The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09252001 - C.60 To: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services = Contra Costa DATE: September 25, 2001 = ---- - County SUBJECT: LEASE — 900 THOMPSON STREET, MARTINEZ FOR THE SHERIFF-CORONER (Bldg. #T00013) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease with Gerald James Jeffry, Eugene H. Ross and Marjorie A. Ross for the premises at 900 Thompson Street, Martinez for continued occupancy by the Sheriff-Coroner, 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 Sheriff-Coroner. It was anticipated that the Sheriff would renew the lease to continue the Sheriff's Custody Alternative Facility 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 office space as requested by the Sheriff-Coroner. The Custody Alternative Facility has been at this location since 1990. The lease renewal will provide for occupancy through June, 2004. 'C9Mfrh10En1981 ATTACHMENT: YES SIGNATURE: W —JefrctCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �/XPPROVE OTHER SIGNATURE(S): ACTION OF BOrz,e ole Mh e CrS APPROVED AS RECOMMENDED 0+"C-R VOTE OF SUPERVISORS ,rye UNANIMOUS(ABSENTil, 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 Sheriff-Coroner via UM AND ENTERED ON THE MINUTES OF THE BOARD ( ) OF SUPERVISORS ON THE DATE SHOWN. Risk Management(via UM) L ii f Orig:General Services Department-UM ATTESTED Se �T e{'►'1 4 e� a� c7-IPJ/ JOH4 SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY SBV:Is L\LeaseMgt\S•rEV E\900bdo2.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 FROM: toarton J. Gilbert, Director of General Services SUBJECT: Agenda: Lease—900 Thompson Street, Martinez, for the Sheriff-Coroner (09-25-01) A lease renewal has been negotiated as follows: OCCUPANT: Sheriff-Coroner TERM: 3 years COMMENCING: July 1, 2001 OPTION: 2 — 1 year CANCELLATION: None RENTAL: $4,620.00 SQUARE FEET: 3,850 SPACE TYPE: Office COUNTY RESPONSIBILITY: Interior Maintenance RENEWAL: Yes PREVIOUS RENT: $4,400.00 ADDRESS: 900 Thompson Street, Martinez BUILDING NO. / WORK AUTH.: T00013 cc: General Services Department Christie Beardsley Sheriff-Coroner 1 ALeaseMgt\STEVE\900agn3.doc pp, 0 0 Contra GENERAL SERVICES DEPARTMENT Barton J. Gilbert Architectural Division Director of General Services Costa Lease Management Division Gerald Bender 1220 Morello Avenue, Suite 0 Architectural Services Manager County Martinez, California 94553- 71 (925) 313-7200 Carol Chan •'•' Lease Manager OCT 1 (925) 313-7250 2 2001 FAX LETTER OF TRAN RD of (925) 313-7299 UNT SUP �r�_Cpi�NS� Rg POSTAI co�rsQRS TO: br 77 FILE: lvS , ofa� D/ � �1-7 IAE L �7-��.� REGARDING "C.- ( fib IV60d�N �� ATTN: 144.9 r V6_2- We Are Sending You ® Attached El Under Separate Cover Via The Following Items: Item Copies / ` Dated Description �SO lSDd0l Lf�.rllq' 177 These Are Transmitted As Checked Below: ❑ For approval ❑ Approved as submitted ❑ Reviewed - No additional comments ❑ For your use ❑ Approved as noted ❑ Reviewed - See additional comments ❑ As requested ❑ Returned for corrections ❑ Return Corrected prints ❑ For review and comment ❑ copies retained for our files ❑ Sign and return copies ❑ For your information REMARKS: ,�.� y o v•� �� c..d s . SIGNED ✓� ❑ Architectural Division (313-7200) XLease Management Division (313-7250) j TO: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra Costa DATE: September 25, 2001 County SUBJECT: LEASE — 900 THOMPSON STREET, MARTINEZ FOR THE SHERIFF-CORONER (Bldg. #T00013) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease with Gerald James Jeffry, Eugene H. Ross and Marjorie A. Ross for the premises at 900 Thompson Street, Martinez for continued occupancy by the Sheriff-Coroner, 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 Sheriff-Coroner. It was anticipated that the Sheriff would renew the lease to continue the Sheriff's Custody Alternative Facility at its current location and funds were Iillocated for the rent as part of the 2001-2002 approved County budget. III. REASONS FOR RECOMMENDATION I BACKGROUND Provide for continued use of office space as requested_ bv_tho (Zk--: ;oroner. The Custody Alternative Facility has been at this location ;newal will provide for occupancy through June, 2004. � v "IM9"N ATTACHMENT: YES SIGNATURE:/� a� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _it-90PROVE OTHER SIGNATURE(S): . ACTION OF BOAR APPROVED AS RECOMMENDED_ C GAMER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENTS: ABS(rAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Auditor-Controller(via