HomeMy WebLinkAboutMINUTES - 08152000 - C173-C177 Tri: BOARDOF SUPERVISORSt. ►
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FROM. Barton J. Gilbert, Director.rof{general Services Contra
C os a
DATE: August 15, 2000 County
SUBACT: &,NEW LEASE - 2$50 STANWELL DRIVE, SUITE 260, CONCORD BLDG. NO. 596
SPECIFICREQUESTS OR RECOMMENDATION(g)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease, commencing September 1, 2000, with D.E.I. #TWO, LLC for 2450 Stanwell Drive,
Suite 260, Concord, for occupancy by the Community 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 not subject to the California Environmental Quality Act pursuant to
Article 5, Section 1506'1(b) (3) of the CEQA guidelines.
DIRECT the Director of Community Development Department to FILE a Notice of Exemption with the
County Clerk.
DIRECT the Director of General Services to arrange for the payment of appropriate fees to the County
Clerk and the Community Development Department for filing the Notice of Exemption.
11. FINANCIAL IMPACT
Payments required are to come from the budget of the Community Services Department.
Ill. REASONS FOR RECOMMENDATIONIBACKGROUND
Provide office space as required by the Human Resources Division of the Community Services
Department.
BOMFINW&P•.N ATTACHMENT:__YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATORRECOMMENDATION OF BOARD COMMITTEE
41 APPROVE OTHER
SIGNATURES: (14,e
ACTION OF BOAR O _i+yF _ APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
Count the o and Iia U via UM AND CORRECT COPY OF AN ACTION TAKEN
Y ( ) AND ENTERED ON THE MINUTES OF THE BOARD
Lessor(Via UM) OF SUPERVISORS 90P THE DATE SHOWN.
Community Services Dept.(vial LtM)
Orig: General Services Department-UM ATTESTED
PHIL HELOR,CLERK O HE BOARD OF
SUPER SOBS AND COUNTY ADMINISTRATOR
BY DEPUTY
G 17S
GENERAL SERVICES DEPARTMENT d�`:✓S=c
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: August 1, 2000
TO: Phq Batchelor, County Administrator
FROM: �. ert, Director of General Services
SUBJECT: Agenda: Lease®2450 Stanwell Drive, Suite 260, Concord Bldg. No. 596
( 08-15-00)
A new Lease has been negotiated as follows:
OCCUPANT: Community Services Human Resources Division
RENT: $853.50
TERM: 1 year COMMENCING: September 1, 2000
OPTION: One 1-year, same rate CANCELLATION: None
SQUARE FEET: 569 SPACE TYPE: Office
COUNTY RESPONSIBILITY: Interior maintenance
ADDRESS: 2450 Stanwell Drive, Suite 260, Concord
LESSOR: D.E.I. #TWO, LLC
NOTICE: Government Code Section 25351 waived by the City of Concord. on 7-28-00.
CEQA CP#: 00-69
BJG:CGB
Ag Itm 2450 Stan Ste 260.doc
cc: DEI#TWO LLC
General Services Department
Kathy Brown
Carol Chan
Terry Mann
Risk Management
LEASE
TABLE OF CONTENTS
2450 Stanwell Drive,Suite 260
Concord, California
Community Services Department
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PAR.TIES. .......................................................................................................... I
A.2. LEASE OF PREMISES..................................................................................... I
A.3. TERM. ............................................................................................................... I
A.4. RENT .................................................................................................................
1
A.5. EXTENSION ..................................................................................................... l
A.6. USE OF PREMISES..........................................................................................2
A.7. UTILITIES.........................................................................................................2
A.8. MAINTENANCE AND REPAIRS ..................................................................2
A.9. NQTICES........................................................................................................... 3
A.10. EXHIBITS AND ATTACHMENTS................................................................. 3
A.11. WRITTEN_AGREEMENT..._ ............................................................................. 4
A.12. TIME IS OF THE ESSENCE............................................................................4
A.13. SIGNATURE BLOCK ......................................................................................4
SECTION B; STANDARD PROVISIONS
B.I. HOLDING OVER.. ............................................................................................ 5
B.2. HOLD HARMLESS .......................................................................................... 5
B.3. ALTERATIONS FIXTURES AND SIGNS.................................................... 5
13.4 DESTRUCTION................................................................................................6
B.5. QUIET ENJOYMENT. .....................................................................................6
B.6. DEFAULTS ........... ..........................................................................................6
B.7. SURRENDER OF PREMISES. ........................................................................ 7
B.8. SUCCESSORS AND ASSIGNS ....................................................................... 7
B.9. SEVERABILITY............................................................................................... 7
B.10. WASTE NUISANCE. ...................................................................................... 7
B.11. INSPECTION .................................................................................................... 7
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE...................................................................... 8
C.2. SERVICE BY LESSOR. ................................................................................... 8
EXHIBITS
EXHIBIT A. PREMISES
EXHIBIT B. JANITORIAL SPECIFICATIONS
LEASE
FOR
CONTRA COSTA COUNTY COMMUNITY SERVICES DEPARTMENT
245€1 S`I"ANWELL DRIVE, SUITE 260
CONCORD, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on August 15, 2000, D.E.I. #TWO, LLC, 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 OF PREMISES. LESSOR., for and in consideration of the rents, hereby
leases to COUNTY, and COUNTY leases from LESSOR those certain premises in 2450
Stanwell Drive, Concord, described as follows: Suite 260 containing approximately 569
square feet rentable square feet (hereinafter referred to as "Premises"), as shown outlined in
heavy black lines on Exhibit "A" which is attached hereto and made a part hereof.
COUNTY shall have nonexclusive use of the building common areas and of the building
parking lot.
A.3. TERM: The term of this Lease shall be for one year, commencing September 1,
2000 and ending August 31, 2001.
A.4. RENT: COUNTY shall pay to LESSOR. as rent for the use of the Premises a
monthly rental of EIGHT HUNDRED NIFTY THREE AND 50/100 DOLLARS ($853.50),
payable in advance on the tenth day of each month during the term of this Lease. Payments
shall be made payable to D.E.I. #TWO, LLC, and mailed to: 1425 River Park Drive, Suite
201, Sacramento, CA 95815.
A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon
the same terms and conditions, for a one year term commencing September 1, 2001 and
ending August 31, 2002 at the same rental rate.
It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior
written notice of its intention to exercise this option to extend this Lease. However, in the
event COUNTY does not give such written notice, its right to exercise the option before
- 1 -
termination of the Lease shall not expire until fifteen (15) working days after receipt of
LESSORS written demand to exercise or forfeit said option.
AA USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting various functions of COUNTY.
A.7. UTILITIES AND JANITORIAL SERVICE: LESSOR shall provide and pay for
all gas, electric, water, sewer, refuse collection and janitorial services as shown on exhibit
"B" which is attached hereto and made a part hereof.
AA MAINTENANCE AND 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 demised
Premises.
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. LESSOR shall repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair.
d. LESSOR 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, install, maintain and replace, at the direction of the
Fire Marshal, the necessary number of A-B-C fire extinguishers for the
Premises at no cost to COUNTY. COUNTY shall thereafter maintain, repair,
and replace the extinguishers.
9. COUNTY shall not suffer any waste on or to the demised Premises.
- 2 -
h. LESSOR shall be responsible for the correction of any code violations which
may exist in the Premises, provided LESSOR shall not be liable for correction
of code violations which arise out of and are directly related to a change in
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: Potter-Taylor & Company
1425 River Park Drive, Suite 201
Sacramento, CA 95815-4508
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.10. EXHIBITS AND ATTACHMENTS; Section B, Standard Provisions, Section C,
Special Provisions, and Exhibit A — Premises and Exhibit B -- Janitorial Specifications are
attached to this Lease and are made a part hereof:
- 3 -
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 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.
A.13. SIGNATURE BLOCK
OUNTY LESSOR
COUNTY OF CONTRA COSTA, a
political subdivision of the State of
California
'7
B --L� � Iffi
By -
Director of General Services AIV
IVA.9 1�5 0^(0e-Vz-
-7A
RECOMMENDED FOR APPROVAL: B
By
Director of kapital Facilities and
Debt Management
ByIA�77dV
W V V
Community Seices Department
By
Deputy GeneriMrvices Director
B
Lease Manager
APPROVED AS TO FORM:
VICTOR J. WESTMAN, County
Counsel
Blr�
4 -
LEASE
FOR
CONTRA COSTA COUNTY COMMUNITY SERVICES DEPARTMENT
2450 STANWELL DRIVE, SUITE 260
CONCORD, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term or extension of this Lease as
provided hereinabove shall be construed to be a tenancy from month to month., subject to
the terms of this Lease so far as applicable.
B.2. HOLD HARMLESS: 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 COUNTY, its officers or employees. COUNTY
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 held 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 acts, errors or
omissions of the LESSOR, its agents or employees.
B.3. ALTERATIONK FIXTURES, 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.
- 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 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 portion of the premises
unusable by COUNTY bears to the total area of the Premises.
b. If such repairs cannot be made in sixty (60) days, LESSOR may, at (his/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.
B.5. QUIET 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 COUNTY fully
performs hereunder,
BA DEFAULTS: In the event of COUNTY's material breach of any of the covenants or
conditions herein, LESSOR may re-enter 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. In the event of such a breach by LESSOR, COUNTY
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 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.
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, 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 excepted. COUNTY shall not be liable
for painting the interior of the demised Premises upon termination of this Lease.
8.8. SM ESSORS 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, 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.
8.11. 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 COMMUNITY SERVICES DEPARTMENT
2450 STANWELL DRIVE, SUITE 260
CONCORD, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.1. 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 without the prior written permission of LESSOR, which shall not be
unreasonably withheld.
C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR. shall provide
certain construction or remodeling or like services as requested in writing 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 prier
written 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.
, w
cil
�. " CDS ,
CJO-u �'
EXHIBIT B. JANITORIAL SERVICE SPECIFICATIONS
2450 Stanwell Drive, Suite 260, Concord
DAILY SERVICES
1. Clean all restrooms thoroughly each day, including, but not limited to, fixtures,
mirrors, hardware, wash basins, partitions, doors, and tile surfaces.
