HomeMy WebLinkAboutMINUTES - 07102001 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: July 10, 2001
SUBJECT: LEASE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF
CONTRA COSTA AND THE HEALTH SERVICES DEPARTMENT OF CONTRA COSTA
COUNTY
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Executive Director of the Housing Authority to execute a lease
agreement with Contra Costa County for the use of unit 602, 1744 4`h Street, North Richmond, for the
County Health Services Department's Partners in Health Program.
APPROVE and AUTHORIZE the Executive Director to exercise the lease option as stated in the lease,
section A.7, Extension A. First Option.
II. FINANCIAL IMPACT:
The executed agreement will generate $150.00 per month and a one-time payment of$5,000 for
maintenance and repairs to the Housing Authority Public Housing fund.
The lease option will generate $260.00 per month to the Housing Authority Public Housing fund.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
Unit No. 602, 1744 4th Street, North Richmond, in Las Deltas Development, is used by the Contra
Costa County Health Services Department to operate the "Partners In Health" program for the residents of
Las Deltas, as well as the surrounding community. The Center provides counseling and drug treatment
for their clients enabling them to become drug free and put them on the road to self-sufficiency. This
Lease Agreement is for the period commencing November 1, 2000 and ending June 30, 2001. The lease
option will commence July 1, 2001 and end December 31, 2001.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON July 10, 2001 APPROVED AS RECOMMENDED x: OTHER
VOTE OF COMMISSIONERS
1 HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
,QCAYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED July 10; 2001
JOHN SWEETEN, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY E P U T Y
1-I:\judyhmtz\MSOFFICE\WINWORD\BOARD\LEASES\I.asdeltas-Partners In Health.DO(
CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director to enter into a
Lease Agreement and the lease option with Partners In Health, Contra Costa County Health Services
Department, the Partners In Health program would no longer function and this would be a detriment to the
development, as well as the community.
bo-partners in health
LEASE
TABLE OF CONTENTS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
'1'O
CONTRA COSTA COUNTY
FOR
1744 4th STREET
RICHMOND, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.2. LEASE OI+ PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.3. USE OF 1111EMISES: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
AA 'I'ERNJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.5. 11EN'l. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.6. CONSIDERATION FOR LEASE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.7. EXTENSION . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A.8. UTILITIES AND JANITORIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A.9. MAINTENANCE AND REPAIRS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A.10. NOTICES: . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.1.1. ATTACHMENTS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.12. WRITTEN AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.13. TIME 1S OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.A. SIGNATUI ' BLOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SEC'T'ION B: STANDARD PROVISIONS
13.1. HOLDING O EI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
B.2. HOLD HARMLESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.3s ALTERATIONS. FIXTURES, AND SIGNS . . . . . . . . . . . . . . . . . . . . . . . 6
B.4. DESTRUC'110N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13.5. QUIET EN. OYMENI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13.6. DEFAULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B.7. SURRENDER OF PREMISES: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13.8. SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11.9. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13.10. WASTE, NUISANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B.11. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 8
SECTION C: SPECIAL PROVISIONS
C.I. SERVICES BY AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
C.2. ASSIGNMENT' Olt SUBLEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
EXHIBIT A: PREMISES.
05/17/01 1
LEASE
1744 4th Street
North Richmond, California
for
Health Services Department
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on , the HOUSING AUTHORITY
OF THE COUNTY OF CONTRA COSTA, hereinafter called "AUTHORITY," and the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California,
hereinafter- called "COUNTY," mutually agree and promise as follows:
A.2. LEASE OF PREMISES: AUTHORITY, for and in consideration of the rents,
hereby leases to COUNTY, and COUNTY leases from AUTHORITY those certain
premises described as follows, 1744 4th Street, Unit#602, Richmond, CA, consisting of
approximately 1,250 square feet of office space more particularly shown on Exhibit "A"
attached hereto and made a part hereof.
