HomeMy WebLinkAboutMINUTES - 11052002 - C86 TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: NOVEMBER 5, 2002 COUNTY
SUBJECT: LEASE RENEWAL FOR THE PREMISES AT 2555 EL PORTAL, 6✓.. Dl�!
SAN PABLO FOR THE PROBATION DEPARTMENT (T00320)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION.
1. APPROVE a five-year renewal of the Lease, commencing May 1, 2002, with TSPS Partnership
for the premises at 2555 El Portal, San Pablo for continued occupancy by the Probation
Department, under the terms and conditions more particularly set forth in the Lease.
2. AUTHORIZE the Director of General Services, or designee, to execute the Lease on behalf of
the County and to EXERCISE any options to extend the Lease.
FINANCIAL IMPACT
Renewal of this lease and a significant increase in the monthly rent was anticipated and budgeted in
the Probation Department's approved FY 2002/03 budget. The monthly rent for the period of May 1,
2002 through April 30, 2003 is $14,520.00, an increase of $5,540.00 per month over the last year of
the original lease term. The impact to the current fiscal year is approximately $175,850.00 for the
period from July 1, 2002 through June 30, 2003. The lease payments are budgeted in the Probation
Department's budget.
BACKGROUND
The Probation Department's West County office has occupied the above premises since October 1,
1992. The original lease term ended April 30, 2002. During the negotiations with the Lessor for a
new lease, the County has continued to occupy the premises on a holdover basis. Renewal of the
lease will provide for continued operation of the Probation Department's West County office. The
required lease payments total approximately $967,920.00 over the five year term of the Lease. In
addition, the County has option rights for three extensions at specified monthly rents through April 30,
2013.
4�01e
CONTINUED ON ATTACHMENT: YES SIGNATURE: Q)O&
_ L-J�ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_„_ <PPROVE OTHER
°,, r
SIGNATURES: \ ,t t
ACTION OF BDA O Ie. 5, 2002 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT 1 }
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Lease Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN.
Auditor-Controller(via UM)
Risk Management(via UM) ATTESTED DXYST 5,���U2
Probation Department(via UM) J HN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
TSPS Partnership(via LIM)
D COUNTY ADMINISTRATOR
BY t DEPUTY
L\LeaseMgt\STEVE\2555bdo1.doc SBV:tb Page 1 of 1 M382(10/88)
Zs
LEASE
2555 EL PORTAL
SAN PABLO, CALIFORNIA
CONTRA COSTA COUNTY PROBATION
TABLE OF CONTENTS
SECTION A: BASIC TERMS AND CONDITIONS
A.l. PARTIES ...................................................................................................... 1
A.2. LEASE OF PREMISES................................................................................ 1
A.3. TERM............................................................................................................ 1
A.4. RENT............................................................................................................ 1
A.5. EXTENSION................................................................................................ 5
A.6 USE OF PREMISES..................................................................................... 5
A.7. UTILITIES.................................................................................................... 6
A.8. MAINTENANCE AND REPAIRS.............................................................. 6
A.9. NOTICES...................................................................................................... 7
A.10. EXHIBITS AND ATTACHMENTS............................................................ 7
A.11. WRITTEN AGREEMENT........................................................................... 7
A.12. TIME IS OF THE ESSENCE....................................................................... 8
A.13. SIGNATURE BLOCK ................................................................................. 8
SECTION B» STANDARD PROVISIONS
B.1. HOLDING OVER......................................................................................... 9
B.2. HOLD HARMLESS ..................................................................................... 9
B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................... 9
B.4. DESTRUCTION'......................................................................................... 10
B.5. QUIET ENJOYMENT................................................................................ 10
B.6. DEFAULTS ................................................................................................ 10
B.7. SURRENDER OF PREMISES................................................................... 12
B.8. SUCCESSORS AND ASSIGNS ................................................................ 12
B.9. SEVERABILITY........................................................................................ 12
B.10. WASTE,NUISANCE................................................................................. 12
B.11. INSPECTION............................................................................................. 13
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE............................................................... 14
C.2. SERVICE BY LESSOR.............................................................................. 14
C.3. HAZARDOUS MATERIALS.................................................................... 14
CA. PROPERTY TAXES .................................................................................. 15
C.5. LIABILITY INSURANCE......................................................................... 15
C.S. WAIVER OF SUBROGATION................................................................. 16
C.7. FIRE AND BUILDING INSURANCE...................................................... 17
C.8. LENDER PROTECTIONS......................................................................... 17
C.9. ESTOPPEL CERTIFICATES..................................................................... 18
C.10. ATTORNEYS' AND EXPERTS' FEES.................................................... 18
C.11. TERMINATION OF LEASE AND AMENDMENT TO LEASE............. 18
EXHIBITS
EXHIBIT A: PREMISES
EXHIBIT B: BUILDING ALLOCATION PLAN
EXHIBIT C: JANITORIAL SPECIFICATIONS
LEASE
FOR
CONTRA COSTA COUNTY PROBATION
2555 EL PORTAL
SAN PABLO, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on , TSPS PARTNERSHIP,
hereinafter called "LESSOR.", and the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter called "COUNTY", mutually agree and
premise 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: Levels 1, 3 and 4 consisting of 16,132 square feet of office and
storage space in a two-story office building (the "Building") commonly known as 2555 El
Portal, San Pablo, more particularly described in Exhibit "A" attached hereto and made a
part hereof (the "Premises"). The Building allocation is described in the Building
Allocation Plan in Exhibit"B", attached hereto and made a part hereof.
