00346) (May 15, 2001) A lease has been negotiated as follows: OCCUPANT: Community Services —Head Start Program TERM: One year COMMENCING: July 1, 2001 CANCELLATION: Sixty (60) days notice RENTAL: $1.00 per year SQUARE FEET: 960 SPACE TYPE: classrooms COUNTY RESPONSIBILITY: Interior maintenance and repair RENEWAL: Automatic yearly renewal PREVIOUS RENT: $1.00 per year ADDRESS: 1135 Lacey Lane, Concord BUILD / WORK AUTH.: T00346 cc: C. Chan D. Silva A.Prince GALeaseMgt\Davc\Community Services\1135 Lacey Lane\Board and memo.doc TC;: BOARD OF SUPERVIS..oRS FROM: Barton J. Gilbert, Director of General Services Contra _- �_ I)A,k May 15, 2001 CostaCounty SUBJECT: LEASE FOR THE COMMUNITY SERVICES DEPARTMENT 1135 LACEY LANE, CONCORD SPECIFIC REQUrS(S OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease, commencing July 1, 2001, with Mt. Diablo Unified School District of Contra Costa County for the premises at 1135 Lacey Lane, Concord, for continued occupancy by the Community Services-Head Start Program, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. 11. FINANCIAL IMPACT Payments required are to come from the budget of the Community Services Department. 111. REASONS FOR RECOMMENDATION / BACKGROUND Provide for use of childcare programs and classrooms, as requested by the Community Services Department. 6AN;Q1ZD.4N ATTACHMENT: ✓YES SIGNATURE: 0-11 �1 ^M I:FCOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _..OTHER SIGNAL uRFIS) , ACTION OF BOAR APPROVED AS RECOMMENDED. !a•T"E - V0'1 F:OP SUPFRVISORS UNANIMOUS(ABSENT ...�J AYFS: NOES: ... ADSIFNTS __._ ..ABSTAIN: MEDIA CONTACT: BARTON J.GIL©ERT(313.7100) (;C: Court Adminlslrator(vla UM) AND HEREBY CERTIFY THAT THIS IS A TRUE y AND CORRECT COPY OF AN ACTION TAKEN County Auditor-Controller(via UM) AND EN 1 LkED ON THE MINUTES OF THE BOARD Lessor(via L/M) OF SUPERVISORS ON ATE SHOWN. County Counsel(via UM) Orig:General Services Department-UM ATTESTED l���T ......... 0 N S N,CLEIQK OF THE BOARD or SUPERVI RS AND COUNTY ADMINISTRATOR OLS BYgz DEPUTY (i:\I.eascMgt\Dove\Community Serviees\1135 Lacey Une\Doard and mcmn.doe REAL PROPERTY LEASE AGREEMENT THIS LEASE AND AGREEMENT made and entered into this 5th day of June , 2001, by and between MT. DIABLO UNIFIED SCHOOL DISTRICT OF CONTRA COSTA COUNTY, a public corporation, hereinafter referred to as LESSOR, and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter referred to as LESSEE. LESSOR is owner of that certain real property known as Cambridge Elementary School, located at 1135 Lacey Lane, Concord, County of Contra Costa, State of California; and LESSOR and LESSEE agree as follows: 1. PURPOSE OF PREMISES. It is understood that the purpose of this lease is for LESSOR to provide LESSEE the use of the land space in the size, to the extent and in the location designated by LESSOR in the attached site drawing, which is incorporated as Exhibit A to this agreement, namely a parcel of land consisting of approximately 2,000 square feet located within the grounds of Cambridge Elementary School, together with shared use of a fenced playground area and nonexclusive parking with the right of ingress and egress (the "premises"). The LESSEE will use the land space to own, install and operate a relocatable building or buildings for the purpose of operating a child care center. 2. PURPOSE OF LEASE. The purpose of this Lease is for LESSOR to provide LESSEE the use of the premises for the operation of a Head Start Program in a relocatable building owned by the Federal government and under the control of the LESSEE. LESSEE agrees that no statements, representatives, or warranties, express or implied, have been made by or on behalf of LESSOR in respect to the premises except as contained in the provisions of this Lease, and LESSOR shall in no event be liable for any latent defects. 3. TERM. The term of this lease shall be for twelve (12) months, beginning on the first day of July, 2001 and ending on the last day of June, 2002. 4. RENEWAL. The lease will be automatically renewed on a yearly basis for a period of five (5) years, commencing on July 1, 2002, unless terminated by either party. If either party chooses not to renew the lease, that party shall provide ninety (90) days written notice to the other party in advance of the yearly renewal date. Any holding over of LESSEE after termination of the term and any renewals of the term shall be subject to the terms of this Lease. 