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Home My WebLink AboutMINUTES - 07271999 - C109 c: BOARD OF SUPERVISORS -ROM: Barton J. Gilbert, Director Of General Services f 1 DATE: July 27, 1999 Co SUBrECT: LEASE RENEWAL - 3431 MA DONALD AVE., RICHMOND BLDG. NO. X375 �. SOCIA. SERVICE DEPARTMENT f SPECIRC RE-::QUESTS OR RECOMMENDATION(S)&BACKGROUND AND uUSTIF:CATION to RECOMMENDATION i APPROVE a lease renewal, commencing August 1, 1999, with Robert E. Weber, Francine K. Zimmerman and eerie A. Sabatte, for 3431 Macdonald Avenue, Richmond, for continued occupancy by the Social Service Department, under the teras and Conditions more particularly Set forth in said lease renewal, and AUTHORIZE the Director of General Services t0 EXECUTE saidlease on behalf of the County. Il. FINANCIAL IMPACT Payments required are to come from: the budgets of the Social Service Department. Ill. REASONS FOR RECOMMENDATIONIBACKGROUND Provide for use Of Office space as required for the Social Service Department. r : ?e ATTACPMENT: m� YES SIGNATURE: t4b& Z, Rc-COM.M.=-MCAT€ON€F CCI. LT'!AD-.M I,€€S BATOR RECOMMENDATEON OF BOARD COMMITTEE APPROVE -OTHER S;GNATURE'S ZIllyat ay ACTON OF BOARD ON ga,ef APPROVED AS RECOMMENDED VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ASSENTS: ABSTXN: ME:MA CONTACT: BARTON J.GILBERT•(313-71 CO) CC: County Ad InIstrator(via UM) i HEREBY CERTIFY T IAT TH#S IS A TRUE County Auditor-Contra:er(via L/M) AMC'CORRECT COPY OF AN ACTION TAKE'S AND ENTERED O'd THE MINUTES OF THE BOARD messOr(Vra`LlE�) OF SUPERVISORS ON THP DATE SHOWN. Social S bii08 Department(vis UM) Risk Management(via Ute) ATTESTED Orifi; l;ererai Services cepa xsent-#e/M ; , Ii-SATO E R,C'ERKOOF'THE BOARD OF SUPERV€S S D COUN-Y ADMINIs T BATOR BY DEPUTY GENERAL SERVICES DEPARTMEN LEASE MANAGEMENT DIVISI�T 1224 Morello Avenue, Suite 1€ 0 Martinez, California 94553-4711 Extension 3®7250+ FAX 367299 1 DATE: July 13, 1999 TO: Phil Batchelor, County Administrator FROM: Barton J. Gilbert, Director of General Ser vices SUBJECT. Agenda.: Lease Renewal — 3431 Macdonald Avenue, richmond Bldg. 075 ( 7-27-99) A lease renewal has been negotiated as follows: OCCUPAINTT: Social Service Department SENT. $8y000. TERM: I year COMMEI CENG: August 1, 1999 0-PTIO'-NT: None CANCELb.AfION: None RENEWAL: Yes PREVIOUS RENT: Sarre SQUARE FEET: 10,390 SPACE TYPE: Office COUNTY RESPONSIBILITY: Interior, electrical, plumbing, HVAC ADDRESS: 3431 Macdonald Avenge, Richmond AGENDA ITEM: Authorize the Director of General Services to execute a Lease with Robert E. 'weber,Francine Imo. Zimmerman and.Marie A. Sabatte for the premises at 3431 Macdonald Avenge, Richmond for continued occupancy by the Social Service Department. BJG:CCB Ag t-n99-7-27.doc cc: Robert weber General services Departn:ert Kathy Brown Alan Pfeiffer 'ferry, Mann LEASE TABLE OF CONTENTS 3431 Macdonald Avenue Richmond,California Social Service Department SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES .....................^...-.....................`,....---.............-....................`......... ,. � A.2. LEASE OF PREMISES................................. ,,~...^......... ........... ..,-....... l A.1 TEFUM., ..........^......----............................. ............ .............._............. ... 1 AA' .,.,,.,,,^,,.,,,,,,^_,',,..,,,~,,,^.,,,~,....,^,,,^..,..,........_.._. 1 A.5. USE OF PRRMISF ,..................,.,�.....................,....,,,.,,...,,.,,..,,,^,,.,, � k6. UTILITIES...... ....... . ......,.......�....... ...^....� � A.7. -`^^-~'^~~^^^^`^^—'~`^'^^—^^^^^~`'^^'^'^'- 2 A.K. ^.—.'—^^'^^^^~'^-^~~^^^'~^^~'^^-'~'~^^'—^^^^^~'~~^^^'^^~^^^—^ 2 /\.9. ..... ........._.........^. ...... .........^.~ ........ 3 A.10. WPdTTEN AGREEMENT ......... .,... ..................... ,.......... .----....... _.... 3 A.1 |. TIME TS OF THE ES ''~^^^'~~^^`~^^^`^^—~^^'~^'~^'~^'-^^^'~`'^''''^~^-'`4 A.12. SIGNATURE BLOCK ........,.^....... ^~................ ........... .........-.-.. ........~^4 SECTION B: STANDARD PROVISIONS B.L HIOLDING OVER..... ..^..... ...^. ......,...^....`..... ....... 5 B.2. .,,.~,,_'.,_,,,^~,,,,.,`,_,.~.,,`,..,,,,,,',......-.—.....~-. J B,1 .—'..-.^...~........—.....~.~...... 5 BA ..-.~.,. .......... ....,..............'.............. ........ .~^.._......... 6 B.5. QUjEjjLNjQYM=........^'.........^....~~.,..~..—.~....,.—...—.-6 B.6. DEFAULTS .....`.