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Home My WebLink AboutMINUTES - 07232002 - C72 TO: BOARD OF SUPERVISORS CONTFLA FROM: BARTON J. GiLBERT, DIRECTOR OF GENERAL SERVICES � OTA DATE: JULY 23, 2002 COUNTY SUBJECT: FIRST AMENDMENT TO THE LEASE WITH ARNOLD A. f7 - BERNSTEI'N FOR THE PREMISES AT 3439 MACDONALD AVENUE, RICHMOND FOR THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT 700075 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDAMN APPROVE. and AUTHORIZE the Director of General Services to execute, on behalf of the County, the First Amendment to the Lease with Arnold A. Bernstein for the premises at 3431 Macdonald Avenue, Richmond, for continued occupancy by the Employment and Human Services Department under the terms and conditions more particularly set forth in the First Amendment to the Lease. FINANCIAL IMPACT The rental rate for the extended lease term August 1, 2002 through March 31, 2004 is $12,900.00, an increase of$4,5010.00 per month over the previous rate. Payments are budgeted by the Employment and Human Services Department. BACKGROUND The County has leased the premises since October 1, 1989 for occupancy by the Employment and Human Services Department-General Assistance Program. The current lease term ends July 31, 2002. The lessor, Arnold A. Bernstein, assumed the lease when he purchased the premises in early July 2002. The First Amendment will provide for an extension of the lease term to March 31, 2004 and provide for a three month extension through June 30, 2004. The General Assistance Program will relocate to the County owned building at 1305 Macdonald Avenue upon completion of remodeling anticipated by February 2004. Approval of the First Amendment will allow for the General Assistance Program to remain at 3431 Macdonald Avenue until the remodeling is completed. r CONTINUED ON ATTACHMENT: Y SIGNATUF _ _,�ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO RD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA :- APPROVED AS RECOMMENDED ° OTHER VOTE OF SUPERVISORS A.,_ UNANIMOUS(ASSENT 1 AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT'BARTON J.GILBERT(313-7100) Originating Dept.:General Services Department k HEREBY CERTIFY THAT THIS IS A TRUE cc: General Bandage Dent Divisiortmentn AND CORRECT COPY OF AN ACTION TAKEN Luse Management Division AND ENTERED OWN THE MINUTES OF THE BOARD Accounting OF SUPERVIS„CPS ON,THE DATE SHOWN. Auditor-Controller(via LJM) { Risk Management(vita LIM) ATTESTED ' Employment&Human Services Department{via L!M) JOHN SWE EN,CLERK CHI BOARt3 OF SUPERVISORS Arnold A.Bernstein{via UM) AND COU AbMINIST TOR ` may:% f✓ ,ar BY__ DEPUTY 1:1LeaseMgt\Dave\Employment&Human Svcs\Richmond13431 Macdonald AvetBoard Order.doc DLS:tb Page 1 of 1 M382(10188) FIRST AMENDMENT TO LEASE FOR CONTRA COSTA COUNTY EMPLOYMENT AND HUMAN SERVICES DEPARTMENT 3431 MACDONALD AVENUE RICHMOND, CA 1. PARTIES: Effective on July 23, 2002, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California,hereinafter called "Lessee," and ARNOLD A. BERNSTEIN, hereinafter called "Lessor",mutually agree and promise as follows: 2. PURPOSE: On July 18, 2000, COUNTY and Robert E. Weber, Francine K. Zimmerman and Marie A. Sabatte ("LESSOW') entered into a Lease for those certain premises described as: A one story office building containing approximately 9,555 square feet of office and 835 square feet of mezzanine space, commonly known as 3431 Macdonald Avenue, Richmond, along with parking in. the adjacent lot. On July 9, 2002, ARNOLD A. BERNSTEIN purchased the 3431 Macdonald Avenue property and assumed the July 18, 2000 Lease. The COUNTY and ARNOLD A. BERNSTEIN desire to amend the July 18, 2000 Lease to extend the term of the lease, provide for an option to extend, modify the cancellation provision and modify the property tax provisions. 