HomeMy WebLinkAboutMINUTES - 09172002 - C.77 To: BOARD OF SUPERVISORS •a CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: SEPTEMBER 17, 2002 COUNTY
C,77
SUBJECT: LEASE FOR THE PREMISES AT 816 MAIN STREET, MARTINEZ ,77
FOR THE CLERK-RECORDER (WLP490) (CP #02-58)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a two-year Lease, commencing September 17, 2002, with Thomas E. Stewart for the
premises at 816 Main Street, Martinez, for occupancy by the Clerk-Recorder, under the terms
and conditions more particularly set forth in the Lease.
2. AUTHORIZE the Director of General Services to execute the Lease on behalf of the County.
3. DETERMINE that the project will not have a significant effect on the environment under Section
15061(b)(3) of the California Environmental Quality Act (CEQA).
4. DIRECT the Director of Community Development to file a Notice of Exemption with the County
Clerk, and DIRECT the Director of General Services to arrange for the payment of the handling
fees to the Community Development Department and County Clerk for filing of the Notice of
Exemption.
FINANCIAL IMPACT
The current fiscal year impact is approximately $6,900.00 for the period from September 17, 2002
through June 30, 2003. The lease payments are funded in the Clerk-Recorder's budget.
BACKGROUND
Approval of the lease will provide office space requested by the Clerk-Recorder. The required lease
payments total approximately $17,000.00 over the term of the Lease.
CONTINUED ON ATTACHMENT: Y S SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON
APPROVED AS RECOMMENDED,. _OTHER
VOTE OF SUPERVISORS
UNANIMOUS{ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS 15 A TRUE
CC: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Leese Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISO S ON THE DATE SHOWN.
U _
Auditor-Controller(via M} Y r
Risk Management(via UM) ATTESTED
Clerk-Recorder(via UM) JOHN SI�YEETEN,CLERK OF THE BOARD OF SUPERVISORS
Thomas E.Stewart(via UM) AND COUNTY ADMINISTRATOR
By
DEPUTY
1:\LeaseMgt\STEVE\816Mainbdol.doc SBV:tb Page 1 of 1 M382(10/88)
LEASE
816 MAIN STREET
MARTINEZ, CALIFORNIA
CONTRA COSTA COUNTY CLERK-RECORDER
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................................................................................................................ 1
A.5. USE OF PREMISES.........................................................................................2
A.6. UTILITIES AND JANITORIAL......................................................................2
A.7. MAINTENANCE AND REPAIRS..................................................................2
A.8. NOTICES..........................................................................................................3
A.9. EXHIBITS AND ATTACHMENTS................................................................3
A.10. WRITTEN AGREEMENT...............................................................................3
A.11. TIME IS OF THE ESSENCE...........................................................................4
A.12. SIGNATURE BLOCK .....................................................................................4
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER.............................................................................................5
B.2. HOLT) HARMLESS .........................................................................................5
B.3. ALTERATIONS, FIXTURES, AND SIGNS...................................................5
B.4. DESTRUCTION...............................................................................................6
B.5. QUIET ENJOYMENT......................................................................................6
B.6. DEFAI TLTS ......................................................................................................6
B.7. SURRENDER OF PREMISES.........................................................................8
B.8. SUCCESSORS AND ASSIGNS ......................................................................8
B.9. SEVERABILITY..............................................................................................8
B.10. WASTE, NUISANCE.......................................................................................8
B.11. INSPECTION...................................................................................................9
SECTION C. SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE................................................................... 10
C.2. SERVICE BY LESSOR.................................................................................. 10
C.3. :HAZARDOUS MATERIALS........................................................................ 10
C.4. INSURANCE.................................................................................................. 11
EXHIBITS
EXHIBIT A. PREMISES
LEASE
FOR THE
CONTRA COSTA COUNTY CLERIC-RECORDER
816 MAIN STREET
MARTINEZ, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES; Effective on S EP 17 2002 , THOMAS E. STEWART,
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
described as follows: Approximately 500 square feet of office space, commonly known
as 816 Main Street, Martinez, California, ("Premises") and more particularly described in
Exhibit A, attached hereto and made a part hereof, together with the non-exclusive use of
the restrooms, break room and common areas. COUNTY shall have use of the
conference room twice a month and may have access to the conference room at other
times when not in use by the LESSOR or LESSOR'S clients on a reasonable basis, after
reserving the conference room with the LESSOR. COUNTY is aware LESSOR rents the
conference room to outside clients.