A.3. TERM: The term of this Lease shall be five (5) years, commencing May 1, 2002
and ending April 30, 2007.
A.4. RENT:
a. Base Rent: COUNTY shall pay to LESSON.as base rent for the use of the
Premises a monthly rental as follows:
Period Monthly Rental
May 1, 2002 through April 30, 2003 $14,520.00
May 1, 2003 through April 30,2004 $15,32.5.00
May 1,2004 through April 30, 2005 $16,130.00
May 1, 2005 through April 30, 2006 $16,940.00
May 1, 2006 through April 30, 2007 $17,745.00
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b. Rent Reduction: Effective May 1, 2002, the monthly rental shall be
reduced by an amount equal to LESSOR'S 20% proportionate share of
monthly utilities (including gas, electric, water, sewer and refuse collection,
as defined in paragraph A.7. of this Lease), and any maintenance and repair
expenses paid by COUNTY for maintenance and repair items that are
LESSOR'S responsibility under paragraph AX MAINTENANCE AND
REPAIR, hereinafter called"LESSOR'S Share." The initial estimate of the
LESSOR'S Share for the period May 1, 2002 through the end of the current
COUNTY fiscal year, June 30, 2002, is ONE THOUSAND AND NO/100
DOLLARS ($1,000.00) per month. Commencing May 1, 2002,
COUNTY'S monthly rental is reduced by $1,000.00 per month, hereinafter
called "COUNTY Rent Reduction". Any discrepancy between the
estimated amount of the LESSOR'S Share and the actual amount of the
LESSOR'S Share shall be determined and reconciled as follows: within
ninety (90) days after the end of the current COUNTY fiscal year (and
every COUNTY fiscal year thereafter, ending June 30, including the
extension periods should COUNTY exercise its' options to extend the
Lease), or as soon thereafter as practical, COUNTY shall provide to
LESSOR a statement setting forth the total amount of the actual expenses
incurred for utilities, maintenance and repair for the preceding COUNTY
fiscal year, hereinafter called "Statement", which amount shall be
determined at the sole discretion of COUNTY. If, based on the Statement,
it appears that the amount of the COUNTY Rent Reduction is greater than
the LESSOR'S Share, then within a reasonable time after the Statement is
issued, COUNTY shall pay to LESSOR the amount by which the COUNTY
Rent Reduction exceeded the LESSOR'S Share, If, based on the Statement,
it appears that the amount of the LESSOR`S Share is greater than the
amount of the COUNTY Rent Reduction, then the amount by which the
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LESSOR'S Share exceeds the COUNTY Rent Reduction shall reimbursed
to COUNTY in one lump sum payment from LESSOR. If there is a
discrepancy between the amount of the LESSOR'S Share and the
COUNTY Rent Reduction, the parties may amend this Lease to revise the
amount of the COUNTY Rent Reduction. Absent such amendment to this
Lease, reconciliation of the LESSOR'S Share and the COUNTY Rent
Reduction shall continue to be made at the end of each fiscal year.
