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HomeMy WebLinkAboutMINUTES - 09252001 - C.58 'i BOARD OF SUPERVISORS FROM. Barton J. Gilbert, Director of General Services = Contra Costa DATE: September 25, 2001 r, -UCounty SUBJECT: LEASE - 2355 STANWELL CIRCLE, CONCORD FOR THE HEALTH SERVICES DEPARTMENT (BLDG. NO. T00090) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease with the Holmgren Partnership for the premises at 2355 Stanwell Circle, Concord, for continued 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. II. FINANCIAL IMPACT Payments required are to come from the budget of the Health Services Department. It was anticipated that the County would renew the lease to maintain the clinic at its current location and funds were allocated for the rent as part of the 2001-2002 approved County budget. III. REASONS FOR RECOMMENDATION / BACKGROUND Provide for continued use of clinic space to house the Central County Public Health Clinic and the WIC program as requested by the Health Services Department. The clinic has been located at the current location since 1975. This lease renewal will provide for occupancy through December, 2003. G�eidflf413E9-9l4ATTACHMENT: ----,,YES SIGNATURE:GV I RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X--A`PPROVE OTHER SIGNATURE(S): ACTION OF BOARD S d APPROVED AS RECOMMENDED_ _OT44 VOTE OF SUPERVISORS x UNANIMOUS(ABSENT C� 1 AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Auditor-Controller(via UM) I HEREBY CERTIFY THAT THIS IS A TRUEAND CORRECT COPY OF AN ACTION TAKEN Lessor(via UM) AND ENTERED ON THE MINUTES OF THE BOARD Health Services(via UM) OF SUPERVIS S ON THE DATE SHOWN. Risk Management(via UM) C Orig:General Services Department-UM ATTESTED J JOHM SWEETEN,CLERK OF TH BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY I:\LcascMgt\STEV E\2355bdo l.doc GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-7250 FAX 3-7299 DATE: September 6, 2001 TO: John Sweeten, County Administrator 4*Aad FROM: Qpj rton J. Gilbert, Director of General Services SUBJECT: Agenda: Lease—2355 Stanwell Circle, Concord for the Health Services (9/25/01) Department A lease renewal has been negotiated as follows: OCCUPANT: Health Services Department TERM: 3 years COMMENCING: January 1, 2001 OPTION: 3 —2 year terms CANCELLATION: None RENTAL: $12,160.00 SQUARE FEET: 9,615 SPACE TYPE: Health Clinic COUNTY RESPONSIBILITY: Full maintenance, except structural integrity of the building. RENEWAL: Yes PREVIOUS RENT: $11,695.00 ADDRESS: 2355 Stanwell Circle, Concord BUILDING NO. / WORK AUTH.: T00090 cc: General Services Department Christie Beardsley Health Services Department 1:\LeaseMg1\STEVE\2355bdo 1.doc _w .:.s-k to ' BOARD OF SUPERVISORS FROM'. Barton J. Gilbert, Director of General Services Contra Costa DATE: September 25, 2001 County SUBJECT: LEASE - 2355 STANWELL CIRCLE, CONCORD FOR THE HEALTH SERVICES DEPARTMENT (BLDG. NO. T00090) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease with the Holmgren Partnership for the premises at 2355 Stanwell Circle, Concord, for continued 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. II. FINANCIAL IMPACT Payments required are to come from the budget of the Health Services Department. It was anticipated that the County would renew the lease to maintain the clinic at its current location and funds were allocated for the` rent as part of the 2001-2002 approved County budget. III. REASONS FOR RECOMMENDATION / BACKGROUND Provide for continued use of clinic space to house the Central County Public Health Clinic and the WIC program as requested by the Health Services Department. The clinic has been located at the current location since 1975. This lease renewal will provide for occupancy through December, 2003. C9htB-94ATTACHMENT: YES SIGNATURE:6f-'l J���&_4 ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ��APPROVE OTHER / r SIGNATURE(S): ACTION OF BOARD S c7 7 APPROVED AS RECOMMENDED _Os•� VOTE OF SUPERVISORS UNANIMOUS(ABSENT 1 AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Auditor-Controller(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE Lessor(via UM) AND CORRECT COPY OF AN ACTION TAKEN Health Services(via UM) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVIS S ON THE DATE SHOWN. Risk Management(via UM) L Orig:General Services Department-UM ATTESTED J JOHIIII SWEETEN.CLERK OF TH BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY 1:\LeaseMgt\STEVE\2355bdo l.doc LEASE 2355 STANWELL DRIVE CONCORD, CALIFORNIA HOLMGREN PARTNERSHIP TO THE CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT TABLE OF CONTENTS SECTION A: BASIC TERMS AND CONDITIONS A.1. 13A RTI ES....................................................................................................... A.2. LEASE OF PREMISES ................................................................................ A.3. TERM............................................................................................................ 1 A.4. RENT ............................................................................................................ I A.5. ADDITIONAL RENT .................................................................................. 2 A.6. EXTENSION ................................................................................................ 2 A.7. USE; OF PREMISES..................................................................................... 