A.3. TERM: The term of this Lease shall be two (2) years commencing September 17,
2002 and ending September 16, 2004.
A.4. RENT: COUNTY shalt pay to LESSOR as rent for the use of the Premises a
monthly rental payable in advance on the tenth day of each month during the term of this
Lease as follows:
a. THREE HUNDRED THIRTY-EIGHT ANIS 38/100 DOLLARS ($338.33)
for the period from September 17, 2002 through September 30, 2002.
1
b. SEVEN HUNDRED TWENTY-FIVE. AND NO/100 DOLLARS ($725.00)
per month for the period from October 1, 2002 through August 31, 2004.
c. THREE HUNDRED EIGHTY-SIX AND 671100 DOLLARS ($386.67) for
the period from September 1, 2004 through September 16, 2004.
Payments shall be mailed to: Thomas E. Stewart, 816 Main Street, Martinez, CA
94553, or such other place as LESSOR may from time to time designate by written notice
to COUNTY.
A.5. USE OF PREMISES: The Premises shall be used during the term for purposes of
conducting various functions of COUNTY.
A.6. UTILITIES .AND JANITORIAL: LESSON. shall pay for all gas, electric, water
and sewer services provided to the Premises. COUNTY shall pay for refuse collection
and janitorial services and supplies provided to the Premises.
A.7. MAINTENANCE AND REPAIRS:
a. LESSOR shall keep the roof and exterior of the building in good order,
condition, and repair and shall maintain the structural integrity of the
building, including the exterior doors and their fixtures, closers and hinges,
glass and glazing, and all locks and key systems used in the Premises.
b. COUNTY shall keep and maintain the interior of it's Premises in good
order, condition, and repair, but LESSOR. shall repair damage to the interior
caused by failure to maintain the exterior in good repair, including damage
to the interior caused by roof leaks and/or interior and exterior wall leaks.
C. LESSOR shall repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair.
d. LESSOR shall maintain and repair the heating, ventilating, and air-
conditioning systems.
e. LESSOR shall maintain the exterior lighting system in good order,
condition, and repair.
2
f. 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. LESSOR shall thereafter maintain, repair, and replace the
extinguishers.
g. COUNTY shall not suffer any waste on or to the Premises.
h. LESSOR shall be responsible for the correction of any code violations
which may exist in the Premises, provided LESSOR shall not be liable for
correction of code violations which arise out of and are directly related to a
change in COUNTY'S occupancy or use of the Premises.
A.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: Thomas E. Stewart
816 Main Street
Martinez, CA 94553
To COUNTY; Contra Costa County
General Services Department
Lease Management Division
1224 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.9. EXHIBITS AND ATTACHMEN'T'S. Section B, Standard Provisions, Section C,
Special Provisions, and Exhibit A — Premises are attached to this Lease and are made a
part hereof.
A.10. 'WRI'T'TEN 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.
3
A.11. TIME IS OF THE ESSENCE of each and all of the terms and previsions of this
Lease.
A.12. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA. COSTA, a THOMAS E. STEWAR.T
Political subdivision of the State of
California .- �.H.
Thomas E. Stewart
By �6"
•- '� '
Director of General Services
RECOMMENDED FOR APPROVAL:
By
Director of Capital Facilities and
Debt Management
By � 0114, -
Lease Manager
Bys ...-......: .,,K 5� Q{ s a.,.......,.