2. Disinfect all toilets, urinals, and wash basins, and mop floors daily. Clean and
disinfect drinking fountains.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty all trash containers throughout the premises and replace trash container liners
as necessary.
S. Vacuum or spot-vacuum carpets as necessary around entry, lobbies and heavy traffic
areas. Spot-clean carpets periodically.
6. Remove spots and finger marks from glass on entry doors, as needed.
7. Sweep uncarpeted floors daily and spot mop as needed.
8. Replace burned out tubes and light bulbs as necessary.
9. Empty outdoor cigarette urns.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. bust counter tops, cabinets, tables, low wall partitions, window sills, and telephones.
Remove cob webs as needed.
3. Dust building completely, including mini blinds.
4. Mop all vinyl floor areas weekly and strip, wax and buff when necessary.
ONCE YEARLY, IN APRIL
1. Wash windows and glass on both sides.
2. Clean all ventilation grills.
3. Wash and clean all light fixtures, inside and outside.
SUPPLIES AND EQUIPMENT
1. Paper supplies such as seat covers, towels, toilet tissue, sanitary napkins, soap for
dispensers and trash liners shall be purchased by Contractor. Lessor shall reimburse
Contractor for costs under this Section. All supplies are to be furnished by the case
and are to remain in the building.
2. Contractor shall furnish all equipment, tools and cleaning supplies such as carpet
cleaner, disinfectant, wax and other supplies or chemicals required.
MISCELLANEOUS
1. Security: Lock all doors and windows, turn off lights, set night lights and alarm
systems before leaving building.
2. Keep all sidewalks broom clean and landscaping free of debris within a 12-foot area
from the perimeter of the building.
(Deviation from the above could be grounds for termination of contract.)
Jan Spec—Lease l.doc
TO`:'- BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Contra
DATE: August 1, 2000 CostaCounty
SUBJECT: LEASE FOR PREMISES AT 3755 ALHAMBRA AVENUE, SUITE 9, MARTINEZ,
CALIFORNIA FOR EMPLOYMENT AND HUMAN SERVICES DEPARTMENT
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease commencing September 1, 2000 with Earl D. and Joanne Dunivan for the
premises at 3755 Alhambra Avenue, Suite 9, Martinez, for occupancy by the Employment and
Human Services Department-Children's Interview Center, under the terms and conditions more
particularly set forth in said Lease, and AUTHORIZE the Director of General Services to
EXECUTE said Agreement on behalf of the County; and
DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 27
Categorical Exemption and DIRECT the Director of Community Development to file a Notice of
Exemption with the County Clerk; and
DIRECT the Director of General Services to arrange for the payment of appropriate fees to the
County Clerk for filing of the Notice of Exemption and the Community Development Department
for handling and administrative fees.
11. FINANCIAL IMPACT
Occupancy costs are budgeted within the Employment and Human Services Department.
111. REASONS FOR RECOMMENDATION/ BACKGROUND
The Employment and Human Services Department-Children's Interview Center (CIC)-has been
located on the grounds of the Juvenile Hall complex on a interim basis. Children who are
possible victims of abuse are interviewed at the CIC. Due to the impending construction of the
new Juvenile Hall, CIC is required to relocate. The above identified premises was selected
because of its close proximity to the Contra Costa Regional Medical Center and accessibility via
Highway 4 from both East and West County. The lease is for a ten year term with an option to
extend for one additional five year term.
REE�C-OMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
__�rPROVE OTHER
(]�,r_.
SIGNATURES:
ACTION OF BOA N APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES'. NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
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
Lessor(via UM} AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
EHS(via UM)
Risk Management(via UM) ATTESTED ?
Orig:General Services Department-UM HIL BVICHELOR,CLERK OF THE BOARD OF
SUPE ISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
G:\LeaseMgt\CAROL\CICBoardOrder.doc
GENERAL SERVICES DEPARTMENT
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: August 1, 2000
TO: P ' %tchelo; County Administrator
FROM: B , Director of General Services
SUBJECT: Win: Lease Authorization-3755 Alhambra Ave. Suite 9, Martinez for
Employment and Human Services Department
A new lease has been negotiated as follows:
OCCUPANT: EHS-CHILDREN'S INTERVIEW CENTER.
RENT: ($1.00 per sq.ft. for first two years of lease.) $ 2,780.00 per month 9/1/00-
8/31/02; $2,890.00 per month 9/1/02-5/31/03;$3,005.00 per month 9/1/03-8/31/04;
$3,125.00 per month 9/1/04-9/31/05; rent increases for remaining term according to
formula specified in lease.
ADDITIONAL RENT: COUNTY pays a flat$500.00 per month for its pro-rata share of
common area expenses for 9/1/00-8/31/02; $520.00 per month 9/1/02-8/31/03; $540.00 per
month 0/1/03-8/31/04; $550.00 per month 9/1/04-8/31/05. Adjustment for remaining term
based on same formula as rent.
TERM: Commencing September 1, 2000 and ending August 31, 2010.
OPTION: One five year extension.
SQUARE FEET: 2,780 rentable sq.ft. Suite 9 is comprised of 2,380 sq.ft.
SPACE TYPE: Children's Interview Center. Interview of children who might be
victims of abuse. General office/counseling.
LESSOR RESPONSIBILITY: Roof and building exterior, structural integrity,building
common area,parking lot, landscaping, exterior maintenance.
COUNTY RESPONSIBILITY: Suite 9 interior maintenance, lacks &key systems,
Suite 9 plumbing, electrical, HVAC systems.
ADDRESS: 3755 Alhambra Ave., Suite 9, Martinez.
60 DAY NOTICE: 60 Day Notice sent to City of:Martinez June 8, 1999 and waived by City
on July 2, 1999. ✓f
G:\LeaseMgt\CAROL\cicagendaitem.dac f�
f
n
TO:
BOARD OF SUPERVISORS t✓�
FROM: Barton J. Gilbert, Director of General Services Contra
/,, ,-
Costa
DATE: August 15, 2000 County
SUBJECT: NEW LEASE - MUIR DRIVE FIRE STATION, BRENTWOOD
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease, commencing August 15, 2000, with the CITY OF BRENTWOOD, a
municipal corporation, for a fire station to be constructed on Muir Drive, Brentwood, for
occupancy by the East Diable Fire Protection District, 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 compliance with the California Environmental Quality Act (CEQA) for this
project was completed when the City of Brentwood adopted a Negative Declaration on April 18,
2000 for the construction of the fire station, and found that there was no substantial evidence
that the proposed project would have a significant effect on the environment.
Il. FINANCIAL. IMPACT
Payments required are to come from the budget of the East Diablo Fire Protection District.
Ill. REASONS FOR RECOMMENDATIONIBACKGROUND
Provide for fire station facilities for the City of Brentwood.
8SPffINWESSNATTACHMENT: ✓ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARD COMMITTEE
— PPROVE OTHER
SIGNATURES
ACTION OF BOAR O APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES: _
ASSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-71001)
CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN TAKEN
County Auditor-Controller(via UM) AND ENTERED ON THE MINUTESION OF THE BOARD
City of Brentwood(via UM) OF SUPERVISORS ON THE DATE SHOWN.
East Diablo Fire Protection District(via UM)
Ong: General Services Department-UM ATTESTED
IL 5 CHIELOR,CLER F THE BOARD OF
SI IPF07
SORS AND COUNTY ADMINISTRATOR
BY DEPUTY
e',
GENERAL SERVICES DEPARTMENT 0� �
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: August 2, 2000
TO: ;PhZ* Bhelor, County Administrator
FROM: ertDirector of General Services
SUBJECTS Agenda: Lease—Muir Drive Fire Station, Brentwood WLP427
(08-15-00)
A new Lease has been negotiated as follows:
OCCUPANT: East Diablo Fire Protection District
RENT: $1 per year
TERM: 20 years COMMENCING: August 15, 2000
OPTION: Two 10-year periods CANCELLATION: At District's option
SQUARE FEET: 5,901 SPACE TYPE: Fire Station
COUNTY RESPONSIBILITY: District does maintenance
ADDRESS: Muir Road, Brentwood (portion ofAPN 019-340-038)
NOTICE: N/A
CERA covered by Negative Declaration adopted by City of Brentwood on 4-18-00.
BJG:CGB
Fire Sta Ag Info Sht.doc
cc: Theresa Wooten,City of Brentwood
General Services Department
Kathy Brown
Carol Chan
Terry Mann
Risk Management
ss�
TABLE OF CONTENTS
MUIR DRIVE FIRE STATION, BRENTWOOD
tion
1. Term. .................................................................................. 1
2. Rentals................................................................................. 2
3. Possession............................................................................. 3
4. Construction Work................................................................... 3
5. Use...................................................................................... 4
6. Lease Year............................................................................. 4
7. Termination............................................................................ 5
8. Force Majeure......................................................................... 5
9. Payments at the Landlord's Discretion............................................. 5
10. Taxes, Insurance Premiums, and Maintenance Expenses........................ 5
11. Roof and Walls........................................................................ 8
12. Past Due Rent and Additional Sums................................................ 8
13. Unique Considerations................................................................ 8
14. The Tenant's Covenants........................................................1...... 9
15. Removal of Tenant's Property....................................................... 12
16. Quiet Possession....................................................................... 13
17. Landlord's Repairs..................................................................... 13
18. Hazardous Materials Compliance................................................... 14
19. Estoppel Certificate................................................................... 16
20. Attornment............................................................................. 16
21. Subordination.......................................................................... 16
22. Casualty................................................................................ 16
23. Defaults................................................................................. 18
24. Notices.................................................................................. 18
25. Successors and Assigns............................................................... 19
26. Waiver.................................................................................. 19
27. Short Form of Lease.................................................................. 19
28. Holding Over.......................................................................... 20
29. Signage................................................................................. 20
30. Entire Agreement..................................................................... 20
31. Construction of Agreement......................................................... 20
32. Broker's Commissions............................................................... 21
33. Parking and Janitorial................................................................ 21
34. Covenant Against Liens............................................................. 21
35. Attorneys Fees........................................................................ 21
36. Authority of Parties.................................................................. 21
37. Severability........................................................................... 22
SignatureBlock........................................................................... 22
MUIR DRIVE FIRE STATION
THIS LEASE is made as of this December 5, 2000 ("Effective Date") by and
between CITY OF BRENTWOOD, a municipal corporation, ("Landlord"), and
EAST DIABLO FIRE PROTECTION DISTRICT, a fire protection district formed
pursuant to and established under the laws of the State of California, ("Tenant").