3 A.8. UTILITIES AND JANITORIAL.................................................................. 3 A.9. MAINTENANCE AND REPAIRS .............................................................. 3 A.10. NOTICES...................................................................................................... 3 A.1 1. EXHIBITS AND ATTACHMENTS ............................................................ 4 A.12. WRITTEN AGREEMENT........................................................................... 4 A.13. TIME IS OF THE ESSENCE ....................................................................... 4 A.14. SIGNATURE BLOCK ................................................................................. 5 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER......................................................................................... 6 B.2. HOLD HARMLESS ..................................................................................... 6 B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................... 6 B.4. DESTRUCTION ........................................................................................... 7 B.5. QUIET ENJOYMENT.................................................................................. 7 B.6. DEFAULTS ................................................................................................... 7 B.7. SURRENDER OF PREMISES..................................................................... 9 B.8. SUCCESSORS AND ASSIGNS .................................................................. 9 B.9. SEVERABILITY.......................................................................................... 9 B.10. WASTE, NUISANCE................................................................................... 9 B.1 1. INSPECTION ............................................................................................... 9 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE ............................................................... 1 1 C.2. SERVICE BY LESSOR......................... C.3. HAZARDOUS MATERIALS .................................................................... 1 1 CA. INSURANCE .............................................................................................. 12 C.5. PROPERTY TAXES .................................................................................. 13 C.6. CANCELLATION...................................................................................... 13 C.7. TERMINATION OF PRESENT LEASE................................................... 13 EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: SITE PLAN EXHIBIT C: PARCEL DESCRIPTION LEASE 2355 STANWELL CIRCLE CONCORD, CALIFORNIA FOR THE CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on SEP 2 5 2001 THE HOLMGREN PARTNERSHIP, hereinalier 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 described as follows: Approximately 9,615 square feet of single story office space and parking situated on Parcel 16 and the easterly 25 feet of Parcels 17 and 18 and the northerly 61 feet of Parcel 21, and Parcel 22 of Tract 3564, commonly known and designated as 2355 Stanwell Circle, Concord, California ("Premises"), and more particularly shown outlined in red on Exhibits A and B and described in Exhibit C, attached hereto and made a part hereof. A.3. TERM: The term of this Lease shall be three (3) years, commencing January 1, 2001 and ending December 31, 2003. A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental as follows: 1. TWELVE THOUSAND ONE HUNDRED SIXTY AND NO/100 DOLLARS ($12,160.00) per month commencing January 1, 2001 through December 31, 2002. 2. TWELVE THOUSAND SIX HUNDRED FORTY FIVE AND NO/100 DOLLARS ($12,645.00) per month commencing January 1, 2003 through December 31, 2003. , 1 The total monthly rent shall be payable in advance oil the tenth day of each month during the term of this Lease. Payments shall be mailed to: Holmgren Partnership, c/o Lynne Holmgren Wolk, P. O. Box 815, St. Helena, CA 94574. A.S. ADDITIONAL RENT: As part of the consideration for the lease for the Premises dated January 28, 1992 between COUNTY and LESSOR, LESSOR thereby agreed to and did install a new roof required by COUNTY for the use and occupancy of the building. The cost for said roof amounted to TWENTY EIGHT THOUSAND EIGHT HUNDRED FIFTY SEVEN AND NO/100 DOLLARS ($28,857.00), which LESSOR amortized over a fifteen (15) year period at nine percent (9%) interest which amounted to TWO HUNDRED NINETY FIVE AND NO/100 DOLLARS ($295.00) per month. It is understood and agreed that COUNTY shall continue to pay as additional rent the monthly sum of $295.00 required to fully amortize the remaining balance over the original reimbursement period which expires December, 2008, as long as COUNTY continues to occupy the Premises either during the lease term or any extension thereof. However, COUNTY shall not be responsible for any unamortized amount remaining at the end of COUNTY'S occupancy of the Premises. A.6. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions, except the rental shall be adjusted as follows: a. First Option: For a two (2) year term, commencing January 1, 2004 and ending December 31 2005, at a rental of THIRTEEN THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($13,150.00) per month. b. Second Option: For a two (2) year term, commencing January 1, 2006 and ending December 31, 2007, at a rental of THIRTEEN THOUSAND SIX HUNDRED SEVENTY FIVE AND NO /100 DOLLARS ($13,675.00) per month. C. Third Option: For a two (2) year term, commencing January 1, 2008 and ending December 31, 2009, at a rental of FOURTEEN THOUSAND TWO HUNDRED TWENTY AND NO /100 DOLLARS ($14,220.00) per month. 