UM) 1 HEREBY CERTIFY THAT THIS IS A TRUE Lessor(Via UM) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Sheriff-Coroner(via UM) OF SUPERVISORS ON THE DATE SHOWN. Risk Management(via UM) Orig:General Services Department-1.JM ATTESTED Se O'4-erK b ex' JOHNII SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY SBV:ls I:\Le=Mgt\.STEV E\900bdo2.doc LEASE 900 THOMPSON STREET MARTINEZ, CALIFORNIA CONTRA COSTA COUNTY SHERIFF-CORONER TABLE OF CONTENTS SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES....................................................................................................... 1 A.2. LEASE OF PREMISES ................................................................................ 1 A.3. TERM............................................................................................................ 1 A.4. RENT ............................................................................................................ l A.5. EXTENSION ................................................................................................ 2 A.6 USE OF PREMISES..................................................................................... 3 A.7. UTILITIES.................................................................................................... 3 A.8. MAINTENANCE AND REPAIRS .............................................................. 3 A.9. NOTICES...................................................................................................... 4 A.10. EXHIBITS AND ATTACHMENTS ............................................................ 4 A.I 1. WRITTEN AGREEMENT........................................................................... 5 A.12. TIME IS OF THE ESSENCE....................................................................... 5 A.13. 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.11. INSPECTION ............................................................................................... 9 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE............................................................... C.2. SERVICE BY LESSOR.............................................................................. 1 I C.3. PROPERTY TAXES .................................................................................. I 1 CA. RIGHT OF FIRST REFUSAL TO PURCHASE ....................................... 12 C.5. TERMINATION OF PRESENT LEASE................................................... 12 C.6. TENANT IMPROVEMENT ALLOWANCE............................................ 12 C.7. HAZARDOUS MATERIALS .................................................................... 12 EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: JANITORIAL SPECIFICATIONS i LEASE 900 T14OMPSON STREET MARTINEZ, CALIFORNIA FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on SEP 2 5 2001 JEFFRY FAMILY PARTNERSHIP, EUGENE H. ROSS AND MARJORIE A. ROSS, 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 (the "Premises") described as follows: All of Lot 11 in Block 2 as shown ori the Map of Villa Sites, filed July 17, 1905, in Book C of Maps, page 64, in the Office of the County Recorder of Contra Costa County; and all of Lot 3 in Block 340, Additional Survey of the Town of Martinez, as shown on Maps of record on file in the Office of the County Recorder of the County of Contra Costa, State of California, together with the building improvements thereon and all parking spaces in the lot adjacent to the building. Office space leased to the COUNTY is the north office suite containing approximately 2,650 square feet, commonly known as 900 Thompson Street, Martinez; and the south office suite containing approximately 1,200 square feet, commonly known as 1011 Las Juntas Street, Martinez , as shown on Exhibit "A" attached hereto and make a part hereof. A.3. TERMI: The term of this Lease shall be three (3) years, commencing July 1, 2001 and ending Jul I e 30, 2004. i A.4. RENT: From July 1, 2001 through June 30, 2002, COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental of FOUR THOUSAND SIX HUNDRED TWENTY AND NO/100 DOLLARS ($4,620.00), payable in advance on the tenth day of each month during the term of this Lease. 