WITNESSETH:
The purpose of this Lease is to provide a Fire Station to serve the residents of
the City of Brentwood. The Landlord is the owner of an approximate 1.05 acre parcel
(APN 019-340-03.8) located on John Muir Parkway, Brentwood, California. Both
parties agree that Landlord will utilize .84 acre of the total parcel (the "Property") for
the construction of a 6,840 square foot Fire Station building ("Building"). Landlord
shall retain the remaining .21 acre for road right of way purposes. It is the desire of the
Tenant to utilize a portion of the Building, consisting of approximately 5,901 sq. ft.
(the "Demised Premises"), to operate a Fire Station, as more particularly designated
and outlined on a plat labeled Exhibit "A", attached hereto and made a part hereof,
together with non-exclusive use of the parking lot adjacent to the Building, also
described in Exhibit "A". Landlord will retain the remaining 939 square feet of the
Building and a portion of the parking area for use for public safety, city or other civic
services. It is the purpose and intent of this Lease (the "Lease") to establish and
identify the terms of the Tenant's tenancy as well as the various rights, duties,
obligations and responsibilities of each party with regard to the Premises.
Tenant acknowledges that said tenancy is subject to and subordinate to the
conditions of approval as stated in Exhibit "B", City Planning Commission Resolution
00-25, which is incorporated herein by reference as though fully set forth.
1. Term
(a)The Term of this Lease shall be a period of twenty(20) years commencing
on the execution of this Lease by both parties and ending on the last day of the month
immediately preceding the twenty(20th) anniversary of the Effective Date of this
agreement, subject to Tenant's exercise of its option(s) as provided below.
(b) Provided Tenant is not in default beyond any applicable cure period at the
time Tenant delivers an Option Notice (as defined below), and as of the
commencement of the respective option period, Tenant shall have two (2) options to
renew this Lease for a term of ten (10) years each option, upon all the terms, covenants
and conditions set forth herein (Extended Term"). The right to exercise such options
shall be conditioned upon Tenant's giving Landlord written notice of its election to
renew ("Option Notice") not less than six (6) months nor more than twelve (12) months
prior to the expiration of the initial Lease Term. However, in the event Tenant does
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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 Landlord's written
demand to exercise or forfeit said option. After the exercise of an option, all references
to Term of this Lease shall be deemed to mean the Term as extended pursuant to this
Paragraph.
Notwithstanding any other term of this Lease, Tenant shall have the right to
terminate this Lease by providing notice to Landlord at least 180 days prior to
termination. Landlord and Tenant agree to review this Lease every five years for any
amendments to this Lease mutually acceptable to both parties.
2. Rentals.
Tenant covenants and agrees to pay Rent as described below, without offset or
deduction, except as expressly authorized elsewhere in this Lease, to the Landlord, its
successors, and assigns $1.00 per year for a total of $20.00, all payable in advance
within thirty(30) days of the Effective date.
(a) The term Floor Areas as used throughout this Lease shall be deemed
to mean and include all areas for the exclusive use and occupancy by the
Tenant and shall include, but not limited to, warehousing or storage areas,
clerical or office areas and employees areas within the Tenant's Premises,
except the parties agree to share bathrooms facilities and Tenant shall provide
electricity, gas, and access to the area of the Building retained by Landlord but
Landlord shall pay a pro-rata share (939sf/6,844sf = 14%) of monthly
electricity and gas bills. Landlord shall pay its pro-rata share annually upon
receipt from Tenant of an invoice and copies of all utility bills. Tenant will
attempt to send to Landlord an invoice for utilities within 60 days after the end
of Tenant's fiscal year, which is July through June.
(b) Annual Base Rent for the First and Second Ten Year Option Periods
shall also be One Dollar ($1.00) per year, and assigns $1.00 per year for a total
of $10.00 per option period, all payable in advance within thirty (30) days of
the commencement of each option period.
(c) Any and all payments of Rent and all taxes, fees, charges, costs,
expenses including expenses and administrative charges, utilities, insurance
obligations, late charges, interest, assessments, and all other payments,
disbursements or reimbursements which are attributable to, that are the
responsibility of Tenant under the Lease shall constitute "Ment" for purposes of
this Lease. Any Rent payable to Landlord by Tenant shall be prorated based on
a three hundred sixty-five (365) day year. Any and all Rent payments shall
commence when Tenant is in possession and control of an operable and fully
functional Fire Station.
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3. Possession
Possession of the Demised Premises will be given to Tenant upon completion
of the Demised Premises as outlined in Paragraph 4 below. Landlord shall give at least
thirty (30) days notice of projected date of possession. Tenant shall accept by written
notice to the Landlord, the Demised Premises upon satisfactory completion of the
Demised Premises as determined by Tenant and as certified by project's architect. No
later than 30 days following receipt of such notice, Landlord shall convey possession
to the Tenant. Tenant's acceptance of the Demised Premises shall be evidenced by
execution of the attached Acceptance of the Premises attached hereto as Exhibit "C"
and incorporated herein by reference. Tenant may take possession of the Demised
Premises, at its option, prior to Landlord's completion of minor "punchlist items."
Minor punchlist items shall be defined as items which in total do not exceed Five
Thousand Dollars ($5,000.00) in cost, and which do not interfere with Tenant's ability
to use the Demised Premises. Notwithstanding the foregoing, Landlord shall complete
such minor punchlist items no later than ninety (90) days after Tenant's acceptance of
possession.
4. Construction Work
Landlord has submitted to Tenant a full set of plans and specifications ("Plans")
depicting the construction of the Demised Premises. The full set of Plans, drawn by
architects Loving & Campos, dated August 1, 2000, consisting of approximately 40_
sheets, will be available at the offices of Landlord and Tenant upon commencement of
construction.
Landlord shall ensure that the construction of the Demised Premises shall be
in substantial accordance with the Plans and using the same level of construction
standards for other Fire Stations constructed in Contra Costa County, a basic floor plan
of which is attached hereto as Exhibit "A", (approximately 5901 square feet). The
Plans for the Demised Premises shall be subject to review and approval by Tenant prior
to commencement by Landlord of any construction activities for the Demised
Premises. The parties may mutually agree in writing, prior to commencement of
construction, to modify the actual floor plan as shown on Exhibit A but the Demised
Premises shall remain substantially the same size (5901 square feet) and shall have the
sarne general specifications as set forth in the Plans and in this section. Landlord
warrants that the Plans for the Demised Premises meet current applicable statutory and
local requirements for Fire Stations and that Landlord shall construct, and equip the
Demised Premises in accordance therewith.
Matters affecting the construction of the Demised Premises or changes to the
Demised Premises shall not be approved by the Landlord without the prior written
approval of the Tenant. Landlord shall commence construction of the Demised
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Premises by February l,_ 2001 and Landlord will complete construction within 12
months in accordance with the Plans to a level of completion which allows the
Demised Premises to be fully operable and functional for its intended purpose, without
requiring further construction.
Prior to taking possession of the Demised Premises, Tenant shall have a right of
entry upon the premises and may make inspections from time to time as deemed
necessary by the Tenant.
Landlord warrants to Tenant that as of the date Tenant takes possession of the
Demised Premises, the fire suppression system (as installed) and any other systems
installed by Landlord or otherwise existing at the Demised Premises, shall be in good
operating condition, and the Demised Premises and all of the construction and
installation of equipment, fixtures, etc. as set forth in this section shall have been
constructed in compliance with the Plans approved by Tenant and in a workmanlike
manner free of defects as to materials, workmanship and/or design. If a noncompliance
with said warranty exists at anytime during the Term of this Lease, Landlord shall
repair same at Landlord's expense following the procedures set forth in paragraph 17.
At expiration or termination of this Lease, Tenant agrees to remove at Tenant's
expense, Tenant's fixtures and those interior and other improvements made by Tenant
which Landlord designates in writing not less than thirty (30) days prior to such
expiration that Tenant shall be required to remove, and shall otherwise return the
Demised Premises to Landlord in good condition, ordinary wear and tear, damage by
casualty, condemnation act of god and/or failure to make repairs by Landlord excepted.
Notwithstanding any provision of this Lease to the contrary, in no event shall
Tenant be required to remove any improvements and/or alterations which are
incorporated into the building structure and/or enclosed in any exterior or interior wall
of the Demised Premises.
5. Use
Tenant may use the Demised Premises as a fire station and related uses, such as
paramedic services, that are not in conflict with its approved conditional use permit, as
described in Exhibit "B" (Planning Commission Resolution 00-25), and any applicable
zoning ordinance. During the Term of this Lease and any extension thereof, Tenant
shall have the exclusive right to operate a fire station and related purposes and shall not
use or permit the Demised Premises to be used for any other purpose without the prior
written consent of the Landlord and applicable compliance with City of Brentwood
regulations.
b. Lease Year
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The term "Lease Year" as used herein shall mean a period of twelve (12)
consecutive full calendar months. The first (1st) Lease Year shall begin on the
Effective Date if the commencement of the Term thereof shall occur on the first (1st)
day of a calendar month; if not, then the first (1st) Lease Year shall commence upon
the first (1st) day of the calendar month next following the commencement of the Term
hereof.
7. Termination
This Lease shall terminate on the day immediately preceding twenty (20th)
anniversary of the Effective Date or no later than January 1, 2021, unless Tenant
notifies Landlord.of its intent to exercise its option(s) to renew as provided in
Paragraph l(b) above in which event this Lease shall terminate on the day preceding the
thirtieth(30th)or fortieth (40`") anniversary of the Effective Date as the case may be.