5. RENT. In consideration for the lease of this property, LESSEE shall pay LESSOR rent of One Dollar ($1:00) per year payable on July 1 of each year. 6. PERMITTED USE. LESSEE shall use the premises solely for the purpose of conducting Contra Costa County Community Services Department's Head Start Programs, which shall be operated by LESSEE or another provider under contract with the LESSEE. LESSEE agrees to maintain the facility owned by LESSEE and located on the premises in a manner that meets all State and local regulations relating to the operation of the facility and licensing of the program operated by LESSEE, and to comply with all federal, state or local regulations or ordinances, now or hereafter enacted concerning the premises. The premises shall not be used or permitted to be used 1 in whole or in part during the term of this Lease for any purpose or use in violation of the laws or ordinances applicable thereto. Smoking is prohibited on all school district property. 7. ALTERATIONS. LESSOR and LESSEE have agreed to the placement of the relocatable building in consideration of traffic flow, accessibility for emergency equipment to adjacent structures as well as restoration or repair of damages caused by the installation effort. LESSEE shall not make any alterations of the premises without first obtaining the written consent of the LESSOR. Any additions to or alterations of the premises, except moveable equipment, furniture and fixtures, shall become at once a part of the premises. Movable equipment, furniture and fixtures shall include the relocatable building. Any alterations approved by LESSOR shall be made at no expense to LESSOR. 8. COOPERATION WITH OTHER OCCUPANTS OF THE PROPERTY. It is understood and recognized by LESSEE that the property, of which the premises is a part, will be used by other parties, including LESSOR, and LESSEE shall cooperate with the other parties in reaching amicable arrangements concerning such matters as use of the parking areas, playgrounds, policing of common areas, custodial services, and security measures. 9. SURRENDER OF RELOCATABLE BUILDING. LESSEE agrees that said relocatable building and all trade fixtures, equipment and appliances will be removed without any damage to the premises. In the event any damage, as determined by the LESSOR, is caused by LESSEE or its agents or employees in the removal of said building, trade fixtures, equipment and appliances, LESSEE agrees to immediately repair the said damage at its sole cost and expense. In the event LESSEE fails to remove said relocatable building and all trade fixtures, equipment and appliances or to immediately repair said damage, LESSOR may enter the premises and take such actions as it deems necessary in its sole discretion to effect the removal and repair permitted by this Lease. LESSEE shall pay all costs of removal and repair with thirty (30) days of notice from LESSOR. 10.DESTRUCTION OF THE RELOCATABLE BUILDING. In the event of a total destruction of the relocatable building, LESSEE may terminate this Lease after thirty (30) days written notice to LESSOR, but LESSEE shall be and remain responsible for removal of the relocatable building from the premises. 11.DAMAGE TO PERSONAL PROPERTY. LESSOR shall not be responsible for damage to or loss of personal property of LESSEE or LESSEE's employees stored or used on the premises. 12. UTILITIES EXPENSE AND TAXES. All necessary modifications to the utilities shall be at no expense to LESSOR. LESSEE shall pay to LESSOR $ 82.00 per month (excluding the month of August, providing LESSEE does not occupy the premises during that time) for all water, sewer and trash collection services supplied to the premises. On July 1, 2001, and each year of the term hereof or any extension or holding over thereof, LESSOR shall review and revise the utility charge. LESSEE shall pay for all telephone connections and services. LESSEE shall pay all taxes, including personal property taxes, possessory interest fees or other assessments and charges attributable to the lease of this premise. All payments shall be due on