No later than thirty (30) days following the date the Statement is
issued, LESSOR or its authorized agent shall have the right to inspect
COUNTY'S books during regular business hours for the purpose of
verifying the information in the Statement, upon reasonable notice and the
scheduling of an appointment with COUNTY staff. If, following such
inspection, LESSOR continues to disagree with the accuracy of the
Statement, LESSOR may initiate an audit to be conducted by a certified
public accountant of LESSOR'S choice at LESSOR'S expense. A copy of
the audit shall be provided to COUNTY. If, following the audit, the parties
continue to disagree, either about the accuracy of the Statement, the
LESSOR'S Share or the COUNTY Rent Reduction, LESSOR may request
that the matter be submitted to binding arbitration before a single neutral
arbitrator, selected jointly by the parties.
The sole purpose of the arbitration shall be to determine the accuracy
of the Statement and, on that basis, to establish the amount of the
LESSOR'S Share and the COUNTY Rent Reduction for that COUNTY
fiscal year in question. The arbitrator shall have substantial experience in
the geographic real estate market where the Premises is located. The
arbitrator shall conduct an arbitration under the provisions of the
commercial arbitration rules of the American Arbitration Association. The
arbitration shall be conducted in Contra Costa County, California, unless
3
the parties agree in writing to another location. If the parties cannot agree
on an arbitrator within the thirty (30) day period, the matter will be
submitted to the American Arbitration Association ("AAA") for the
immediate selection of the arbitrator. Costs and fees of the arbitrator shall
be borne by the nonprevailing party unless the arbitrator for good cause
determines otherwise. Each party shall pay its own attorneys fees, expert
and nonexpert witness expenses and other costs and expenses incurred in
connection with the arbitration. If the arbitrator finds that the amount of the
COUNTY Rent Reduction for the period in question was greater than the
LESSOR'S Share then, within sixty (60) days after receipt of the
arbitrator's decision, COUNTY shall pay to LESSOR the amount by which
the COUNTY Rent Reduction exceeded the LESSOR'S Share. If the
arbitrator determines that the amount of the LESSOR'S Share for the prior
COUNTY fiscal year was greater than the amount of the COUNTY Rent
Reduction, then the amount by which the LESSOR'S Share exceeds the
COUNTY Rent Reduction shall be deducted by COUNTY from the
COUNTY'S payment(s) of monthly rent following receipt of the arbitrator's
decision.
Cinder no circumstances shall any claim or dispute between the
parties arising out of or related to the Statement or the computation,
reconciliation or amount of the COUNTY'S monthly rent, the COUNTY
Rent Reduction, the LESSOR'S Share, or payment of any amount to
reconcile the COUNTY Rent Reduction with the LESSOR'S Share
constitute a default or grounds for termination of this Lease.
The monthly rent shall be payable in advance on the tenth day of each month
during the term of this Lease. Payments shall be mailed to: LESSOR. at 200 Parr
Boulevard, Richmond, CA 94801 or other location as designated by LESSOR.
4
e,
A.S. 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 May 1, 2007 and ending
April 30, 2009, the base monthly rent shall be as follows:
Period Monthly Rent
May 1, 2007 through April 30, 2008 $18,550.00
May 1, 2008 through April 30, 2009 $19,355.00
b. Second Option: For a two (2) year term, commencing May 1, 2009 and
ending April 30, 2011, the base monthly rent shall be as follows:
Period Monthly Rent
May 1, 2009 through April 30, 2010 $20,165.00
May 1, 2010 through April 30, 2011 $20,970.00
C. Third Option: For a two (2) year term, commencing May 1, 2011 and
ending April 30, 2013, the base monthly rent shall be as follows:
Period Monthly Rent
May 1, 2011 through April 30, 2012 $21,780.00
May 1, 2012 through April 30, 2013 $22,585.00
It is understood and agreed that in the event COUNTY decides to exercise its right
to exercise any option to extend the Lease, COUNTY agrees to give LESSOR written
notice. Said notice may be given at any time during the lease term or any extended term.
However, irrespective of such notice, COUNTY'S right to exercise any option shall not
expire until COUNTY receives from LESSOR a written demand advising COUNTY that
it must exercise the option or face forfeiture of this right. In the case of such a demand,
COUNTY shall have fifteen (15) working days following receipt of the demand to
exercise the option, otherwise the option will be forfeited.
A.6 USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting various functions of COUNTY.
