CITY COUNCIL AGENDA ITEM
Meeting Date: March 9, 2004
Subject/Title: Approve a Resolution authorizing the City Manager to execute
a contract with Myles Sexton in an amount not to exceed $6,000 per year for
the rental of parcel APN #013-160-002 that houses the free cardboard
Prepared by: Jon Carlson, Solid Waste Manager
Submitted by: Paul Zolfarelli, Public Works Director
Approve a Resolution authorizing the City Manager to execute a contract with
Myles Sexton in an amount not to exceed $6,000 per year for the rental of
parcel APN #013-160-002 that houses the free cardboard drop-off bins.
Council approved Resolution No. 2472 on February 26, 2002 approving a
two-year lease with the same annual amount of $6,000.
Large quantities and large pieces of cardboard that residents accumulate
from moving to Brentwood and that businesses generate on a regular basis are
not easily picked up by the City’s automated service. Thus, the need for a
method to collect and to recycle this material arose. The City of Brentwood
Solid Waste Division began utilizing the space behind the Brentwood Café,
8500 Brentwood Boulevard, in the mid-1990’s as a free cardboard drop-off
site. As the usage has increased over the last several years, so have the
illegal dumping and litter problems. The City erected a fence to contain the
litter from spilling into neighboring lots and this has helped tremendously
and improved the aesthetics of the site as well.
In the past, staff has considered other alternatives for the drop-of site.
One alternative was to relocate the bins to a City-owned site, but the
centralized location and the City-wide familiarity with the free cardboard
drop-off site and built-in name recognition of Brentwood Café have too many
advantages over other sites.
There were two substantial changes to this contract: one is to provide for
an automatic annual renewal, the other is for the City to become responsible
for cleaning the site. Myles Sexton, the owner of the site, is moving out of
state and both these changes will help keep this site open and maintained on
a regular basis.
The annual impact on the Solid Waste Enterprise Fund is $6,000 per year.
• Myles Sexton Contract
• Exhibit A – Site Map
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH MYLES SEXTON IN AN AMOUNT NOT TO
EXCEED $6,000 PER YEAR FOR THE RENTAL OF PROPERTY THAT HOUSES A FREE
CARDBOARD DROP-OFF FOR LOCAL RESIDENTS AND BUSINESSES.
WHEREAS, the City of Brentwood Solid Waste Division has utilized the
property behind Brentwood Café, APN #013-160-002, for many years and intends
to continue its free cardboard drop-off program for residents and businesses
at that site; and
WHEREAS, Myles Sexton, owner of the Brentwood Café restaurant, has agreed to
continue renting the lot behind his restaurant to the City for $500 per
WHEREAS, the City shall renew the agreement on a bi-annual basis with a
renewal clause included; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby approves the attached contract for rental of real property with Myles
Sexton, owner of property and authorizes City Manager to execute said
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the 9th day of March, 2004 by the following vote:
LEASE FOR RECYCLING
DROP-OFF AND COLLECTION STATION
THIS LEASE is made as of this _____ day of __________, 2004 (“Effective
Date”) by and between, MYLES SEXTON, (“Landlord”), and CITY OF BRENTWOOD, a
California municipal corporation (“City”).
In consideration of the rents and covenants and subject to the terms herein
set forth, Landlord hereby leases to City, and City hereby leases from
Landlord certain property located at the northeast corner of Birch Street
and Diablo Way, Brentwood, California, Contra Costa County, being a portion
of Assessor's Parcel No 013-160-002, including access/egress easement
(“Property”) containing approximately 4,000 square feet of unpaved area
(hereinafter “Property” or “Demised Premises”), as more particularly
designated and outlined on a plat labeled Exhibit A and incorporated herein
The Term of this Lease shall be a period of two (2) years commencing on the
Effective Date and ending 24 months late from the Effective Date. This lease
shall renew automatically in two (2) year increments, unless terminated by
either party as set forth in Section 5.
City covenants and agrees to pay $500 per month, without offset or
deduction, except as expressly authorized elsewhere in this Lease, to the
Landlord, its successors and assigns. Rent is payable in advance on or
before the fifth (5th) day of each calendar month during the Term.
Notwithstanding, City shall pay the first (1st) month's rent upon full
execution of this Lease.
