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Home My WebLink AboutMINUTES - 07271999 - C108 TO: BOARD OF SUPERVISORS ct , ROMI Barton J. Gilbert, Director of, General Services Coni Cost DATE: July 27, 1999 _ } Coun SUBJECT: LEASE RENEWAL a 134 OAK STREET, BRENTWOOD BLDG. NO. 165 EAST DIABLO FIRE PROTECTION DISTRICT S^EC3 #^REQ�II STS i}R€$BCCI PJ kDA�#Crt (S}&SAC fc^xRLDUE� A+IL�JUSTIFICATION RECOMMENDATION APPROVE a Lease renewal commencing August 1, 1999, with Garrett G341, for 134 Oak Street, Brentwood, for continued occupancy by the East Diablo Fire Protection District, under the teras and conditions more particularly set forth in said Lease renewal, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. lr FINANCIAL IMPACT Payments required are to come from the budget of the East Diablo Fire Protection District. IlL REASONS FOR RECOMMENDATION/13ACKGROUND Provide for use of office space as required for East Diablo Fire Protection; District. ATTACHMENT: YES SiGNA URE: RECCMUENDATION OF COUN'`Y ADtOIN'€STRATOR RECOtM AENDAT:ON OF BOARD COIM.- ITTE APPROVE _,OTHER IGNA 'E ACTON OF SOARY3 ON @.`� r _af APPROVEf3 AS RECCDA3ArE4�DEi3 VOTE OF SUPERVISORS UNA`;,MOUS(ASSENT_, ) AYES' :FOES' ASSE4 T S: _—ABSTAIN: MEDIA CONTACT: BARTON GILBERT(343.7100) CC: County Adnninistrator(via LJM) I HEREBY CERTIFY TF€AT THS I$A TRUE AND CORRECT C ;Y OF AN ACTION TAKEN Cour„y Aud tor-Controiier(via t IM) AND ENTERED O HE MINUTES OF THE BOARD Lessor(via LIM, OF SUPEWSO ON T E LATE SHOA N, East Mab?c P;;e Protection Cistr:&(via L/M) R:s 9an« e� e 4(v a IJV—,) ATTESTED trig: Genera!Services Department s:J=ai Pict C. E$OR,CLERK OF TE;E BOARD OF SU VISORS AND COU!N-r`1'ADMINISTRATOR 3Y DEPUTY GENERAL SERVICES DEPART' T; LEASE AN. GEMENT DIVISIO a{; 1220 Morello Avenue, Suite 100 Martinez, California 94553-471 Extension 3-7254 FAX 3-7299 r r DATE: July 13, 1999 TO- Phil Batchelor, County Administrator FROM: Barton. J. Gilbert, Director of General Services SUBJECT: Agenda: Lease renewal — 134 Oak Street, Brentwood (7-27-99) A lease renewal has been negotiated as follows: OCCUPANT: East Diablo Fire Protection.District PENT: $2,340°00 TEIZIM: 3 years COMMENCING: August 1, 1999 OPTION: 2-1 year with 3%rent increases CANCELLATION: None R F,?�`EWAL: Yes PREVIOUSNTT: $2,270 SQUARE FEET: 2,186 SPACE TYPE: Office COUNTY SPOITIN-11SIBILITY: Interior, electrical, plumbing, HVAC ADDRESS: 134 Oak Street, Brentwood AGENTD ITEM: Authorize the Director of General Services to execute a Lease with Garrett Cull for the Premises at 134 Oak Street, Brentwood, for continued use by the East Diablo Fire Protection District. B,'G:CGB 134 Oak Ag ltm 99-7a27.doc cc: Carreto-Dili General Services Department Kathy Brown Alan Pfeiffer Terry Mann LEASE TABLE OF CONTENTS 134 Oak Street Brentwood, California East Diablo Fire Protection District SECTION A. BASIC `I'ERIMS AND CONDITIONS A.1. PARTIES........................__ .... .............. A.2. € EASE OF PREMISES....................<..........................,..,.....,,.......,,..,<.,<........,.. A.3. TERM.,<.................................. .A.4. RENT .......,...,<...........................<.......,...,......,...,.........,...,.,...,...,.,..<.,.<,>,.,...,.,,,.,. I A.5. EXTENSION ..............................................................................<.......,..,..,...,.... � A.6. USE OF EREISES.......................................................<<.,......,....,..,..,<.,..,<.,..,, A.7. UTILITIES.......................................................<..,.,.,..<..........,...,.,,..,,..<..,,.,...,..., 2 A.8. AINTE?TA CE AND REPAIRS 2 A.9. NOTICES.......<....................................<,,..,........,.,,..,...,......,..,,......,,.,,.,,.,,..,...,.,, A.I€I. EXHIBITS AND ATTACHMENTS........................................<.,....<..,......,..,,... 3 A.I L WRITTEN AGREEMENT........,..........................................<..,...<.....,.....,.,.,.....4 A.12, TIME IS OF THE ESSENCE........--..... ...... ........ 4 A.13. SIGNATURE BLOCK SECTION B. STANDARD PROVISIONS &L HOLDING OVER....... ...... ................. 5 B.2. HOLD HARMLESS .................................<.,,.............,.,..,....,.,,...,..,,.,....,......,..,. 