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HomeMy WebLinkAboutMINUTES - 07252000 - C70 JTo: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra DATE: July 28, 2000 Costa County SUBJECT: LEASE FOR THE HEALTH SERVICES DEPARTMENT 887 HOWE ROAD, MARTINEZ SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECO MEN ATION APPROVE a Lease, commencing September 1, 2000, with the Jordan Family Trust for the premises at 887 Howe Road, Martinez, for occupancy by the Health Services Department, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. DETERMINE that the above project is a Class 1 Categorical Exemption under the California Environmental Quality Act. DIRECT the Community Development Department to FILE a Notice of Exemption with the County Clerk. 11. FINANCIAL IMPACT Payments required are to come from the budget of the Health Services Department. 111. REASONS FOR RECOMMEND TION / BACKGROUND Provide for use of warehouse, as requested by the Health Services Department. ATTACHMENT: YES SIGNATURE: �� � ,.ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE VAPPROVE OTHER SIGNATURE(S): Q_4.f'e�_ ACTION OF BOARD APPROVED AS RECOMMENDED ° VOTE OF SUPERVISORS �+J UNANIMOUS(ABSENT A_ 0.4 e'- AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(319-7100) CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM} AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Lessor(via UM) OF SUPERVISORS ON THE DATE SHOWN. Health Services(via UM) County Counsel(via UM) ATTESTED y�di' c7r r9i9i:::2 Risk Management(via UM) PHIL BATQIqELOR,CLERK OF THE BOARD OF Orig:General Services department-UM SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY lALeaseMgt\PETE\887 BO and AG.doc e, /` 0 Y GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-7250 FAX 3-7299 DATE: July 10, 2000 TO: Phil Batchelor, County Administrator �06kkox& FROM: Barton J. Gilbert, Director of General Services &t_,) SUBJECT: • • Lease—887 Howe Road,Martinez—Health Services Department (July 25, 2000) A lease has been negotiated as follows: OCCUPANT: Health Services Department TERM: 5 years COMMENCING: September 1, 2000 OPTION: two 3 year CANCELLATION: none RENTAL: Year 1 to 3: $2,700 per month $0.75 per square foot Year 4: $2,780 per month Year 5: $2,865 per month SQUARE FEET: 3,600 SPACE TYPE: warehouse COUNTY RESPONSIBILITY: all except structure and roof RENEWAL: no PREVIOUS RENT: n/a ADDRESS: 887 Howe Road, Martinez CODE 25351 NOTICE: January 26, 2000 BUILD /'WORK AUTH.: WLP401 cc: General Services Department Kathy Brown Christie Beardsley IALeaseMgt\PETE1887 EO and AG.doc PB:cm LEASE TABLE OF CONTENTS 887 HOWE ROAD MARTINEZ, CALIFORNIA CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES .......................................................................................................... 1 A.2. LEASE OF PREMISES.................................................................................... I A.3. TERM................................................................................................................ I A.4. RENT ................................................................................................................l A.5. EXTENSION....................................................................................................2 A.6 USE OF PREMISES.........................................................................................2 A.7. UTILITIES AND JANITORIAL......................................................................3 A.$. MAINTENANCE AND REPAIRS..................................................................3 A.9. NOTICES..........................................................................................................4 A.10. EXHIBITS AND ATTACHMENTS................................................................4 A.11. WRITTEN AGREEMENT...............................................................................4 A.12. TIME IS OF THE ESSENCE...........................................................................4 A.13. SIGNATURE BLOCK.....................................................................................5 SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER ............................................................................................6 B.2. HOLD HARMLESS .........................................................................................6 B.3. ALTERATIONS, FIXTURES, AND SIGNS ..................................................6 B.4. DESTRUCTION...............................................................................................7 B.5. QUIET ENJOYMENT......................................................................................7 B.6. DEFAULTS ......................................................................................................7 B.7. SURRENDER OF PREMISES ........................................................................9 B.II, SUCCESSORS AND ASSIGNS......................................................................9 B:9. SEVERABILITY..............................................................................................9 B.10. WASTE, NUISANCE.......................................................................................9 B.11. INSPECTION ...................................................................................................9 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE................................................................... I 1 C.2. SERVICE BY LESSOR ................................................................................. 