8. Force Majeure
Anything in this Lease to the contrary notwithstanding, providing such cause is
not due to the willful act or neglect of the party charged, that parry shall not be deemed
in default with respect to the performance of any of the terms, covenants and
conditions of this Lease other than the payment of Rent if same be due to any strike,
lockout, civil commotion, warlike operation, invasion, rebellion, hostilities, military or
usurped power, sabotage, governmental regulations or controls, through act of god or
other cause beyond the control of the said party. If, however, Tenant is unable to carry
on its operation due to such occurrence of force majeure, Tenant's obligations under
this Lease (other than the payment of Rent) will abate until the condition of the
Demised Premises is corrected to allow the contemplated use of Tenant. Should the
abatement continue for a period of sixty (60) days, and provided Tenant is not in
default of this Lease beyond any applicable cure period, Landlord or Tenant shall have
the right to terminate this Lease on written notice to Landlord or Tenant hereunder.
9. Payments at the Landlord's Direction
All Rent payable and all statements deliverable by the Tenant to the Landlord
under this Lease shall be paid and delivered to the Landlord at the place designated by
the Landlord for notices under this Lease, or any place it so designates in writing in the
future.
10. Taxes, Insurance Premiums, and Maintenance Expenses
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(a) Tenant shall pay all taxes, assessments, license fees, insurance, janitorial
services, and other charges that are levied and assessed on Tenant's personal property,
alterations and fixtures.
(b) Tenant shall pay to Landlord as additional rent, that portion of such Real
Property Taxes attributable to the Property. A tax bill submitted by Landlord to Tenant
should be sufficient evidence of the amount of taxes assessed or levied against the
parcel or real property to which such bill relates. During the first and last year of
occupancy the Peal Property taxes shall be prorated based on the number of full
months the Tenant has possession of the Demised Premises.
The term "Meal Property Taxes" shall mean and include all taxes, assessments
and other governmental charges, general and special, including, without limitation,
assessments for public improvements or benefits, which shall, during the Term, be
assessed, levied, and imposed by any governmental authority upon the land that
comprises the Property.
(c) Tenant shall pay annually all insurance premiums for extended coverage
fire and casualty insurance (either Basic Form, Broad Form or Special Form Causes of
Loss) covering its contents in the interior of the Demised Premises. If tenant is self
insured, the Landlord shall receive from Tenant annual proof of self-insurance and to
determine the sufficiency of such insurance. If determined to be insufficient by
Landlord, Landlord retains the right to obtain insurance and charge Tenant the cost of
such insurance plus appropriate administrative costs of obtaining such insurance.
(d) Tenant shall pay for all utilities consumed by it, including costs to heat and
cool the Landlord's retained space, at the Building. Landlord will provide service and
meters for utilities supplied to the Building at its sole cost and expense. Landlord shall
pay its pro rata share (939sf/6,840sf= 14%) of electricity and gas usage based on its
retained square footage of the Building.
(e) Tenant represents and warrants that it shall operate and maintain the fire
station in the same or similar fashion as is reasonable and customary for the operation
of a fire station in the Eastern Contra Costa County, California area. With respect to
Landlord's ability to alter the common areas, Landlord covenants not to make any
changes, additions, or alterations to the common areas which materially affect the
Demised Premises, Tenant's operation, access to the Demised Premises, visibility of
the Demised Premises, the proximity of and convenient access between the delivery
facilities and the Demised Premises, without first obtaining Tenant's written consent,
which consent may be withheld if any such changes, alterations or additions materially
affect Tenant's operation, otherwise such consent shall not be unreasonably withheld or
delayed.
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(f) Notwithstanding any provision of this Lease to the contrary, Landlord and
Tenant acknowledge and agree that the following items shall be Tenant's
responsibility:
(i) All fees and costs associated with a merchant's association or any
similar association it chooses to join,
(ii) Repairs or other work occasioned by fire, windstorm or other
casualty covered by Tenant's insurance or if the exercise of eminent domain or any
expenditures for which Landlord is entitled to reimbursement from any source
including without limitation insurance and condemnation proceeds;
(iii) Renovating or otherwise improving or decorating, painting or
redecorating interior space for Tenant;
(iv) Costs, fines or penalties incurred due to violation by Tenant of the
terms and conditions of any lease, laws or regulations, if any,
(v) All items and services for which Tenant reimburses Landlord or
pays third parties;
(g) Repairs and Maintenance
Tenant shall operate, maintain, repair, and keep the interior of the Demised
Premise, together with all plumbing, heating, interior doors, air conditioning and
heating ("HVAC"), and concrete pads and driveways and other mechanical
installations therein, in good order and condition, and make necessary repairs,
replacements, alterations and additions thereto whether or not required by Tenant's
particular use.
Tenant shall provide landscape maintenance to the Property.
Subject to the Landlord's obligations under Paragraph 17 and the provisions of
Paragraphs 23, the Demised Premises, together with all items referred to herein, shall
be surrendered by Tenant at the expiration of the Term hereof, and any extension or
renewal thereof, in the good condition, reasonable wear and tear, damage by casualty,
condemnation, act of god and/or failure to make repairs by Landlord.
(h) Tenant's Service Obligations
Tenant agrees to provide, as reasonably necessary, (a) sweeping and upkeep for
the concrete areas, driveway, sidewalks, and related hard surfaced areas, except those
areas retained by Landlord for exclusive use by City; (b) trash and garbage service, (c)
adequate parking lot lighting, (d) pay for the maintenance of the landscaping, and (e)
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keeping the parking area clear of debris or abandoned vehicles. The costs incurred by
Landlord to perform the above services shall be included in the Rent charges if Tenant
fails to pay for these services.
(i) Landlord's Repairs and Maintenance
Landlord shall maintain, repair, and keep the roof and exterior of the building in
good order and condition, and shall maintain the structural integrity of the building.
Landlord shall maintain the area of the parking lot retained by Landlord for exclusive
use by City.
11. Roof and Walls
Landlord shall have the exclusive right to use all or any part of the roof of the
Demised Premises for any purpose, to erect additional structures on or over all or any
part of the Demised Premises, to remodel, expand, contract or otherwise alter or
change any portion or portions of the Demised Premises and to erect scaffolding in
connection with the construction on the exterior of the Demised Premises and/or
Property, provided that such activities shall not materially interfere with Tenant's use,
access, ingress and egress.
Tenant shall have the right to place antennas and equipment as necessary for
communications purposes and/or television reception subject to Landlord's approval of
height, visibility, and placement and shall provide access to permit the repair of MVAC
equipment.
12. Past Due Rent and Additional Sums
If the Tenant shall fail to pay within ten (10) business days of the due date
thereof, any Rent, additional Rent or any other amounts or charges, such unpaid
amount shall accrue a late charge in the amount of ten percent (10%) of the unpaid
amount, and shall in addition thereto bear interest from the eleventh (11 th) business
day following the due date until the date of payment at the rate of twelve percent (12%)
per annum, which equals one (1) percent per month. In no event, however, shall
Tenant be responsible for any Rent, additional Rent or other amounts or charges as set
forth in Paragraph 10 above or otherwise in this Lease until Tenant is in possession and
control of the Fire Station following completion of construction.
13. Unique Considerations
While there is no intention to create a joint venture or partnership relation
between the public entities, both parties to this Lease acknowledge the unique
considerations that must be incorporated into this Lease in order for each entity to
reach each entity's goals and objectives. The Landlord and Tenant both seek to
4),
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provide increased fire protection for its citizens and yet provide Landlord with
minimum of continuing financial cost of fire protection to Landlord.
14. The Tenant's Covenants
The Tenant covenants and agrees as follows.
(a) Prompt Payment
Tenant will pay when due all Rent and other charges herein described including
all janitorial services, water and sewer charges, gas, electricity and other utility bills
attributable to the.Demised Premises as the same shall become due. If the Landlord
shall pay any money or incur any expenses in correction of violations of the Tenant's
covenants herein set forth, the amounts so paid or incurred shall, at the Landlord's
option, bear interest at the rate set forth in Paragraph 12 hereof. Charges for the
foregoing shall commence when Tenant is in possession and control of an operating
Fire Station.
(b) No Disorderly or Unlawful Purpose
That it will not use or permit the Demised Premises or any part thereof, to be
used for any disorderly or unlawful purpose.
(c) No Assignments or Subletting
That it will not transfer or assign this Lease nor let or sublet the whole or any
part of the Demised Premises without the written consent of Landlord. Landlord may
terminate this Lease and repossess the Demised Premises by written notice to Tenant
within thirty(30) days of notice of such proposed assignment or sublease. In the event
of such termination, Landlord and Tenant shall be released of all obligations under this
Lease. Consent by Landlord to any assignment or subletting shall not constitute a
waiver of the necessity for such consent to any subsequent assignment or subletting.
Except for an assignment of sublease in accordance with this Paragraph, Tenant shall at
all times remain liable for the payment of Rent herein and for compliance with all of its
other obligations under this Lease.
(d)No Refuse
That it will not permit refuse to accumulate on the Property, but will remove
same and will keep such refuse in proper appropriate containers as provided by
Landlord until so removed and it will keep the sidewalks and asphalt and concrete
areas contiguous to the Demised Premises free of rubbish, refuse, empty boxes, and the
like and insects, rodents, vermin and other pests, including spraying if necessary. If
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Tenant's operation or uses any chemicals that are classified as hazardous or toxic,
Tenant shall immediately comply with all regulations governing their use and disposal.
(e) Personal Property Insurance/Indemnity by Tenant/Public Liability
Insurance/Fire Insurance/Insurance Certificates
That all personal property, improvements, and betterment of Tenant in the
Demised Premises, shall be and remain at its sole risk, and Landlord shall not be liable
for any damage to or loss of such personal property arising from or out of the
occupancy or use by Tenant of the Demised Premises, or any part thereof or any other
part of Landlord's property comprising the Property, from vandalism or theft, or from
bursting, leaking, pr overflowing of water, sewer, sprinklers, or steam pipes, or from
the heating or plumbing fixtures, except as due to Landlord's negligence and/or willful
misconduct or that of its agents, employees, contractors, invitees or licensees.
Except in the case of its own negligence and/or willful misconduct or that of its
agents, employees contractors, invitees or licensees, Landlord shall not be liable for
any injury or loss of life to the person of Tenant or other persons in the Demised
Premises and, except in the case of Landlord's negligence or that of its agents,
employees, contractors, invitees or licensees, Tenant shall protect, defend and
indemnify and save Landlord, his agents and employees harmless from any and all
liability, damage, expense, cause of action, sults, loss, costs, penalties, attorneys fees,
claims or judgments arising from injury to the person of Tenant or other persons, in the
Demised Premises or to personal property in the Demised Premises. The Tenant's
indemnity obligation and duty to defend the Landlord contained in this subsection shall
survive the expiration or other termination of this Lease.