Clerk-Re`s rder Representative
APPROVED AS TO FORM:
SILVANO MARCHESI, County Counsel
By xu t,Shf T i tw t :4
Deputy 1 a -
4
LEASE
FOR THE
CONTRA COSTA COUNTY CLERK.-RECORDER.
816 MAIN STREET
MARTINEZ, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term or extension of this Lease as
provided hereinabove shall be construed to be a tenancy from month to month, subject to
the terms of this Lease so far as applicable.
B.Z. 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
Cather 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: COUNT'S'' may make any lawful
and proper minor alterations, attach fixtures and signs in or upon the Premises, which
shall remain COUNTY property and may be removed therefrom by COUNTY prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY'S
sole cost and expense, and all signs shall meet with existing code requirements and
LESSOR'S approval.
5
BA. DESTRUCTION:
a. In the event of damage causing a partial destruction of the premises during
the term of this Lease 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 his
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.S. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times
during the terra or extension thereof peaceably and quietly have, hold, and enjoy the
demised Premises without suit, trouble or hindrance from or on account of LESSER. as
long as COUNTY fully 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
1. COUNTY'S failure to pay any Rental within ten (10) business days 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
6
circumstances beyond the reasonable control of COUNTY, which
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 perforin 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
7
immediately address the situation and shall use diluent efforts to correct the
perilous condition.
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 cast 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.S. SUCCESSORS ANIS 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 previsions of this Lease.
B.1€3. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed,
any waste upon the leased Premises, or any nuisance or other act or thing which may
disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the
leased Premises are located.
COUNTY shall conform its use and occupancy of the Premises to the standards
and modes of use applicable to a first-class office building,
8
B.11. IN PBC'TION. 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 eared 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
LEASE
FOR THE
CONTRA COSTA COUNTY CLERK-RECORDER
816 MAIN STREET
MARTINEZ, CALIFORNIA
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.Z. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide
certain 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(100/0) 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 cast 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.
C.3. HAZARDOUSMATERIALS: LESSOR warrants to COUNTY that LESSOR
does not have any knowledge of the presence of hazardous materials or contamination of
the Building or Premises in violation of environmental laws. LESSOR agrees to defend,
save, protect and hold harmless COUNTY from any loss arising out of the presence of
any hazardous materials on the Premises which is not a result of the COUNTY`S use and
occupancy of the Premises. LESSOR acknowledges and agrees that COUNTY shall have
no obligation to clean up or remediate, or to contribute towards the cost of clean up or
remediation, of any hazardous materials that is not caused to be present, released,
discharged or spilled on or about the Premises by COUNTY or any of its agents,
10
employees, contractors, invitees or other representatives. The obligations of this
paragraph shall survive the termination of this Lease.
„Hazardous Materials" is defined to mean any substance, material or waste,
including lead based paint, asbestos and petroleum (including crude oil or any fraction
thereof), which is or becomes designated as a hazardous substance, hazardous waste,
hazardous material, toxic substance or material 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
elfinsurance program covering bodily injury (including death), personal injury
and property damage including loss of use. COUNTY shall provide
LESSOR a letter of self-insurance indicating the aforementioned provisions
and naming LESSOR.as an additional insured.
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
documents reasonably necessary or proper in connection with the settlement
of any claim or loss by COUNTY.
8 16Lseldc c
11
EXHIBIT A.
33.45 33.45
Entry
Kitchen Mens ladles .
20 Storage
Mezzanine
Storage
Stairs Stairs
Cubi+car Computer
Room
Ci�tsicei PREMISES
PREMISES
Cubical Cubical
Building: 3,142 5q. Ft.
Cubical Cubical
Storagel
Mezzanine. "S Sq. Ft.
Cubical
General
Oftice
CONFERENCE
Room
Reception
Ent
816 MAIN STREET, MARTINEZ