Any rent payable to Landlord by City for any fractional month shall be
prorated based on a three hundred sixty-five (365) day year. Any and all
rent payments shall commence on the effective date of this Lease.
3. As Is Condition
Landlord shall deliver the Demised Premises in an “as-is” condition, except
as provided in this Lease. Landlord acknowledges and agrees that City shall
have complete access to the Demised Premises for the purpose of conducting
recycled materials drop off and collection.
At expiration or termination of this Lease, City agrees to remove at City's
expense any collection bins or related personal property. Except for
ordinary wear and tear, damage by casualty, condemnation, and/or acts of
God, the City shall return the Demised Premises to the Landlord in good
condition within ten (10) working days of expiration or termination of the
City intends to use the Demised Property as a temporary recyclable materials
drop off point available to the public and related uses needed to properly
and effectively operate a recycling station.
Landlord retains the right to use for overflow public parking at any time.
Without limitation to such rights or remedies as both parties shall
otherwise have by law, both parties shall have the right to terminate this
Lease for any reason upon thirty (30) days written notice to the other party
as provided in Section 16. Upon termination or expiration of this agreement,
the obligations of the parties shall cease, save and except from those
provided in this Lease.
6. Payments at the Landlord's Direction
All rent payable and all statements deliverable by the City to the Landlord
under this Lease shall be paid and delivered to the Landlord at the place
designated by the Landlord for notices under this Lease, or any place it so
designates in writing in the future.
7. Taxes, Insurance Premiums, and Maintenance Expenses
(a) Landlord will pay annually all taxes which may be levied or assessed by
any lawful authority against the Demised Property.
The term “taxes” shall mean and include all taxes, assessments and other
governmental charges, general and special, including, without limitation,
assessments for public improvements or benefits, which shall, during the
Term, be assessed, levied, and imposed by any governmental authority upon
the land that comprises the Demised Property.
(b) City shall pay for all utilities consumed by it at the Demised Premises.
8. Past Due Rent and Additional Sums
If the City fails to pay within ten (10) days of the due date thereof, any
rent, or any other amounts or charges, such unpaid amount shall accrue a
late charge in the amount ten percent (10%) of the unpaid amount, and shall
in addition thereto bear interest from the eleventh (11th) day following the
due date until the date of payment at the rate of ten percent (10%) per
9. The City's Covenants
The City covenants and agrees as follows:
(a) Prompt Payment
That it will pay when due all Rent and other charges herein described and
all water and sewer charges, gas, electricity and other utility bills
attributable to the Demised Premises as the same shall become due. If the
Landlord shall pay any money or incur any expenses in correction of
violations of the City's covenants herein set forth, the amounts so paid or
incurred shall, at the Landlord's option, bear interest at the rate set
forth in Paragraph 10 hereof. Charges for the foregoing shall commence on
the effective date of this Lease.
The City shall assume responsibility for litter control and cleanup of
improperly discarded materials to a standard acceptable to the neighboring
property owners/renters or City Manager for the Demised Property.
All personal property, improvements, and betterments of City in the Demised
Premises, shall be and remain at its sole risk, and Landlord shall not be
liable for any damage to or loss of such personal property arising from or
out of the occupancy or use by City of the Demised Premises, or any part
thereof or any other part of Landlord's property comprising the Property,
from vandalism or theft, except as due to Landlord's negligence and/or
willful misconduct or that of its agents, employees, contractors, invitees
Except in the case of City’s own negligence and/or willful misconduct or
that of its agents, employees, contractors, invitees or licensees, Landlord
shall protect, defend and indemnify and save City, his agents and employees
harmless from any and all liability, damage, expense, cause of action,
suits, loss, costs, penalties, attorneys fees, claims or judgments arising
from any injury or loss of life to the person of City or other persons or
damage to property caused by Landlord's negligence and/or willful misconduct
or that of its agents, employees, contractors, invitees or licensees.
10. Removal of City's Property
Landlord agrees that City fixtures which include without limitation all
collection bins and related equipment, used in the operation of collection
station, which are placed on the Demised Premises by City from time to time
during the Term of this Lease shall be the property of City and at the
expiration of termination of this Lease may be removed from the Demised
Premises by City within ten (10) working days. City shall repair and restore
the Demised Premises to good condition, reasonable wear and tear, damage by
casualty, condemnation, and/or act of God excepted.