11 C.3. PROPERTY TAX INCREASES.................................................................... I 1 CA. ACCOMPLISHMENT OF IMPROVEMENTS............................................. 12 C.5. COMPLETION AND OCCUPANCY ........................................................... 14 C.6. PRIOR POSSESSION.................................................................................... 14 EXHIBITS EXHIBIT A: PRI' MISES EXHIBIT B: IMPROVEMENT PLANS EXHIBIT C: IMPROVEMENT SPECIFICATIONS FA887 Hawn Road\887 Losse 2.doc Draft Version July 26,2000 5A3 PM LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 887 HOWE ROAD MARTINEZ, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. lA1L11EJ: Effective on , the JORDAN FAMILY TRUST, hereinafter called "LESSOR.", and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", mutually agree and promise as follows: A.2. LEASE E OF P MISY,S: LESSOR, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from LESSOR those certain premises described as follows: a portion of the warehouse building commonly known as 887 Howe Road, Martinez, as shown on Exhibit A attached hereto and made a part hereof ("Premises"), together with non-exclusive use of the unreserved associated parking lot and exclusive use of two adjacent parking spaces located in the rear of the warehouse building. A.3. TERM:R,: The term of this Lease shall be five (5) years, commencing September 1, 2000 and ending August 31, 2005. A.4. RE ,: COUNTY shall pay to LESSOR. as rent for the use of the Premises a monthly rental as follows, payable in advance on the first day of each month during the term of this Lease. Payments shall be mailed to: RCR Property Management, 928 Main Street, Martinez, CA 94553. Period Monthly Rent September 1, 2000 through August 31, 2003 $2,700.00 September 1, 2003 through August 31, 2004 $2,780.00 September 1, 2004 through August 31, 2005 $2,855.00 1 FA889 Haws Ro®d1887 Lease 2.doc Draft Version July 26,2000 5.43 PM A.5. EATEN IU I: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions for a three (3) year term, commencing September 1, 2005 and ending August 31, 2008, except the rental shall be adjusted as follows: Commencing on September 1, 2005, and annually thereafter, the rent then in effect will be adjusted based on the "CPI Factor" (as herein defined); however, any adjustment in the rent based on the CPI Factor shall be limited to a maximum of six percent (6%) and rounded to the closest whole dollar. For example: if the CPI Factor is 6.1% during the twelve month period from June 1, 2004 through May 31, 2005, then the revised monthly rent commencing September 1, 2005 shall be computed as 6% (the CPI Factor is limited to a maximum of 6%) of 2,865.00, ($171.90), plus the prior monthly rent equals $3,036.90, rounded to a total of $5,037.00 The "CPI Factor", as herein used, is that percentage of change in the Consumer Price Index to the nearest one-tenth of one percent established during the twelve month period immediately preceding the June before the date the revised rent is to commence, as stated in the Consumer Price Index, Urban 'Wage Earners and Clerical Workers, U. S. City Average, All Items (1982-84 = 100), published by the United States Department of Labor, Bureau of Labor Statistics, or any successor or substitute index published as a replacement for that Index by said Department or by any other United States governmental agency. It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior written notice of its intention to exercise any option to extend this Lease. However, in the event COUNTY does not give such written notice, its right to exercise any option before termination of the Lease shall not expire until fifteen (15) working days after receipt of LESSOR's written demand to exercise or forfeit said option. A.6 USE OF PREMISES: The Premises shall be used during the,term or extension thereof for purposes of conducting various functions of COUNTY. 2 FA887 Howe Road1887 Lease Z.doc Draft Version July 26,2000 5:43 Flet A.7. VICILI`i'IES AND JANITORIAL. COUNTY shall pay for all gas, electric, and refuse collection services provided to the Premises and provide its own janitorial service. Lessor shall pay for all water and sewer charges. A.$. MAINTENANCE ANI? 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, glass and glazing, and all locks and key systems used in the Premises, except for the electrical door operator installed under this agreement, which shall be maintained by COUNTY. b. COUNTY 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 repair and maintain the electrical, lighting, water, and plumbing systems in good order, condition, and repair. d. COUNTY shall maintain and repair the heating, ventilating, and air- conditioning 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-13-C fire extinguishers for the Premises at no cost to COUNTY. COUNTY shall thereafter maintain, repair, and replace the extinguishers. g. COUNTY shall not suffer any waste on or to the demised Premises. 