5
A.7. UTILITIES: LESSOR is responsible for twenty percent (20%) and COUNTY is
responsible for eighty percent (80%) of all gas, electric, water, sewer and refuse
collection services provided to the Premises. Subject to the COUNTY'S right to
reimbursement under subsection b. Rent Reduction of paragraph AA RENT above,
COUNTY shall pay for all gas, electric, water, sewer, and refuse collection services
provided to the Premises.
A.B. MAINTENANCE AND REPAIRS:
The COUNTY and LESSOR are responsible for maintenance and repair as
follows:
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. COUNTY'" shall maintain and repair 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 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 repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair for the Premises.
d. COUNTY shall provide routine maintenance, servicing and repair of the
heating, ventilating, and air-conditioning systems. LESSOR shall be
responsible for major repair or replacement of said systems.
e. COUNTY shall maintain the parking lot, landscaping, sprinkler system, and
exterior lighting system in good order, condition, and repair.
f. COUNTY shall provide and install, at the direction of the Fire Marshal, the
necessary number of A-B-C fire extinguishers for the Premises. COUNTY
shall thereafter maintain, repair, and replace the extinguishers.
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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.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 from time to time:
To LESSOR: TSPS Partnership
200 Parr Boulevard
Richmond, CA 94801
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4712
A.10. EXHIBITS ANI)ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, Exhibit A -- Premises, Exhibit B — Building Allocation Plan and
Exhibit C—Janitorial Specifications are attached to this Lease and are made a part hereof.
A.11. MMITTEN 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.
7
11110
A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Tease.
A.13. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a TSPS Partnership
Political subdivision of the State of
California
BV., ".
Gerald D. Overaa, Manaift Partner
By
Director of General Services
RECOMMENDED FOR APPROVAL:
By4 &�WJ , -
6�4 --
Director of Capital Facilities and
Debt Management
By � �
Tease Manager
By
Probation Department Represen Live
APPROVED AS TO FORM:
SILVANO B. MARCHESI, County
Counsel
By !!� ._
Deputy
8
LEASE
FOR
CONTRA COSTA COUNTY PROBATION
2555 EL PORTAL
SAN PABLO, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. BOLDING 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. MOLD 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 and/or building owned and maintained by the LESSON 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
LESSOWS 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.
9
12,
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 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
Premises without suit, trouble or hindrance from or on account of LESSOR 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
10
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 terns 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,
11
LESSOR shall use reasonable efforts to immediately address the situation and
shall use diligent 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 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 extension thereof,
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 is held to be invalid by
any court of competent jurisdiction, the invalidity of any such provision shall 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 Building 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.
12
B.11. INSPEC'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 cared for, that no waste is being made, and that all
things are done in the manner best calculated for the preservation of the property, and in
full compliance with the terms and conditions of this Lease.
Remainder of Page Intentionally Left Blank
13
LEASE
FOR
CONTRA COSTA COUNTY PROBATION
2555 EL PORTAL
SAN PABLO, 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 janitorial services (as outlined in Exhibit C), maintenance, construction,
remodeling or like services beyond those which are the LESSOR'S responsibilities as
specified in Paragraph A.8, 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 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.
C.3. HAZARDOUS MATERIALS: COUNTY has been informed that there are
asbestos containing building materials in certain locations on the Premises. 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 not the 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
14
-17
to be present, released, discharged or spilled on or about the Premises by COUNTY or
any of its agents, 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. PROPERTY TAXES: COUNTY shall pay as additional rent to LESSOR, within
thirty (30) days following LESSOR'S request, 80% of the City and County taxes levied
against Assessor's Parcel Number 416-140-047. COUNTY shall not pay any increase in
taxes resulting from a change in ownership of the property.
It is understood and agreed that during the last year of COUNTY'S occupancy,
said taxes shall be prorated between LESSOR and COUNTY according to the number of
full months COUNTY had possession of the Premises.
C.S. LIABILITY INSURANCE:
1. Self Insurance: It is understood and agreed that the COUNTY is self-insured,
and the coverages described below shall be maintained under its self-insurance
program.. Evidence of self-insurance shall be provided to LESSOR.
The COUNTY'S self insurance coverage does not extend to those areas to
be maintained by the LESSOR under this Lease, nor to negligence, willful
misconduct or other intentional act, error or omission of LESSOR, its officers,
agents or employees.