2 It is understood and agreed COUNTY shall give LESSOR thirty (30) clays prior written notice of its intention to exercise any option to extend this Lease. However, in the event COUNTY does not give such written notice, its right to exercise any option before termination of the Lease shall not expire until fifteen (15) working days after receipt of LESSOR'S written demand to exercise or forfeit said option. A.7. USE OF PREMISES: The Premises shall be used during the term or extension thereof for purposes of conducting various functions of COUNTY. A.8. UTILITIES AND JANITORIAL: COUNTY shall pay for all gas, electric, water, sewer, refuse collection and janitorial services provided to the Premises. A.9. MAINTENANCE AND REPAIRS: a. COUNTY, at its sole cost and expense, shall keep and maintain the Premises and every part thereof in good order, condition, and repair, including, but not limited to, the roof and exterior walls, parking lot, sprinkler system, exterior lighting system, glass and glazing, doors and their fixtures, closers and hinges, locks and key system, and all electrical, lighting, water, plumbing, sewer, heating, ventilating and air-conditioning systems. b. COUNTY shall be responsible for the correction of any code violations. C. LESSOR shall maintain the structural integrity of the building. 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 LESSOR: The Holmgren Partnership c/o Larry Holmgren P. O. Box 1087 Telluride, CO 81435 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 3 A.11. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A - Parcel Map, Exhibit B — Site Plan and Exhibit C — Parcel Description are attached to this Lease and are made a part hereof. A.12. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a writing signed by both parties. The headings of the paragraphs and pages are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. A.13. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. 4 A.14. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, a THE H N PARTNERSHIP Political subdivision of the State of California By 6APAI Stan r L H ren, Jr. By �a � Director of General Services RECOMMENDED FOR APPROVAL: By Director f Capital YZilities and Debt Management By1 41 L A Health Jervices Representative By Lease Manager APPROVED AS TO FORM: SILVANO MARCHESI, County Counsel By Deputy 5 LEASE 2355 STANWELL CIRCLE CONCORD, CALIFORNIA FOR THE CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 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 or intentional acts, errors or omissions of the COUNTY, its officers, agents or employees. COUNTY shall not be liable in the case of any structural, mechanical or Other failure of equipment of building owned and maintained by the LESSOR or for other liability which is attributable, in whole or in part, to the negligence, willful nuscondUCt, or other intentional act, error or omission of LESSOR, which results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the LESSOR'S share of any and all claims, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent or intentional acts, errors or omissions of the LESSOR, its officers, agents or employees. B.3. ALTERATIONS, 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. 6 B.4. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease or extension thereof from any cause, and repairs can be made within sixty (60) days frons the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR shall repair the damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the Premises are unusable by COUNTY. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at its option, make the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. in the event LESSOR does not so elect to make such repairs (which cannot be made in sixty (60) days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C. A total destruction of the Premises or the building in which the Premises are located shall terminate this Lease. B.5. QUiET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the term or extension thereof peaceably and quietly have, hold, and enjoy the demised Premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. B.6. DEF'AUL'CS: The occurrence of any of the following shall constitute an Event of Default under this Agreement: a. Event of Default by COUNTY 1. COUNTY'S failure to pay any Rental within ten (10) business clays after written notice of failure from LESSOR to COUNTY. If, however, payment is not made within ten (10) business days of said written notice due to circumstances beyond the reasonable control of COUNTY, which 7 circumstances may, without limitation hereby, include failure of COUNTY to adopt 'a budget, then COUNTY shall make such payment within such additional time [but not to exceed a total of seventy five (75) days from LESSOR'S notice to COUNTY.] 