The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08171999 - C183 Tv: BOARD OF SUPERVISORS FROM Barton J. Gilbert, Director sof General Services on CBS 4 # DATE. AUGUST 17, 1999 Cour SUBJECT: REVENUE LEASE RENEWAL - 2090 COMMERCE AVE., CONCORD BLDG. NO. 36 4 SPEC?FIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION MENDATION APPROVE a Revenue Lease renewal, commencing June 1, 1999, with Bi-Bett Corporation, Inc., for the premises at 2090 Commerce Avenue, Concord, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Revenue Lease on behalf of the County. ll. FINANCIAL IMPACT This Lease will provide revenue to the County in the amount of $121,620.00. The term is 5 years. Ills REASONS FOR RECOIII MENDATION/13ACK RUND This lease will allow the use of property by Iii-Sett Corporation for operation of an alcohol detoxification program. s Cef4TJH1+�ATTAQHMEW: YES SIGNATURE: RECOMMEth4DATION OF COUNTY ADMINISTRATOR RECOMMENDAT iON OF BOARD COMMITTEE APPROVE OTHER AAMA; SIGNATURES �3 i �s • ACTION OF BOARD ON r�� APPROVED AS RECOMMENDED_ �7 VOTE OF SUPERVISORS ;jNANIMOUS(ABSEN'' - ? AYES: NOES: ABSENTS: ABSTAIN: VMEDiA CONTACT: BARTON I.I.GILBERT(313-71:00) CC: County Adrninistrator(via UM) I HERESY CERTIFY THAT TFf!S IS A TRUE County Auditor-Controller(via L/M) AhD CORRECT COPY OF AN AC?ON'TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Bi-Beit(via LIM) OF SUPERVISORS ON THE DATE SHOWN. Health,Services Department(via L/M) Risk Management(vis UM) ATTESTED xi',/ � � Orig: General Seiices Department-L/M PHIL BATZHELOR,CLERK Of THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY ;,0 GENERAL. SERVICES DEPART T LEASE MANAGEMENT" DIVI 1220 Morello Avenue, Suite 10 Martinez, California 94553-471 Extension 3-7250 FAX 3-7299 DATE: July 22, 1999 TO: Phil Batchelor, County Administrator r FROM. Barton J. Gilbe ire ' r ofd eneral Services SUBJECT: agenda: Revenue Lease—2090 Commerce Avenue, Concord Bldg. 365 (8-17-99) A Revenue Lease has been reneged as follows: OCCUPANT: Bi-Rett Corporation RENT. $2,027.00 TERM: 5 years COMMENCING: June 1, 1999 OPTION: None CANCELLATION: None RENEWAL: Yes PREVIOUS RENT: $950.00 SQUARE FEET: 4,239 SPACE T'A'PE: Residential treatment center COUNTY RESPONSIBILITY: Structural and major repair of systems ADDRESS: 2090 Commerce Avenue, Concord AGENDA ITEM: Authorize the Director of General Services to execute a Revenue Lease with Bi-Rett Corporation for the premises at 2090 Commerce Avenue, Concord. BJG:CGB Agenda cc: Susan Cnelli,Bi-Betz Corporation General Services Department Kathy.Brown Alar.Pfeiffer Tenry Mann ^ ' LEASE TABLE 0FC0NTENTTS DETOXIFICATION FACILITY 2090 COMMERCE AVENUE CONCORD, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS [ A.I. ^'^-^^'^^^^^^^'^-'^'^^''-~^'^'~^^^'^'^^^^''^^^^^^'^''-^^^'-^^'^''' A.2. ...........................- ................~.....~................ I L A.3. MASTER LEASE-^^^-^-^'^~'^~~^'^^~^-^^^~-~'^-`^^'^^-^^~^-'-~^ � ��4. .....�....�^..��..^.�`�.��...^..��....^.��...�.....�...^..�--- � A.5. RENT .,,...`^^, ,....,,,,,...,,,. .,,,.,'^,^^,.,,,,.,,',....^,,.^ l A.6. ......^.............................................^- � /\.7. _.,.,,~.,,,.,^,,,.,,,,,.~,,,,,,~,,,.,,,,,,.,,,...,._^. � ��8` ...`.......... � A.9. AND REPAIRS ~.~~....._......~'~`.~..^...-.........-..`,. � A.10. ^~~~~'~'~^^'~~~^~'~'`'~^^~^~'^'~'~~^~^~`^^ � ��| }, ^`^''-''^^'''~^^`-~`~~^~~~--^^~'-^~`'^^^~~'~^~~^`~'`^^~^''~'^'^'-^'~'-^ �A.12, ..-~..~~.^...-........'.........'.~-.~.-... A^|3' WRITTEN AGREEMENT 11......~..,~.........~.~-......~..~..........^....... A,l4. TIME TSOFTHE ESSENCE ................... ......- ..... ........................ ..............4 /\.]5. SIGNATURE BLOCK ......... ............... -^^~^^^~^^'^'^^~''^^'~^-^^^^~'4 SECTION B: STANDARD PROVISIONS � B.1, HOLDING ................-.,...........~.....-...........-..^_.. B.2. HOLD HARMLESS .......................... ....... ............ ........................ ............... 5 B.3, ALTERATIQNS, FIXTURES AND SIGNS^^^^'^^^^^^-^^^^'^^^^^^-^'~'-^ 5 B.4 ^'^'^~'`^''~^^^'`~''^^^'^^^^ 5 B.5, Q111ETENJOYMENT^.....~ ... ............ ...^ .................................................. ^ 6 � 13.6. ...^.....................~.....^....