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 3 FA887 Howe Roadl887 Lease 2.doc Draft Version July 26,2000 5:43 PM 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.9. 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 LESSOR: Kenneth Jordan C/o RCR Property Management 928 Main Street Martinez, CA 94553 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.10. F.XXHIDITS lyD ATTACHMENTS: Section B, Standard Provisions, and Section C, Special Provisions, are attached to this Lease and are made a part hereof. A.11. 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 writing signed by both parties. The headings of the paragraphs and pages 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.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. 4 FA887 Howe Road\887 Lease 2.doc Draft Version July 26,2000 5:43 PM A.13. SIGNATURE BLOCK COUNTY LE S"OB COUNTY OF CONTRA COSTA, a Jordan Family Trust Political subdivision of the State of California By .Kenneth J dan, Trustee Director o6beneral Sery es RECOMMENDED FOR APPROVAL: By 44or ofi al Facilities and Debt Manage nt By I I h"S rvices Dept ment B De ty Gene Services Director By, .�jd Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County C By Deputy 5 FA887 Howe R,oad1887 Lease 2.doc Draft Version July 2b,2400 5:49 PM LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 887 HOVE ROAD MARTINEZ, 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 ARMLESS: 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 or intentional acts, errors or omissions of the COUNTY, its officers, agents or employees. COUNTY shall not be liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the LESSOR or for other liability which is attributable, in whole or in part, to the negligence, willful misconduct, or other intentional act, error or omission of LESSOR, which results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the LESSOR's 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 or intentional acts, errors or omissions of the LESSOR, its officers, agents or employees. B.3. ALTERATIONS,�FIXTIJ F. , AND SIGNS: COUNTY may make any lawful and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY's sole cost and expense, and all signs shall meet with existing code requirements and LESSOR's approval. 6 FA887 Bowe Road\887 Lease 2.doc Draft Version July 26,2000 5:43 YM B.4. DESTMCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease or extension thereof from any cause, and repairs can be made within sixty (60) days from 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 void this 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 Premises are unusable by COUNTY. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at its 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 or the building in which the Premises are located shall terminate this Lease. 8.5. Q ILI ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the term or extension thereof peaceably and quietly have, hold, and enjoy the demised Premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. 8.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of Default under this Agreement: a. Event of Default by COUNTY. 1. COUNTY'S failure to pay any Rental within ten (10) business days after written notice of failure from LESSOR to COUNTY. If, however, payment is not made within ten (10) business days of said written notice due to circumstances beyond the reasonable control of COUNTY, which 7 FA887 Howe Road1887 Lease 2.doc Draft Version July 26,2000 5:43 PM circumstances may, without limitation hereby, include failure of COUNTY to adopt a budget, then COUNTY shall make such payment within such additional time as is required [but not to exceed a total of seventy five (75) days from LESSOR's notice to COUNTY.] 2. COUNTY'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 reasonably sufficient detail the nature of said breach. If the required cure of the noticed default cannot be completed within thirty (30) days, COUNTY'S failure to perform shall constitute a default under the Lease unless COUNTY 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 reenter and repossess the Premises and remove all persons and property therefrom after giving COUNTY written notice of such default and in accordance with due process of law. b. Event of Default by LESSOR. LESSOR'S failure to perform any of its obligations under this Lease shall constitute an Event of Default by LESSOR if the failure continues for thirty (30) days atter written notice of the failure from COUNTY to LESSOR. If the required cure of the noticed default cannot be completed within thirty (30) days, LESSOR'S failure to perform shall constitute an Event of Default under the Lease unless LESSOR 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. Notwithstanding the foregoing, in the event of a situation creating a perilous condition on the Premises which substantially and significantly threatens the health and safety of COUNTY and/or its invitees, LESSOR shall use reasonable efforts to immediately address the situation and shall use diligent efforts to correct the perilous condition. 