the tenth day of each month and shall be mailed to: MT. DIABLO UNIFIED SCHOOL DISTRICT 1936 Carlotta Drive Concord, CA 94519-1397 2 13.MAINTENANCE OF PREMISES. LESSEE shall maintain the premises at all times in good condition and repair at no expense to LESSOR and upon termination of this lease, shall surrender them to LESSOR in as good order and condition as the same were at the commencement of the terms of this lease, except for the effect of grading, foundation work and other site modification which LESSOR accepts as permanent improvements to its property and except for reasonable wear and tear, damage from the elements, fire and acts of God. LESSEE shall not suffer any waste on or to the premises. 14. INDEMNIFICATION OF LESSOR. LESSEE shall indemnify, defend and hold harmless LESSOR, its trustees, employees, directors, and agents from and against any and all claims, suits, verdicts, judgments, costs and liability of any nature or kind, including attorney's fees, arising from or in any way connected with the conduct of LESSEE's business or operations or from any activity, work or things done, permitted or suffered by LESSEE, its agents, officers, contractors, or employees in or about the premises or elsewhere; including for any dames, injury or death of or to any person or the property of any person; and from and against any and all claims, costs and liability, including attorney's fees, arising from a breach or default in the performance of any obligation on LESSEE's part to be performed under the terms of the lease or arising from any negligence of LESSEE and from any and all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. 15. INDEMNIFICATION OF LESSEE. LESSOR shall indemnify, defend and hold harmless LESSEE, its Board of Supervisors, employees, directors, and agents from and against any and all claims, suits, verdicts, judgments, costs and liability of any nature or kind, including attorney's fees, arising from or in any way connected with the conduct of LESSOR's business or operations or from any activity, work or things done, permitted or suffered by LESSOR, its agents, officers, contractors, or employees in or about the premises or elsewhere; including for any dames, injury or death of or to any person or the property of any person; and from and against any and all claims, costs and liability, including attorney's fees, arising from a breach or default in the performance of any obligation on LESSOR's part to be performed under the terms of the lease or arising from any negligence of LESSOR and from any and all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. 16. LIABILITIES WITH REGARD TO ADJACENT PLAYGROUNDS. Adjoining playgrounds consist of the surrounding adjacent outside playgrounds located at Cambridge Elementary School, including those covered by asphalt, grass and/or tanbark and equipment permanently installed thereon. Due to multiple entities publishing, changing and different recommendations for configuration and construction of playground equipment, LESSOR represents only that playground equipment meet any Consumer Product Safety Commission Guidelines in effect at the time of construction of playground equipment. LESSEE is responsible for supervising children using said playground equipment and to make certain the use thereof is safe and proper for the age and abilities of the using children. LESSOR is responsible for the care and maintenance of said equipment, including the cost thereof, as well as the conformance of the equipment to any Consumer Product Safety Commission Guidelines in effect at the time of its construction. LESSOR is not entitled to indemnity or insurance coverage by LESSEE for any breach by LESSOR under paragraph 14. 