Except in the case of Tenant's own negligence and/or willful misconduct or that
of its agents, employees, contractors, invitees or licensees, Landlord shall protect,
defend and indemnify, and save Tenant, his agents and employees harmless from any
and all liability, damage, expense, cause of action, suits, loss, costs, penalties, attorneys
fees, claims or judgments arising from any injury or loss of life to the person of Tenant
or other persons or damage to property caused by Landlord's negligence and/or willful
misconduct or that of its agents, employees, contractors, invites or licensees.
Landlord shall maintain Special Form Causes of Loss insurance which includes
fire insurance and extended coverage insuring the Demised Premises.
Notwithstanding any other provision of this Lease, Tenant, at its own expense, shall
carry insurance with extended coverage, on its Demised Premises, improvements or
fixtures, equipment, stock, and furnishings. Tenant further shall not do or suffer to be
done, or keep or suffer to be kept, anything, in the Demised Premises which will
contravene Landlord's policies insuring against loss or damage by fire or other hazards.
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The parties recognize that Tenant is self-insured and has established reserves
for public liability and property damage exposure in accordance with generally
accepted principals of self-insurance, to cover the losses which would otherwise be
covered by commercial policies. Tenant shall annually furnish Landlord with a letter
of self insurance or evidence of all insurance required in this provision of the Lease,
showing same to be in full force and effect, and naming Landlord as an additional
insured as to liability coverage. If Tenant shall not comply with its covenants to
maintain insurance as provided herein, Landlord may, at its option, cause such
insurance to be issued and, in such event, Tenant agrees to pay the premiums for such
insurance promptly upon Landlord's demand therefor.
(f) Compliance with Laws, Indemnity
That it will, at its own expense, promptly comply with all lawful statutes,
ordinances, rules, orders, regulations, and requirements of the federal, state, county or
municipal government now in force or hereafter enacted insofar as the conduct of its
operation in the Demised Premises shall pertain to the same. Landlord shall bear sole
responsibility for all other compliance measures affecting the exterior of the Demised
Persists and any other compliance measures not related to Tenant's use and/or
occupancy of the Demised Premises or Tenant's responsibilities under this Lease.
Landlord and Tenant hereby agree to indemnify, defend and hold the other
party harmless from and against any and all claims, judgments, damages, penalties,
fines costs, liabilities, losses or expenses (including reasonable attorneys' fees) which
arise during the Term of this Lease as a result of either party's failure to perform its
obligations under this subparagraph(f).
(g) Inspections by Landlord
That it will make all interior repairs, replacements, and decorations at Tenant's
own cost, and that Tenant will permit Landlord, or its agent, upon reasonable written
notice and accompanied by the a representative of Tenant of the Demised Premises, to
enter the Demised Premises at all reasonable times during the Term of this Lease for
the purpose of inspecting same or do repairs, replacement or maintenance.
(h) Compliance with Rules and Regulations
Tenant shall conduct its operation on the Demised Premises in all respects in a
manner customary for the operation of fire station and in accordance with high
standards of a fire station operation.
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(i) Vacation ofDernised Premises
That should it at any time remove from and vacate the Demised Premises, then
even though the Rent herein provided for is tendered, Landlord shall have the right and
privilege of terminating this Lease at no expense to Tenant and re-leasing the Demised
Premises to another tenant at the risk, cost, and expense of Landlord. Parties hereto
acknowledge that there is an express or implied covenant of continuous operation on
the part of Tenant, and Landlord acknowledges that there is a covenant of continuous
fire protection operation with respect to the Demised Premise arising hereunder. In the
event that Tenant elects, at its sole discretion, to cease its operations at the Demised
Premises for a period of one (1) month or more, or a period of thirty (30) days, or
temporary closings for remodeling, alterations or restoration work during the Term of
the Lease, such cessation shall not be deemed a Tenant Default, nor shall such
cessation relieve Tenant of any of its liabilities or obligations under and pursuant to the
Lease, provided that Landlord shall have the option thereafter, after each such one (1)
month period or thirty (30) days (if any) of nonoperation, of recapturing the Demised
Premises and terminating the Lease. If Landlord elects under such circumstances to
terminate this Lease and recapture the Demised Premises, Landlord shall provide
Tenant with thirty (30) days prior written notice of such election. Upon the effective
date of termination, the parties shall be relieved of and from any and all liability or
obligations accruing after the effective date of termination. During the thirty (30) day
period, however, Tenant] shall have the option of continuing the Lease (and negating
Landlord's said election to terminate this Lease) by notifying Landlord within such
period of Tenant's bona fide intent to resume its operations at the Demised Premises
not later than ten (10) days following Tenant's notice.
0) Exterior and Structural Changes
That it will not alter the exterior of the Demised Premises and will not make
any changes of a structural nature without first obtaining the Landlord's written
approval, such approval may be withheld in Landlord's sole discretion, and Tenant
agrees that any permanent improvements made by it shall immediately become the
property of the Landlord and shall remain upon the Demised Premises in the absence
of an agreement to the contrary.
(k) Waiver of Civil Code Section 1542
Tenant hereby waives its rights under Civil Code Section 1542 that provides as
follows:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement
with the debtor."
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15. Removal of t'enant's Property
Landlord agrees that although affixed to the Demised Premises, Tenant's
fixtures which include without limitation all machinery and equipment, used in the
operation of Tenant's operation, telephone, alarm systems, attached and unattached
furniture are placed on the Demised Premises by Tenant from time to time during the
Term of this Lease shall be the property of Tenant and at the expiration of termination
of this Lease may be removed from the Demised Premises by Tenant. Tenant agrees to
be responsible and perform repairs occasioned by the removal of Tenant's fixtures and
equipment from the Demised Premises in accordance with the provisions of this
Paragraph. Tenant shall repair and restore the Demised Premises to good condition,
reasonable wear and tear, and damage by casualty, condemnation, act of god and/or
failure of Landlord to make repairs excepted.
16. Quiet Possession
Landlord represents to and covenants with tenant that:
(a) There are no agreements or restrictive covenants to which Landlord is a
party or affecting the Demised Premises which in any way prohibit or restrict Tenant's
proposed use of the Demised Premises; and
(b) Landlord shall not enter into any covenants, easements or other agreements
after the date of this Lease which prohibit or restrict Tenant's proposed use of the
Demised Premises or otherwise change the terms of this Lease without Tenant prior
written consent which may be withheld in Tenant's sole discretion.
(c) Landlord shall warrant and defend Tenant in the quiet enjoyment and
possession of the Demised Premises during the Term.
17. Landlord's Repairs
Landlord covenants and agrees to make all necessary repairs and/or
replacements within thirty (30) days following written notice from Tenant during the
Term of this Lease and any extensions or renewals therefor at Landlord's sole cost and
expense to the structural elements and exterior surface of the Demised Premises
including, but not limited to, the roof, roof covering, and all necessary structural
repairs to the walls and foundation of the Demised Premises, except the Tenant shall be
responsible for the concrete slab for parking and driveway and related hard surfaced
areas. Furthermore, Landlord covenants and agrees to make all necessary repairs
and/or replacements within thirty (30) days following written notice from Tenant
concerning the exterior of building, except concrete slab for parking, driveway, and
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sidewalks to the Demised Premises, provided such repairs are not made necessary
through negligence or willful misconduct of Tenant.
In the event Landlord fails to make necessary repairs to the Demised Premises
within thirty (30) days following written notice or to commence such repairs and
diligently pursue them to completion in the case of repairs that cannot be completed
within said thirty (30) day period, Tenant shall be permitted to make such repairs and
bill Landlord for the reasonable costs of same. In the event of an emergency, Tenant
shall attempt to provide Landlord with prompt notice, but shall be permitted to make
necessary repairs and bill Landlord for the reasonable cost of it. In the event Landlord
fails to pay any bonafide bill, Tenant shall have the right to take appropriate legal
actions.
18. Hazardous Materials Compliance
Landlord represents and warrants that as of the date of this Lease, Landlord has
no knowledge, nor has reasonable cause to believe that a release (as hereinafter
defined) of Hazardous Materials (as hereinafter defined) has occurred in the Demised
Premises and/or the Property or that Hazardous Materials are otherwise present in the
Demised Premises and/or the Property. Landlord agrees to indemnify, defend and hold
Tenant harmless from any and all claims,judgments, penalties, fines, costs, liabilities,
losses or expenses (including but not limited to attorneys' and consultants' fees) which
may arise as a result of contamination and any remediation efforts relating to same
occurring prior to execution of the Lease.
Except as otherwise provided above, Landlord represents and warrants to the
best of its knowledge as of the date of this Lease that the Demised Premises are in
compliance with all federal, state and/or local statutes, regulations, rules and/or
ordinances, and with all orders, decrees or judgments of governmental authorities or
courts having jurisdiction, relating to the use, generation, manufacture, collection,
treatment, disposal, storage, control, removal or clean up of Hazardous Materials
("Environmental Laws"). To the extent any Hazardous Materials are present in, at,
on or about the Demised Premises and/or the Property through no fault of Tenant,
Landlord shall be responsible for removing or otherwise remediating such Hazardous
Materials as required by, and in full compliance with, all Environmental Laws at no
cost to Tenant.
In the event Tenant incurs any costs, fees, damages, losses, expenses, and/or
liabilities in connection with Hazardous Materials present or released in, at or about the
Demised Premises and/or the Property through no fault of Tenant or any of Tenant' s
agents, employees, contractors, invitees and licensees, Landlord shall pay such costs,
fees and/or expenses within forty five (45) days of a written request from Tenant.
Tenant shall not incur any fees or costs before notifying Landlord that it is likely to
incur such fees and costs unless Landlord takes corrective action. Furthermore,
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Landlord shall indemnify, protect, defend and hold Tenant harmless from and against
any and all costs, fees, damages, losses, expenses and/or liabilities of any kind or
nature in any way related to the existence, removal, transportation or disposal of any
Hazardous Materials in, at, on or about the Demised Premises and/or the Property
unless caused by Tenant.