8 FA887 Howe Road1887 Lease 2.doc Draft Version July 26,2000 5.43 PM 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, or at COUNTY'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, COUNTY will peaceably and quietly leave and surrender to LESSOR these Premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, excepting for reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which COUNTY has no control. COUNTY shall not be liable for painting the interior of the demised Premises upon termination of this Lease. B.8. S1JCCESSOR5AND 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. B9. SEYE ABILITY: 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, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the leased Premises are located. COUNTY 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 9 FA887 Howe Road1887 Lease 2.doc Draft Version July 26,2000 5:43 PM 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. 10 FA887 Howe Road1887 Lease 2.doc Draft Version July 26,2000 5.43 PM LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 887 HOWE ROAD MARTINEZ, 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 or extension thereof. C.2. SEMICE BY LESSOR: It is understood and agreed LESSOR shall provide. certain maintenance, construction, remodeling or like services as requested by COUNTY from time to time during the term of this Lease or extension thereof. 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 COUNTY'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 TAX INCREASES: It is agreed that if at any time or times during the term or any extended term of this Lease there is an increase in the amount of real property taxes levied upon the land and building of LESSOR, of which the demised premises are a part, or if any additional or other taxes or assessments, including special improvement district assessments, shall be levied or assessed against said land and building by any governmental body having jurisdiction to do so, over and above the amount of real property taxes levied and assessed by the City of Martinez and the County of Contra Costa, for the fiscal year 2001-2002, COUNTY shall pay to LESSOR thirty percent (30%) of all such increase in taxes or additional taxes and assessments, such payment to be made by COUNTY to LESSOR within thirty (30) days after written notice 11 FA887 Howe Road1887 Lease 2.doe Draft Version July 26,2000 3:43 PM from LESSOR to COUNTY to do so. The provisions hereof relating to taxes and assessments shall not, however, include taxes in the nature of income taxes, excess- profits taxes, inheritance, estate or transfer taxes or taxes upon rental by whatever authority imposed or however designated, tax increases resulting from LESSOR'S improvement of portions of the said building not leased by COUNTY hereunder, or tax increases resulting from the sale of the Premises. As to any assessments levied under any special improvement district plan whereby said assessments may be paid in installments or allowed to go to bonds and then be payable in installments with interest, COUNTY shall only be required under the provisions hereof to pay thirty percent (30%) of such installments, including both principal and interest, on any such bonds that fall due during the term hereof, and shall not be required to pay thirty percent (30%) of the whole of any such assessment.. Nothing in this Lease shall, however, be construed as prohibiting or interfering with the contesting by COUNTY, at its own cost and expense, by legal proceedings or otherwise, of any excessive or unlawful taxes, assessments or other charges or claims of any kind in respect to the premises hereby leased or the use and occupancy thereof, and COUNTY may so contest the same and during such contest COUNTY shall not be treated or taken to be in default with respect to the subject matter of such contest under any of the terms of this Lease; provided, however, if LESSOR shall so require, COUNTY shall furnish to LESSON. reasonable security for the payment at the end of such contest of such taxes, assessments, charges or claims, together with all costs and expenses of such contest, provided COUNTY has not given bond or other security for the same in court or otherwise in such contest. CA. ACCOMPLISHMENI OF IMPROVEMENTS a. LESSOR shall construct improvements per plans and specifications labeled Exhibits "B " and "C ," which are attached and made a part hereof. Final plans and two (2) copies of specifications of materials and equipment to be installed will be submitted to COUNTY and shall be approved by COUNTY before any construction work is commenced. 