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Home My WebLink AboutMINUTES - 04142007 - C.78 TO: BOARD OF SUPERVISORS ;- CONTRA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES COSTA fir.••;_ DATE: AUGUST 14, 2007 ..U... `= COUNTY °ra cdii:+''� SUBJECT: LICENSE FOR THE PARKING LOT AT 604 ALHAMBRA AVENUE, -73 MARTINEZ FOR THE COUNTY CLERK-RECORDER (CP # 07-57, C WLP574) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE a License with the Laborers' International Union of North American, Local 324, for a period of one year commencing August 15, 2007, and ending August 14, 2008, at the rate of $835 per month, for the parking lot at 604 Alhambra Avenue, Martinez, for use by the Clerk- Recorder, under the terms and conditions more particularly set forth in the License. 2. AUTHORIZE the Director of General Services, or designee, to EXECUTE the License. 3. DETERMINE that the project is a Class 1, Section 15301 Categorical Exemption under the California Environmental Quality Act (CEQA). 4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Community Development Department and County Clerk for filing of the Notice of Exemption. FINANCIAL IMPACT This license will obligate the County to pay total license fees of $10,020 per year from the Clerk- Recorder's budget (Org. 2451). BACKGROUND Approval of the License will provide for use of a parking lot containing 17 parking spaces to supplement the parking at 555 Escobar Street as requested by the County Clerk-Recorder. CONTINUED ON ATTACHMENT: ✓ YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR COMMITTEE —LAPPROVE _OTHER SIGNATURE(S): 4CTION OF BOA ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS �NANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:MICHAEL J.LANGO(313-7100) Originating Dept.:General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Real Estate Services Division AND CORRECT COPY OF ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. Auditor-Controller(via RES) Risk Management(via RES) ATTESTED �'lV Clerk-Recorder(via RES) J HN CU N,CLERK OF THE BO RD OF SUPEVISORS Laborers'International Union of North America, Local 324(via RES) =ADMINISTRATOR r, BY DEPUTY \:\LeaseMgt\Board Ord ers\2007-08-14\004AIhambrabdo1.doc SBV:tb Page 1 of 1 M382(10/88) LICENSE AGREEMENT 604 ALHAMBRA AVENUE, MARTINEZ This License Agreement is effective , by and between LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 324, hereinafter called "LICENSOR" and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY." LICENSOR owns the property commonly known as 604 Alhambra Avenue, Martinez, California (Assessor's Parcel Number 373-222-007), including the parking lot thereon (the "Parking Lot") as shown on Exhibit "A," attached hereto and made a part hereof (collectively the "Property"). COUNTY desires to obtain LICENSOR'S permission to use the Parking Lot for the purpose of parking vehicles, and LICENSOR is willing to permit such use upon the terms and conditions contained herein. Now, therefore, the parties agree as follows: 1. Grant of License: Subject to the terms and conditions of this License Agreement, LICENSOR hereby grants to COUNTY an exclusive license to use all seventeen (17) parking spaces in the Parking Lot located on the Property as shown on Exhibit "A," together with rights of ingress and egress, Monday through Friday, from 6:00 am to 6:00 pm. The Parking Lot shall only be used for parking by COUNTY'S officers and employees. LICENSOR shall have use of the Parking Lot Monday through Friday, from 6:00 pm to 6:00 am, and on weekends and holidays recognized by COUNTY. 2. Term: The term of this Agreement shall be year - to - year commencing on August 15, 2007 through August 14, 2008, and shall automatically renew for each annual period thereafter pursuant to Section 3 (each annual period, a "Term"). 3. Automatic Renewal: This Agreement shall be automatically renewed upon the same terms and conditions, including the monthly fee, every year on a year — to — year basis unless written notice is received by COUNTY from 1 DRA:Sl3V 604AIhambral icense5.doc July 17.2007 10:30am LICENSOR no later than ninety (90) days prior to the expiration of the then current Term. 4. Fee: As consideration for this Agreement, commencing on August 15, 2007, and continuing until termination of this Agreement, COUNTY agrees to pay LICENSOR a fee of EIGHT HUNDRED THIRTY-FIVE AND NO/100 DOLLARS ($835.00) per month, prorated for any such shorter period of time. Payments shall be made in advance on or before the tenth (10`h) day of each month during the License Agreement and shall be mailed to: Laborers' International Union of North America, Local 324 611 Berrellesa Street Martinez, CA 94553 5. Hold Harmless: COUNTY agrees to indemnify, hold harmless, and defend LICENSOR from COUNTY'S share of any and all claims, costs and liability for the