If any action or proceeding were brought against Tenant by reason of such
claim, Landlord upon notice from Tenant shall defend the same at Landlord's expense
by counsel reasonably satisfactory to Tenant.
Neither Tenant, its successors or assigns, nor any permitted assignee, permitted
subleases or other person acting at the direction of Tenant shall (i) manufacture, treat,
use, store or dispose of any Hazardous Materials on the Demised Premises or any part
thereof in violation of any applicable Environmental Laws, or (it) permit the release of
a Hazardous Material on or from Demised Premises or any part thereof.
In the event of a release of Hazardous Material by Tenant or its subleasees or
assigns, Tenant shall indemnify, protect, defend and hold Landlord harmless from and
against any and all costs, fees, damages, losses, expenses and/or liabilities of any kind
or nature in any way related to the release, removal, transportation and/or disposal of
such Hazardous Materials. If any action or proceeding were brought against Landlord
by reason of such claim, Tenant upon notice from Landlord shall defend the same at
Tenant's expense by counsel reasonably satisfactory to Landlord. In the event
Landlord incurs any costs, fees, damages, losses, expenses, and/or liabilities in
connection with a release of Hazardous Materials by Tenant, Tenant shall pay such
costs, fees and/or expenses within forty five (45) days of written request from
Landlord. Landlord shall not incur any fees or costs before notifying Tenant that it is
likely to incur such fees and costs unless Tenant takes corrective action.
The term "Hazardous Material" shall mean any waste, substance, or material
(i) identified in Section 101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as the same may be amended from time to
time (herein called "CERCLA"), or (ii) determined to be hazardous, toxic, a pollutant
or contaminant, under federal, state, or local law, including, but not limited to,
petroleum and petroleum products. The term "release" shall have the meaning given to
such term in Section 101(22) of CERCLA. Notwithstanding any provision of this
Lease to the contrary, all exterior areas of the Demised Premises, including without
limitation, customer parking areas, walkways, ramps, exterior of the buildings and
ingress-to and egress from the Demised Premises shall be constructed and maintained
by Landlord at all times during the Term of this Lease and any renewal(s) in strict
compliance with the ADA requirements. Landlord shall indemnify, protect, defend
and hold Tenant harmless from any and all costs, fees, damages, losses, expenses
end/or liabilities of any kind or nature, in any way related to Landlord's obligations
under this Paragraph.
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19. Estoppel Certificate
Within fifteen (15) business days after receipt of request therefor by Landlord,
or in the event that upon any sale, assignment or hypothecation of the Demised
Premises and/or the land thereunder by Landlord an Estoppel Certificate shall be
required from Tenant, Tenant agrees to deliver a certificate to any proposed mortgagee
or purchaser, or to Landlord, certifying (if such be the case) that this Lease is in full
force and effect, that there are no defenses or offsets thereto, or stating those claimed
by Tenant and certifying such other matters directly related to this Lease which may be
reasonably requested by Landlord.
20. Attorrirnent
Tenant shall, in the event any proceedings are brought for the foreclosure of, or
in the event of exercise of the power of sale under any mortgage made by Landlord
covering the Demised Premises, attorn to the purchaser upon any such foreclosure or
sale and recognize such purchaser as Landlord under Lease provided such purchaser
expressly assumes all of the Landlord's obligations hereunder in writing.
21. Subordination
The rights of Tenant under this Lease shall be and are subject and subordinate
at all times to the lien of any institutional deed of trust or deeds of trust now or
hereafter in force against the Property of which the Demised Premises are a part or
upon any buildings hereafter placed upon the land of which Property is a part, and to
all advances made or hereafter to be made upon the security thereof, provided the note
holder and beneficiary secured by such deed of trust or deeds of trust shall agree to
recognize the Lease of Tenant in writing in the event of foreclosure if Tenant is not
then in default beyond any applicable cure period. Within fifteen (15) business days
after receipt of request therefor by Landlord, Tenant shall deliver to Landlord such
subordination agreement in a form acceptable to Tenant as may be required by any
lender or proposed lender to evidence such subordination.
22. Casualty
a. Notice of Destruction. If the building which contains the Demised Premises
should be damaged by fire, the elements, unavoidable accident or other casualty to the
extent that the Demised Premises are totally or partially inaccessible or unusable by
Tenant in the ordinary course of Tenant's operation, Tenant shall give immediate
written notice thereof to Landlord. Landlord shall thereafter, within forty-five (45) days
after receipt of written notice of such damage, notify Tenant of the amount of time
Landlord estimates it will take to repair such damage("Landlord's Estimate").
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b. Loss Covered by Insurance. If the loss to Landlord is fully (exclusive of
any deductible) covered by insurance maintained by Landlord or for Landlord's benefit,
which loss renders the Demised Premises totally or partially inaccessible or unusable
by Tenant in the ordinary conduct of Tenant' s operation, then:
(i) If in Landlord's Estimate is equal to or less than one hundred eighty
(180) days from the date of such casualty; (ii) such damage or destruction is not
the result of negligence or willful misconduct of Tenant; and (iii) Landlord is
not prevented by applicable Laws from rebuilding the building to its preexisting
condition, Landlord shall, at Landlord's expense, repair the same and this Lease
shall remain in full force and effect.
(ii) If Landlord's Estimate exceeds one hundred eighty (180) days, then
either party may terminate this Lease by written notice to the other.
c. Loss Not Covered by Insurance. If, at any time prior to the expiration or
termination of the Lease, the Demised Premises is totally or partially damaged or
destroyed from a risk, the loss to Landlord which is not fully (exclusive of any
deductible) covered by insurance maintained by Landlord or for Landlord's benefit,
Landlord may, at its option, upon written notice to Tenant within forty-five (45) days
after notice to Landlord of the occurrence of such damage or destruction, elect to repair
or restore such damage or destruction, or Landlord may elect to terminate this Lease.
If Landlord elects to repair or restore such damage or destruction, this Lease shall
continue in full force and effect provided that such repairs or restorations are
completed within one hundred eighty (180) days of the casualty. In the event such
repairs are not complete within one hundred eighty (180) days, Tenant shall have the
right to terminate.
d. Destruction near End of Term. Notwithstanding the foregoing, if the
Demised Premises is wholly or partially damaged or destroyed within the final six (6)
months of the end of the Term, Landlord or Tenant may, at its option, elect to terminate
this Lease.
e. Destruction of Improvements and Personal Property. In the event of any
damage to or destruction of the Demised Premises, under no circumstances shall
Landlord be required to repair, replace or compensate anyone for the personal property,
trade fixtures, alterations, machinery, equipment or furniture of Tenant and Tenant
shall repair and replace all such personal property at Tenant's sole cost and expense
provided such damage or destruction is not caused by Landlord's negligence and/or
willful misconduct or of its agents, employees, contractors, invitees or licensees.
Muir Drive Fire Station Lease
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23. Defaults
a. Event of Default by Tenant. Tenant's failure to comply with any material
term or provision of this Lease shall constitute an Event of Default under this
Agreement if such failure continues ninety (90) days after written notice of failure
from Landlord to Tenant specifying in reasonably sufficient detail the nature of said
breach. If the required cure of the noticed default cannot be completed within ninety
(90) days, Tenant's failure to perform shall constitute a default under the Lease unless
Tenant has attempted to cure the default within said ninety (90) 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 Tenant, Landlord may re-enter and
repossess the Premises and remove all persons and property therefrom after giving
Tenant written notice of such default and in accordance with due process of law.
b. Event of Default by Landlord. Landlord's failure to perform any of its
obligations under this Lease shall constitute a default by Landlord if the failure
continues for ninety (90) days after written notice of the failure from Tenant to
Landlord. If the required cure of the noticed default cannot be completed within ninety
(90) days, Landlord's failure to perform shall constitute a default under the Lease
unless Landlord has attempted to cure the default within said ninety (90) 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 Tenant and/or its invitees, Landlord shall use reasonable efforts to
immediately address the situation and shall use diligent efforts to correct the perilous
condition.
On the occurrence of an Event of Default by Landlord, Tenant may terminate
this Lease and quit the Premises without further cost or obligation or may proceed to
repair or correct the failure and invoice Landlord for the cost of repair, which invoice
Landlord shall pay promptly upon receipt.
24. Notices
All notices from Landlord to Tenant so required or permitted shall be in writing
and sent by registered or certified mail, postage prepaid and directed to Tenant as
follows:
East Diablo Fire Protection District
134 Oak Street
Brentwood, California 94513
Muir Drive Fire Station Lease
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Copy to: Contra Costa County General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
All notices and payments from Tenant to Landlord so required or permitted
shall be in writing and sent by registered or certified mail, postage prepaid and directed
to Landlord as follows:
City of Brentwood
Attn: City Manager
708 Third Street
Brentwood, CA 94513
Either party may, at any time or from time to time, designate in writing a substitute
address for that above set forth and thereafter notices shall be directed to such
substitute address for that above set forth. Notices to either party shall be effective
three (3) business days after depositing in the United State Postal system or on the next
business day if sent by overnight courier in accordance with this Paragraph.
25. Successors and Assigns
This Lease and the covenants and conditions herein contained shall inure to the
benefit of and be binding upon Landlord, its successors, and assigns, and shall be
binding upon Tenant, its successors, assigns, and legal representatives, and shall inure
to the benefit of Tenant and only such assigns of Tenant to whom the assignment by
Tenant has been consented to by Landlord.
26. Waiver
The failure of either party to insist, in any one or more instances, upon a strict
performance of any covenant of this Lease or to exercise any option or right herein
contained shall not be construed as a waiver or relinquishment for the future of such
covenant, right, or option, but the same shall remain in full force and effect unless the
contrary is expressed in writing.
27. Short Form of Lease
The parties agree that upon the request of either party, they will execute,
acknowledge, and deliver a short form of Lease to be recorded at the expense of
Tenant. Upon the expiration or earlier termination of the Lease and within thirty(30)
days following written notice from Landlord, Tenant agrees to execute a Memorandum
of Lease Termination or Quitclaim Deed discharging any recording made pursuant to
this Paragraph.