2. COUNTY'S failure to comply with any other material term or provision of this Lease if such failure continues thirty (30) days after written notice of failure from LESSOR to COUNTY specifying in reasonably sufficient detail the nature of said breach. if the required cure of the noticed default cannot be completed within thirty (30) days, COUNTY'S failure to perform shall constitute a default under the Lease unless COUNTY has attempted to cure the default within said thirty (30) day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. On the occurrence of an Event of Default by COUNTY, LESSOR may 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. b. Event of Default by LESSOR LESSOR'S failure to perform any of its obligations under this Lease shall constitute a default by LESSOR if the failure continues for thirty (30) days after written notice of the failure from COUNTY to LESSOR. If the required cure of the noticed default cannot be completed within thirty (30) days, LESSOR'S failure to perform shall constitute a default under the Lease unless LESSOR has attempted to cure the default within said thirty (30) day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. Notwithstanding the foregoing, in the event of a situation creating a perilous condition on the Premises which substantially and significantly threatens the health and safety of COUNTY and/or its invitees, LESSOR shall use reasonable efforts to immediately address the situation and shall use diligent efforts to correct the perilous condition. 8 On the occurrence of an Event of Default by LESSOR, COUNTY may terminate this Lease and quit the Premises without further cost or obligation or may proceed to repair or correct the failure and either deduct the cost thereof from rental payments due to LESSOR, or at COUNTY'S option, invoice LESSOR for the cost of repair, which invoice LESSOR shall pay promptly upon receipt. B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner termination of this Lease, COUNTY will peaceably and quietly leave and surrender to LESSOR these Premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, excepting for reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which COUNTY has no control. COUNTY shall not be liable for painting the interior of the Premises upon termination of this Lease. B.8. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties hereto. B.9. SEVERABILITY: In the event that any provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision does not materially prejudice either the COUNTY or LESSOR in its respective rights and obligations contained in the valid provisions of this Lease. B.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee or occupant of the industrial park in which the 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. 13.11. 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 9 things are done in the manner best calculated for the preservation of the property, and in full compliance with the terms and conditions of this Lease. 10 LEASE 2355 STANWELL CIRCLE CONCORD, CALIFORNIA FOR THE CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT SECTION C: SPECIAL. PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: COUNTY shall have the right to assign this Lease or Sublease the Premises or any part thereof at any time during the term of this Lease or extension thereof. C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide certain janitorial services, landscaping, maintenance, construction, remodeling or like services as requested by COUNTY from time to time during the term of this Lease or extension thereof. COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the costs of the service. LESSOR shall consult with COUNTY and select either licensed, insured contractors or employees of LESSOR to provide the service. LESSOR shall obtain COUNTY's prior approval oil the scope, terns, 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) clays' prior written notice, including the right to terminate any or all service, or to require different contractors to provide the service. C.3. HAZARDOUS MATERIALS: LESSOR warrants to COUNTY that LESSOR .does not have any knowledge of the presence of hazardous Substances or contanl1flat 1011 of the Premises. LESSOR agrees to defend, Save, protect and hold COUNTY harmless from any loss arising out of the presence of any hazardous Substance in or around the property, which is not related to COUNTY'S use and occupancy of the Premises. COUNTY agrees to defend, save, protect and hold LESSOR. harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses (including SUMS paid in settlement or claims and all consultant, expert and legal fees and expenses of LESSOR'S counsel) or loss directly or 11 indirectly arising out of or resulting from the presence of any hazardous substance as a result of COUNTY'S activities, in or around any part of the property, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any third party or to any natural resources. A "Hazardous Substance" is defined to mean any substance, material or waste, including asbestos and petroleum (including crude oil or any fi-action thereof), which is or becomes designated, classified or regulated as being "toxic", "hazardous", a "pollutant" or similar designation under any federal, state or local law, regulation or ordinance. CA INSURANCE: a. Throughout the term of this Lease, COUNTY, at its sole cost and expense, shall maintain for its benefit, as well as for the LESSOR, a general self- insurance program covering bodily injury, (including death), personal injury, property damage including loss of use and insurance against loss or- damage to any part of the Premises by fire and lightning, with extended coverage insurance, vandalism and malicious mischief