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HomeMy WebLinkAboutMINUTES - 03162004 - HA.1 f HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: March 16, 2004 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: Acting as the Board of Supervisors, APPROVE and AUTHORIZE the General Services Director, and acting as the Board of Commissioners of the Housing Authority of the County of Contra Costa, APPROVE and AUTHORIZE the Executive Director to execute a one-year lease agreement with three one-year options as stated in the lease with the County Health Services Department's Partners in Health Program for the use of unit 602, 1744 4th Street, North Richmond. II. FINANCIAL IMPACT: The executed one-year agreement will generate $400.00 per month to the Housing Authority Public Housing fund. III. 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. The lease will commence January 1, 2004 and end December 31, 2004. This is the second lease agreement with options to renew. The "Partners In Health" program has been operating at this location since May, 2001. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to authorize the Executive Director of the Housing Authority and the General Services Director to enter into a Lease Agreement 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. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 16, 2004 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED March 16, 2004 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR s t i BY "XEPUTY H:\JudyHayes\MSOFFICE\WINWORD\BOARD\LEASES\Lasdeltas-Partners In Health.DOC LEASE TABLE OF CONTENTS 1744 4TH ST.,UNIT#602 RICHMOND, CALIFORNIA CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES•liill!liii#.....#!.11.il.l.l.li.,l....l!•il#.i,li•!ii#!l„•i.i•iti..•l.i.l.•!l..l.iii.11.i.ii•i.li.1 A.2. LEASE OF Ai3i TE],►]�li.,#i,.i,,,.!#.#ii#!!##,#.,iliii#.i#,i#i..i..iiii.i.#i,.i,....i....!!,lli....i.,i.l.li....,.l..ii!#.##lii� A#Ti A.J. EXTENSION.ii..,i.i•i•ii.•.•il.•i••.•••...li•i••tl#illi!.f,ll..11.!!!!!.•i..l.i..i.,.li..l.###i.11.li.li A.V USE OF P��SES#..iiii####.#.iiili.iilii.l.i•iiii#..#f#i,i..iiiiil•i..#i.•#.i.lililiil.ii#i#ii.iii/ Ai7i TJTILITITS•#.!.liiiiil..•iii...i.i..•.ill..###.##iii,.i#.,,i.ii.illiii#iiiiiii,ii.ii.iii/lliili.iii....i.i.2 A#S# MAINTENANCE AND�t,EPAIR.S 1.1.1.l........i.1.l..llll.!••!.!!!!.!!l...11!!!l...l.li•#.� Ai9i NOTICES....i.,.l••1....i..,ii.iiii•iiii.••i•.illliliii.i...l.11ii/ii...i.i•iiii•il/lll.11iiiilll#llil!l.i.,3 A.109 EXHIBITS -AND ATTACT�NTS#i#ill.ll#.!l•1.liiiill••.#•l.i.i#,#..illl.i,lil..,ili#iT A.11. WRITTEN AGREEMENT•i#!•..•i,i.i.1.1.l..•hili#i/,l•ii.!!•i!!•lii..ili.lill.liil!«!iiii•#.T A,12i TIME IS OF T�[]E ESSENCE.•!•l#l•,.i•ii.#.,ii•ill•il#.ll.••i••l/i...11.i.iiii.•iiiil.i..i.114 A113. SIGNATURE BLOCK•ii•ill.i.l,•i•iil.l,..l....i.,l.•l#,#..i.i.. i•iiili...,i,•#...,#ll.,lii#..i5 SECTION B: STANDARD PROVISIONS B.l. HOLDING � .#1####.#li.ii.i.#iii#li.i#l,ii•#l.11,!#i.l•iii•l•••.i•iii!!!illi#i.•i.l,#,,.l,i.11ll. Rol MOLD HARMLESS !.!.!!«I•sill#1#1.1.l..i.il,.i.i.11i!•l•i.••i.•#!,•.!,iii#lili.l##.#ii.!#li!#.ilit� 8.3. ALTERATIONS, FIXTURES,AND SIGNSii.l.!lli..!#.!!l.liili!!.!.!i!i!!!.11i..l. 8.4. DESTRUCTION.!#fi.i#,##illi.,l.i.lii..#i•.liii.ii.il...i,iii.iiii..•l,.i.i##.#il#lll...#ii#ll.i#i.i.7 BiS. QUIET ENV �Li,1�ilii#1#,.l.•#iiiiiliii..�,.iiiii....•i••..•..•i•iiiii.iii•#•iiiiiiiii.i.ii.li7 BiVi DEFAULTS•iiiiiii.iii.i.i!liiiii.i.•.•i•iiii....•.l,..1.il.1.ii/l••ii,•iiii•.ii.il!!!il.i.,,l.11ii..li•i#7 8.7. SURRENDER NDER.OF P�CJEII�IISES i•.i..iiiiii.ii.iii.i.i.liiii.i..iiiiiii.iii#iii#i.iiiiiliii#iiii 8.8. SUCCESSORS CCESSORS AND ASSIGNS!!illi.ii.i!!#ill#i.l,i#l...i#1iiii!!,i#.1.,####f.ii#l.#i,i..i.. B.9. SEVE- ABILITYL •!.l!!!.lll#!i.#.!i!#1.il•i,i#ililli!#!hill.!!llil..lll..il�.•l••l,lilil..li!liil.11ll, 8.10. WASTE, NUISANCE i.iill••ilii.•l.l.il.#li.11.il,..i/ii..,lil•iiii,iiill•l.liii.li#l.i..liill•i#ii 8.11. INSPECTION..i.ii•.ii..l..•i•i•i..•i•l•ii#•li•.•ll.ii•i•i.ii.•«ii•ii#!.ilii!.##i!i!!•#,Bill!!#.iii#•.10 SECTION C: SPECIAL PROVISIONS C,19 ASSIGNMENT OR SUBLEASE....i.i.l.......i.l......l...i.....1........i...#...........11 C•2. SERVICE i VE BY C.31 IJAZARDOUS MATERIALS..l.l..##..l.ill.ll..!ll.l.!!!!!.1.....•l.l............l.l...11..l 1 C.4. TERMINATION OF P-REVIOUS LEASE llll,.,#iilll•i.l•!.•lli•....il.ii.,..•#i,iili,ill2 EXHIBITS EXHIBIT A: PREMISES G:V..eeaseMgt\CAROL11744FinalLease.dac LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 1744 4TH ST.,,UNIT#602 RICHMOND, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES: Effective on MAR 1 .fi :2004 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, 0 1% 1212 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 4ffi St., 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("Premises"). A.3. TERM: The term of this Lease shall be one (1) year, commencing January 1, 2004 and ending December 31, 2004. A-4. RENT: COUNTY shall pay to AUTHORITY as rent for the use of the Premises a monthly rental of FOUR HUNDRED AND N01100 DOLLARS ($400.00),payable in advance on the tenth day of each month during the term of this Lease. Payments shall be mailed to: HOUSING AUTHORITY OF CONTRA COSTA COUNTY P.O. Box 2759 Martinez,, CA 94553 or to any other address that AUTHORITY may designate from time to time, A.S. 