HomeMy WebLinkAboutMINUTES - 03182008 - C.3 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA el 03
TO: BOARD OF COMMISSIONERS
FROM: Joseph Villarreal, Executive Director
DATE: March 18, 2008
SUBJECT: LEASE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF
CONTRA COSTA AND THE COUNTY OF CONTRA COSTA DEPARTMENT OF
GENERAL SERVICES FOR USE OF 94A MEDANOS AVENUE, BAY POINT AS A HEAD
START FACILITY
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Executive Director of the Housing Authority to enter into a Lease
Agreement with the General Services Department of Contra Costa County and to execute said Lease
Agreement for use of the premises at 94A Medanos Avenue, Bay Point, California, as stated in the
attached Lease.
II. FINANCIAL IMPACT:
The annual rental fees will go into the Housing Authority of the County of Contra Costa's Non-
Dwelling Rentals account that is a General Fund Account that is used to provide general maintenance for
the Housing Authority. In the first year of the Lease the County will pay the Housing Authority $550 per
month, $560 the second year, $570 the third year, $580 the fourth year and $590 the fifth year.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The County of Contra Costa has been using 94A Medanos Avenue, Bay Point, CA, as a Head
Start facility operated by the County of Contra Costa. This facility and program is available to Public
Housing residents of the Housing Authority of the County of Contra Costa, as well as the surrounding
community. This original Lease Agreement has been in effect since July 1, 2001 and expired June 30,
2007. The County has been paying the Housing Authority $550 per month since July 1, 2007 on a month
to month basis. The new Lease is effective April 1, 2008 and is subject to Board approval. The
Community Development department has approved the CEQA filing for this lease between the Housing
Authority and the County.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board elect not to authorize the Executive Director to execute the new Lease
Agreement, the Head Start program operated by the County would no longer function at this site and this
would be a detriment to the development, as well as to the community.
CONTINIJED ON ATTACFIMENT: YES SIGNATURE
Joseph Villarreal,EX000UVC Dircclor
RI COMMENDATION 01.EXECUTIVE DIRECTOR RE'C'OMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON �� �C� APPROVED AS RECOMMENDED —>I/--
VOTE OF COMMISSIONERS
I HEREBY CERTIFY TI IAT TI IIS IS A
UNANIMOUS (ABSENT � /��� ) TRUE,AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON TI IE
ABSENT: __YJ6 01 ABSTAIN:_ MINUTES OI'TI IF BOARD O
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED pah-9/9
.IOSEPH VILLARREAL CLERK OF
THE BOARD OF COMMISSIONERS
AND EXECUTIVE DIREc,rOR
cc: Dave Silva, General Services
BY DEPUTY
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LEASE
TABLE OF CONTENTS
94A MEDANOS AVENUE
BAY POINT, CALIFORNIA
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES..................................................................................................... 1
A.2. LEASE OF PREMISES.............................................................................. 1
A.3. TERM........................................................................................................... 1
A.4. RENT....................................................................... 1
.....................................
A.S. EXTENSION............................................................................................... 2
A.6 USE OF PREMISES................................................................................... 3
A.7. UTILITIES.................................................................................................. 3
A.B. MAINTENANCE AND .REPAIRS............................................................ 3
A.9. NOTICES..................................................................................................... 4
A.10. EXH I BITS AND ATTACHMENTS ......................................................... 5
A.11. WRITTEN AGREEMENT........................................................................ 5
A.12. TIME 1S OF THE ESSENCE.................................................................... 5
A.13. SIGNATURE BLOCK ............................................................................... 6
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER....................................................................................... 7
B.2. HOLD HARMLESS ................................................................................... 7
B.3. ALTERATIONS, F. IXTURES, AND SIGNS............................................ 7
B.4. DESTRUCTION ......................................................................................... 8
B.S. QUIET ENJOYMENT............................................................................... 8
B.6. DEFAULTS ................................................................................................. 8
B.7. SURRENDER OF PREMISES................................................................ 1.0
B.B. SUCCESSORS AND ASSIGNS............................................................... 10
B.9. SEVERABILITY ...................................................................................... 10
B.10. WASTE, NUISANCE ............................................................................... 10
BAAINSPECTION............................................................................................ 11
SECTION C: SPECIAL PROVISIONS
CA. ASSIGNMENT OR SUBLEASE............................................................. 12
C.2. SERVICE BY LESSOR............................................................................ 12
C.3. INSURANCE............................................................................................. 12
CA. CANCELLATION.................................................................................... 12
EXHIBITS
FXH113IT A: PREMISES
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LEASE
FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
94A MEDANOS AVENUE
BAY POINT, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective oil THE HOUSING
AUTHORITY OF THE COUNTY OF CONTRA COSTA, hereinafter called
"LESSOR", 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: LESSOR, for and in consideration of the rents, hereby
leases to COUNTY, and COUNTY ]cases from LESSOR those certain premises
described as follows: approximately 3,800 square feet of indoor space consisting of one
classroom, a multi purpose room, bathrooms, a kitchen, storage closets, and
approximately 5,000 square feet of adjacent outdoor recreation space, commonly known
as the Lavonia Allen Child Care Development Center, 94A Mcdanos Avenue, Bay Point,
California, and shown on Exhibit "A" ("Premises") attached hereto and made a part
hereof.