^....................^^............... . B.7. SURRENDER OF PREMISES^~^^^'^~^``''^^^'^^^^'^'^^~'`^^`^-'^'-^``~^'-^ 6 13.8. SUCCESSORS AND ASSIGNS ...._^.,,,,,.,~.,,.. ......... ......^...----........ ., 7 13�9. SEVERABILITY.,,._,.,,.~,..~~_`...................................---...... ...... ........... 7 13.410, WASTE.NUISANCE,.,.,,.,,,,^^,.~^,~,,~..,,,~............... .................... ...... 7 B,\ [ INSPECTION ,,,,~',~.,,.,^..~,,~,~,,.~............. ...... .................................... .~. 7 B.12. ABANDONMENT ~....~.........~.,..`..,..^^.^..~......^^.^..`.................... 7 SECTION C. SPECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE.,.~^..,., .................. C.2` PARKING.......................^......... ............................... .................. ................... 8 C.3. POSSESSORY INTEREST TAX........... ........ ..................................... .......- 8 C/4. INSURANCE...........................^'^'^'^^^^^^'^^^^^'^'^`^^'^^^'^^^^-^~ q C.5. TERMINATION.^.^,,.....,..,^,,,,,.,,....^.^,,,.^,,,,,.,,,,,,,,,.,,,,..,,.`,,,,, 10 C.6. TE RMINATION OF PRESENT LEASE. ..,...-.'.^^~'^^^''^^^^^''^'~^^^' 10 EXHIBITS EXHIBIT A: PREMISES LEASE FOR DETOXIFICATION FACILITY 2€190 COMMERCE AVENUE CONCORD, CALI 'ORNIA SECTION A. BASIC TERMS AND CONDITIONS A.1, EARTI S: Effective on AUG 1 1999 the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "CO T Y", and 131-BETT CORPORATION, hereinafter called "CONTRACTOR", mutually agree and promise as follows: A..2, LEASE OF PREMISES: COUNTY, for and in consideration of the rents, and a contract to operate a detoxification facility, hereby leases to CONTRACTOR, and CONTRACTOR leases from COUNTY those certain premises described as follows: A one- story building containing; approximately 4,239 square feet, together with parking and rights of ingress and egress, commonly known as 2090 Commerce Avenue, Concord, as shown outlined in heavy black lines on Exhibit "A" attached hereto and made a part hereof. A..3. MASTER LEASE; This Lease is a sublease under and subject to the master lease between Joseph L. Campbell and COUNTY, dated May 5, 1981. A,a4, 'TER.t''I. The term of the Lease shall be five (5) years, commencing June 1, 1999 and ending May 31, 2004. A.5. RENT: CONTRACTOR shall pay to COUNT' as rent for the use of the premises a monthly rental of TWO THOUSAND T ENT Y SEVEN AND NO/100 DOLLARS ($2,027.00), payable in advance on the first day of each month during the term of this Lease, Payments shall be made payable to "Contra Costa County" and�mailed to: Contra Costa County, General Services Accounting Division, 1220 Dorello Avenue, Suite 200, Martinez, C.A. 94553-4711. A.6. DELINQUENT RENTAL PAYMENTS: If any installment of rent or any other charge due from CONTRACTOR. is not received. by COUNTY T when due, then, at COU IT Y's election and upon COU TY's demand, CONTRACTOR shall pay to ol _ COUNTY a late charge equal to ten percent (10%) of such overdue amount and in such event the parties hereby agree that such late charge represents a fair and reasonable cost COUNTY will incur by reason of the late payment by CONTRACTOR. A.7. USE OF—PREMISES: The premises shall be used during the term for the sole purpose of operating a detoxification facility. AX UTILITIES JANITORIAL AND LANDSCAPING SERVICE: CONTRACTOR shall provide and pay for all services to the premises, such as janitorial, landscaping, telephone, gas, electric, water, sewer, and refuse collection services. A.9. MI .AlPil—EN—ANCEAMI RE AIRS; a. CONTRACTOR, at its sole cost and expense, shall keep and maintain the premises and every part thereof in good order, condition, and repair, including, but not limited to, the interior, carpeting replacement, exterior walls, parking lot, landscaping, exterior lighting system, glass and glazing, doors and their fixtures, closers and hinges, locks and key systems, and alarm systems. CONTRACTOR shall make repairs in a craftsmanlike manner, matching existing materials as closely as possible in appearance and quality. b. CONTRACTOR shall maintain, at its sole cost and expense, all electrical, lighting, water, plumbing, sewer, heating, ventilating, and air-conditioning systems; however, COUNTY