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HomeMy WebLinkAboutRESOLUTIONS - 03241987 - 87-160 RESOLUTION NO. 87/160 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, CALIFORNIA RESOLUTION APPROVING FORM OF AND AUTHORIZING EXECUTION OF A FACILITY LEASE (1820 PEERLESS AVENUE, EL CERRITO) WHEREAS, pursuant to that certain Lease, 5910 Huber Avenue, El Cerrito, California, (lease) dated June 2, 1981, the County of Contra Costa ( "County" ) presently leases from Bertram M. Felton, Leland R. Felton, and Jeanne S. Felton ("Lessor" ) , all of those certain premises commonly known as 1820 Peerless Avenue, E1 Cerrito, California, for use as office space. WHEREAS, this Board of Supervisors for Contra Costa County (the "Board" ) does hereby determine that it would be in the best interest of the County and the residents of the County for the County to enter into an agreement entitled Facility Lease (1820 Peerless Avenue, E1 Cerrito) , tentatively dated as of March 24, 1987 (herein called the "Facility Lease" ) , which would supersede the above described Lease and lease the entirety of the premises at 1820 Peerless Avenue, E1 Cerrito, to County (together collectively called the "Demised Premises" and the "Project" in the Facility Lease) and also provide for the transfer of title to the premises to the County at the expiration of its term without further payment by County, or prior to expiration upon payment of certain portions of the rent reserved thereunder. WHEREAS, the County has full legal right, power, and authority under the Constitution and the laws of the State of California to enter into the transactions hereinafter authorized; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa as follows: Section 1. All of the recitals herein are true and correct and this Board of Supervisors so finds. Section 2. The Board of Supervisors hereby FINDS and DETERMINES that it is in the public interest, convenience and welfare, and for the common benefit of the inhabitants of the County that the County enter into the Facility Lease and that it execute all documents related thereto, including, without limitation, a Memorandum of Lease in a form suitable for recording, in substantially the form presently attached to the Facility Lease as Exhibit E, and that the County obtain a leasehold policy of title insurance as described in the Facility Lease. Section 3. The Facility Lease, tentatively dated as of March 24, 1987, and on file with the Clerk of the Board of Supervisors, together with all Exhibits thereto, is hereby APPROVED and, subject to the conditions specified in Section 4 of this Resolution, the Chair of the Board of Supervisors and the Clerk of the Board of Supervisors and County Administrator are hereby AUTHORIZED to execute and deliver the Facility Lease in substantially said form, with such changes therein as may thereafter be approved by counsel to the County provided such changes do not materially increase the obligations of the County, such approval to be conclusively evidenced by the execution and delivery thereof, together with all other related documents necessary to effectuate the transaction contemplated therein, ' including, without limitation thereby, the aforementioned r Memorandum of Lease. The Clerk of the Board of Supervisors is DIRECTED to file a copy of the Facility Lease and all Exhibits thereto with the minutes of this meeting. Section 4. Execution and delivery of the Facility Lease and related documents by the County is conditioned upon obtaining the recommendation for approval by the Deputy County Administrator, the Director of General Services, and the Lease Manager as evidenced by their execution of the Facility Lease; and approval as to form by County Counsel as evidenced by his execution of the Facility Lease. Section 5. Subject to the conditions specified in Section 4 hereof, the officers of the County are hereby AUTHORIZED and DIRECTED, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the transaction represented by the Facility Lease and otherwise to carry out, give effect to, and comply with the terms and intent of this Resolution and the Facility Lease. Section 6. The Board FINDS that it can be seen with certainty that the project will not have a significant effect on the environment, and is therefore exempt from CEQA under the provisions of Section 15061(b) ( 3 ) of the State and local CEQA guidelines; and The Board DIRECTS the Community Development Department to file a Notice of Exemption with the County Clerk. Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED this 24th day of March, 1987, by the following vote: AYES: Supervisors Powers , Fanden, Schroder, Torlakson, McPeak. NOES: None . ABSENT: None. Chair of the Board of Supervisors of the County of Contra Costa, State of California I hereby certify that the foregoing is a .true anc correct copy, of an order entered on the minutes of said Board of Super- visors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 24th day of March 1987 . PHIL' BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY: � Deputy Clerk CC ; County Administrator General Services Lease Management RESOLUTION NO . 87/160