^... . .... ............�...........^........ .......... ......^ 6 13,7. SURRENDER OF PREMISES.......................... ..' ......----...........----... 7 13.8, SUCCESSORSAND ASSIGNS ......~^^^'^^^~^^-^'^^''^—^''^^^^'~'^'^''~~'^~^ 7 13,9. ..,.,.,,,._,,,,.,,',^,,,._~.,,.,,,,,,,.,,~....-._.,...... ? B.110. ............ ....... B.}1. INSPECTION, ^,._.,.........,_,,.,,,,',~,,.,,,,,_........—....—..... .......- 7 SECTION C: SPECIAL PROVISIONS C.1` ASSIGNMENT OR SUBLEASE............... ^...... ...........-....,.......-..... & C.2. SERVICE BY LESSOR....... ........ ....~~........^.~.., ....................-~,~....... .... 8 C.3. PROPERTY TAXES ...''-...'...^`.^^'~^'`'''`^^''^'^^—^'~`'~~'^'^'''~^'^'^~^^'^'~ 8 CA. INSURANCE..... .....................~.........-''^'^~~''~'~^~''^^—^''''~~^~'—'~' 9 C.5, COUNTY PROPERTY.. ............... . ....... ........ ,..........~'....^..^ .......^.............. 9 C.6. TERMINATION OF PRESENT LEASE. ......................-..............---.... to EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: PARKING LEASE FOR CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT 3431 MACDONALD AVENUE RICHMOND, CALIFOR.NIA SECTION AK BASIC TERMS S AND CONDITIONS A.I. PARTIES: Effective o x i. s ROBERT E. WEBER., ANCINE K. ZIMMERMAN AND IMAPUE A. SABA1`TE, hereinafter called "LESSOR", and the COUT TY 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 rets, hereby leases to COT TY, and COUNTY leases from LESSOR those certain pre: =ses described as follows, a one story office building containing approximately 9,555 square feet of off-ce and 835 square feet of mezzanine space, commonly known as 3431 Macdonald Avenue, Richmond, along with parking in the adjacent list, as shown on Exhibit A - Premises and Exhibit B - Parking which are attached hereto and made a parthereof A portion of the parking lot in Exhibit B is leased by County from another party under a separate agreement. A.1 T %M: The terra of this Lease shall be one (1) year, commencing August 1, 1999 ending July 31, x000. A-4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental of EIGHT THOUSAND SAND A li €x/100 DOLLARS ($8,001 .00), payable in advance on the tenth day of each month during the term of this Lease. Payments shall be mailed to: 4418 Fieldcrest Drive, Richmond, CA 94803. AA5a USE OF PREMISES: The Premises shall be used during the term for purposes of conducting various functions of COUNT'S', A.6. UTILITIES- COUNTY shall pay for all gas, electric, water, sewer, and refuse collection services provided to the demised Premises. LESSON shall provide an accessible unclosed location for a three yard refuse container, if required by COUNTY. w1 ® A.7. MAINTENANCE AND REPAIRS: a. LESSOR shall keep the roof and exterio.1 of the building in good order, condition, and repair and shall -maintain the structural integrity of the building. COUNTY shall maintain the exterior doors and their fixtures, closers and hinges, glass and glazing, and all locks and key systems used in the demised Premises. IN 0. COL TY shall keep and maintain the interior of the Premises in good order, condition, and repair, but LESSOR shall repair damage to the interior 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. C. COUNTY shall provide routine repair and maintenance of the electrical, lighting, water, and plumbing systems but shall not be responsible for major repair or replacement of said systems. COUNTITTY shall replace any and all -electrical lamps and ballasts in the lighting system d. COLTINITY shall maintain and repair the heating, ventilating, and air- conditioning systems. e� COUNTY shall maintain the parking lot, landscaping, sprinkler system if any, and exterior lighting system in good order, condition, and repair. f, COLNITY shall provide, install, and maintain, at the direction of the Fire Marshal, the necessary number of A-B-C 411re extinguishers for the Premises at no cost to LESSOR. 9. 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.S. N-011—CES; All notices given 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: - 2 - To LESSOR: Robert Weber 4418 Fielderest Drive Richmond, CA 94803 To COUNTY: Contra Costa County General Services Depaitment Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-47 i I A.9. EXHIBITS AND ATTACHMENTS, Section B, Standard Provisions. Section, C, Special Provisions, and Exhibit A - Premises and Exhibit B - Parking arc attached to this Lease and are made a part hereof A.10. