HomeMy WebLinkAboutMINUTES - 04052005 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: April 5, 2005
SUBJECT: LEASE OF PREMISES WITH LIBERTY UNION HIGH SCHOOL DISTRICT FOR
COMMUNITY EDUCATIONAL PROGRAMS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Executive Director of the Housing Authority of the County of
Contra Costa to execute a lease with Liberty Union High School District for the use of 315 Orchard Drive,
Brentwood, CA, to provide the residents of Los Nogales and the residents of Liberty Union High School
District literacy classes for parents, computer literacy after school, tutorial classes for school age children,
and opportunity classes for high school students at risk for the period of February 24, 2005 to June 30,
2006.
11. FINANCIAL IMPACT:
There is no financial impact. The Housing Authority is providing in kind support services, which
includes the office space and building maintenance. These in kind services are included in this year's
approved budget. No County General Funds are required. Liberty Union High School District has been
an important part of the Brentwood community for more than thirty-three years.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
For several years Liberty Union High School District has provided organized educational activities for
children in their elementary school years through high school years at the Los Nogales Public Housing
complex and in the Brentwood community. The activities that are to be provided to the residents are
allowable costs under the federal Housing Urban Development guidelines. Liberty Union High School
District provides for after school social and educational activities for all school age children residing in the
community.
IV.CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to approve the recommended action, this community
service program provided to Public Housing residents and the local community of Brentwood would not be
available to them.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
- APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED 0' ER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT 75 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
Y JOHN SWEETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
4
BY J41 .. DEPUTY
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TABLE OF CONTENTS
HOUSING AUTHORITY OF THE AGENCY OF CONTRA COSTA
TO
LIBERTY UNION HIGH SCHOOL DISTRICT
FOR
315 ORCHARD DRIVE
BRENTWOOD, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. P��R��I����',...�..,�'...'.',,'�,.'�..'�.��.'....'...'.....'...'..'.'.....'...''.'.'...,.,.'�..�.,.,'�.�'�..�^,��.,', I
A.2~ LEASE OF PREMISES............................ l
A.3~ USE OF PREMISES: ,,~,~,~,~,~,~,~,__,~,~_~,~_~,~,,,,__~,~_,,~_~,,_~,^__,^~.~^~_.^,`~^^'',^~_~^~_~^,'~..' l
A*4* TERM I
A.5~ RENT... I
A.6. EXTENSION....................................................................................................2
A,7~ UTILITIES AND JANITORIAL..~.~.~.~..'~...~...,.~.~'~'.^'..~'~.~'~.~'.'..~..'~'~'~'~...._.2
A.8~ MAINTENANCE AND REPAIRS: ....,...~,.'~^'~-~^^`~'~'~'~'^.~~'~'~^^^^^~2
A.9. NOTICES:............~_.~,~,.,,.,,,~~,~,,,^,,,,,',,,',,,,,,,,,,~,,.~^,_^,~,^~~,`,^.,,,,~.~~,,`3
A.10. ATTACHMENTS:.........................................................................................3
A.11~ WRITTEN AGREEMENT....`...^^`~^~~^^~^^~~~'~~^~`'~~~~.~~`~~~~`~~~~^~3
A.12., TIME IS OF THE ESSENC]E-...'...'...'.'.^~'.'..~'~..'...--~,.,,.~~^~.,,_,,.,,..^.3
A.,13., SIGNATURE BLOCK..................................................................................4
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER.........................................................................................5
B*2~ HOLD HARMLESS^^^^~^^^^^^^^'^^^-^^^~^^'~^~'^^~^`~^~^~^^`^^^^^^'^`^^^^^'~^^^^^^^^^^^^^'^^^'^^^^^'5
Rol ALTERATIONS, FIXTURES9 AND SIGNS,......,..............~^.^^^^^^^^~^~^~^^^^^^^5
Bo4~ DESTRUCTION.~.~.~~.~'~.~.~...~.~~~..~.~....'~...~..~..'.'~.~'..~'~..^.~.^..~...`...^...,~^.6
Bo5 �
~ X�[�����l�KU��|][........,.,'...~..,~...........'..~'..~..'...~~'~..~^~.^^^^~~^-~~^`~^~~^^~
B*6~ DEFAULTS........................~,..~.,,,,,,,,,,.,,,^..^,.,~`.,..,,..~^'^..,.........~^..,.'...~..~-^6
B[7o SURRENDER OF PREMISES:^^~^~^~^^^~^~^^^^^^~^~^~^^^~^^^^^^~^~^~^^^~^~^~^^^^^^^^°`~^~^~^~^^^7
B*8o SUCCESSORS AND ASSIGNS~...~.~.,...~~~.~~~,......~....~.~'~...~'~.~.~.~.~~~....'...'....7
B.9~ SEVERABILITY....'~............^..^^~.............~.'..'~..~.~~,.^^~~..`~^.~,~^.~,�...,...,~.7
�
B*10* I�U]XS��NC%E..................'~.....~.~.....,..~.~...~.....'....~'..~'.^..~^'^'^.,'~^~'~^~'~-^ '
B*ll. INSPECTION.~.~...^..~^~..^~^~.......`~.~.~'.^^..'.~'~.~.~'~......`~,~_....,.,~..~....` /
�
B,12~ . ~ .