1 On July 1 of the second lease year (July 1, 2002), COUNTY shall revise the rent then in effect based on the "CPI Factor" (as herein defined). Any adjustment in the rent based on the CPI Factor shall be limited to a minimum of three percent (3%) and a maximum of six percent (6%) per annum and rounded to the nearest five dollars. The CPI Factor shall be applied to adjust the then existing rent ($4,620.00), and the rent for each subsequent lease year will be adjusted by applying the CPI Factor each year through the final lease year beginning July 1, 2003. For example, if the CPI Factor is 6.8% for this twelve month period, the revised monthly rent increase commencing July 1, 2002 shall be computed at 6% increase over the existing rent (the CPI Factor is limited to a maximum increase of 6%) of$4,620.00, or $277.20. Thus the new rent effective July 1, 2002 through June 30, 2003 would be $$4,895.00 ($4,620.00 + $277.20 = $4,897.20 rounded off to the nearest five dollars). The "CPI Factor", as used herein 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 United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers, U. S. City Average, All Items (1982-84=100), or successor of such index. Payme►its shall be mailed to: Eugene H. Ross, 928 Main Street, Martinez, CA 94553, A.5. 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 outlined herein: a. First Option: For a one (1) year term, commencing July 1, 2004 and ending June 30, 2005. b. Second Option: For a one (1) year term, commencing July 1, 2005 and ending June 30, 2006. Tile monthly rent for each of the options herein shall be revised on the CPI Factor during the immediately preceding twelve month period as outlined in paragraph A.4. RENT. The adjustment in the rent based on the CPI Factor shall be limited to a minimum i 2 of three percent (3%) and a maximum of six percent (6%) rounded to the nearest five dollars. It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior written notice of its intention to exercise any option to extend this Lease. However, in the event COUNTY does not give such written notice, its right to exercise any option before termination of the Lease shall not expire until fifteen (15) working days after receipt of LESSOR'S written demand to exercise or forfeit said option. A.6 USE OF PREMISES: The Premises shall be used during the term or extension thereof for purposes of conducting various functions of COUNTY. A.7. UTILITIES: COUNTY shall pay for all gas, electric, water, sewer, and refi►se collection services provided to the Premises. A.8. MAINTENANCE AND REPAIRS: a. LESSOR shall keep the roof and exterior of the Premises in good order, condition, and repair and shall maintain the structural. integrity of the Premises, including the exterior- doors and their fixtures, closers and hinges. COUNTY shall maintain all locks and key systems used in the 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. COUNTY shall replace glass and glazing broken by its employees, agents or invitees; LESSOR shall replace glass and glazing broken otherwise. d. COUNTY shall repair and maintain the electrical, lighting, water, and Plumbing systems in good order, condition, and repair, but LESSOR shall be responsible for major repair or replacement of said systems. For purposes .of this subparagraph d., major repair and replacement shall be defined as an expense which exceeds $500.00 per occurrence. e. LESSOR shall maintain and repair the heating, ventilating, and air- conditioning systems. COUNTY shall reimburse LESSOR the cost of a bi- i 3 i monthly maintenance contract for said systems plus the cost of minor repairs to said systems serving the Premises. Major repair, such as replacement of compressors, motors or refrigerant shall be the responsibility of the LESSOR. f. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and exterior lighting system in good order, condition, and repair. COUNTY will provide or reimburse the LESSOR for tree pruning and removal of debris as needed. g. LESSOR 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 COUNTY. COUNTY shall thereafter maintain, repair, and replace the extinguishers. h. COUNTY shall not suffer any waste on or to the Premises. i. 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 fi-om time to time: To LESSOR: Eugene H. Ross 928 Main Street Martinez, CA 94553 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.10. EXHi13iTS 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. 4 I A.11. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a writing signed by both parties. The headings of the paragraphs and pages are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.13. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, a JEFFREY FAMILY PARTNERSHIP, Political subdivision of the State of EUGENE H. ROSS AND MARJORIE A. California ROSS 94 By 0�-5- Director of General Services Gera1 ffi-y, Par r for the Jeffi-y Fami - Partnershi RECOMMENDED FOR APPROVA By BY �,�! gene H. Ross !iV Director of Capi al Facilities and ' Debt Management ` �t� Marjor' A. Ross Sheriff Coi ner Representative By Cajd O' d4 Lease Manager APPROVED AS TO FORM: SILVANO MARCHES[, County Counsel By 1 J � Deputy t°l Lim 5 LEASE 900 THOMPSON STREET MARTINEZ, CALIFORNIA FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER 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 misconduct, or other intentional act, error or omission of LESSOR, which results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the LESSOR'S share of any and all claims, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent or intentional acts, errors or omissions of the LESSOR, its officers, agents or employees. B.3. ALTERATIONS, 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 from the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR shall repair the damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the Premises are unusable by COUNTY. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at its option, make the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. In the event LESSOR does not so elect to make such repairs (which cannot be made in sixty (60) days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C. A total destruction of the Premises 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 fi-om or on account of LESSOR as long as COUNTY frilly performs hereunder. B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of Default under this Agreement: a. Event of Default by COUNTY I. 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 circumstances may, without limitation hereby, include failure of COUNTY to 7 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 fi-om 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 defaLlit 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 I 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. 13.8. 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. 13.9. 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 neighbors adjacent to the Premises. COUNTY shall conform its use and occupancy of the Premises to the standards and modes of use applicable to a first-class office building. B.If. 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. i I 10 LEASE 900 THOMPSON STREET MARTINEZ, CALIFORNIA FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER 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 janitorial services as shown on Exhibit "B" attached hereto and made a part hereof and certain maintenance, construction, remodeling or like services as requested by COUNTY h-orn time to time during the term of this Lease or extension thereof. COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the costs of the service. LESSOR shall consult with COUNTY and select either licensed, insured contractors or employees of LESSOR to provide the service. LESSOR shall obtain COUNTY'S prior approval on the scope, term, and cost of the contracts. COUNTY shall have the right to change the level of service from time to time by giving LESSOR thirty (30) days' prior written notice, including the right to terminate any or all service, or to require different contractors to provide the service. CA PROPERTY TAXES: COUNTY shall pay to LESSOR within thirty (30) days atter being requested to do so by LESSOR, as additional rental, any City and County taxes levied against Assessor's Parcel 373-154-010, in any year during the term of this Lease or extension thereof which exceeds THREE THOUSAND FOUR HUNDRED "TWENTY-SEVEN AND 88/100 DOLLARS ($3,427.88) which are the taxes for fiscal year 1984-85. I It is understood and agreed that during the last year of occupancy, the taxes shall be prorated between LESSOR and COUNTY according to the number of full months the COUNTY shall have possession of the Premises. 