HomeMy WebLinkAboutMINUTES - 08152000 - C181 TO: 4 BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Contra
DATE: August 15, 2000 Costa
County
SUBJECT: GROUND LEASE FOR THE COMMUNITY SERVICES DEPARTMENT
3103 WILLOW PASS ROAD, BAY POINT
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDATION
APPROVE a new Lease, commencing October 1, 2000, with Ambrose Recreation and Park
District for the premises at 3103 Willow Pass Road, Bay Point, 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 a California Environmental Quality Act (CEQA) Class 3
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 payment of filing fees to the County
Clerk and administrative and processing costs to the Community Development Department.
11. FINANCIAL IMPACT
Payments required are to come from the budget of the Community Services Department.
111. REASONS FOR RECOMMENDATION t BACKGROUN
As requested by the Community Services Department; To provide a site for construction of one
1,920 sq. ft. modular building with two classrooms, parking and a playground which will be used
for a Head Start program.
Class 3 Categorical Exemption provides for construction and location of limited numbers of new,
small facilities or structures. In compliance with this exemption, the site has all necessary public
services and facilities, and is not an environmentally sensitiv area. Off street parking has been
provided to meet the needs of the facility.
1119W04"C�M6M1 ATTACHMENT: YES SIGNATURE:
—RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
r
SIGNATURE(S): (a.,'(�
ACTION OF BOARD APPROVED AS RECOMMENDED E)1 MBl�
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT _117- )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator(vie UM) 1 HEREBY CERTIFY THAT THIS IS A TRUE
County Auditor-Controller(via UM) AND CORRECT COPY OF AN ACTION TAKEN
Lessor{via UM) OF
ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SH WN.
Community Services(via UM)
County Counsel(via UM) ATTESTED t 2Z
Risk Management(via UM) HIL HELO ,CLERK OF THE BOARD OF
Orig:General Services Department-UM SUPE SORS AND COUNTY ADMINISTRATOR
BY DEPUTY
FAAmbrose Park Head Start\Ambrose Board Order w Agenda.doc
GENERAL SERVICES DEPARTMENT
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, California
Extension 3-7250
FAX 3-7299
DATE: August 1, 2000
TO: 1 atche County Administrator
FROM: on , hector of General Services
SUBJECT: New Lease- 3103 Willow Pass Road, Bay Point
Bldg. T00599
(August 15, 2000 Agenda)
A lease has been negotiated as follows:
OCCUPANT: Community Services Department
TERM: 20 years COMMENCING: October 1, 2000
OPTION: No CANCELLATION: No
RENTAL: $1,500.00 per year
SQUARE FEET: Approximately 14,000
SPACE TYPE: vacant land
COUNTY RESPONSIBILITY: Full maintenance
RENEWAL: No PREVIOUS RENT: NIA
ADDRESS: 3103 Willow Pass Road, Bay Point
CODE 25351 NOTICE: N/A (60 day notice—within County boundary)
BUILD/WORK AUTH.: T00599/WLP429
BJG/TE:
cc: General Services Department
Kathy Brown
Christie Beardsley
Community Services Dept
Lessor
FAAmbrose 'ark Head Start\Ambrose Board Order w Agenda.doc
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GROUND LEASE
TABLE OF CONT +"1V`Tfi
AMBROSE PARD, 3103 WILLOW PASS ROAD
BAY POINT, CALIFORNIA
CONTRA COSTA COUNTY
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES ..............•..........•...............................................................................1
A.Z. LEASE OF PREMISES .................................................................................1
A.3. PURPOSE:.......................................................................................................1
A.4. RIGHT OF ENTRY........................................................................................1�/
A.5. TERM...............................................................................................................2
A.6. RENT................................................................................................................2
A.7. USE OF PREMISES.......................................................................................3
A.8. UTILITIES......................................................................................................3
A.9. MAINTENANCE AND REPAIRS................................................................3
A.10. NOTICES.........................................................................................................4
A.11. EXHIBITS AND ATTACHMENTS.............................................................4
A.12. WRITTEN AGREEMENT............................................................................4
A.13. TIME IS OF THE ESSENCE........................................................................5
A.M. SIGNATURE BLOCK...................................................................................5
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER...........................................................................................6
B.2. HOLD HARMLESS .......................................................................................6
B.3. ALTERATIONS, FIXTURES, AND SIGNS ...............................................6
B.4. DESTRUCTION............................................................................................./
B.5. QUIET ENJOYMENT...................................................................................7
B.6. DEFAULTS .....................................................................................................7
B.7. SURRENDER OF PREMISES......................................................................8
B.8. SUCCESSORS AND ASSIGNS ....................................................................9
B.9. SEVERABILITY............................................HH............................................9
B.10. WASTE, NUISANCE.....................................................................................9
B.11. INSPECTION..................................................................................................9
SECTION C: SPECIAL PROVISIONS
C.1. SUBLEASE....................................................................................................10
C.2. SERVICE BY LESSOR...............................................................................10
C.3. INSURANCE...................................•.............................................................10
CA. IN-KIND CONTRIBUTION........................................................................11
C.5. MEMORANDUM OF LEASE:...................................................................12
EXHIBITS
EXHIBIT A. PREMISES
EXHIBIT B: BUILDING FLUOR PLAN
EXHIBIT C: MEMORANDUM OF LEASE
GROUND LEASE
FOR.