~'~.~.~..~.~.~.~.~.~.~.~......~.~...~.~'~.~~~~.~...~'~......~...~.~.~.~,..~.~'.. .~,..... ,,...
SECTION C: SPECIAL PROVISIONS
C.l~ SERVICES BY AGENCY.'~.~.~.~.~.~.~.~'..~-.~'~.~'.'~.~..~~'~.^..'.^~~^.~.^.^~~.~,~.^.8
SUBLEASE �
C.2~ OR ~
.'....,....^..^.^~..^.^..~^..'.....'~.... ....^'....~'~,..~'..'.�
EXHIBIT A:
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CAL 11-4
315 Orchard Drive
Brentwood, California
for
Community Educational Programs
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES:_Effective on February 24,2005,the HOUSING AUTHORITY OF THE
AGENCY OF CONTRA COSTA,,hereinafter called"AUTHORITY,"and the LIBERTY
UNION HIGH SCHOOL DISTRICT,a community education center,hereinafter called the
"AGENCY" mutually agree and promise as follows:
A.2. LEASE OF PREMISES:.AUTHORITY, for and in consideration of the covenants
and conditions expressed herein, ,hereby leases to AGENCY,and AGENCY leases from
AUTHORITY those certain premises described as follows,CAL 11-4,315 Orchard Drive,
Brentwood, California, consisting of a single story building.
A.3. USE OF PREMISES.* The premises shall be used for residents of Los Nogales and
residents of the Liberty Union High School District during the term for a family literacy
class four days per week for parents to improve their English skills, so that they may help
their children with school. An evening class in computer literacy will be provided, and
participants will receive a reconditioned computer upon completion. Agency willprovide
an after-school tutorial class for school age children. This will be in cooperation with the
elementary school district and Liberty High School's Teaching and Learning Academy
students. Agency will explore the possibility of providing an opportunity class for high
school students who are at risk. These are students who have been unsuccessful in a
traditional school setting, due to low academic skills.
A.4. TERM; The term of this Lease will commence on February 24, 2005 and end June
30"9 2006.
A.5. RENT: AGENCY shall pay to AUTHORITY as rent for the use of said Premises the
sum of one dollar($1.00)per year during the term of this Lease. Payments shall be mailed
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to: HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA at P.O.Box 2759,
Martinez, CA 94 5 5 3.
A.6. EXTENSION
It is understood and agreed AGENCY shall give AUTHORITY thirty(30) days
prior written notice of its intention to exercise any option to extend this Lease. However,
in the event AGENCY 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.7. UTILITIES AND JANITORIAL: AUTHORITY shall pay for all gas and electric
services provided to the Premises and provide its own. AUTHORITY shall pay for water,
sewer, and refuse collection services provided to the Premises.
A.8. 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. 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 systems used in the
Pren u*ses.
C. AUTHORITY shall maintain and repair the heating and ventilating systems.
D. AUTHORITY shall maintain the landscaping,sprinkler system,and exterior
lighting system in good order, condition, and repair.
E. 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 AGENCY. AUTHORITY shall thereafter maintain, repair, and replace
said extinguishers.