12 FA887 Howe Road%87 Lease 2.doc Draft Version July 26,2000 5:43 PM After approval by COUNTY, LESSOR shall not make or cause to be made any changes in the plans or specifications without the prior written consent of COUNTY. LESSOR shall make changes, additions or deletions upon written Change Order from COUNTY and such items shall be charged at a rate not to exceed direct cost. COUNTY shall receive full credit for any deletions. COUNTY hereby reserves the right to inspect during construction of improvements as specified herein, but will not interfere with LESSOR's work and will notify LESSOR of any requests, recommendations or discrepancies. b. LESSOR shall commence construction within thirty (30) days of the effective date of this Lease and the improvements shall be complete, including final inspections and issuance of a Certificate of Occupancy, by September 1, 2000. If actual construction has not commenced within sixty (60) days of the effective date of this Lease, COUNTY may, upon written notice to LESSOR, cancel this Lease without cost or obligation to COUNTY. In the. event LESSOR cannot deliver the Premises on or before September 1, 2000, as provided hereinabove, rent shall be prorated as of the first workday after the improvements are completed and accepted by the COUNTY. In the dvent LESSOR delivers the Premises prior to September 1, 2000, COUNTY shall pay to LESSOR $90 for each day from the first workday after the improvements are completed and accepted by the COUNTY through August 31, 2000. However, if the improvements are not completed by November 1, 2000, COUNTY may, at its sole discretion, terminate the Lease by giving LESSOR written notice, with no cost or obligation, on the part of COUNTY. C. Upon LESSOR's written request, the dates in this paragraph shall be extended by the time lost as a result of work stoppages, strikes, shortages of 13 FA887 Howe Road1887 Lease 2.doe Draft Version July 26,2000 5:43 PM material or Act of God; provided such time lost is entirely beyond LESSOR's control. C.S. COMPI �+"110N AND OCCUPANCY: The following procedure shall apply for completion and acceptance of the remodeling of the existing building, hereinafter called improvements. a. Upon LESSOR's completion of improvements and written notice thereof to the County Lease Manager, COUNTY shall inspect within three (3) workdays after receiving the notice and shall accept or reject the improvements within six (6) workdays of receipt of such written notice. h. The sole basis for rejection of the improvements shall be nonconformity with plans and specifications or applicable laws or ordinances. In the event COUNTY rejects the improvements, COUNTY shall provide LESSOR with a reasonably detailed list of the deficient portions or details of the improvements. C. LESSOR shall immediately commence to complete or correct the rejected portion. d. Subject to subparagraphs (a) and (b) above, rental shall be prorated as of the first workday following the acceptance. However, acceptance of the improvements shall not constitute a waiver of any warranty of any defect in regard to workmanship or material of the improvements on the premises. e. Upon completion and acceptance of improvements as provided in subparagraphs a, b and c above, COUNTY shall pay to LESSOR TWENTY FIVE THOUSAND THREE HUNDRED EIGHTY AND NO/100 DOLLARS ($25,380.00) for improvements as specified in Exhibits "B" and "C." C.6. PRxOR, 1'!2ES ',ION: Commencing on August 15, 2000, COUNTY shall have the right to install fixtures, telephones, and other items required to prepare space for COUNTY's occupancy and to store furniture, supplies, and equipment where such work 14 FA887 Howe Road1887 Lease 2.doc Draft"Version July 26,2400 5.43 PM or storage can be effected without unduly interfering with LESSOR's completion of the improvements. 15 FA887 Howe Road1887 Lease 2.doc Draft Version July 26,2000 5:43 PM uv . •a• In � �► , m r m v s m r a m 0 a� 0 0 m z z ;u ,v -�c dG)i m 0 7Ji �ro a -� Z •-cn� � O p C�7 m A z z m` mr t i I N7 L - -._i. l J c) 0 cn m z -n $ r , © r i -gym 0o z illi 0 xco z c' D zzm "0 � � O 'Ti Cl)�00 m r- j 30'-6" �v Ml �j m z ,u 0 howemo 000 > mco _ � Amo "'�, 05 `*$ tin. �m m z to -n - � n3! i �qy 0 Co 0rn /-+4) � z 'ten � W i'i c 1i/ j`+ j r r X _ m i IT'I I °°moco a; I m � �� � v ate , } ami Imo _ Mm -t x I 1 ( a m A a � � _ _ rn 60,41 � r _ cl) �m 00 -rm- w r- zz 0� z ' 0 > 00 cn ' m cn -• ® ;o0' 7J � 0 m X -b- 00 "' 0 r -n ry M < 00 rocs . T x � z � (n z M > � z � ��m gym- m cn a? � —q8 005 08 t. C7 'n x � I ®� m �m mZ 0 mm my C7 m m C} cr> m TI co M co Zy V m -- .. __. �.._ ..._...,.._....,.___._.. I I� X — . • —� > C,3 C7 z N - - __ c m c� Al r� N (.D -n Ln C O >m r0 . P c z LJ m uy Q cn m 0 rico c.. t rrr, M Zao m 0 0 � r xa a m co G�7 G) m m d x rnr. . 1]'CLEAR + a ca s AM m C', ` v 0 cn to > Com? m ;i rM T 0 G7 G} t!7 0 {� m �a z _ co � I �``' ' as I Cl) s C7 -0 itsC D ---�.� � � x C r� c d 1, r c > cn co a a K i o_....__ ...._r.. xi p f m ro _ 00 nm z� rm cz � M j z > ja to 00 rn oma m M� w O n -i 08 Cr7 n m X 0 a mz Z 0 m o w co EXHIBIT—C TENANT IMPROVEMENT WORK SPECIFICATIONS 887 HOWE ROAD, MARTINEZ A. PLANS, SPECIFICATIONS AND RELATED DOCUMENTS I. County will prepare and transmit a conceptual floor plan to Lessor. 2. Lessor shall furnish, upon completion of all leasehold improvements included in the lease provisions: one (1) copy of complete set of as-built plans, including notes indicating revisions to original construction plans. 