A.3. USE OF PREMISES: The Premises shall be used during the term for the operation
of the Partners for Health program.
A.4. 'PERM: The term of this Lease shall be for eight (8) months commencing on
November 1, 2000 and ending June 30`h, 2001.
A.5. RENT: COUNTY shall pay to AUTI=iORITY as rent for the use of said Premises
$150.00 per month during the term of this Lease. Payments shall be mailed to: HOUSING
AUTHORITY of CONTRA COSTA COUNTY at P.O. Box 2759, Martinez, CA 94553.
A.6. CONSIDERATION FOR LEASE: Upon final execution of this Lease and
COUN'T'Y receipt of an invoice from AUTHORITY, COUNTY shall pay to
AUTHORITY a one-time payment of FIVE THOUSAND AND NO/100 DOLLARS
($ 5,000.00). COUNTY had occupancy and use of the Premises prior to November 1,
2000 and AUTHORITY expended $5,000.00 to complete improvements to the Premises
for COUNTY occupancy. In consideration of this payment, AUTHORITY releases
COUN'T'Y from any and all clams or demands for any payment related to COUNTY'S use
and occupancy of the Premises prior to November 1, 2000.
05/»/01 2
A.7. EXTENSION: This Lease may, at the option of the COUNTY, be extended at the
rate of$260.00 per month as follows:
A. First Option: For a six (6) month term, commencing July 1, 2001 and
ending December 31, 2001.
B. Second Option: For a one (1) year term, commencing January 1, 2002 and
ending December 31, 2002.
C. Third Option: For a one (1) year term, commencing on January l., 2003 and
ending December 31, 2003.
It is understood and agreed COUNTY shall give AUTHORITY thirty (30) days
prior written notice of its intention to exercise any option to extend this Lease. However,
in the event COUNTY 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.B. UTILITIES AND JANITORIAL: COUNTY shall pay for. all gas and electric
services provided to the Premises and provide its own janitorial service. AUTHORITY
shall pay for water, sewer, and refuse collection 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.
13. AUTHORITY 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 systenis..used in the
.Premises.
D. AUTHORITY shall maintain and repair the heating and ventilating.systems.
E. AUTHORITY shall maintain the landscaping, sprinkler system,-and exterior
lighting system in good order, condition, and repair.
F. AUTHORITY shall provide and install, at the direction of the Fire Marshall,
the necessary number of A-B-C fire extinguishers for the Premises at no
cost to COUNTY. AUTHORITY shall thereafter maintain,.repair, and .
05/17/01 3
replace said extinguishers.
G. COUNTY shall not suffer any waste on or to the Premises.
1-1. AUTHORITY shall be responsible for the correction of any code violations
which may exist in the Premises, provided AU'T'HORITY.shall not be liable
for correction of code violations which arise out of and.are directly related
to a change in COUNTY'S occupancy or use of said Premises.
A.10. NOTICES: All notices given hereunder shall be in writing.and shalLbe.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
11. O. Box 2759
Martinez, California 94553
'To County: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
A.1.1. AT"CACHMENTS: Exhibit "A" Premises, Section B, Standard Provisions, and
Section C, Special Provisions are attached to this Lease and are made.a part hereof.
A.12. WRITTEN AGREEMENT Neither party has relied oil 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
request, in writing, signed by both parties. The headings of the paragraphs.and..pages 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: for each and all of the terms and provisions of tills
Lease.
05/17/01 4
A.14. SIGNATURE BLOCK
COUNTY AUTHORITY
COUNTY OF CONTRA COSTA, a HOUSING AUTHORITY OF THE
COUNTY OF CONTRA COSTA
political subdivision of the State of
California
By By:
Director of General Services Robert McEwan
Executive Director
RECOMMENDED FOR APPROVAL:
By
Director Capital Facilities and Debt
Management
By
Health Services Department
By
Acting Lease Manager
APPROVED AS TO FORM:
SILVANO MARCHESI, County Counsel
By
Deputy
5/17/01 5
LEASE
1744 4"" STREET
RICHMOND, CALIFORNIA
FOR
HEALTH SERVICES DEPARTMENT
SEC'T'ION I3: 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 terns
of this Lease so far as applicable.