'EXTENSION: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions,, except the rental shall be adjusted as follows: G:\L.easeMgt\CAROL\1744FinalLeasc.doc a. First Option: For a one (1') year term, commencing January 1, 2005 and ending December 31, 2005, at a rental of FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($450.00) per month. b. Second Option: For a one (1) year term, commencing January 1, 2006 and ending December 31, 2006, at a rental of FIVE HUNDRED AND NO /100 DOLLARS ($500.00)per month, C. Third Option: For a one (I) year term, commencing January 1, 2007 and ending December 31, 2007, at a rental of SIX HUNDRED AND NO /100 DOLLARS ($600.00)per month. It is understood and agreed COUNTY shall give AUTHORITY sixty (60) days nor written notice ofits 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.6 USE OF PREMISES: The Premises shall be used during the term or extension thereof for purposes of conducting the Partners for Health Program or another health/counseling program of COUNTY. A.7. UTILITIES & JANITORIAL SERVICES: COUNTY shall pay for all gas and 0 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. A98, 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, including the exterior doors and their fixtures, closers and hinges, glass and glazing, and all locks and key systems used in the Premises. b. COUNTY shall keep and maintain the interior of the Premises in good order, condition, and repair, but AUTHORITY shall repair damage to the 2 G:\LeaseMgt\CAROL\1744FinalLease.doc intnor 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. AUTHORITY shall repair and maintain the electrical, lighting, water, and. plumbing systems in good order, condition, and repair. d. AUTHORITY shall maintain and repair the heating, ventilating, and air- conditioning 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 Marshal,, the necessary number of A-B-C fire extinguishers for the Premises at no cost to COUNTY. AUTHORITY shall thereafter maintain, repair, and replace,the extinguishers. 9. COUNTY shall not suffer any waste on or to the 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 COUNTY'S occupancy or use of the Premises. A-9. 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 mailpostage 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 Contra Costa County P.O. Box 2759 Martinez, CA 94553 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 3 G:\LeaseMgt\CAROL\1744FinalL.ease.doc A.10. 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. A.11. 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 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. This Lease will not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Both parties agree that any rule of construction to the effect that ambiguities are to be.resolved against the drafting party will not apply to the interpretation of this Lease. A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. (Remainder cif Intentionally Left Blank) 4 G:UxaseMgt\CAROL\1744FinalLease-doc • A.13. SIGNATURE BLOCK COUNTY AUTHORITY COUNTY OF CONTRA. COSTA, a HOUSING AUTHORITY OF THE Political subdivision of the State of COUNTY OF CONTRA COSTA California By By Executive Director Director of0 Aeneral Services RECOMMENDED FOR APPROVAL: By Director o pital Facilities and Debt Management 17 Le an ger By --L L q----A V Is Health S rvices Department Representative APPROVED AS TO FORM: SILVANNO B. MARCHESI, County Counsel By Deputy 5 +G:1LeaseMgt\CAROL11744FinalLease.doc LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 1744 4TH ST.,UNIT#602 RICHMOND, CALIFORNIA SECTION B: STANDARD PROVISIONS B.1. 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 ten-ns of this Lease so far as applicable. B.Z. 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 and/or 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. B.3. ALTERATIONS, TURES, 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 COUNTYprior to the termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY'S 6 G:\LeaseMgt\CAROL\1744FinalLease.doe sole cost and expense, and all signs shall meet with existing code requirements and I AUTHORITY'S approval. B.4. DESTRUCTION: 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 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 the Premises are unusable by COUNTY. b. If such repairs cannot be made in sixty (60) days, AUTHORITY may, at its 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 regulations, 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 is located shall terminate this Lease. Bo5, I UEET ENJOYMENT: AUTHORITY covenants that COUNTY shall at all times during the term or extension thereof peaceably andquietly have, hold, and enjoy the Premises without suit, trouble or hindrance from or on account of AUTHORITy as long as COUNTY fully performs hereunder. B-6- DEFAULTS: The occurrence of any of the following shall.constitute an Event of Default under this Agreement: a. Event of Default by COUNTY 7 G:\L,easeMgt\CAROL11744FinalL,ease.doc 1. COUNTY'S failure to pay any Rental within ten (10) business days after written notice of failure from AUTHORITY to COUNTY. If, however, payment is not made within ten(10)business days of said written notice due to circumstances beyond the reasonable control of COUNTY, which circumstances may, without limitation hereby, include failure of COUNTY to adopt a budget, then COUNTY shall make such payment within such additional time, but not to exceed a total of seventy five (75) days from AUTHORITY'S notice to COUNTY. 