3. Plans and specifications shall be submitted to and an appropriate permit obtained from the local building official of the jurisdiction in which the facilities are located. LESSOR shall pay all fees related to these approvals. 4. Electrical service to County-occupied area shall be provided with separate meters. Lessor shall have all utilities in service or turned on at least ten (10) days prior to County occupancy. County will transfer all services to County's account upon commencement of occupancy or upon receipt of "Certificate of Occupancy" if such pre-dates occupancy by County. B. CODE REQUIREMENTS 1. All construction shall conform to all governing laws, codes and ordinances including but not limited to the following: a. CBC, latest adopted edition b. CMC, latest adopted edition C. CPC, latest adopted edition d. CEC, latest adopted edition e. CFC, latest adopted edition f. Title 19, California Code of Regulations g. Title 24, California Administrative Code h. Title 8, OSHA i. Lessor shall furnish to County a copy of a duly executed "Certificate of Occupancy" from appropriate agency of local jurisdiction prior to acceptance of improvements as complete to County, j. Project is a prevailing wage rate pursuant to Labor Code Section 1773. 2. Building and its components shall comply with requirements of Cal/OSHA (Title 8, CAC) and Lessor shall correct all discrepancies noted during pre-occupancy inspection at no additional cost to County. 3. Facilities for handicapped persons shall be provided in accordance with the current edition of CBC and CAC Title 24. 4. :Exit signs shall be installed per code and shall be reviewed and approved by Fire Marshal of local jurisdiction. 5. Fire extinguishers and associated identification/direction signing shall be provided by Lessor. Fire extinguishers shall be commercial grade (Ansul or General Brand) with hose nozzle. Extinguishers shall be ABC dry powder and rechargeable and shall be installed in recessed type wall cabinet painted to match wall color. ti. All materials shall be new and unused unless written permission is granted by the County for specific items. 7. All work shall be accomplished in a first-class and workmanlike manner. - I - FA887 Howe Road1887 Exhibit C S,ee.doo 8. Toxic and Hazardous Materials and Waste a. Lessor is responsible to inform County if toxic and hazardous materials are present in the facilities. b. Asbestos. Operations which may cause release of asbestos fibers into the atmosphere shall meet the requirements of CAC Title 8, General Industrial Safety Carders, Section 5208. Some operations which may cause such concentrations include sanding, grinding, abrasive blasting, sawing, drilling, shoveling, or otherwise handling materials containing asbestos so that dust will be raised. Such materials can include resilient flooring, existing gypsum wallboard, asbestos cement board, spray-on fireproofing for steel, cement plaster, asbestos pipe insulation and acoustical sprays, tiles and boards. C. Toxic Materials: Operations which may release toxic materials into the atmosphere shall meet the requirements of CAC Title 8, General Industrial Safety Orders. Some operations which may release such materials include use of adhesives, sealant,paint, roofing and other coatings. d. Lead Based Paint: Do not use any lead based paint. Lead based paint is defined as: (1) Any paint containing more than five-tenths of one centum lead by weight (calculated as lead metal in the total non-volatile content of paint) or the equivalent measure of lead in the dried film of paint applied or both, or (2) For paint manufactured after June 22, 1997, any paint containing more than six one-hundredths of one per centum lead by weight (calculated as lead metal) in the total content of the paint or the equivalent measure of lead in the dried film or paint already applied. e. Hauling and Disposal: Hauling and disposal of toxic and hazardous materials shall meet the requirements of CAC Tile 22, division 4, Chapter 30, "Minimum Standards for Management of Hazardous and Extremely Hazardous Waste". C. INTERIOR FINISHES 1. Ceilings a. General standard shall be acoustical lay-in panels with T-Bar suspension system in accordance with latest seismic requirements. T-Bar shall be used at I.V. Storage. b. Panels shall have fissured design, size 24 inch x 48 inch x 518 inch, flame spread class 25, Federal Specifications No. SS-S-118a, NRC of .50-.60, light reflectance of 75%minimum,or County approved equal. C. T-Bar suspension system shall be exposed grid with white finish. d. Fire rating of ceiling assembly shall comply with California Building Code, latest edition. C. Sound Insulation blanket shall cover the entire ceiling of Restroom. f: Thermal insulation blanket shall cover the entire ceiling of I.V. Storage Doom. - 2 - FA887 Howe Road\887 Exhibit C Spec.doc 2. Doors a. All new doors shall be 13/4 inch thick solid core, paint grade. 