shall provide and pay for mEajor repair or replacement of these systems which is required due to normal wear and aging and not a result of abuse, vandalism, neglect or CONTRACTOR's failure to provide proper maintenance. C. COUNTY shall maintain the structural integrity of the building and shall keep the roof in good order, condition, and repair. d. CONTRACTOR shall obtain and keep in effect, at its sole cost and expense, a services contract, acceptable to the COUNTY, for the maintenance and repair of the heating, ventilating, and air-conditioning systems, Said contract shall provide for filters to be changed a minimum of four (4)times per year. - 2 - C. COUNTY shall be responsible for the correction of any code violations which may exist in the premises, provided COUNTY shall not be liable for correction of code violations which arise out of and are directly related to a change in CONTRACTOR's occupancy or use of the premises. f. CONTRACTOR shall maintain, repair, and replace fire extinguishers which were originally supplied by and shall remain COUNTY property, 9. CONTRACTOR shall not suffer any waste on or to the demised premises. A.10. FIXTURES A1ND_EQjj1P_Mi, 1NT: As part of the consideration for this Lease, COUTINITY grants to CONTRACTOR the use of certain fixtures and equipment located on the premises, which are as follows: range/oven/grill, add-on range, exhaust hood, and dishwasher. Maintenance and replacement of these items shall be provided and paid for by CONTRACTOR. Upon termination of this Lease, said items or their replacements shall remain COUNTY property and shall be left in good order, condition and repair, except for reasonable use and wear. A.11. NOTICES: 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: To CONTRACTOR: Bi-Rett Corporation 3018 Willow Pass Road, Suite 102 Concord, CA 94519 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 945534711 A.12. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A - Parcel Map are attached to this Lease and are made a part hereof. A.B. 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 force or effect. This Lease may be modified only by a - 3 - 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. A.14. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.15. SIGNATURE BLOCK COUNTY CONTRACTOR COUN'T'Y OF CONTIG COSTA, a Bi-Rett Corporation political subdivision of the State of California By Director of General Services RECOMMENDED FOR APPROVALy By Dii✓ ctor of`£"iipit"al Facilities and Debt Management t By 014-4,n Health S rvices Department � Bv ✓Deputy Q eral Sed v es Director Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel c o By_ . 2090 Commerce Lem!99-3-19.doc - 4 - LEASE FOR DETOXIFICATION FACILITY 2090 COMMERCE AVENUE CONCORD, 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. B1. HOLD HARMLESS: CONTRACTOR shall indemnify, defend, save, protect and hold harmless the COUNT', its officers, agents and employees from any and all claims, costs and liability, including reasonable attorneys fees, for any damage, injury or death, including without limitation all consequential damages from any cause whatsoever, to persons or property arising directly or indirectly from or connected with this Lease, CONTRACTOR's operations, or CONTRACTOR's use or possession of the leased Premises, save and except claims or litigation arising through the sole negligence or sole willful misconduct of COUNTY, its officers or employees, and if required, will defend any such actions at the sole cost and expense of CONTRACTOR. B.3. ALTERATIONS, FIXTURES. AND SIGNS: With prior written approval of COU-NITY's Lease Management Division, CONTRACTOR may make any lawful and proper minor alterations, attach fixtures and signs in or upon the premises, which shall remain CONTRACTOR's property and may be removed therefrom by CONTRACTOR prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at CONTRACTOR's sole cost and expense, and all signs shall meet with existing code requirements and COUNTY's approval. BA. DAMAGE OR DESTRUCTION ...OF PREM.1SE.S: a. CONTRACTOR shall promptly give written notice to COUNTY in case of any material damage to or destruction of the property. If