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. A�I previous conversations, negotiations, and I understandings are ol." 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 of this Lease. - 3 - A¢I1e TIME IS OF THE ESSENCE of each and all of the terms and provisions of this ,ease. A.I2> SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, a Political subdivision of the State of California By Robert E. Weber 13Y ireet�b �Zi�mtrZ2n Francine 'COMMENDED FOR.APPROVAL: r By - By ' a °` Mare A. Sabatte "etor of Capita' aei ities acid Management Byf Sc� €ai ervi epartr en� yF. Deputy G eras SO ic Direetor By ,ease I anagen° APPROVED AS TO FORM: VICTOR F. W STIMAN, County Counsel Deputy - 4 - LEASE FOR CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT 3431 MACDONALD AVENUE RICHMOND, CALIFORNIA SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the term 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: COUNTY agrees to defend, indemnify and hold harmless the LESSOR 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 acts, errors or omissions of the COUTINTY, As officers or etriployees. CONY 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 willful misconduct of LESSOR, which results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the LESSORS 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 acts, errors or omissions of the LESSOR, its agents or employees. B.3. ALTERATIO-!-_S FI XTURES AND SIGNS: COUNTY may make any lawful and proper minor alterations, attach fixtures and signs in or up- on the premises, which shall remain Cts-LAITY property and may be removed therefrom by OL TY prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY's sore cost and expense, and all signs shall meet with existing code requirements and LESSOR's approval. Fixtures, signs and alterations not removed by COLNNTY upon tertnination shall become property of LESSOR. - 5 - BA DESTRUCTION- a, In 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 frorn 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 this void I is 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 portion of the premises unusable by COL NITY bears to the total area of the premises. bo 11.7such repairs cannot be made in sixty (60) days, LESSOR may, at his 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 shall terminate this Lease. B.5. QSET ENJOYMENT: LESSOR covenants that COUNTY 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 CO TY fully Derforms hereunder. BA DEFAULTS- In the event of COLNTY's material breach of any of the covenants or conditions herein, LESSOR may re-enter and repossess the premises and remove ali persons and property therefrom after giving OL TY written notice of such default and in accordance with due process of law, In the event, of such a breach by LESSOR, COUNT Y may terminate the Lease and quit the premises without further cost or obligation or may proceed to repair the building or correct the problem resulting from the breach and deduct L'-he cost thereof from rental payments due to LESSOR, -provided that COUNTY has given - 6 - LESSOR written notice of the breach and provided that LESSOR has not made a substantial effort to correct the breach within ten (10) days of receipt of notice. 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 these Premises with their appurtenances and fixtures (except signs and fixtures referred to heremabove) 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 COL TY has no control excepted. COUNTY shall not be liable for painting the interior of the dernised Premises upon termination of this Lease.. B.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 of this Lease. B.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed, any waste upon the leased Premises. COL TY shall conform its us%- and occupancy of the Premises to the standards and rnodes of use applicable to a typical office building in the area. 