3. Drywall a. Metal Studs. Provide in accordance with Angles Metal Systems I.C.B.O. Report No. 1715 or County approved equal. Minimum screw studs "C" channels with punched webs and faces, either plain or perforated to receive screws, fabricated from min. 20 gauge galvanized steel. Use for all interior studding, except where otherwise detailed or required for fixture bracing or equipment backing. Full height partition shall have details permitting movement of roof structure independent of partition. Top and bottom track must be same gauge and have a minimum of I inch flanges. Floor runner track fastener shall be tempered steel pins with special corrosive-resistant plating or coating. Pins shall have guide washers to accurately control penetration, minimum 11/4 inch. Fastening shall be accomplished by low velocity, piston-driven, powder actuated tool. Pins and tool shall be same as manufactured by Hilti Fastening System or approved equal. Partitions shall meet UBC 2312 structural. b. Gypsum wall board. Provide in accordance with ANSI/ASTM C36 and the Gypsum Association, Metal trim accessories for drywall, including external comer reinforcement and casing beads. Joint compound treatment of joints interior angles, metal trim flanges, and head fasteners. Plain or perforated complying with ASTM.0475. C. Blocking/Support. Provide concealed blocking for hardware and accessories, d. Thermal Insulation. Provide thermal insulation in all walls of I.V. Storage Room. e. Acoustic Insulation. Provide 2" min, sound insulation blankets in all new walls surrounding restroom. 4. Floor Covering a. Sheet vinyl at restroom shall be Armstrong Custom Corlon with self coved base. Colors and patterns shall be selected by the County from standard colors. 5. Painting a. Paint shall be Glidden Spred 2000, #7602, Antique White or County approved equal. Surface preparation: Wash surface thoroughly. Remove dust dirt, grease, glue size or residue, soap and flaking paint. Dull glossy surfaces with light sanding or with a surface conditioner. Do not apply this product if surface temperature is below 50 degree F. Use spred 2000 primer sealer #7616 to prime drywall. Prime unpainted wood or metal with appropriate primers. Patch all cracks and nail/screw holes with patching compound, sand and spot prime. b. Coverage shall be complete, without holes, hot spots, runs, etc., to the satisfaction of County. Prepare and sand all surfaces for proper condition and appearance. Minimum coverage shall be as followsi : I. Existing concrete walls and structure unpainted 2. Gyp board walls Primer and 2 coats of latex 3. Restrooms I coat primer& I coat stipple enamel 4. Doors wood natural finish with I coat sealer 5. Doors metal factory prime with I coat enamel - 3 - FA887 Howe Road\887 Exhibit C Spac.doc 6. Frames 2 coats enamel trim All above are minimum standards and additional coats shall be applied where necessary to obtain complete coverage. 6. Wall Covering Walls of restroom shall be floor to ceiling Marlite fiberglass reinforced polyester panels over water resistant gypsum beard with matching dividers and trim. Color to be selected by County from manufacturer's standard colors. 7. Extra Materials a. Sheet vinyl. 10%of materials used in each pattern and color. b. Paint. One gallon of each calor. D. SPECIAL USE AREAS I. Restroom a. Provide new staff toilet that is in conformance with current ADA including all the required accessories. Mechanical ventilation shall be provided. Flooring shall be sheet vinyl. Wainscot shall be Marlite full height(8'). b. Accessories(Bobrick or equal) (1) Toilet paper dispenser Bobrick#B4288 (2) Paper towel dispenser Bobrick#B263 (3) Soap dispenser Bobrick#B40 (4) Seat cover dispenser Bobrick#B221 (5) Waste receptacle Bobrick#82250 (6) 36 in grab bar Bobrick#86106 x 36 in w/256 series anchor plate (7) 42 in grab bar Bobrick#B6106 x 42 in w/256 series anchor plate (8) Clothes hook Bobrick#B233 (9) Mirror with shelf,Bobrick#B292 C. Signage. Provide A.D.A. compliant signage for restroom. E. HARDWARE (IF SPECIFICALLY REQUESTED BY COUNTY) I. Lessor shall provide keys as required by County. 2. boor bumpers shall be Sargent concave type with US26D finish, All wall bumpers shall have solid backing behind each bumper. F. MECHANICAL PLUMBING SYSTEMS I. Heating, Ventilation and Air Conditioning at IV Storage Room. Within(10) days after Lease is executed. Lessor shall submit a plan showing duct layout, complete with duct sizes, damper locations, supply air diffuser locations, sizes and design CFM, return register locations, sizes and design CFM. All design materials and workmanship shall comply with Local Building Code, Uniform Mechanical Code, Local Utility Company, NFPA, Uniform Fire Code and Local Fire Protection Bureau. Pay all fees related to these approvals. a. All equipment shall be commercial grade, adequately sized for the following design criteria. -4 - FA887 Howe Rogd\887 Exhibit C Spec.doc (1) Heating Design temperature indoor: 70 degree F at 40-45 inch above floor. Design temperature outdoor: 33 degree F ambient. (2) Cooling Design temperature indoor: 78 degree F — DB 40 —45 inch above floor. Design temperature outdoor: 94 degree F — DB and 66 degree F WB ambient. (3) Ventilation Air supply shall be a minimum of one(1.25) CFM per gross square footage of floor area. b. Thermostats shall be wall-mounted in lockbox. C. Noise emissions from fan blowers, ducts, registers or other mechanical equipment to any occupied area shall be below NC35. 