2. COUNTY'S failure to comply with any other material term or provision of this Lease if such failure continues thirty (30) days after written notice of failure from AUTHORITY to COUNTY 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, COUNTY'S failure to perform shall constitute a default under the Lease unless COUNTY 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 COUNTY, AUTHORITY may re-enter and repossess the Premises and remove all persons and property therefrom after giving COUNTY written notice of such default and in accordance with due process of law. b. Event of Default by AUTHORITY 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 COUNTY 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. Notwithstanding the foregoing, in the event of a situation 8 G:\L,easeMjtt\CAROL11744Finall-me.doc creating a perilous condition on the Premises which substantially and significantly threatens the health and safety of COUNTY and/or its invitees, AUTHORITY shall use reasonable efforts to immediately address the situation and shall use diligent efforts to correct the perilous condition. On the occurrence of an Event of Default by AUTHORITY, COUNTY may terminate this Lease and quit the Premises without further cost or obligation or may proceed to repair or correct the failure and either deduct the cost thereof from rental payments due to AUTHORITY, or at COUNTY'S option, invoice AUTHORITY for the cost of repair, which invoice AUTHORITY shall pay promptly upon receipt. 8.7, SURRENDER OF 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 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 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. B.S. 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. 8.9. SEVERABILITY: 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. B.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the Premises are located. 9 G:\LeaseMgt\CAROL\1744Fina]Lease.doc 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 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. (Remainder ofPage Intentionally Left Blank) 10 G:\L.easeMgt\CAROL\1744FinaILzasc.doc LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 1744 4TH ST.,UNIT#602 RICHMOND, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.I. 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. C.2. SERVICE BY AUTHORITY: It is understood and agreed AUTHORITY may provide certain landscaping, maintenance, construction, remodeling or like services beyond those which are the AUTHORITY'S responsibilities as specified in Paragraph A.8, 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 the 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. COUNTY shall have the right to change the level of service from time to time by giving AUTHORITY thirty{3 0) days' prior written notice, including the right to terminate any or all service, or to require different contractors to provide the service. C.3. 11FLA OUS MATERIALS: AUTHORITY warrants to COUNTY that AUTHORITY does not have any knowledge of the presence of hazardous materials or contamination of the Building or Premises in violation of environmental laws. AUTHORITY agrees to defend, save, protect and hold harmless COUNTY from any loss arising out of the presence of any hazardous materials on the Premises which is not a result of the COUNTY'S use and occupancy of the PREMISES. AUTHORITY acknowledges and agrees that COUNTY shall have no obligation to clean up or 11 G:\LeaseMgt\CAROL\1744Fina]Lcase.doc remediate, or to contribute towards the cost of clean up or remediation, of any hazardous materials that is not caused to be present, released, discharged or spilled on or about the Premises by COUNTY or any of'its agents, employees, contractors, invitees or other representatives. The obligations of this paragraph shall survive the termination of this Lease. "Hazardous Materials" is defined to mean any substance, material or waste, including lead based paint, asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated as a hazardous substance., hazardous waste, hazardous material, toxic substance or material under any federal, state or local law, regulation or ordinance. CA OF PREVIOUS LEASE: It is understood and agreed that COUNTY occupies the Premises under the terms of a Lease commencing November 1, 2000. Upon the co nencement date of this Lease, said November 1., 2000 Lease shall terminate. 12 G:\LeaseM.gt\CAROL\1744Fina]Lease,doc i 1 . t1�t p � � 3 1p VVR. op "'''r •�. _. X10 4 mom { r• 1