CONTRA COSTA COUNTY
AMBROSE PARI, 3103 WILLOW PASS ROAD
BAY POINT, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A,1. PARTIES: Effective on AUG 15 200 The AMBROSE
RECREATION AND PARK DISTRICT, hereinafter called "DISTRICT", 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 Off` PREMISES: DISTRICT, for and in consideration of the rents,
hereby leases to COUNTY, and COUNTY leases from DISTRICT those certain grounds
described as follows. Approximately .32 acres of vacant land owned by DISTRICT, on
which the COUNTY will develop a Head Start Center in newly constructed modular
building(s) owned by the COUNTY, with a playground and exclusive parking,
hereinafter called "Premises", located within Assessor's Parcel No. 097-061-006 and
commonly known as 3103 Willow Pass Road, Bay Point, California as shown outlined in
heavy black on Exhibit"A", attached hereto and made a part hereof.
COUNTY shall have non-exclusive use of the existing parking area south of the
DISTRICT's Buildings for employee parking, as shown on Exhibit "A".
A.3. Pik:: The purpose of this Agreement is to provide for the operation of a
Head Start, Early Start, Child Start or other similar childcare program, in a single story
modular building(s) to be constructed and owned by the COUNTY, on land leased from
DISTRICT, as shown in Exhibit `°B", attached hereto and made a part hereof. The
purpose of this Agreement shall not be changed without written consent of DISTRICT
which shall not be unreasonably withheld.
A.4. RIGHT OE-ENTRY: COUNTY shall have the right of entry to the auto access
road along the western boundary of the Premises, as shown in Exhibit "A". COUNTY
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Ambrose Park Head Start Final Lease 08 16 00.doc
shall use this road for access to the Premises during construction and thereafter during the
term of this Lease. In the event that COUNTY's construction should affect DISTRICT's
access to the road, or adversely affect the condition of the road; COUNTY shall give at
least 12 hours notice of the access road closure and shall restore the road to as good
condition or better than immediately prior to COUNTY's construction project.
After completion of the COUNTY's construction project, DISTRICT shall
maintain the access road and its parking area in good order, condition and repair.
COUNTY shall have the right of entry across DISTRICT property for
underground utility services for Premises. The proposed area for underground utilities is
shown in the cross hatched area along the auto access road on Exhibit A.
A.5 Tom: The term of this Lease shall be TWENTY (20) years, commencing
October 1, 2000 and ending September 30, 2020.
A.6. RM:
A. COUNTY shall pay to DISTRICT as rent for the use of the Premises, ONE
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($1,500.00) per year.
B. On October 1st of each year of the term hereof from October 1, 2000 through
September 30, 2020, COUNTY shall revise the rent then in effect based on the "CPI
Factor" (as herein defined); however, any increase in rent based on the CPI Factor
shall be limited to a maximum of five percent (5%). The CPI .Factor shall not be
applied to reduce rent below the then existing rent, and any increase in rent shall be
rounded to the nearest dollar.
The "CPI Factor", as herein used, is that percentage of change to the nearest one-
tenth of one percent established during the twelve month period immediately
preceding the date the revised rent is to commence, as stated in the Consumer Price
Index, Urban Wage Earners and Clerical Workers, U. S. City Average, All Items
(1982-84 = 100), published by the United States Department of Labor, Bureau of
Labor Statistics, or its successor.