F. AGENCY shall not suffer any waste on or to the Premises.
G. AUTHORITY shall be responsible for the correction of any code violations
which may exist in the Premises,provided AUTHORITY shall not be liable
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for correction of code violations which arise out of and are directly related
to a change in AGENCY'S occupancy or use of said 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 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, California 94553
To Agency: Liberty Union High School District
929 Second Street
Brentwood, CA 94513
A,10e ATTACHMENTS: Section B, Standard Provisions, and Section C, Service
Provisions 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
request, in writing, signed by both parties. The headings of the paragraphs andpages 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.12. TIME IS OF THE ESSENCE: for each and all of the terms andprovisions of this
Lease.
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A.13. SIGNATURE BLOCK
AGENCY AUTHORITY
LIBERTY UNION HIGH HOUSING AUTHORITY OF THE
SCHOOL DISTRICT COUNTY OF CONTRA COSTA
A Community Education Center
By By:
Gene Clare Robert McEwan, Executive Director
Director Community Education
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315 Orchard Drive
Brentwood, California
for
Community Educational Programs
SECTION B: STANDARD PROVISIONS
B.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 terms
of this Lease so far as applicable.
B.2. HOLD HARMLESS: AGENCY agrees to defend,indemnify,and hold harmless
the AUTHORITY from the AGENCY'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 AGENCY, its officers, agents or
employees. AGENCY 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 AGENCY 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.
Be3e ALTERATIONS, FIXTURES,AND SIGNS.* AGENCY may make any lawful
and proper minor alterations,,attach fixtures and signs in or upon the Premises,,which shall
remain AGENCY property and may be removed therefrom by AGENCYprior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at AGENCY's
sole cost and expense.
B-4. DESTRUCTION:
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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.
B. If such repairs cannot be made in sixty(60)days,AUTHORITY may, at his
option,make the same within a reasonable time. 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 are
located shall terminate this Lease.
8.5, QUIET ENJOYMENT: AUTHORITY covenants that AGENCY 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 AGENCY fully performs hereunder.
B.A. DEFAULTS: In the event of AGENCY'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 AGENCY written notice of such default
and in accordance with due process of law. In the event of such a breach by
AUTHORITY,AGENCY 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
from the breach and deduct the cost thereof from rentalpayments due to AUTHORITY,
provided that AGENCY has given AUTHORITY written notice of said breach and
provided that AUTHORITY has not made a substantial effort to correct said breach.
84.7. SURRENDER OF PREMISES: On the last day of the term, or sooner
termination of this Lease, AGENCY will peaceably and quietly leave and surrender to
AUTHORITY these Premises with their appurtenances and fixtures (except signs and
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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 AGENCY has no control.
AGENCY shall not be liable for painting the interior of the Premises upon termination of
this Lease.
8.8. 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.
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 AGENCY or AUTHORITY in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. WASTE, NUISANCE: AGENCY 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.
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 he preservation of theproperty, and
in
full compliance with the terms and conditions of this Lease.
8.12. INSURANCE: During the entire term of this Agreement, AGENCY agrees, at
no cost to AUTHORITY, to obtain and maintain: (a) Workers' Compensation
Insurance pursuant to state law for any employee and (b) Comprehensive Liability
Insurance with a nu*nimum combined single-I M* *t coverage of$100,000,000 for all
claims or losses due to bodily injury, sickness or disease or death of any person, or
damage to property, including loss of use thereof arising out of each accident or
occurrence, and to name the Housing Authority of the County of Contra Costa, its
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Al
officers, agents and employees as additional insured thereunder. Said coverage shall
provide for thirty (30) days written notice to AGENCY of cancellation or lapse.
Evidence of such coverage shall be furnished to AGENCY upon execution of this
Agreement.
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SECTION C: SPECIAL PROVISIONS
C.1. SERVICES BY AGENCY: AGENCY shall provide residents of Los Nogales
and residents of the Liberty Union High School District a family literacy class to
improve their English, an evening class in computer literacy, an after-school tutorial
class for school age children and possibly an opportunity class for high school students
who are at risk. However, at least 50% of the population it serves must be public
housing development residents.
AUTHORITY shall consult with AGENCY and select either licensed, insured
contractors or employees of AUTHORITY to provide the service. AUTHORITY shall
obtain AGENCY's prior approval on the scope, term, and cost of the contracts.
C.2 ASSIGNMENT OR SUBLEASE: AGENCY 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.
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