the damage is from - 5 - a risk covered by insurance described in Paragraph C4 below, COUNTY shall restore the property to substantially its condition prior to the damage or destruction with such alteration or additions as COUNTY elects. At COUNTY's option, insurance proceeds shall be paid to CONTRACTOR, who shall restore the property as described hereinabove. b. In case of any material damage or destruction from a risk not covered by insurance, COUNTY may, at its option, make the repairs within a reasonable time, this agreement continuing in full force and effect. If COUNTY does not so elect, this agreement may be terminated at the option of either party. B.5. QUIET ENJOYMENT: COUNTY covenants that CONTRACTOR 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 COUNTY as long as CONTRACTOR fully performs hereunder. B.6- DEFAULTS: If CONTRACTOR defaults in performing any of the promises or conditions herein, COUNTY may, at its option, immediately cancel this Lease, terminate all CONTRACTOR's rights hereunder, and re-enter the premises and exclude all other persons therefrom. In the event of such a breach by COUNTY, CONTRACTOR 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 the cost thereof from rental payments due to COUNTY, provided that CONTRACTOR has given COUNTY thirty (30) days written notice of the breach and provided that COUNTY has not made a substantial effort to correct the breach. No waiver of any default on any of the terms, covenants or conditions in this Lease by either party shall be a waiver of any subsequent default of the same or any other terms, covenants or conditions herein contained. B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner termination of this Lease, CONTRACTOR will peaceably and quietly leave and surrender to COUNTY these premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, reasonable use and wear thereof and - 6 - damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which CONTRACTOR has no control excepted. B.8. SUCCESSORS AND ASSIGNS: 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 CONTRACTOR or COUNTY in its respective rights and obligations contained in the valid provisions of this Lease. 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: CONTRACTOR shall not 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 occupant of the neighborhood in which the leased Premises are located. B.11. INSPECTION: The COUNTY may enter the premises between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, or any time in an emergency situation, and may employ proper representatives to insure 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, CONTRACTOR shall promptly make any repairs or do any maintenance identified by the inspection. B-12. ABANDONMENT: CONTRACTOR shall not vacate or abandon the premises at any time during the term; and if CONTRACTOR shall abandon, vacate or surrender the premises, or be dispossessed by process of law, or otherwise, any personal property belonging to CONTRACTOR and left on the premises shall be deemed to be abandoned, at the option of COUNTY. - 7 - LEASE FOR 'DETOXIFICATION FACILITY 2090 COMMERCE AVENUE CONCORD, CALIFORNIA SECTIO C- SPECIAL; PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: CONTRACTOR sell not have the right to assign this Lease or sublease the premises or any part thereof at any time during the term of this Lease without written consent of COUNTY. C.2. PARKING: Parking consists of spaces on two parcels known as Parcel "A" and Parcel "B", shown on Exhibit A which is attached hereto and made a part hereof: Both CONTRACTOR and the occupant of Parcel "A", Family Stress Center, shall have the right to park in common in either parking area; however, subject to approval of COUNTY, CONTRACTOR shall have the right to restrict from common parking the :area needed for delivery of clients. Maintenance responsibilities and repairs to the existing landscaping and pavement of the parking lots shall be confined to the premises of each. party. CONTRACTOR hereby agrees to coordinate with the occupant of Parcel "A" major repairs such as resurfacing and striping so as to maintain the uniform appearance and condition of both