Muir Drive Fire Station Lease
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28. Holding Over
This Lease shall terminate without further notice at the expiration of the Lease
Term or option term if Tenant has such option terms and elected to exercise it. Any
holding over by Tenant after expiration of the Lease Term shall not constitute a
renewal or extension of the Lease or give Tenant any rights in or to the Demised
Premises except as expressly provided in this Lease. Any holding over after the
expiration of the Lease without the consent of Landlord shall be construed to be a
tenancy from month to month on the same terms and conditions herein specified.
29. Signage
Tenant shall have the right to signage available under local law Tenant, upon
written request from Landlord, shall immediately remove any sign, decoration,
marquee or awning which Tenant has placed or permitted to be placed in, on or about
the Demised Premises which does not comply with the terms of this Paragraph or is
objectionable or offensive in Landlord's reasonable opinion, and if Tenant fails so to
do, Landlord may enter upon the Demised Premises and remove the objectionable
signs.
At the termination of this Lease, or any extension thereof Tenant shall remove
all signs, and any damage caused by removal shall be repaired at Tenant's expense. All
signs shall be maintained by Tenant at its own expense unless repair is required as a
result of Landlord's action without advance notice, and all amendments shall be
effective upon delivery of a copy of them to Tenant.
30. Entire Agreement
This Lease sets forth all the promises, agreements, conditions, and
understandings between Landlord and Tenant relative to the Demised Premises, and
there are not promises, agreements, conditions, or understandings, either oral or
written, expressed or implied, between them other than set forth herein. Except as
herein otherwise provided, no subsequent alterations, amendment, change, or additions
to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and
signed by them.
31. Construction of Agreement
All headings preceding the text of the several provisions and sub provisions are
inserted solely for convenience of reference and none of them shall constitute a part of
this Lease or affect its meaning, construction, or effect. Venue for any action brought
by Landlord and Tenant in relation to this Lease shall be in the courts of Contra Costa County.
Muir Drive Fire Station Lease
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32. Broker's Commissions
Each party represents that it has not had dealings with any real estate broker,
finder, or other person in any manner. Each party shall hold harmless the other party
from all damages resulting from any claims that may be asserted against the other party
by any broker, finder, or other person, with whom the other party has or purportedly
has dealt.
33. Parking and Janitorial
Tenant shall be entitled to non-exclusive parking spaces. Tenant shall provide
for janitorial services for the Demised Premises.
34. Covenant Against Liens
Tenant shall keep the Demised Premises free from any and all mechanics',
materialmen's and other liens and claims thereof, arising out of any work performed,
materials furnished or obligations incurred by the Tenant. Landlord shall be entitled to
post a lien release bond in the event Tenant does not remove the mechanics' lien from
the Demised Premises and to assess the cost of such bond as additional Rent.
35. Attorneys Fees
If any action at law or equity is commenced between the parties hereto, the
prevailing party shall be entitled to reasonable attorney's fees and costs. In the event
any dispute arising between the parties is resolved without court proceedings, the
prevailing party shall be entitled to recover reasonable attorneys' fees, including fees
for in-house counsel, in connection with such dispute
36. Authority of Parties
a. Landlord represents that it is a municipal corporation and the individual
executing this Lease on behalf of said municipal corporation represent and warrants
that he is duly authorized to execute and deliver this Lease on behalf of said
municipal corporation, in accordance with a duly adopted resolution of the City
Council.
b. Tenant acknowledges that it is a Fire Protection District("District")
established under the laws of the State of California and the individual(s) executing
this Lease on behalf of the District represents and warrants that he/she is duly
authorized to execute the Lease on behalf of the District, in accordance with a duly
authorized resolution of its Board of Directors and that this Lease is binding upon
said District in accordance with its terms.
Muir Drive Fire Station Lease
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37. Severability
Any provision of this Lease which shall prove to be invalid, void, or illegal
shall in no way affect, impair, or invalidate the other provisions of this Lease and shall
remain in full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be
executed in their names by their duly authorized officers.
TENANT: LANDLORD:
EAST DIABLO FIRE CITY OF BRENTWOOD
PROTECTION DISTRICT
By By
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Director of General Services Jo Elam, City Manager
RECOMMENDED FOR APPROVAL ATTE T:
irector of Capital Facilitie and Kareli Diaz, CMC, City lerk
Debt agement
By APPROVED AS TO FORM:
D uty Ge er 1 Services Director
2' =
Dennis Beougher, City Attorney
By
Lease Manager
APPROVED AS TO FORM:
VICTOR J. WESTMAN otunty Counsel
By
Deputy County Counsel
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EXHIBIT "5
PLANNING COMMISSION RESOLUTION NO. 00-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BRENTWOOD APPROVING CONDITIONAL USE PERMIT NO, 00-01 TO ALLOW
THE DEVELOPMENT OF AN APPROXIMATELY 61840 SQ. FT. FIRE STATION
FACILITY AND RELATED USES AND IMPROVEMENTS TO BE LOCATED ON AN
APPROXIMATELY 1.05 ACRE SITE LOCATED ON THE WEST SIDE OF CONCORD
AVENUE (REALIGNED), NORTH OF BALFOUR ROAD, AND EASTERLY OF EAST
COUNTRY CLUB DRIVE (portion of APN 019-340-038).
WHEREAS, Lee Hancock Construction, Strickler Family Partnership, and Brookfield
Homes, Inc., have submitted an application for Conditional Use Permit to allow the construction
of a single-story, approximately 6,840 sq. ft. fire station facility and related uses and
improvements to be located on an approximately 1.05 acre site located on the west side of the
planned extension and realignment of Concord Avenue, north of Balfour Road, and easterly of
East Country Club Drive; and
WHEREAS, said request for Conditional Use Permit amendment has been publicly
noticed in accordance with City policies and California Government Code Section 55090; and
WHEREAS, a duly noticed public hearing for this request was advertised in the Ledger-
Dispatch on March 30, 2000, and mailed to property owners within 300 feet of the site as
required by City Ordinance and Government Code Section 65090; and
WHEREAS, based on the conduct of an Initial Study, it was determined that there may
be potentially significant impacts resulting from implementation of the project but that
modifications and/or conditions of approval incorporated into the project have reduced those
potential impacts to an insignificant level, allowing for the preparation of a draft Mitigated
/Negative Declaration, and
WHEREAS, said environmental document has been prepared and noticed in
conformance with the provisions of the California Environmental Quality Act, and said
document made available for public review and comment, and no significant comments have
been received on said document within the advertised public review and comment period ending
April 18, 2000; and
WHEREAS, the Planning Commission of the City of Brentwood held a public hearing
on April 18, 2000, reviewed said request for Conditional Use Permit, the corresponding staff
report analyses and recommendations, considered all public testimony, has studied the
compatibility of the applicant's request with adjacent land uses, and finds that.
1. The Initial Study prepared for the project has evaluated potential project impacts on the
environment and though potentially significant impacts were identified within this study,
modifications to the project or conditions of approval which will be incorporated into the
project will reduce those impacts to a level of insignificance. Therefore, the Mitigated
Negative Declaration is adequate for all approvals relating to the project.
2. On the basis of the whole record before it, there is no substantial evidence that this project
will have a significant effect on the environment and the Mitigated Negative Declaration
reflects the Planning Commission's independent judgment and analysis.
3. The location, size, and operating characteristics of the proposed uses, as conditioned, will be
compatible with and not adversely affect the livability or development of abutting properties
and the surrounding neighborhood because the-facility will provide additional public safety
services and capabilities to the community without unreasonable intrusion or conflict with
the scale and characteristics of the residential neighborhood and circulation system in which
the project is located.
4. The location, design, landscaping, and overall site planning of the proposed facility, as
conditioned, will provide an attractive, useful, and a convenient public use and facility
because these elements will be consistent with applicable City standards and regulations, on-
site circulation and parking will be efficient in accommodating public safety needs, and
provisions to accommodate continuation of the public multi-purpose trail will be sensitive to
existing and future recreational needs of the neighborhood and the community.
5. The design of the facility, as conditioned, will not adversely affect neighboring uses because
the project will be consistent with applicable City standards regarding parking, setbacks, and
landscaping, be of an appropriate scale and design compatible with the existing and planned
uses in the area and potentially significant impacts such as noise generated impacts have been
addressed within the conditions of project approval
NOW, THEREFORE, BE IT RESOLVER, that the Planning Commission of the City
of Brentwood, based on the above findings, does hereby take the following action:
1. Adopts said Negative Declaration for Conditional Use Permit No. 00-01 and directs staff to
file the Notice of Determination with the County Clerk.
2. Approves Conditional Use Permit No. 00-01, to the development of a single-story,
approximately 6,840 sq. ft. fire station facility and related uses and improvements to be
located on an approximately 1.05 acre site located on the west side of th.- planned extension
and realignment of Concord Avenue, north of Balfour Road, and easterly of East Country
Club Drive, subject to the conditions in the attached Exhibit"A."
This permit shall terminate on April 18, 2001, one (1) year from the effective date of the
granting, unless actual operation under valid pen-nits has begun within said period or written
request has been submitted to the City for an extension of time as allowed under the 7-ning
Ordinance.
L3-�
'i
The above action is final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood
Municipal Code within fourteen(14) calendar days following Planning Commission action.
ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting
on April 18, 2000, by the following vote:
AYES: Chairman Lawrence and Commissioners Cowling, Alves and Kerchner
NOES: None
ABSENT: Commissioner Shipley
ABSTAIN:
APPROVED:
LCHULA-
LANftAWREIkE'
CHAIRMAN
ATTEST:
MITCH OSHINSKY
COMMUNITY DEVELOPMENT DIRECTOR.
CUPOOO I D.dW I
B-3
PLANNING COMMISSION RESOLUTION NO. 00-25
EXHIBIT A
CONDITIONAL USE PERMIT NO. 00-01
CONDITIONS OF APPROVAL
April 18,2000
1. The conditional use permit shall substantially conform to the project plans, dated received
April 13,2000, prepared by Loving and Campos Architects, Inc., on file with the Community
Development Department, unless modified by other conditions of approval contained herein.
2. The project shall be subject to the City of Brentwood's Standard Conditions of Approval for
Commercial Design Review, dated April 1999.