For example: if the CPI Factor is 7% during the twelve month period from
October 1, 2000 through September 30, 2001, then the revised annual rent
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Ambrose Park Head Start Final Lease 08 16 OO.doc
G
commencing October 1, 2001 shall be computed as 5% (the CPI Factor is limited to
a maximum of 5%) of$1,500.00 ($75.00) plus the prior annual rent equals a total of
$1,575.00.
C. Rent shall be payable in advance on the tenth day of October during each year of the
term of this Lease, and mailed to:
The Ambrose Recreation and Park.District
3105 Willow Pass Road
Bay Point, CA 94565
A.7. USE OF PREMIE The Premises shall be used during the term solely for the
purposes of conducting Contra Costa County Community Services Department Head
Start, .Early Start, Child Start or other similar childcare programs which may be operated
by the COUNTY or through the services provided by a contractor or subtenant of the
COUNTY as provided in paragraph C.1. below.
A.8. UTILITIES: DISTRICT will install a water line a minimum of 2 inches in
diameter with a water meter, at DISTRICT expense, by November 15, 2000. Said water
line will be connected to DISTRICT'S water service and COUNTY will reimburse
DISTRICT for water usage as measured by the water meter. DISTRICT will pay annual
sewer service charges for the modular building(s), COUNTY will pay for all other utility
services.
A.9. MAINTENANCE AND REPAIRS:
a. COUNTY shall keep the roof and exterior of the modular building(s) in
good order, condition, and repair and shall maintain the structural integrity
of the building(s), including the exterior doors and their fixtures, closers
and hinges, glass and glazing, and all locks and key systems used in the
Premises.
b. COUNTY shall maintain the parking area, and exterior lighting system in
good order, condition, and repair and shall keep the Premises free from
litter and debris.
C. COUNTY shall keep and maintain the interior of the modular building(s) in
good order, condition, and repair including the electrical, lighting, heating,
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Ambrose Perk dead Start Final Lease 08 16 00.doc
ventilating, air-conditioning systems, water and plumbing from the interior
of the building(s) to the water meter, and other utilities :to the boundary of
the Premises.
d. COUNTY shall maintain the landscaping and sprinkler system in good
order condition and repair. COUNTY shall be responsible for the
maintenance of the playground equipment.
e. COUNTY shall provide and install, at the direction of the Fire Marshal, the
necessary number of A-B-C fire extinguishers for the Premises at no cost to
DISTRICT. COUNTY shall thereafter maintain, repair, and replace said
extinguishers.
f. COUNTY shall not suffer any waste on or to the Premises.
A.10. 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 DISTRICT. The Ambrose Recreation and Park District
3105 Willow Pass Road
Bay Point, CA 94565
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.11. EXHIBITS AND A11A FIMENTS: Section B, Standard Provisions, Section
C, Special Provisions, Exhibit A-- Premises, Exhibit B - Building Floor Plan and Exhibit
C Memorandum of Lease are attached to this Lease and are made a part hereof.
A.12. MITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Lease. All previous conversations, negotiations, and
understandings are of no further force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs and pages are for
convenience only and are not a part of this Lease, nor shall they be considered in
construing the intent of this Lease.
4
Ambrose Park Head Start Final Lease 08 16 4Q.doc
A.13. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.14. SIGNATURE BLOCK
COUNTY DISTRICT-
COUNTY
TRICTCOUNTY OF CONTRA COSTA, a THE AMBROSE RECREATION AND
Political subdivision of the State of PARK DISTRICT
California
Y
General M er
Director of Genera Services
RECOMMENDED FOR.APPROVAL:
B -
y
Director of Capital Facilities an
Debt Management
By
Director of Community Services
By
Deputy Gen6rL ervices Director
By
Lease Manager
APPROVED AS TO FORM:
VICTOR.J. WESTMAN, County
Counsel
By
Deputy
5
Ambrose Park Head Start Final Lease 08 16 OO.doe
i'
GROUND LEASE
FOR
CONTRA COSTA COUNTY
AMBROSE PARD, 3103 WILLOW PASS ROAD
BAY POINT, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. Il ,MIN CI M: Any holding over after the term of this Lease as provided
hereinabove shall be construed to be a tenancy from month to month, subject to the terms
of this Lease so far as applicable.