11 CA. RIGHT OF FIRST REFUSAL TO PURCHASE: Should LESSOR or their successor in interest during the lease term or extension thereof elect to sell the Premises, LESSOR shall give COUNTY prompt written notice of such intention to sell and of any bona fide offer. LESSOR'S written notice shall include the asking price and the terms and conditions of such offer to sell. COUNTY shall have thirty (30) days to respond in writing to LESSOR'S written notice. COUNTY shall advise LESSOR of its intent to either purchase or not purchase the Premises. COUNTY shall have sixty (60) days in which to meet the terms and conditions of such offer. If COUNTY does not act within the sixty (60) day period, LESSOR shall be free to sell the property in accordance with the terms and conditions of the offer, subject to the terms of this Lease. This section shall not apply to any sale between LESSOR and family members. C.5. TERMINATION OF PRESENT LEASE: It is understood and agreed that COUNTY now leases the Premises under the terms of a lease dated July 8, 1997. Upon commencement of this Lease, that lease shall terminate. C.6. TENANT IMPROVEMENT ALLOWANCE: As part of the consideration for the lease, LESSOR shall provide COUNTY with a tenant improvement allowance SIX THOUSAND AND NO/100 DOLLARS ($6,000.00). Any tenant improvement expenses that may exceed the COUNTY'S tenant improvement allowance shall be reimbursed to the LESSOR by COUNTY. LESSOR shall comply with the requirements of California Labor Code Sections 1720 — 1861 as they apply to the accomplishment of the tenant improvements provided for COUNTY by the LESSOR. C.7. HAZARDOUS MATERIALS: LESSOR warrants that the asbestos containing building materials (ACBM) in the Premises are in good condition and do not pose a health hazard at this time or in the foreseeable future. COUNTY may inspect the Premises from time to time to monitor the condition of the ACBM. In the event COUNTY, in its sole opinion, determines that all or any portion of the ACBM requires treatment, LESSOR shall, at its sole cost and expense, 12 immediately treat the ACBM in accordance with law. This in no way relieves the LESSOR of any responsibility he may have to inspect the Premises or monitor the condition of the ACQM. LESSOR, its successors, assigns and guarantors, agree to indemnify, defend and hold harmless COUNTY, its officers and employees from and against any and all damages arising from the presence of asbestos or other hazardous materials upon or about the Premises, or arising in any manner whatsoever out of the violation of any law or regulation pertaining to the Premises and the activities thereon, unless such damages exist solely as a result of the negligence or willful misconduct of COUNTY. This indemnification shall survive the termination of this Lease. IOOThompsonlse I.doc 13 � .;..,.F• �i til: - r.- ..._._..--- -- -� I`-• --- - -,•- - /'� �4. '1• � -1 1 —,_la.,rr ,I . . �� I" it kj Ill N _ I J �, .i��f; �'� �`, (17) �*, •�► 'r '��'� CSI, ,�� '�'� �.I ;l�- .._.... ._ _ � -1 .�C)S:J�.� �-I 61 i; ''�� ' `- ,� ) .�"_ %'iffy) � � � , ��. ';;; '� ;►�� ' '�,, ,I � ��,i� � � Je (_?-'�•'I ;1�-( \ ----- —. 111' . ,-------...— ' ,, ... J _.=`=tel ��+. , . ' ��• ----._......... �.. , r •� I n \ 1//1"' Sr 11 t �I r sir[, , �IT, n . •..;:;Tru ',II�;�� + 906 THOMPSON STREET 1011 LAS 'JUNTAS EXHIBIT "B" JANITORIAL SERVICE SPECIFICATIONS DAILY SERVICES 1. -Clean and sanitize all restrooms thorc� each day, including, but not limited to, fixtures, mirrors, hardware, wash basins, doors, and wall surfaces. 2. Disinfect all toilets and wash basins, and mop floors daily. 3. Inspect supplies in restroom dispensers daily and replace as necessary. 4. Break rooms: Wipe down table surfaces, sanitize counter top and sink. Empty trash containers daily. Mop linoleum floor. 5. Vacuum all carpets throughly throughout the premises. 6. Empty all trash containers throughout the premises every day and replace trash container liners as necessary. 7. Remove spots and finger marks from main entry glass, suite and restroom doors, as needed. 3. Dust counter tops, cabinets, tables, low wall partitions, blinds and window sills. Remove cob webs. TWICE YEARLY SERVICES 1. Clean all ventilation grills every six months. 2. Clean all windows, inside and outside, every six months. SUPPLIES AND EQUIPMENT 1. Papel- supplies such as seat covers, towels, toilet tissue, sanitary napkins, soap for dispensers, and hash liners shall be purchased by Contractor. Eugene Ross shall reimburse Contractor for costs under- this section 1. When feasible, all supplies are to be furnished by the case and are to remain in the building. 2. Contractor shall furnish, at its expense, all equipment, tools, and cleaning supplies such as carpet cleaner, disinfectant, wax, and other supplies or chemicals required. MISCELLANEOUS I. Security: Lock all doors and windows, turn off lights, set night lights, and alarm systems before leaving building. _. room clean and landscaping free of debris within a 12-foot area Keep all sidewalks b from the perimeter of the building. (Deviation from the above could be grounds for termination of contract.) 900JSpc 1.wpd