2. Plumbing Work a. Provide and install a complete plumbing system connected to existing system. Submit design building drawings for plumbing system to City of Martinez for approval. Permit approval of governing jurisdiction is required prior to fabrication and installation. Plumbing drawings to include hot and cold water supply, waste, soil and venting piping, drains with trap primers and condesage systems. Provide calculation were required and pay all fees associated with these approvals. Do not use p.v.c. (polyvinyl chloride)lines above grade for any purpose. b. Plumbing fixtures (1) Water closet, American Standard Madera floor outlet or Afwall wall-mounted, ADA fixture. Seat, Church #9500 white or Sperzel #50E fireproof plastic for elongated bowl. Seats to have stainless steel hinges. (2) Lavatories, American Standard 20 inch x 18 inch 0355.12 Lucem. Faucet to be Delta #500 with perforated grid drain. Faucet to have lever ADA handle. P trap shall be 1 1/2 inch x 1 1/4 inch 17 gauge polished C/P brass(not satin chrome), insulated for ADA. Provide C/P Speedway Mfgr#CR-1912A polish stops and smooth 3/8 inch supply tubing (No corrugated flexible supply tubing will be accepted). (3) Water Heater. Shall have A.S.M.E. approved temperature and pressure relief valve with full size discharge piping to drain or exterior. Heater shall have hand hold cleanout and shall have insulated cover, and seismic restraints. 3. Fire Protection a. Design, fabricate, install and secure all necessary approvals for a remodel of the existing fire protection automatic sprinkler system acceptable to the Fire Rating Bureau having jurisdiction. Provide shop drawings, calculations and stamped approval of Fire Marshal. prior to installation. Pay all fees related to these approvals, F:1887 Howe Road1887 Exhibit C Srec.doc G. ELECTRICAL 1, Design a. Provide drawings for County and all other governing jurisdictions for review and approval. Design and installation to include electrical system connected to the existing system equipment. Electrical drawing to include circuiting, panel schedule wiring diagrams and calculations as required. Pay all fees related to these approvals. b. Lighting standards shall meet requirements of CAC Title 24, Chapter 2, Subchapter 4 "Energy Conservation", Div. 9, Lighting. C. Interior fixture at restroom shall be I ft. x 4 ft. surface fixture with T-8 lamps and electronic ballast. High bay lighting shall be fluorescent I ft. x 8 ft. with T-8 lamps and electronic ballast. Light fixtures in I.V. Storage shall be 2 ft. x 4 ft. recessed with T-8 lamps and electronic ballast. d. Switches. Any switch that controls a remote area or appliance shall have indicator lamp in switch. All new switches shall be rated for 20 amps. e. Emergency light shall be Dual-Lite EZ-2 or battery operated Exide Lightguard No.QI002HI212. Emergency light shall provide coverage throughout space and,restroom. Night lights and exit lights as required by local Fire Marshal. f. All electrical exit lights shall be LED type. 2. General a. All wiring shall be copper. All bus bars in Panels shall be copper. b. Electrical convenience outlets shall be 20 amp type and arranged in balanced circuitry, cl All MT connectors shall be compression type, (No set screw type acceptable) d. Index all panels with either typed index or phenolic label indicating location and/or function. e. No outlets shall be installed back to back in stud walls, including electrical,telephone or data. H. COMMUNICATIONS 1. Lessor provided components: a. Provide telephone/data system outlet boxes, conduit, and plywood backboard at location shown on drawings. b. Provide3/4inch minimum conduit from four square wall outlet boxes to 4 inches above the suspended ceiling to roof structure. C. Provide telephone conduit and cabling from main telephone service point to Telephone/Data backboard. 1 County provided components; a. County Telecommunication to furnish and install voice and data jacks, faceplates, and cabling for installation. - 6- FA887 Howe Road1887 Exhibit C Spec,doc b. County Telecommunications to furnish and install punchdown blocks, brackets, and blueboards for connection to County owned equipment or to Pacific Bell equipment. County Telecommunications to do mechanical terminations and testing of completed system. I. FIRE/SMOKE ALARM & SIGNAL SYSTEM 1. The Lessor shall furnish all equipment, accessories and materials unless otherwise noted. The system shall be installed and wired in accordance with the manufacturer instructions and recommendations. 2. Provide shop drawings for approval by local Fire Marshal and obtain stamped approved drawings prior to installation. Pay all fees related to these approvals. The work includes additions to and modification of the location of existing alarm conduits, components and wiring and to maintain a complete, operating system. J. SECURITY SYSTEM 1. Lessor to provide empty 3/4 inch conduit and four square box adjacent to front entry for County installed alarm system. Conduit to run to roof structure. 2. County to install alarm system including detection devices, cabling, keypad, and signaling equipment. LDR.cm - 7 - FA887 Howe Road1887 Exhibit C Spmdoc