B.2. HOLD HARM : COUNTY agrees to defend, indemnify, and hold harmless
the DISTRICT from the COUNTY's share of any and all claims, costs and liability for
any damage, injury or death of or to any person or the property of any person arising out
of negligent or intentional acts, errors or omissions of the COUNTY, its officers, agents
or employees. COUNTY" shall not be liable in the case of liability to the extent
attributable, to the negligence, willful misconduct, or other intentional act, error or
omission of DISTRICT, which results in damage to any person or property.
DISTRICT agrees to defend, indemnify and hold harmless the COUNTY from the
DISTRICTS share of any and all claims, costs and liability for any damages, injury or
death of or to any person or the property or to any person arising out of the negligent or
intentional acts, errors or omissions of the DISTRICT, its officers, agents or employees.
DISTRICT shall not be liable in the case of liability to the extent attributable, to the
negligence, willful misconduct, or other intentional act, error or omission of COUNTY,
which results in damage to any person or property.
B.3. ALICERADONS, FfX` ERES,.AN 'SGS: 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 exterior signs shall meet with existing code
6
Ambrose Park heed.st»rrr Final Lease 08 16 OO.doe
requirements and must have written consent of DISTRICT, which shall not be
unreasonably withheld,
BA. DESTRUCTION:
a. In the event of damage causing a partial or total destruction of the
building(s) during the term of this Lease from any cause, and repairs can be
made under the applicable laws and regulations of governmental
authorities, COUNTY shall repair the damage promptly and within a
reasonable time, and such destruction shall not void this Lease; or
COUNTY may elect not to make such repairs and to terminate this Lease,
in which case COUNTY shall remove the damaged building(s) promptly
and within six (6) months of such partial or total destruction.
b. In the event of damage causing a partial or total destruction of the
building(s) and if repairs cannot be made under the applicable laws and
regulations of governmental authorities, this Lease shall be terminated at
the option of COUNTY.
C. A total destruction of the building(s) located in the Premises shall terminate
this Lease in which case COUNTY shall remove the destroyed building(s)
within one hundred twenty (120) days unless COUNTY receives
DIS'T'RICT consent for additional days, such consent not being
unreasonably withheld.
B.S, QUIET ENJOYMENT: DISTRICT covenants that COUNTY shall at all times
during the term peaceably and quietly have, hold, and enjoy the Premises without trouble
or hindrance from or on account of DISTRICT as long as COUNTY fully performs
hereunder.
8.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of
Default under this Agreement:
a. Event of Default by COUNTY
COUNTY's failure to comply with any other material term or provision of this
Lease if such failure continues sixty (60) days after written notice of failure from
7
Ambrose Park Head Start Final Lease 08 16 40.doc
DISTRICT to COUNTY specifying in reasonably sufficient detail the nature of
said breach. If the required cure of the noticed default cannot be completed within
sixty (60) days, COUNTY's failure to perform shall constitute a default under the
Lease unless COUNTY has attempted to cure the default within said sixty (60)
day period and has diligently and continuously attempted to complete the cure as
soon as reasonably possible.
On the occurrence of an Event of Default by COUNTY, DISTRICT shall give
COUNTY written notice of such default and proceed to repossess DISTRICT's
land in accordance with due process of law.
b. Event of Default by DISTRICT
DISTRICT's failure to perform any of its material obligations under this
Lease shall constitute a default by DISTRICT if the failure continues for sixty (60)
days after written notice of the failure from COUNTY to DISTRICT. If the
required cure of the noticed default cannot be completed within sixty (60) days,
DISTRICT's failure to perform shall constitute a default under the Lease unless
DISTRICT has attempted to cure the default within said sixty (60) 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 DISTRICT, COUNTY may
terminate this Lease in accordance with due process of law and quit the Premises
without further cost or obligation, except for obligations incurred by county at the
time of district's default, or may proceed to repair or correct the failure and either
deduct the cost thereof from rental payments due to DISTRICT, or correct the
failure and invoice DISTRICT for the cost of repair, which invoice DISTRICT
shall pay promptly upon receipt.
B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner
termination of this Lease, COUNTY will peaceably and quietly leave the Premises.