The rights of City under this Lease shall be and are subject and subordinate
at all times to the lien of any bank or institutional deed of trust or deeds
of trust now or hereafter in force against the Property and to all advances
made or hereafter to be made upon the security thereof, provided the note
holder and beneficiary secured by such deed of trust or deeds of trust shall
agree to recognize the Lease of City in writing in the event of foreclosure
if City is not then in default beyond any applicable cure period. Within
fifteen (15) business days after receipt of request therefore by Landlord,
City shall deliver to Landlord such subordination agreement in a form
acceptable to City as may be required by any lender or proposed lender to
evidence such subordination.
12. Landlord's Remedies
If the rent, or any other charge agreed to be paid and all other sums of
money which under the provisions hereof may be due Landlord, shall be in
arrears in whole or in part for ten (10) or more days following written
notice, City shall be in default. If City shall violate any covenant
contained herein, other than the covenant to pay rent or other sums of money
due Landlord, and shall fail to comply with such covenant within thirty (30)
days after being given written notice of such violation by Landlord, City
shall be in default. In the event of City's default, Landlord shall have the
(a) Landlord may continue the lease in full force and effect for so long as
Landlord does not terminate the City's right to possession and Landlord may
enforce all of Landlord's rights and remedies under this Lease; and
(b) Landlord may terminate City's right to possession, in which case this
Lease shall terminate and, upon such termination, the Landlord may recover
from the City unpaid rent and any additional rent which had been earned at
the time of termination.
All notices from City to Landlord required or permitted by any provision of
this Lease shall be in writing and sent by registered or certified mail,
postage prepaid and directed to Landlord at:
89 Klakken Road
Noxon, MT 59853
All notices from Landlord to City so required or permitted shall be in
writing and sent by registered or certified mail, postage prepaid and
directed to City at:
John Stevenson, City Manager
City of Brentwood
150 City Park Way
Brentwood, CA 94513
Either party may, at any time or from time to time, designate in writing a
substitute address for that above set forth, and thereafter notices shall be
directed to such substitute address for that above set forth. Notices to
either party shall be effective three (3) business days after depositing in
the United State Postal system or on the next business day if sent by
overnight courier in accordance with this paragraph.
14. Successors and Assigns
This Lease and the covenants and conditions herein contained shall inure to
the benefit of and be binding upon Landlord, its successors, and assigns,
and shall be binding upon City, its successors, assigns, heirs, executors,
administrators, and legal representatives, and shall inure to the benefit of
City and only such assigns of City to whom the assignment by City has been
consented to by Landlord.
The failure of either party to insist, in any one or more instances, upon a
strict performance of any covenant of this Lease or to exercise any option
or right herein contained shall not be construed as a waiver or
relinquishment for the future of such covenant, right, or option, but the
same shall remain in full force and effect unless the contrary is expressed
16. Holding Over
Any holding over by City after expiration of the Lease Term shall constitute
a renewal or extension of the Lease. Any holding over after the expiration
of the Lease without the consent of Landlord shall be construed to be a
tenancy from month to month on the same terms and conditions herein
specified with rent continuing as $500 per month, until it is re-negotiated
by both parties.
17. Entire Agreement
This Lease sets forth all the promises, agreements, conditions, and
understandings between Landlord and City relative to the Demised Premises,
and there are no promises, agreements, conditions, or understandings, either
oral or written, expressed or implied, between them other than set forth
herein. Except as herein otherwise provided, no subsequent alterations,
amendment, change, or additions to this Lease shall be binding upon Landlord
or City unless reduced to writing and signed by them.
18. Construction of Agreement
This Lease shall be constructed under the laws of the State of California in
which the Demised Premises are located. All headings preceding the text of
the several provisions and sub provisions are inserted solely for
convenience of reference and none of them shall constitute a part of this
Lease or affect its meaning, construction, or effect. Venue for any action
brought by Landlord and City relation to this Lease shall be in the courts
of Contra Costa County.
IN WITNESS WHEREOF, Landlord and City have caused this Lease to be executed
in their names by their duly authorized officers.
Myles Sexton John Stevenson
APN 013-160-002 located at SW corner of Birch Street and Diablo Way.