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. - 7 - LEASE FOR CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT 3431 MACDONALD AVENUE RICHMOND, CALIFORNIA SECTION C: SPECIAL PROVISIONS CA. ASSIGNMENT OR SUBLEASE: COUNTY shall have the right to assign this Lease or sublease the Premises or any part thereof at any time during the term of this Lease. C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide certain maintenance, construction, remodeling,janitorial or like services as requested by COL-INTITY fi-om time to time during the term of this Lease. COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the costs of the service. LESSOR shall consult with COUNTY and select either licensed, insured contractors or employees of LESSOR to provide the service. LESSOR shall obtain COUNINITY's prior approval on the scope, term, and cost of the contracts. COUNTY shall have the right to change the level of service from time to time by giving LESSOR thirty (30) days' prior written notice, including the right to terminate any or all service, or to require different contractors to provide the service. C.3. PROPERTY TAXES: COUNTY shall pay to LESSOR within thirty (30) days after being requested to do so by LESSOR, as additional rental, a sum equal to one hundred percent (100%) of the increase, if any, in the City and/or County taxes levied against Assessor's Pareel. 516-192-010 in any year during the term of this Lease which exceed T-7-IREE THOUSAND ONE HL"INTDRED SIXTY OSE AN D 78/100 DOLLARS ($3,161.78) which are the taxes for fiscal year 1988-89, except COUNTY shall not pay a prorata share of any increase resulting from a change in ownership of the properly. if the taxes decrease, COLTINITY may deduct one hundred percent(100%) of the decrease from the rental due LESSOR. It is understood that during the last year of occupancy, the taxes shall be prorated between LESSOR and COUNTY according to the number of full months the COUNTY snail have possession of the demised Premises. CA. INSURANCE: a. COLT' shall, at its sole cost and expense during the term of this lease, maintain fire, vandalism, malicious mischief, extended cove-rage insurance for an amount not less than the total replacement cost of the building, subject to a $25,000 per occurrence deductible, naming LESSOR as additional insured. This property insurance shall be factored annually by COUNTY's broker to maintain adequate coverage in accordance with the insurable value of the Premises, and a certificate of insurance shall be provided to LESSOR. in the event of any damage to or destruction of any part of the demised Premises covered by said insurance, the proceeds shall be utilized for the repair, reconstruction or replacement of the damaged or destroyed portion of the Premises to the same good order, repair and condition as it was prior To the damage or destruction. In the event the Lease is terminated without doing repairs, any insurance proceeds shall be paid to LESSOR. COUNT' shall be responsible for payment of any deductible amount. b. LESSOR shall have no interest in the insurance upon COL N-- 'Y's equipment and -fixtures and will sign all documents necessary or proper in connection with the settlement of any claim or loss by COUNTY. C.5. COUNTY PROPERTY: As part of a remodel of the Premises, LESSOR installed lock cylinders, dernountable partitions, tele-power poles and alarm, systems. These items shall Tremain the property of LESSOR during the term of this lease, However, at the termination of this lease, these items shall become property of COUNTY and may be removed from the Premises at COUNTY's option within thirty (30) days prior to termination. If COL7NTTY elects to remove any items, it shall be done in a workmanlike manner calculated to preserve the demised Premises. - 9 - Ownershi� of items not removed by COUNTY upon termination shall revert to LESSOR. CA TERMINATION OF PRESENT LEASE: It is understood and agreed that COUNTY now leases the Premises under the terms of?- Lease dated July 14, 1998. Upon commencement of this Lease, the July 14, 1998 Lease shall terminate. - 10 .. 4 f ` LOT rete yv.ss¢ $ P v g I fl ran S / �.w+we° 4+R1:a+� C a.0arex^sv �w,�ts'nbw° „pma,� 8 ,��•,•�••4`fl'd} � #._..«,.. - °`"X""' `• `�"" Amy�O:rv�c � s..,,. � s.�>s �.'• ..od �3� '�so-o �' # � .sem e a . ` � x { es i 3 k" 99 8�/.Y4fi YS °" d dmC 5. $P �a�R PI„`9 f5iT gp T- -0 bd s3 sod °yVxx n"+3Y7 + IS, fillo „fr •— C."'# sS. dpi --" st Y4 t �-4�F 4 4,�+ t a as d 4 - pp y ye k-- efl b F S—S r�-vi�. rb�•s �p x5 L' 'Sur � FTE rr � a IJ r-7– -4-L �dt'4 ti w�e-a f 4Rwpxew V6AY wct•dt°B� 3431 MacDonald Avenue, Rfth nd EXHIBIT "A" ° 6 � 9 yY 3 J �, a •� r � .. ,��:. �9�'�'�F9 F ON • } 3 Bs y 4 � 'p i � ' �•sa � 1fLd2 )' b gn d e