insurance. Said extended coverage insurance shall cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke, and such other hazards as are normally covered by such insurance. COUNTY shall provide LESSOR a letter- of self-insurance indicating the aforementioned provisions. b. COUNTY shall provide fire insurance on its own contents, improvements and betterments and personal property contained within or on the Premises under a standard all-risk policy excluding earthquake and flood. C. LESSOR shall have no interest in the insurance upon COUNTY'S equipment and fixtures not attached to the Premises and will sign all dOC11111e11tS reasonably necessary of proper 111 connection with the settlement oflany claim or loss by COUNTY. d. COUNTY shall provide rental interruption insurance for loss of rental income for up to 12 months naming LESSOR as insured. 12 C. COUNTY shall maintain insurance for all plate glass upon the Premises. C.5. PROPERTY TAXES: COUNTY shall, during the term of this Lease or extension thereof, pay all City and County taxes levied against the land and improvements that form the Premises, but excluding any penalties or special assessments which may hereafter be levied against the Premises, except COUNTY shall not pay any increase resulting fi-ona change in ownership of the property. It is understood and agreed that during the last year of occupancy, said taxes shall be prorated between LESSOR and COUNTY according to the number of full months the COUNTY shall have possession of the Premises. C.6. CANCELLATION: In the event the COUNTY is unable to occupy the Premises or prevented from fully utilizing the Premises for its primary purpose as a medical and public health clinic due to the enforcement' of Airport Clear Zone restrictions or Airport related health and safety factors, the COUNTY shall have the right to terminate this Lease on nine (9) months prior written notice to LESSOR. C.7. TERMINATION OF PRESENT LEASE: It is understood and agreed that COUNTY now leases the Premises inkier the terms of a lease dated January 28, 1992. Upon commencement of this Lease, said lease shall terminate. 13 N� p1 �^ 1 th • I Y fin �'s 6 74 sT O ° N79'0"d' .lW o r ys i • O � v 3 rn ti h f00 _ A � ao Yao k h n 0 p �. t''r �+ /70.76 N � ; ,". • . t N ° C7 ta U3(5) N m. N w � c) � p tTi u V n al i! a frit a l�g Q L)l ti /7T.60 Gd Ge' YV,at l� lP�,{G (31 r9'oe'rE w a (r .G / • 9O\S . Zr J.• ':arc N _ NrY•OO'ltW "' IG w IrJ \ 0 4 p w V qAL . .141 f !49.60 (q \ Nr!•M'!tW fls.c! Ivxr•ss'w ti n v h e /t d,30 it th '"• t' Q N7T7.O9'sGw 6 A 1 1M7 w 11,7710"SGW .ft 4N. -\ M o` 1Y27w\O X76•3I'lT W CONCORD AVE, a 6, o _ Amt n, N cn W N 000 sG p y .t 0. 01, O IL , 10 u l �- , W N L � �• � Y f to t b > ' n n r -•r h b � EXHIBIT' C Those lands located in the State of California, County of Contra Costa, City of Concord, and described as follows: Parcel One: Lot 16 and a portion of Lots 17, 18 and 21 , l4ap of Subdivision 3564, filed August 10, 1966, Nap Book 112, page 29 , Contra Costa County Records , described as follows: Beginning at the northeast corner of the parcel of land described as Parcel One in the deed to Ted H. liashy, et ux, recorded April 11 , 1977, Book 8278, Official Records, page 74, thence from said point of beginning, along the exterior line of said Mashy parcel South 100 51 ' 4611 West, 182 feet and South 790 08' 12" East, 125 feet to the east line of said Lot 21 ; thence along said east line and along the exterior lines of said Lots 16 and 17, as follows: North 100 51 ' 48" East, 141 feet; northwesterly, on the 'arc of a curve to the left, with a radius of 41 feet, tangent to the last course, through a central angle of 900, an arc distance of 64.4 feet, and North 790 08' 12" I-lest, 84 feet to the point of beginning. EXCEPTING THEREFROM: A right of way (not to be exclusive) for use as a roadway for vehicles of all kinds , pedestrians and animals, for water, gas, oil and sewer pipe lines, and for telephone, television service, electric light and power lines, together with the necessary poles or conduits, as an appurtenance to Lots 17 and 18, Subdivision 3564, Map Book 112, page 29, Contra Costa County Records, being a strip of land 10 feet in width, the westerly line of which is de- scribed as follows: Beginning on the south line of Stanwell Circle, as designated on said map, distant thereon North 790 08' 12" Viest, .25 feet from the east line of said Lot 17; thence from said point of beginning South 100 51 ' 48" Test, parallel with the east lines of said Lots 17 and 18, 182 feet. Parcel Two: A right of way (not to be exclusive) for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines, and for telephone, television service, elec- tric light and power lines , together with the necessary poles or conduits , as an appurtenance to Parcel One above, over a portion of Lots 17 and 18, Map of Subdivision 3564 , filed' August 10, 1966, Map Book 112, page 29 ; Contra Costa County Records, being a strip of land 10 feet in width , the easterly line of which is described as follows: Beginning on the south line of Stanwell Circle, as designated on said map, distant thereon North 790 08' 12" (Jest, 25 feet from the east line of said Lot 17; thence from said point of beginning South 100 51 ' 48" West, parallel with the east lines of said Lots 17 and 18, 182 feet. Parcel Three: Parcel 22 as shown on Subdivision Tract 3564 , Map Book 112, page 29 , Contra Costa County Records.