lots. C. . POSSESSORY INTEREST" TAX: In the event COUNTY should acquire title to the premises or a portion thereof, it is understood that CONTRACTC?It4s interest herein may be subject to a possessory interest tax.. This tax is mandatory by law and is levied on the LESSEE and not the property. The occupant of the property on the lien date, March I of the current year, is liable for full payment, even if LESSEE subsequently vacates the .Premises. CONTRACTOR, therefore, must recognize and understand, in accepting this Agreement, that its interest therein may be subject to a possible possessory interest tax that the County Assessor .may legally impose on such possessory interest held by the CONTRACTOR, and that such tax payment shall not reduce any rent due the COUNTY - 8 - hereunder and such tax shall be the liability of and be paid promptly by the CONTRACTOR when due. CA. INSURANCE: 1. Insurance Required: a. Liability Insurance: Throughout the term of this lease, CONTRACTOR shall, at its sale cast and expense, maintain in full force and effect, Comprehensive General Liability or Commercial General Liability insurance covering bodily injury (including death), personal injury and property damage. i. Limits shall be in an amount of not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) aggregate, if applicable. ii. Such insurance shall name COLLI TY, its officers, agents and employees, individually and collectively, and Joseph L. Campbell as additional insureds. iii. Such insurance for additional insureds shall apply as primary insurance, and any other insurance maintained by CONTRACTOR, its officers, agents and employees, shall be excess only and not contributing with the insurance required under this paragraph. E Property Insurance: COUNTY will not peep CO TRACTOR's personal property insured against fire, or any other insurable risk, and CONTRACTOR waives the right to claim damages from the COUNTY for any damage resulting to said property in the event it is damaged or destroyed by fire or any other risk. C. Rental Interruption Insurance: CONTRACTOR shall provide rental interruption insurance for loss of rental income for up to twelve (12) months naming COtNTY as insured. d. Worker's Compensation and Employer's Liability Insurance: Throughout the term of this lease, CONTRACTOR, at its sole cost and expense, shall maintain in fall force and effect, insurance coverage for: - 9 - i, Statutory California Worker's Compensation coverage including a basad form all-states endorsement. ii. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this lease, 1 Evidence of coverage: CONTRACTOR shall provide on a form approved by CONTRACTOR an original plus one (I) copy of a Certificate of Insurance certifying that coverage as required has been obtained and remains in farce for the period required by the Lease. 3. Notice of Cancellation, or Reduction of Coverage: All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation or reduction in coverage to be sent to the address shown on the Certificate of Insurance. 4, Qualifying Insurers: All policies shall be issued by companies which bold a current policy holder's alphabetic and financial size category rating of not less than A:XII according to the current Best's Ivey Rating Ovide, unless otherwise approved by COI TY. 5. Waiver of Subrogation: Except as may be specifically provided for elsewhere in this lease, COUNTY and. CONTRACTOR hereby -each mutually waive any and all rights of recovery from the other in event of damage to the premises or property of either caused by acts of God, perils of fire, lightning, and the extended coverage perils as defined in insurance policies and forms approved for use in the state of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with the aforementioned waiver. C.5s TERMINATION: In the event COUNTY's contract with CONTRACTOR for operation of a detoxification facility is terminated, this Lease shall terminate on the same date as the contract termination. Cmf. TERMINATION OF PRESENT LEASE; It is understood and agreed that CONTRACTOR now leases the premises under the terms of a. lease dated August 8, 1989. Upon commencement of this Lease, that lease shall terminate. _ 10 _