5 B.3, ALTERATIONS,FIXTURES AND SIGNS....... 5 BAIESTI UCTION................<.,<........,.................,..,....................,.........,,<,...,......., 6 B,5. QLIET ENNJT0YMENT.............................<....,,..........,.............,,.,...................,... 6 B.6, DEFAULTS .,,......�...................... B.7. SURRENDER OF PREMISES...........---...— .8. SUCCESLO S A-1\'D ASSI NS ....................................................................... 8 13.9. SEVERABILITY................<,...,<.,...,......... B.10. WASTE, NUISANCE.............. ..... ...... ....—............. ....... ...... 8 B.I I. INSPECTION ..,<............................................................................................... 8 SECTION C. SPECIAL PROVISIONS C,1. A.SSICrN ENT O SUBLEASE.......................................................o..,<,. 9 C.2. RIGHT QF FIRST P.EFI..�TSAL To PUR(jHASE ....................<.,...,<,,..,.......,<.,.. 9 C.3, APPLIANCES.,... .............. ....... ......... ........ ........ EXHIBI'T'S EXHIBIT Aa PREMISES LEASE FOR EAST DIABLO FIRE PROTECTION DISTRICT 134 OAK STREET BRENTWOOD, CALIFORNIA SECTION A. BASIC TERMS ANDCONDITIONS A.I. PARTIES: Effective on JUL 2 7 1900 GARRETT GILL, hereinafter called "LESSOR", and the EAST DIABLO FIRE PROTECTION DISTRICT, hereinafter called "DISTRICT", mutually agree and promise as follows. A.2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby leases to DISTRICT, and DISTRICT leases from LESSOR those certain premises described as follows: a free standing, two story office building containing approximately 2,186 square feet, containing Units A, B, and C, commonly known as 134 Oak Street, Brentwood as shown on Exhibit A which is attached hereto ar,,,d made a part hereof, along with an adjacent parking lot in the rear. A.3. TERM: The term of this Lease shall be three (3) years, commencing August 1, 1999 and ending July 31, 2002. A.4. RENT: DISTRICT shall pay to LESSOR as rent for the use of the Premises a monthly rental, payable in advance on the tenth day of each month during the term of this Lease, as follows: Lease Period mthly Rent August 1, 1999 through July 31, 2000 $2,340.00 August 1, 2000 through July 31, 2001 $2,410,00 August 1, 2001 through July 31, 2002 $2,490<00 Payments shall be mailed to. Garrett Gill, P.O. Box 782, Brentwood, CA 9451 13, A.5. EXTENSION: This Lease rnay, at the option of the DISTRICTbe -extended upon the same terms and conditions, except the rental shall be adjusted as follows: a. First'Option: For a one (1) year term, commencing August 1, 2002 and ending July 31, 2003, at a rental of TWO THOUSAND FIVE HT-;NT RED FIFTY FIVE AND NO/100 DOLLARS ($2,555.00) per month. h. Second Option; For a one (i) year te-IM., commencing August 1, 2003 and ending July L, 2€ 04, at a rectal of TWO THOUSAND SIX HUNDRED THIRTY FIVE AND NOl100 DOLLARS ($2,635,00) per month. It is understood and agreed DISTRICT shall give LESSON thirty (30) days prior written notice of its intention to exercise any option to extend this Lease. However, in the event DISTRICT does not give such written notice, its right to exercise any option before termination of the Lease shall not expire until fifteen (i 5) working days after receipt of L SSOR's written demand to exercise or forfeit said option. A.6. USE OF PREMISES- The premises shall be used during the term and extension thereof for purposes ofconducting various functions of DISTRICT. A.7. UTILITIES. JANITO IAL: DISTRICT shall pay for all gas, electric, water, sewer, and refuse collection services provided to f1he demised premises, and shall provide and pay for, janitorial service. 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 and all locks and key systems used in the demised premises, DISTRICT shall maintain Mass and glazzinga ba DISTRICT shall keep and maintain the interior of the premises in good order, condition, and repair, but LESSON. shall repair damage to the interior caused by failure to maintain the exterior in goad repair, including damage to the interior caused by roof leaks and/or ulterior and exterior wall leaks, C. DISTRICT shall repair and maintain the interior electrical, lighting, grater, and plumbing systems in ,good order, condition, and repair. LESSOR shall be responsible for main lime plumbing stoppages beyond the perimeter of the building. - 2 - d. DISTRICT shall maintain and repair the heating, ventilating, and air- conditioning systems except that LESSOR shall provide major repair or replacement of the systems. e. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and exterior lighting system in good order, condition, and repair. f. LESSOR 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 DISTRICT. DISTRICT shall thereafter maintain, repair, and replace the extinguishers. 9. DISTRICT shall not suffer any waste on or to the demised oremises. I I 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 DISTRICT's occupancy or use of the premises. A.9. NOTICES: All notices giver, 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: T.o LESSOR: Garrett Gill P. 0. Box 782 Brentwood, CA 94513 To DISTRICT: Contra Costa County General Services Department Lease Management. Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 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 or, any promise or .epresentation 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 writing signed by both parties. The headings of the paragraphs are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent cif this Lease. AA2. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.13. SIGNATURE BLOCK DISTRICT LESSOR EAST DIABLO FIRE PROTECTION Garrett Gill DISTRICT By...... �3 Director of General Services RECOMMENDED FOR APPROVAL: By Dirac or of Capital Facilities and Debt Management fast Dia l€ Protection District By Deputy General Services Director By ease Manager APPROVED AS TO FORTM: VICTOR J. WESTMAN, County Counsel By sistant 'N, - 4 - LEASE FOR EAST DIABLO FIRE PROTECTION DISTRICT 134 OAK STREET BRENTWOOD, CALIFORNIA SECTION B- STANDARD PROVISIONS B.I. 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 far as applicable. B.2. HOLD HARMLESS: DISTRICT agrees to defend, indemnify and hold harmless the LESSOR from the DISTRICT '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 acts, errors or omissions of the DISTRICT, its officers or employees. DISTRICT shall not be liable in the case of any structural, mechanical or other failure of equipment or building owned and maintained by the LESSOR or for other liability which is attributable, in whole or in part, to the negligence or willffi-I misconduct of LESSOR, which -results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the DISTRICT from the LESSOR'S share of any and all clalms, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent acts, -errors or 0MIssions of the LESSOR, its agents or employees. B.3. ALTERATIONS FIXTU,WES, AND a-IGINS: DISTRICT may make any lawbil and proper minor alterations and attach fixtures and signs in or upon the premises, which shall remain DISTRICT property and may be removed therefrom by DISTRICT prior to the termination of this,Lease. Any such alterations, signs or fixtures shall be at DISTRIC7s sole cost and expense, and all signs shall meet with existing code requirements and LESSOR's approval. BA. DESTRUCTION: a. Ln the event of damage causing a partial destruction of the premises during the term of this Lease from any cause, and repairs can be made within sixty (60) days from the date of the damage undeir 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 voi id this Lease, except that DISTRICT 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 portion of the premises unusable by DISTRICT bears to the total area of the premises, b. If such repairs cannot be made in sixty (60) days, LESSOR may, at his option, make the same with-in 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 la-,,,vs 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 sated shall terminate this Lease. B.5. QLTIETEINJOYMEINM LESSOR covenants that DISTRICT shall at all times during the term peaceably and quietly have, hold, and enjoy the demised premises without suit, trouble or hindrance from or on account of LESSOR as long as DISTRICT fully performs hereunder. B.6. DEFAULTS: The occurrence of any