COUNTY shall have the right to remove the COUNTY improvements, including the
building(s) and/or the playground equipment and any other improvements as described in
8
Ambrose Park Head Start Final Lease 08 16 OO.doc
Paragraph B.3.of this Lease, ALTERATIONS, �IXTU , AND SIGNS. If COUNTY
does not exercise its right to remove the improvements, then COUNTY shall offer the
improvements to DISTRICT at no cost, except as hereafter provided. If DISTRICT
accepts the improvements, DISTRICT shall be responsible for all costs associated with
the transfer of ownership from COUNTY to DISTRICT. If DISTRICT does not choose
to accept the improvements, the COUNTY shall be responsible for removal of said
improvements within nine (9) months after the termination date of this Lease.
B.S. SUCCESSORS AICD 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. SEVERABIL.ITV; 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 DISTRICT 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 Premises, or any nuisance or other act or thing which may disturb the
quiet enjoyment or use of the Ambrose Recreation and Park District Community Center,
Bay Point.
B.11. INSPECTION: The DISTRICT 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.
9
Ambrose Park Head Start Final Lease 08 16 00.doc
GROUND LEASE
FOR.
CONTRA COSTA COUNTY
AMBROSE PARI, 3103 WILLOW PASS ROAD
BAY POINT, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
CA. SUBLET: COUNTY shall not sublet any part of the Premises without written
consent of DISTRICT which shall not be unreasonably withheld.
C.2. SERYICE BY DCT.: It is understood and agreed DISTRICT may provide
certain janitorial services, landscaping, maintenance, construction, remodeling or like
services as requested by COUNTY and as agreed by DISTRICT from time to time during
the term of this Lease. COUNTY shall pay to DISTRICT" as additional rental one
hundred percent (100%) of the costs of the service plus the costs of management,
administration and processing fees within thirty (34) days of receipt of an invoice by
COUNTY.
DISTRICT shall consult with COUNTY and select either licensed, insured
contractors or employees of DISTRICT to provide the service. DISTRICT shall obtain
COUNTY's prior approval on the scope, term, and cost of the contracts. COUNTY shall
have the right to change the level of service from time to time by giving DISTRICT thirty
(30) days' prior written notice, including the right to terminate any or all service, or to
require different contractors to provide the service.
C.3. INSURANCE:
A. Liability Insurance by COUNTY: Throughout the term of this Lease,
COUNTY, at its sale cost and expense, shall maintain in full force and effect, a general
self-insurance program covering bodily injury (including death), personal injury, and
property damage, including loss of use.
COUNTY shall provide DISTRICT a letter of self-insurance indicating the
aforementioned provisions are in effect..
14
Ambrose Park Head Start frenal Lease 08 16 00Aw
B. Liability Insurance by DISTRICT: Throughout the term of this Lease,
DISTRICT, at its sale cast and expense, shall maintain in full: farce and effect
comprehensive or commercial General Liability insurance or a self-insurance program
covering bodily injury (including death), personal injury, property damage, and loss of
use.
DISTRICT shall provide COUNTY a certificate or letter of insurance indicating
the aforementioned provisions.
COUNTY shall maintain comprehensive casualty insurance for its building(s).
Said isurance shall cover the improvements and betterments for building(s), contents
and personal property contained within building(s), and playground equipment, under a
standard all-risk policy. This coverage shall be for not less than ninety percent (90%) of
the replacement value with improvements and betterments and not less than ninety
percent(90%) of the actual cash value of the personal property.
DISTRICT shall have no interest in any insurance proceeds received by
COUNTY for its building(s), equipment, fixtures and playground equipment, and will
sign all documents necessary or proper in connection with the settlement of any claim or
loss by COUNTY.
CA. IN-KIND CONTRIBUTION: In accordance with federal regulations for the
Head Start Childcare Program, at any time during this Lease, a study of the fair market
rental value of the Premises may be required. The study, which shall be funded by
COUNTY, shall be conducted by an independent licensed real estate professional by
comparing the rent as listed in Paragraph A.6. Rent to the fair market rent. The
difference between the two could be considered as an in-kind contribution by the
COUNTY as shown in the following example:
Fair Market Rent Established by Independent Party $2,000.00 per year
Rent Paid in Accordance with Paragraph A.6. 11.575.00 per year
Difference that could be considered as In-Find Contribution $425.00 per year
If required, DISTRICT agrees to amend this Lease to reflect the amount of the in-kind
contribution. DISTRICT also agrees to complete the necessary forms, information,
documentation and records that will provide evidence to verify the in-kind contribution
11
Ambrose Park Head start Final Lease 08 16 00.doc
of non-federal matching funds to assist the COUNTY to conform to federal regulations
for in-kind matching share.