A.3. TERM: The term ("Term") of this Lease shall be rive (5) years, commencing
April 1, 2008, and ending March 31, 2013, subject to Sections A.5 and CA, herein below.
A.4. RENT: Commencing April 1, 2008, and ending. March 31, 2009, the COUNTY
shall pay to LESSOR as rent ("Rent") for the use of the Premises a monthly rental of
FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($550.00), payable in advance on
the first day of each month. Commencing April 1, 2009, and ending March 31, 2010, the
COUNTY shall pay to LESSOR a monthly rental of FIVE HUNDR] D SIXTY AND
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NO/100 DOLLARS ($560.00). Commencing April 1, 2010, and ending March 31, 2011,
the COUNTY shall pay to LESSOR a monthly rental ofFIVE HUNDRED SEVENTY
AND NO/]00 DOLLARS ($570.00). Commencing April 1, 2011, and ending March 3.1
2012, the COUNTY shall pay to .LESSOR a monthly rental of FIVE IIUNDRED
EIGHTY AND NO/100 DOLLARS ($580.00). Commencing April 1, 2012, and ending
March 31, 2013, the COUNTY shall pay to LESSOR a monthly rental of FIVE
I-IUNDRED NINETY AND NO/100 DOLLARS ($590.00). Payments shall be mailed to
LESSOR at the following address:
The Housing Authority of the County of Contra Costa
Attn: Fiscal Department
P.O. Box 2759
Martinez, CA 94553
A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon
the same terms and conditions., except the Rent shall be adjusted as follows:
a. First Option: For a one (1) year term, commencing April 1, 2013, and
ending March 31, 2014, at a rental of SIX HUNDRED AND NO/1.00
DOLLARS ($600.00) per month.
b. Second Option: For a one (1) year term, commencing April 1, 2014, and
ending March 31, 2015, at a rental of SIX I'JUNDRED T.FN AND NO/100
DOLLARS ($610.00) per month.
C. Third Option: For a one (1) year tern, commencing April 1, 2015, and
ending March 31, 2016, at a rental o(' SIX HUNDRED TWENTY AND
NO/100 DOLLARS ($620.00) per month.
d. Fourth Option: For a one (1) year term, commencing April 1, 2016, and
ending March 31, 2017, at a rental of SIX HUNDRED THIRTY AND
NO/100 DOLLARS ($630.00) per month.
e. Fifth Option: For a one (1) year term, commencing April 1, 2017, and
ending March 31, 2018, at a rental of SIX HUNDRED FOURTY AND
NO/100 DOLLARS ($640.00) per month.
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.It is understood and agreed that COUNTY shall give LESSOR sixty (60) 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 alter
receipt of LESSOR's written demand to exercise or 1orl:eit said option. It is also
understood by COUNTY that LESSOR will seek approval of the Board of Supervisors
for each renewal option.
A.6 USE OF PREMISES: The Premises shall be used during the Term or extension
thereof for purposes of conducting Contra Costa County Community Services Department
Head Start, Child Development, or Child Care Programs, which may be operated by the
COUNTY or through the services provided by a contractor or subtenant of-'the COUNTY.
A.7. UTILITIES: LESSOR shall pay for all water and sewer services provided to the
Premises. COUNTY shall be responsible for and pay for all gas and electricity,janitorial
and refuse collection services, and shall pay to LESSOR ONE I1UND.RLD FIFTY AND
NO/1.00 DOLLARS ($150.00) per month for the cost of alarm services provided to the
Premises.
A.8. MAINTENANCE AND REPAIRS:
a. LESSOR 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 LESSOR shall repair damage to the
interior, including but not limited to COUNTY's personal property and
equipment, 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.
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C. COUN'I'Y shall repair and maintain the electrical, lighting, water, and
Plumbing systems in good order, condition, and repair.
d. COUNTY shall maintain and repair the heating, ventilating, and air-
conditioning (HVAC) systems, however, LESSOR shall be responsible for
the major repairs to or replacement of the HVAC systems.