ol"the following shall constitute an Event of Default under this Agreement: a. Event of Defaul �bCQQI!LTY 1. COUNTY's failure to pay any Rental within ten (1 0) business days after written notice of failure from LESSOR to OUNITY. . If, however, payment is not made within ten (l= ) business days of said written notice due to circumstances beyond the reasonable control of - 6 - COUNTY, which circumstances may, without limitation hereby, include failure of COUNTY to adopt a budget, then COUNTY's failure to pay rent shall not be an Event of Default until ten (10) business days after said circumstances have ceased to exist, or seventy five (75) days from LESSOR's notice to COUNTY, whichever occurs first. 2. COUTINTY's failure to comply with any other material term or provision of this Lease if such failure continues thirty (30) days after written notice of failure from LESSOR to COUNTY specifying in ry reasonably sufficient detail the nature of said breach. If the required cure of the noticed default cannot be completed within thirty (30) days, COLINTY's failure to perform shall constitute a default under tie Lease unless COUP TY 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. b. Event of Default by LESSOR 1. 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 COU- 'TYto LESSOR. If the required cure of the noticed default cannot be completed within thirty (30) days, LESS 's failure to perform shall constitute a default under the Lease unless LESSOR has attenimed 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 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, - 7 - or at COUNITY'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, DISTRICT will peaceably and quietly leave and surrender to LESSOR these premises remises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and, repair, reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which DISTRICT has no control excepted. DISTRICT shall not be liable for painting the interior of the demised premises upon terrnination of this Lease. B.S. 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 DISTRICT or LESSOR in its respective rights and obligations contained in the valid provisions of this Lease. B.10. WASTE,-NUISANCE: DIST RICTshall riot commit, or suffer to be committed, any waste upon the leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant in the vicinity in which the !eased Premises are located. DISTRICT shall conform its use and occupancy of the Premises to the standards and modes of use applicable to a first-class office building. B.11. INSPECTION: The 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, 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 - LEASE FOR EAST IA LO FIRE PROTECTION DISTRICT 134 OAK STREET BRENTWOOD, CALIFORNIA SECTION C. SPECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE. DISTRICT shall have the right to assign this Lease or sublease the premises or any part thereof at any time during the term or extension of this Lease, C.2. RIGHT OF FIRST REFUSAL TO PURCHASE: Should LESSOR or his successor in interest during the lease term or any extension thereof elect to sell the demised premises, LESSOR shall give DISTFJCT prompt notice of such intention and of any offer. DISTRICT shall have sixty (60) days in which to meet the terms and conditions of such offer. if DISTRICT does not act within the sixty (6 0) day period, LESSOR shall be free to sell the property in accordance with the terms and conditions of the offer, subject to the terms of this Lease, C.3. APPLIANCES: DISTRICT shall, have the use of a Kenmore refrigerator and an Aman a microwave oven belonging to LESSOR, DISTRICT shall maintain these appliances as necessary. - 9 - ..'4� .r 0 aw d•` ' +sRwr ✓• .�wwra , �' a ,.. < p$`.t.ax"•,�4, �a.. °9a+ .'.r"..sw''`...�y,t:.<or':.�'a. +F ao'a��.r ,r.";e, .,,xa��. .a >.s.,.o «�r+r + �, `TF . .._.... ....,,.... � Mai ANJ E o t �.6.. ..... a�' •-^ xM. .+fir pus. m s ��.,. :"y:":'•�,"°`�"_�. .a �. _ `° , n� f °tw �§ 3 { fly ' Qr �» f � 8 f e S i i a ¢a F , _ r x 4( bd.9.'Ae'E93 . � YA'`R�1'/i f';ii•i'�4. a NMI —77 -41 IV � f ° . 7 - .: e.a:ne:3a,t.,,.zg4�s ai4s at is++l=•r n L .e„7t,.:., �! .. 6 9 p a f