CA MEMtORANDs..t M +�F LEAS Upon full execution of this Lease the parties
shall cause a memorandum of lease C Memorandum of Lease") in the form of Exhibit
"C", attached hereto and made a part hereof, and otherwise satisfactory in form and
substance to COUNTY and DISTRICT, to be recorded in the office of the County
Recorder of Contra Costa County, California. This will be in lieu of recording the entire
instrument. Upon termination of this Lease, COUNTY shall execute a Quitclaim Deed to
DISTRICT to clear Lease from DISTRICT's title.
12
Ambrose Park Head Start Fina!Lease 08 16 OO.doc
EXHIBIT A
PREMISES
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REVISIONS= DRAWN BY: RVK DRAWING NUMBER
CONTRA COSTA COUNTY Head Start 0 Ambrose Park NO. DATE CHECKED BY:
GENERAL SERVICES DEPARTMENT 3105 Willow Paas Rd SCALE: I"=30'--0*
ARCHITECTURAL DIVISION BAY POINT, CALIFORNIA
1220 MORELLO AVENUE, SUITE 100 For Cummunity Services
(MARTINEZ, CAUFORNIA 94553-4711 SITE PLAN A-
(925) 313^7200
FAX (935) 3137299 FILE NO: 307-0001
AUTN NO. WWO053 DATE: 07\24\00 SHEET 1 of 1
EXHIBIT B
BUILDING FLOOR PLAN
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EXHIBIT C
Recording Requested By,
and When Recorded Return To:
County of Contra Costa
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
Attention: Tim Erickson
MEMORANDUM OF LEAVE
This Memorandum of Lease and Right of First Refusal ("Memorandum") dated as of
, 2000, is entered into between the Ambrose Recreation and Park District
("Lessor"), and the County of Contra Costa, a political subdivision of the State of
California("County")
A. On or about , 2000, Lessor and County entered into a Ground Lease
for a portion of Assessor's Parcel No. 097-061-006 and commonly known as 3103
Willow Pass Road, Bay Point, California (the "Lease"), pursuant to which Lessor
leased to County property described in attached Exhibit A and incorporated by
reference ("Premises").
B. Lessor and County desire to execute this Memorandum to provide constructive
notice to all third parties of the County's rights under the Lease.
For good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. Lessor leases the Premises to County for a term of TWENTY (20) years,
commencing on October 1, 2000, and ending on September 30, 2020.
2. This lease of the Premises to County is on all of the terms and conditions of the
Lease, which is incorporated in this Memorandum by reference.
3. This Memorandum and the Lease shall bind and inure to the benefit of the parties
and their respective heirs, successors, and assigns, subject, however, to the
provisions of the Lease on assignment.
4. This Memorandum and the Lease are governed by California law.
5. This Memorandum of Lease may be executed in counterparts.
Executed as of the date first written above.
County Lessor
County of Contra Costa, a Political Ambrose Recreation and Park District
Subdivision of the State of California
BY BY
Director of General Services General Manager
Recommended for approval:
Ey
Lease Manager
Approved as to form:
Victor I Westman, County Counsel
By
Deputy
State of California )
ss.
County of Centra Costa )
On this day of , in the year 2000, before me, , Chief
Clerk of the County of Contra Costa, State of California, duly commissioned and sworn,
personally appeared Barton J. Qi bert, known to me to be the Director of General
Services of the County of Centra Costa, the County that executed the within instrument,
and known to me to be the person who executed the within instrument on behalf of said
political subdivision therein named, and acknowledged to me that such political
subdivision executed the within instrument pursuant to a Resolution of the Board of
Supervisors of the County of Contra Costa.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal in the County of Contra Costa on the day and year in this certificate first above
written.
Chief Clerk, County of Contra Costa
EXHIBIT A.
Premises
These certain Premises described as follows:
Approximately .32 Acres of vacant land at 3103 Willow Pass Road, Bay Point, California
Assessor's Parcel Number 097-061-006