3. AM,N NT: A. Paragraph A. 3. TE shalt be deleted in its entirety and replaced with the following: A.3. TERM: The term of this Lease shall be three (3) years and eight (8) months, commencing August 1, 20100 and ending March 31, 2004. B. Paragraph A.4. RENT shall be deleted in its entirety and replaced with the following: AA. RENT: COUNTY shall pay to LESSOR the fallowing monthly rental, payable in advance by the tenth day of each month during the term of this Lease: GALeaseMg6Dave\Emp1oyment&Human Svcs\Richmond13431 Macdonald Ave\3431Amendldoc LeasePerio MQnW,v Rental August 1, 2000 through July 31, 2002 $ 8,400.00 August 1, 2002 through March 31, 2004 12,900.00 Rental payments for the period of August 1, 2000 through July 31, 2002 shall be mailed to: 441.8 Fieldcrest Drive, Richmond. Rental payments for the period of August 1, 2002 through March 31, 2004 shall be mailed to: Arnold A. Bernstein 1870 Jackson St., #304 San Francisco, CA 94109 or to any other location as designated by Lessor from time to time. C. Paragraph A.8 NOT( _—shall be deleted in its entirety and replaced with the following: A.B. 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: Arnold A. Bernstein 1870 Jackson St.,#304 San Francisco, CA 94109 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 D. Paragraph C.3. PROPERTY TAXES shall be deleted in its entirety and replaced with the following: C.3. PROPERTY TAXES: For the Lease period of August 1, 2000 through July 31, 2002, COUNTY shall pay to LESSOR within thirty (30) days after being requested to do so by LESSOR., as additional rental, a sum equal to one hundred percent(100%) of the increase, if any, in the City and/or County taxes levied against Assessor's Parcel 516-912-01 which exceed THREE GALeaseMgt\Dave\Employment&Human Svcs\Richmond\3431 Macdes�rtald Ave\3431Amandldoc THOUSAND ONE HUNDRED SIXTY ONE AND 78/100 DOLLARS ($3,161.78) which are the property taxes for fiscal year 1988-89, except COUNTY shall not pay a prorata share of any increase resulting from a change in ownership of the property. If taxes decrease, COUNTY may deduct one hundred percent (100%) of the decrease from the rental due to LESSOR. For the Lease period of August 1, 2002 through March 31, 2004 and any extensions, COUNTY shall pay to LESSOR., as additional rental, a sum equal to one hundred percent (100%) in City and/or County taxes levied against Assessor's Parcel 516-192-010. i Said Property taxes shall be prorated for the first and last years of the Lease term and any extensions. E. Paragraph C.S. CANCELLATIQN is deleted in its entirety and replaced with the following: C.5. COUNTY shall have the right to cancel this Lease at any time after September 30, 2003 by giving the Lessor ninety (90) days prior written notice. F. Paragraph C.8. EXUNSION shall be added and shall read as follow; C.8. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions for three (3) months commencing April 1, 2004 and ending June 30, 2004. It is understood and agreed COUNTY shall provide LESSOR ninety (90) days prior written notice of its intention to exercise said option to extend. However, in the event COUNTY does not give such written notice, its right to exercise said option before the 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. (Remainder of'page intentionally left blank) GALeaseMgf\Dave\Employment&Human Svcs\Richmond1.3431 MacdSiald Ave\3431Amcnd2.doc 4. EFFECT: Except for the amendments agreed to herein, the Lease of July 18, 2000 remains in full force and effect. 5. SIGNATURE BLOCK: LESSEE LESSO, COUNTY OF CONTRA COSTA, a ARNOLD A ERNSTEIN Political subdivision of the State of California By /f Byer� - Director of C ' ral Services RECOMMENDED FOR APPROVAL: ByVVVKI - -14M Director of C i'al Facilities and Debt Management By Representative of Employment and Human Services Department By 'ZW NWa Lease Manager APPROVED AS TO FORM: SILVANO MARCHESI, County Counsel By Deputy G:\LeaseMgt\Dave\Empioyment&Human Sves\Richmond\3431 Macd9pid Ave13431 Amendldoc