C. LESSOR. shall maintain the alarm system, parking lot, landscaping,
sprinkler system, and exterior lighting system In good order, condition, and
repair.
f. COUNTY 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. COUNTY shall thereafter maintain, repair, and replace the
extinguishers.
g.
COUNTY shall not suffer any waste on or to the Premises.
h. LESSOR shall be responsible for the correction of any code violations
which may exist in the Premises, provided LESSOR 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 liven 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 LESSOR: I'hc Housing Authority of the County ot'Contra Costa
Attn: Operations Department
P.O. 13OX 2759
Martinez, CA 94553
To COUNTY: Contra Costa Count)'
General Services Department
Real Estate Services Division
1220 Morello Avenue. Suite 100
Martinez, CA 94553-4711
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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 I:orcc 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.
A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
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A.13. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA., a
political subdivision of the State of HOUSING AUTI IORITY Ol' THE
California COUNTY Ol` CON TRA COSTA
By By
Michael J. Lango Joseph Villarreal
Director of General Services C-xccutor Director
RECOMMENDED FOR APPROVAL:
MICIIAEL J. LANGO, Director of Gcneral
Services
13y
Dick R. Awenius
Real Estate Manager
APPROVED AS TO FORM:
SILVANO B. MARC]IESI, County Counsel
B
Deputy
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LEASE
FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
94A MEDANOS AVENUE
BAY POINT, 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 terms of this Lease so liar as applicable.
B.2. HOLD HARMLESS: COUNTY agrees to defend, indemnify, and hold the
LESSOR harmless 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 owned and maintained by the LESSOR, 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 LESSOR, which results in damage to any person or
property.
LESSOR agrees to defend, indemnify and hold the COUNTY harmless from the
LESSOR'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 LL?SSOR, its officers, agents or employees.
B.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 COUN 1 Y's
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sole cost and expense, and all signs shall meet with existing code requirements and
I,ESSOR'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, LESSOR. 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, LESSOR 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 LESSOR 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.
B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times
during the Term or extension thereof peaceably and quietly have, hold, and enjoy the
Premises without suit, trouble or hindrance from or oil account of LESSOR as long as
COUNTY fully performs hereunder.
B.6. DEFAULTS: The occurrence of any of the following shall constitute an event of
default ("Event of Default") tinder this Lease:
a. Event of Default by COUNTY.
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1. COUNTY's failure to pay any Rent within ten (10) business days after written
notice of failure From LESSOR 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 LESSOR's notice to COUNTY.
2. COUNTY's failure to comply with any other material term or provision ofthis
Lease if such failure continues thirty (30) days alter written notice of failure
from LESSOR 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, LESSOR 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 LESSOR.
LESSOR's failure to perform any of its obligations under this Lease shall
constitute a default by LESSOR if the failure continues for thirty (30) days after
written notice of the failure from COUNTY to LESSOR. lig the required cure of
the noticed default cannot be completed within thirty (30) days, LESSOR's failure
to perform shall constitute a default under the :Lease unless LESSOR 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 creating a perilous
condition on the Premises which substantially and significantly threatens the health
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and salety of COUNTY and/or its invitees, LESSOR shall use reasonable efforts to
immediately address the situation and shall use diligent cf1orts to correct the
perilous condition.
On the occurrence of an Event of Default by LESSOR, 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
LESSOR, or at COUTNTY's option, invoice LESSOR for the cost of repair, which invoice
LESSOR shall pay promptly upon receipt.
B.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
LESSOR. the .Premises with their appurtenances and fixtures (except signs and fixtures
referred to hereinabove) in good order, condition, and repair, exectiny 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. 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 LESSOR in its respective rights and
obligations contained in the valid provisions ol�this Lease.
B.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed,
any waste upon the leased Premises, or any nuisance or other act or thing which play
disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the
leased Premises arc located.
B.11. INSPECTION: 'Tile LESSOR 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,
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holidays excepted, and to employ the proper representative or contractor in order to see
that the .Premises 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 Premises, and in
full compliance with the terms and conditions of this Lease.
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LEASE
FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
94A MEDANOS AVENUE
BAY POINT, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SUBLEASE: COUNTY shall have the ric, to assign t111S
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 LESSOR: It is understood and agreed LESSOR may provide
certain landscaping, maintenance, construction, remodeling or like services as requested
by COUNTY from time to time during the "berm of this Lease or extension thereof.
COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the
costs of the service.
C.3. INSURANCE: It is acknowledged by both parties that COUNTY is self-insured
for public liability and property damage exposure.
CA. CANCELLATION: In the event of a lack of funding or termination of the
COUNTY's Community Services Bureau program, it is understood and agreed that
COUNTY shall have the ri`(ht to cancel this Lcase by giving L1 SSOR sixty (60) days
prior writtcn notice.
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