HomeMy WebLinkAboutMINUTES - 06212005 - HA1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA ftA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwan, Executive Director
DATE: June 21, 2005
SUBJECT: LEASE OF PREMISES WITH YMCA OF THE EAST BAY
SPECIFIC REQUEST (S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Executive Director of the Housing Authority of the County of
Contra Costa to execute a Lease on behalf of the Housing Authority with the YMCA of the East
Bay for the use of#2-C California Street in Bayo Vista, Rodeo, California, as stated in the attached
Lease.
11. FINANCIAL IMPACT:
In consideration for the services provided to the youth of Bayo Vista, the Housing Authority will
lease 2,408 square feet of space at $1.00 for the initial lease term and $1.00 per year thereafter
for the lease extensions. No County General Funds are required.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
The YMCA uses the premises to provide youth programs, including recreation activities and has
been an important part of the Bayo Vista community since 2001. The original Lease from 2001 will
expire June 30, 2005. The new Lease term is from July 1, 2005 through December 31, 2006, with
three one-year extensions. This Lease with the YMCA is allowable under the Federal Department
of Housing and Urban Development guidelines.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to authorize the Executive Director to enter into the
new Lease with the YMCA, the services provided to the residents of Bayo Vista may no longer be
available, and this would be detrimental to the resident youth activities of this public housing
development.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD 0 APPROVED AS RECOMMENDED V1 OT6R
VOTE OF COMMISSION S
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENTTRUE 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
jJOHN SWEETEb(,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY —,DEPUTY
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LEASE
TABLE OF CONTENTS
HOUSING AUTHORITY OF THE AGENCY OF CONTRA COSTA
TO
YMCA OF THE EAST BAY
FOR
#2—C CALIFORNIA STREET
RODEO, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES.......................................................................................................... 1
A.2. LEASE OF PREMISES.................................................................................. 1
A.3. USE OF PREMISES:...................................................................................... 1
A.4. TERM............................................................................................................... 1
A.5. RENT................................................................................................................ 1
A.6. EXTENSION... ..........................0 ............0............................... ....o...00 ....a..... 2
A.7. UTILITIES AND JANITORIAL..,.,........a........................................... a....2
A.8, MAINTENANCE AND REPAIRS:..............................................a................2
A.9. NOTICES:........................................................................................................ 3
A.10. ATTACHMENTS: ........................................................................................ 3
A.11. WRITTEN AGREEMENT ................................................a.......................a. 3
A.12. TIME IS OF THE ESSENCE ........................................................................... 3
A.13. SIGNATURE BLOCK.,.......................................................................................4
SECTION B: STANDARD PROVISIONS
B.1. HOLDING OVER............................................................................................ 5
B.Z. HOLD HARMLESS...................................................................................... 5
B.3. ALTERATIONS, FIXTURES, AND SIGNS.............................................. 5
B.4. DESTRUCTION ...........................................................................................6
B.5, QUIET ENJOYMENT .................................................................................6
B.6. DEFAULTS ................................................................................................... 6
B.7. SURRENDER OF PREMISES:........................................................a.......... 7
B.8, SUCCESSORS AND ASSIGNS..........................................a............................. 7
B.9. SEVERABILITY...........................................................................................7
B.10. WASTE, NUISANCE ..................................................................................07
B.11. INSPECTION................................................................................................ 7
B.12. INSURANCE..................................................................................8
B.13. ASSIGNMENT OR SUBLEASEoessoovooeoesee ...............8
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LEASE
2-C California Street
Rodeo, California
for
Youth Service/Recreation Center
SECTION A: BASIC TERMS AND CONDITIONS
AA. PARTIES: Effective on July 1, 2005, the HOUSING AUTHORITY OF THE
COUNTY OF CONTRA COSTA,hereinafter called"AUTHORITY",'and the YMCA OF
THE EAST BAY, a non-profit corporation 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,#2-C California Street,Rodeo,
CA, a two level community center building(excluding approximately 120 square feet)of
the northwest comer of the ground floor.
A.3. USE OF PREMISES: The Premises shall be used during the term for the operation
of the community youth program exclusively for the children residing in the Rodeo area.
.,
Program will provide health and physical education, social recreation, outdoor
environmental education services, citizenship and leadership skills with quality guidance
and after school care.
A.4. TERM:The term of this Lease shall commence on July 1, 2005 and end December
31, 2006.
A.5. RENT: AGENCY shall pay to AUTHORITY as rent for the use of said Premises
$1.00 for the initial term,, July 1, 2005 to December 31, 2006, and $1.00 for each
remaining twelve month term thereafter,see Section A.6,"Extension". Payments shall be
mailed to: HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA at P.O.Box
2759, Martinez, CA 94553.
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A.6. EXTENSION: This Lease may, at the option of the AUTHORITY be extended at
the rate of$1.00 per year as follows:
A. First Option: For a one (1) year term, commencing January 1, 2007 and
ending December 31, 2007
B. Second Option: For a one (1)year term, commencing January 1, 2008 and
ending December 31, 2008
C. Third Option: For a one(1)year term,commencing on January 1,2009 and
ending December 31, 2009
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. AGENCY shall provide its own janitorial service.
AUTHORITY shall pay for water and sewer 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
Premises.
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.
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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
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: YMCA of the East Bay
263 South 20th Street
Richmond, CA 94804
A.10. ATTACHMENTS: Section B, Standard Provisions, is 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 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.12. TIME IS OF THE ESSENCE: for each and all of the terms and provisions of this
Lease.
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A.13, SIGNATURE BLOCK
AGENCY AUTHORITY
YMCA OF THE EAST BAY HOUSING AUTHORITY OF THE
a non-profit corporation. AGENCY OF CONTRA COSTA
By: By:
Robert A. Wilkins Robert McEwan,, Executive Director
President and CEO
Date: Date:
By:
Eli Cardenas
Vice President
Date:
05/11/055
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.
8.3., 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 AGENCY prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at AGENCY's
sole cost and expense.
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 AGENCY shall be
entitled to a proportionate reduction of rent while such repairs are being
05/11/05 6
made,such proportionate reduction to be based upon the extent to which the
portion of the Premises unusable by AGENCY bears to the total area of the
Premises.
B. If such repairs cannot be made in sixty(60)days,AUTHORITY 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 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,o 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.
8.6. 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 rental payments 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.
8.7. 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
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.
05/11/05 7
AGENCY shall not be liable for painting the interior of the Premises upon termination of
this Lease.
B.B. 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. 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.
8.10. 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.
8.11. 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.
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 minimum combined single-limit coverage of$1,000,000.00 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
officers, agents and employees as additional insured thereunder. Said coverage shall
provide for thirty (30) days written notice to AUTHORITY of cancellation or lapse.
Evidence of such coverage shall be furnished to AUTHORITY upon execution of this
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Lease.
B.13, 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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