11.2. HOLD HARMLESS: COUNTY agrees to defend, indemnify, and.hold harmless
the AUTHORITY 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 or intentional 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 AUTHORITY 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 AUTHORITY, which results in
damage to any person or property.
AUTHORITY agrees to defend, indemnify and hold harmless the COUNTY from the
AUTHORITY's share of any and all claims, costs and liability for any damages, injury
or death of any person or the property of any person arising out of the negligent or
intentional acts, errors or omissions of the AUTHORITY, its officers,. agents or
employees.
11.3. ALTERATIONS, FIXTURES,AND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach fixtures and signs in or upon.the Premises, which shall
remain COUNTY property and may be removed therefrom by COUNTY prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY's
sole cost and expense.
osn7101 6
BA. DESTRUCTION:
A. In the event of damage causing a partial destruction of the Premises during
the term of this Lease from any cause or extension thereof,.and..repairs can
be made within sixty (60) days from the date of' the damage under the
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, 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
tlue portion of the Premises unusable by COUNTY bears to the total area of
the Premises.
B. II'S ucli repairs cannot be made in sixty (60) days, AU'T'HORITY 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 AUTHORITY 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 regu.'ations, 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.5. (QUIET ENJOYMENT: AUTHORITY covenants that COUNTY 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 COUNTY fully performs hereunder.
B.6. llI'FAIJUS: In the event of COUNTY's material breach of any of the covenants
or conditions herein, AUTHORITY may re-enter and repossess the Premises-and remove
all persons and property therefrom after giving COUNTY written notice.of.sucildefault
and in accordance with due process of law. In the event of such a. breach by
AUTHORITY, 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
05/17/01 7
from the breach and deduct the cost thereof from rental payments due to AUTHORITY,
provided that COUNTY has given AUTHORITY written notice of said breach and
provided that AUTHORITY has not made a substantial effort to correct said breach.
B.7. SURRENDE11 Or PREMISES: On the last day of the term, or sooner
termination of this Lease, COUNTY will peaceably and quietly leave and surrender to
AUTHORITY these Premises with their appurtenances and fixtures (except:sigrns 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 God, or by circumstances over which COUNTY has no control.
COUNTY shall not be liable for painting the interior of the Premises upon termination of
this Lease.
13.8. 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. SEVERABIi.I`TY: 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 COUNTY or AUTHORITY in its respective rights and
obligations contained in the valid provisions of this Lease.
13.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed,
dny waste upon the Premises, or any nuisance or other act or thing which may disturb tine
quiet enjoyment of any other Lessee or occupant of the complex.in which the Premises
are located.
B.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 rnade,.and.that
all things are done in the manner best calculated for he preservation of the property, and
in full compliance with the terms and conditions of this Lease.
05/17/01 8
LEASE
17444 1h STREET
RICHMOND, CALIFORNIA
FOR
HEALTH SERVICES DEPARTMENT
SECTION C: SPECIAL PROVISIONS
C.I. SERVICES BY AUTHORITY: AUTHORITY shall provide certain
maintenance, construction, remodeling or like services as requested by COUNTY from
time to time during the term of this Lease or extension thereof. COUNTY shall pay to
AUTHORITY as additional rental one hundred percent (100%) of the costs of said
service.
AUTHORITY shall consult with COUNTY and select either licensed,:insured
contractors or employees of AUTHORITY to provide the service. AUTHORITY shall
obtain COUNTY's prior approval on the scope, term, and cost of the contracts.
C.2 ASSIGNMENT OR SUBLEASE: COUNTY shall 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.
EXHIBITS: "A" PREMISES
osn7/01 9
EXHIBIT "A"
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