3 17. LIABILITY INSURANCE. The parties recognize that LESSEE is self-insured for public liability and property damage exposure and that LESSEE shall provide a Letter of Self-Insurance covering the term of this Lease and certifying that LESSEE has reserves or retention in excess of One Million Dollars ($1,000,000). It is understood and agreed that if LESSEE shall terminate its self insurance program, then LESSEE shall, at LESSEE'S expense, obtain and keep in force during the term of the Lease, a policy of liability insurance for bodily injury, personal injury, property damage, and all risk legal liability coverage in the amount of not less than $1,000,000 (One Million Dollars); insuring LESSEE and LESSOR, their trustees, supervisors, employees, directors and agents against any liability arising out of ownership, use, occupancy, operation, or maintenance of the premises. LESSEE shall provide LESSOR as evidence of this required coverage, a certificate in a form satisfactory to LESSOR on or before renewal date naming LESSOR as an "Additional Insured", providing that insurance coverage shall not be canceled or reduced without thirty (30) days prior written notice to LESSOR. LESSOR's liability coverage shall be in excess of the coverage provided by LESSEE and shall not be contributory to LESSEE's insurance. LESSEE shall keep in force property insurance coverage on the relocatable building and its own contents, for which LESSOR is not responsible. 18. ACCESS. LESSEE shall permit LESSOR and its agents to enter into and upon the premises at all reasonable times for the purpose of inspecting the same or for the purpose of making repairs, alterations, or additions to any other portion of the property containing the premises, or for any other purpose incidental to the rights of LESSOR. 19.CANCELLATION. In the event of loss of funding for the Head Start program, it is understood and agreed that LESSEE shall have the right to cancel this Lease by giving the LESSOR sixty (60) days prior written notice. 20. TERMINATION, LESSOR may terminate this Lease immediately upon the use of the premises for purposes other than those set forth in paragraph 6. 21. SUCCESSORS AND ASSIGNS. LESSEE shall not assign or sublet the premises in whole or in part, without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. The parties agree that any assignment or sublease proposed by LESSEE shall only be reasonable if it is compatible with LESSOR's use of the balance of the school site. Any sublease, assignment or transfer without LESSOR's written consent, shall be null and void. 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. 22. NO PARTNERSHIP. LESSEE and LESSOR are not partners and nothing herein contained shall be construed to create a partnership or joint venture in any sense, nor to constitute LESSEE the agent of LESSOR for any purposes. 23. NOTICE. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or by prepaid, first-class mail as follows: LESSOR: Mt. Diablo Unified School District Gary McHenry, Superintendent 1936 Carlotta Drive, Concord, CA 94519 4 LESSEE: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 24. 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. 25. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. 26.SEVERABILITY. The provisions of this Lease are declared to be severable, and if any provision herein is invalidated by any court, the remaining provisions shall not be affected thereby and shall be fully enforceable, unless such enforcement would be unreasonable or inequitable under all the circumstances or would frustrate the purpose of this Lease. 5 IN WITNESS WHEREOF, the parties hereto have executed this lease on this 5th day of June , 2001, at Concord, California. COUNTY LESSOR COUNTY OF CONTRA COSTA, a MT. DIABLO UNIFIED SCHOOL Political subdivision of the State of DISTRICT OF CONTRA COSTA, a California public school district By �&j By 0 k) ( Director of General Services Title: Assistant Superintendent Administrative Services RECOMMENDED FOR APPROVAL: By ` �1 Director of Capital Facilities and Debt Management By i `--Director of Community Services B,-(a a/- Acting Lease Manager APPROVED AS TO FORM: SILVANO MARCHESI, County Counsel �el By- V-L& 5 . Deputy �r1a��► 6 O '� 1� i`�. ._I . H O flJ N91H .5 O !1J lf3Ih .9 1' v cl, cuO l,. t` •y F O L n N � r. E v co 6 VJ O m S - b l7 W VJ 1 I H o x I U O � T—�3 a � I W ON N I I a to I CD C p ® o O r® W Z — .. ❑ � ❑ l u �. ,� tn „4 � V .Jj .G 4 Z } _ ❑ ❑ fi 17 2 7F m x I 1 i = aJ _ !, 4 e ¢z . F- a o --o--------------=-------------------------- ------------------------ J a0 + 3NIl 1ldHdSV 0002 UN Q3SOd021d N W0- • N m p ,o �-- I rL o Lou) W N V) 1 JM -i N < Z I J f -i a W W m ti LY U ! 1 r1 (hi1 W 1- V QWW 0 ,W I Z L O aP4CQ V A ! 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