3. A revised site plan shall be submitted to the Community Development Department for review
and approval prior to the issuance of a building permit. Said revised plan shall provide for
only four standard-size off-street parking spaces in the area at the front of the Police
Department wing, an adjacent area to accommodate an orderly, efficient transition and
continuation of the existing multiple-purpose trail from the adjacent Subdivision Map No.
7705, along and through the project site frontage, coinciding with the public meandering
sidewalk, and the creation, where possible, of additional off-street parking spaces at the rear
portion of the project site.
4. The window facing the public street frontage on the front elevation of the Police Department
wing shall be changed to an opaque window or architectural "fake"window.
5. A revised floor plan shall be submitted to the Community Development Department for
review and approval prior to the issuance of a building permit. Said revised plan shall
provide for a projecting wall plane, containing a single window opening corresponding to
dormitory unit#3,as shown on the side(south)elevation.
6. A detailed design and location of the trash enclosure shall be submitted to the Solid Waste
Division for review and approval prior to the issuance of a building permit. The split face
block material shall be of a similar color to match the main building.
7. A final landscaping plan shall be submitted to the Community Development Department for
review and approval prior to the issuance of a building permit. Said revised plan shall:
a. eliminate London Plane tree from the plant palette
b. provide substitutions to the palette as appropriate
c. provide for an increased density of shrubs within the planter areas
d. provide for an increased density of trees within the rear and side perimeter planter areas
e. provide for a mix of deciduous and evergreen trees along the northerly property line
8. A final fencing plan shall be submitted to the Community Development Department for
review and approval prior to the issuance of a building permit. Said plan shall replace the
wood fencing with wrought iron along the open areas of the site.
B"'l
9. A detailed lighting plan shall be submitted to the Police Department for review and approval
prior to the issuance of building permits. Said plan shall replace specifications for all lighting
fixtures for the project and shall provide that any glare resulting from any on-site lighting
shall be directed away from any adjacent properties. The placement of wall-mounted lighting
fixtures must be analyzed to minimize glare onto adjacent properties.
10. A detailed signage plan shall be submitted to the Community Development Department for
review and approval prior to the issuance of a permit. Said plan shall include specifications
for sign lettering,construction, colors, materials, and illumination, if any.
11. The applicant shall construct the Concord Avenue street extension north of Balfour Road
along the easterly frontage, constructed as 'rz of a 60-foot width right-of-way street plus one
lane and a 6-foot dirt shoulder, subject to the satisfaction of the City Engineer.
12. The applicant shall construct a 10-foot wide meandering bicycle trait along the easterly
frontage of the project site, subject to the satisfaction of the City Engineer and the
Community Development Department.
13. A 12-inch waterline shall be installed in the Concord Avenue street extension from Balfour
Road to the north end of the project site, subject to the satisfaction of the City Engineer.
14. An 8-inch sanitary sewer line shall be installed in Concord Avenue from Balfour Road t, the
north end of the project site, subject to the satisfaction of the City Engineer.
15. Fiber optic conduits shall be placed in the Concord Avenue street extension.
16. All firefighting truck and engine testing shall be conducted on and limited to the exit
driveway apron in front of the fire station and shall be done during daylight hours, unless
there is an emergency situation.
17. The emergency generator located at the rear of the fire station shall be installed inside the
manufacturer's "Stage 2" acoustical enclosure.
18. Firefighting trucks and engines departing from the fire station in response to emergency
alarms and calls shall attempt to delay the commencement of the operation of the v.'hicle
sirens until the approach to the Balfour Road/Concord Avenue extension inter_ection.
CUP0001l:.dowll
"rJ
-3
EXHIBIT C
ACCEPTANCE UP DEMISED PREMISES
Tenant, East Diablo Fire Protection District, hereby accepts the
Demised Premises on , 2001 as the City of Brentwood
(Landlord) has completed the Improvements, subject to minor punch list
items as permitted by Paragraph 4 of the Lease, attached hereto as
Exhibit 1.
East Diablo Fire Protection District
By.
i
TO' . BOARD OF SUPERVISORSi•
FROM: Barton J. Gilbert, Director of General Services Contra
Costa
DATE: August 15, 2000 County
SUBJECT: LEASE FOR THE HEALTH SERVICES DEPARTMENT j
1340 ARNOLD DRIVE, SUITE 126, MARTINEZ
SPECIFIC REQUESTS OR RECOMMENDATION(S)$BACKGROUND AND JUSTIFICATION
1. RECOMMENDATION
APPROVE a Lease, commencing October 1, 2000, with the Cranbrook Realty Investment Fund,
L.P. for the premises at 1340 Arnold Drive, Suite 126, 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 not subject to the California Environmental Quality Act
(CEQA) pursuant to article 5, Section 15061(b) (3) of the CEQA guidelines.
DIRECT the Community Development Department to FILE a Notice of Exemption with the
County Clerk.
DIRECT the Director of General Services to arrange for the payment of the handling fees to the
County Clerk and the Community Development Department for filing the Notice of Exemption.
IL FINANCIAL IMPACT
Payments required are to come from the budget of the Health Services Department.
Ill. REASONS FOR RECOMMENDATION 1 BACKGROUND
Provide for use of office space as requested by the Health Services Department.
G909INW&D 001 ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
✓4PROVE -OTHER
SIGNATURE(S):
ACTION OF BOAR APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
^
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(513-7100)
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
i
( ) AND ENTERED ON THE MINUTES OF THE BOARD
Lessor(via UM) OF SUPERVISORS ON THE DATE SHOWN.
Health Services Department(via UM)
County Counsel(via L/M) ATTESTED
Risk Management(via UM) PHIL BA ELOR,CLERK O E BOARD OF
Orig:General Services Department-UM SUPERV ORS AND COUNTY ADMINISTRATOR
ABY - DEPUTY
SBV
FADATA\Worddocs\i?MS Project\1340bdol.doc Y.-7.
GENERAL SERVICES DEPARTMENT '
Lease Management Division
1220 Morella Avenue, Suite 100
Martinez, California
Extension 3-7250
FAX 3-7108
DATE: July 19, 2000
TO: P %. i;ert,
my Administrator
FROM: B on Director of General Services
SUBJECT: AQEND : Lease— 1340 Arnold Drive, Suite 126, Martinez
(8-15-00)
A new lease has been negotiated as follows:
OCCUPANT: Health Services Department-Emergency Medical Services
RENTAL: $4,777.00 per month, $1.40 per square foot
TERM: 5 years
COMMENCING: October 1, 2000
OPTION: None
CANCELLATION: None
SQUARE FEET: 3,412
SPACE TYPE: Office
COUNTY RESPONSIBILITY: None
RENEWAL: No
PREVIOUS RENT: N/A
ADDRESS: 1340 Arnold Drive, Suite 126, Martinez
NOTICE: Government Code Section 25351 - Waived by City of Martinez, July 17, 2000
AGENDA ITEM: APPROVE a Lease,commencing October 1,2000,with the Cranbrook Realty Investment Fund,
L.P., for the premises at 1340 Arnold Drive, Suite 126,Martinez, for occupancy by the Health
Services Department,under the terms and conditions more particularly set forth in said Lease,
AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the
County, and DETERMINE that the Lease is not subject to California Environmental Quality
Act(CEQA) review. (CP #00-67)
BJG/SBV
1340agnl.doc
cc: Health Services Department
Kathy Brown �✓�
Christie Beardsley
TO:' BOARD OF SUPERI/ISORS ,
FROM: Berton J. Gilbert, Director of General Services Contra
✓ Costal
DATE: August 15, 2000
County
SUBJECT: OPTION TO EXTEND THE LEASE FOR THE HEALTH SERVICES DEPARTMENT
1805 ARNOLD DRIVE, SUITES 2, 3, 4, 5 AND 6, MARTINEZ
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMEN[?A ION
EXERCISE the first one-year option to extend the Lease with Hamid Rezapour for the premises
at 1805 Arnold Drive, Suites 2, 3, 4, 5 and 6, Martinez, for continued occupancy by the Health
Services Department, under the terms and conditions more particularly set forth in said Lease.
11. FINANCIAL IMPACT
Payments required are to come from the budget of the Health Services Department.
Ill. REASONS FOR RECOMMENDATION)BACKGROUND
Provide for continued use of office space as requested by the Health Services Department
Department.
ISONT-INWEID ON ATTACHMENT: +(_YES SIGNATURE:
®RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
_LAP"'PROVE _OTHER
SIGNATURE(S):
ACTION OF BOAR A,d e' "5-7- _,P-s- t7r.'t APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS{ABSENT_ )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator(via L/M) 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 LJM) OF SUPERVISORS ON THE DATE SHOWN,
Health Services Department(via UM)
County Counsel(via UM) ATTESTED s
Risk Management{via UM} PHIL B HELOR,CLERK OF THE BOARD OF
Orig General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
SBV
F:\DATA\Worddocs\1805ARNO\1805bdo3.doc
GENERAL SERVICES DEPARTMENT CX1
Lease Management Division °
1220 Morello Avenue, Suite 100
Martinez, Californiawr' c
Extension 3-7250
FAX 3-7108
DATE: July 24,2000
TO: P •1 tchel aunty Administrator
FROM: on J. rt, Director of General Services
SUBJECT: + „,hM : Option to Extend the Lease— 1805 Arnold Drive, Suites 2, 3,4, 5 and 6, Martinez
08-15-00
The County has an option to extend the lease as follows:
OCCUPANT: Health Services Department
RENTAL: $6,465.00 per month, $1.25 per square foot
TERM: One year
COMMENCING: September 1,2000
OPTION: First of two one-year options
CANCELLATION: None
SQUARE FEET: 5,149
SPACE TYPE: Office
COUNTY RESPONSIBILITY: None
RENEWAL: Yes
PREVIOUS RENT: $6,216.00
ADDRESS: 1805 Arnold Drive, Suites 2,3,4, 5 and 6,Martinez
NOTICE: Government Code Section 25351 —N/A
AGENDA ITEM: EXERCISE the first one-year option to extend the lease with Hamid Rezapour for the premises
at 1805 Arnold Drive, Suites 2,3,4, 5 and 6,Martinez,for occupancy by the Health Services
Department, under the terms and conditions more particularly set forth in said Lease.
BJC/SBV
1805agn4.doc
cc: Bob Proctor,Health Services Department
Kathy Brown
Christie Beardsley