damage, injury or death of or to any person or the property of any person, including attorney's fees, arising out of negligent acts, errors or omissions of COUNTY, its officers or employees, guests and invitees, in connection with COUNTY'S use of the Parking Lot pursuant to this License Agreement. COUNTY shall not be liable in the case of any structural, or other failure of the Parking Lot or for liability which is attributable, in whole or in part, to the sole negligence or sole willful misconduct of LICENSOR, its officers, employees, or agents. LICENSOR agrees to indemnify, hold harmless, and defend COUNTY from the LICENSOR'S share of any and all claims, costs and liability, including attorney's fees, for any damages, injury or death of any person or the property of any person, arising out of negligent acts, errors or omissions of the LICENSOR, its agents or employees. 6. Insurance: Throughout the Term of this Agreement, COUNTY, at its sole cost and expense, shall maintain in full force and effect, a general self- insurance program covering bodily injury (including death), personal injury, 2 DRA:SBV 604AIhambralicense5.doc July 17,?007 10:30am and property damage, including loss of use. COUNTY shall provide LICENSOR a letter of self-insurance indicating the aforementioned provisions are in effect and naming LICENSOR as an additional insured. The COUNTY'S self-insurance coverage does not extend to negligence, willful misconduct, or other intentional acts, errors or omissions of LICENSOR, its officers, agents, or employees. 7. Maintenance: LICENSOR shall be responsible and provide for the maintenance and repair of the Parking Lot and shall keep the Parking Lot in a condition such that COUNTY may use it as intended by this License Agreement. COUNTY shall have no responsibility for the maintenance or repair of the Parking Lot. Prior to the commencement of this License, LICENSOR, at LICENSOR'S expense, shall repaint the striping of the parking spaces in a delineation pattern as requested by COUNTY. 8. Alterations, Fixtures and Signs: COUNTY may erect and attach signs within the Parking Lot, which signs shall remain COUNTY property and may be removed therefrom by COUNTY prior to the termination of this License Agreement. Any such signs shall be erected or installed at COUNTY'S sole cost and expense, and shall meet with existing code requirements and LICENSOR'S approval, which shall not be unreasonably withheld. 9. Transfers: This License Agreement shall not be transferable or assignable by LICENSOR or COUNTY. 10. Termination: COUNTY shall have the right to terminate this License Agreement at any time by providing LICENSOR with ninety (90) days written notice to LICENSOR, which written notice shall be from the Director of General Services, or his designee. 11. Notifications: Any demand or notice which either party shall be required, or may desire, to make upon or give to the other shall be in writing and shall be 3 DRA:SBV 604AIhambral icense5.doc July 17,2007 10:30am delivered personally upon the other or be sent by prepaid certified mail addressed to the respective parties as follows: LICENSOR: Laborers' International Union of North America, Local 324 611 Berrellesa Street Martinez, CA 94553 COUNTY: Contra Costa County General Services Department Real Estate Services Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553 12. Entire Agreement: This License Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. No alteration or variation of this License shall be valid or binding unless made in writing and signed by the parties hereto. COUNTY LICENSOR COUNTY OF CONTRA COSTA, a LABORERS' INTERNATIONAL UNION political subdivision of the State of OF NORTH AMERICA, LOCAL 324 California By By Michael J. Lango Willie Hicks, President Director of General Services By RECOMMENDED FOR APPROVAL: Randy LeMoine, Business Manager By Dick R. Awenius Real Estate Manager APPROVED AS TO FORM: SILVANO B. MARCHESI, County Counsel By Eric S. Gelston Deputy 4 DRA:SBV 604AIhambral icense5.doc July 17,2007 10:30am a i 9'• :� � t fi' a'*" f f } -wr Or4 1i B s � Eric S Gelston/CC/CCC To Steve Van Horn/GSD/CCC@CCC 08/01/2007 05:01 PM cc bcc Subject Re:604AIhambralicense5.docn Steve, Thanks for the revised version of the license with the changes to Section 5. 1 am signed off on the license. Eric Steve Van Horn/GSD/CCC Steve Van Horn/GSD/CCC } 1 To a els cc.cccount us cc 08/01/2007 04:51 PM 9 °� y Subject 604AIhambralicense5.doc Eric: Here's the document per our conversation. Thank you for your help with this. Steve Steven B. Van Horn, Senior Real Property Agent Contra Costa County General Services Department - �- Real Estate Services Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553 Phone: 925-313-7260, Fax: 925-313-7299 A Learn to accept in silence minor aggravations. -Sir William Osler 604Alhambralicense5.doc