2. Policies: If COUN'T'Y ceases to be self-insured, COUNTY shall purchase at its
sole expense and keep in force during the term of this Lease, a policy or
policies or comprehensive liability insurance, including public liability and
property damage occurring in, on or about the Premises with limits of liability
of not less than THREE MILLION DOLLARS ($3,000,000.00) single limit.
15
Certificates evidencing the insurance described in this paragraph C.5, shall be
delivered to LESSOR by COUNTY upon termination of its self-insurance
program or upon commencement of the term or any sublease and upon each
renewal of the insurance. LESSOR reserves the right to increase the minimum
limits of coverage at intervals of no shorter than one (1) year if, in the opinion
of LESSOR or of the insurance broker retained by LESSOR, said coverage is
inadequate or commercially unreasonable. The policy or policies shall:
A. Be issued as primary insurance and non-contributory with any insurance
that may be carried by LESSOR;
B. Marne LESSOR as additional insured;
C. Be issued by an insurance company with a numerical rating of at least XIV
and a letter rating of at least A plus in the most recent edition of Best's
Guide Insurance Reports;
D. Provide that the insurance shall not be substantially modified or canceled
unless thirty (30) days' prior written notice shall have been given to
LESSOR;
E. Contain deductibles in an amount no more than TWO THOUSAND
DOLLARS ($2,000.00); and
F. Cover the indemnity provisions of this Lease.
CA WAIVER OF SUBROGATION: LESSOR and COUNTY shall each obtain
from their respective insurers under all policies of fire, theft, public liability, worker's
compensation, and other insurance maintained by either of them during the term or
extension hereof insuring the Building or any portion thereof, a waiver of all rights of
subrogation which the insurer of one party might have against the other party, and
LESSOR and COUNTY shall indemnify the other against any loss or expense, including
reasonable attorneys' fees, resulting from the failure to obtain such waiver.
16
17
C.7. FIRE AND BUILDING INSURANCE: COUNTY shall, at its sole cost and
expense during the term of this Lease or extension thereof, maintain fire, vandalism,
malicious mischief, extended coverage insurance in the amount of $2,750,000.00.
However, COUNTY may, at its option, have a self-insurance retention at its own
determination of amount, naming LESSOR as additional insured.
As part of the consideration for this Lease, COUNTY shall pay to LESSOR an
annual fee of$2,500.00 for building insurance administrative expenses.
C.S. LENDER PROTECTIONS: LESSOR shall have the right at any time and
without notice to or consent of COUNTY, to obtain a deed or deeds of trust, mortgage or
mortgages or other lien or encumbrance of any nature securing payment of any amount or
amounts secured in whole or in part by LESSOR'S interest in the Building or this Lease
or any part thereof ("LESSOR'S Mortgages"). This Lease shall subordinate to
LESSOR'S Mortgages, including without limitation, any and all additional mandatory or
discretionary future advances thereon and any and all renewals, modifications, and
consolidations, replacements, and extensions thereof, whenever made or recorded;
provided, however, COUNTY'S right to quiet possession of the Premises during the term
or extension thereof shall not be disturbed so long as COUNTY pays all rent and
performs all of COUNTY'S obligations under this Lease and is not otherwise in default.
If the holder of any LESSOR'S Mortgage elects to have this Lease prior to the
LESSSOR'S Mortgage and gives COUNTY prior written notice thereof, this Lease shall
be deemed prior to the LESSOR'S Mortgage without further documentation.
If LESSOR'S interest in the Building is acquired by the holder of any LESSOR'S
Mortgage under a deed of trust or mortgage, or by any other purchaser at a judicial or
non judicial foreclosure sale, COUNTY shall attorn to the transferee of or successor as
LESSOR under this Lease. COUNTY waives the protection of any statute or rule of law
which gives or purports to give COUNTY any right to terminate this Lease or surrender
possession of the Premises upon the transfer of LESSOR'S interest.
17
C.9. ESTOPPEL CERTIFICATES: Upon LESSOR'S written request, and at any
time or times during the term or extension thereof, COUNTY shall execute, acknowledge,
and deliver to LESSOR or the holder of any LESSOR Mortgage a written statement
certifying: (i) that none of the terms or provisions of this Lease have been changed (or if
they have been changed, stating how they have been changed); (ii) that this Lease has not
been canceled or terminated; (iii) the last date of payment of rent and all other charges
and the time period covered by such payments; (iv) that LESSOR is not in default under
this Lease (or, if LESSOR is claimed to be in default, stating why); and (v) such other
matters as may be reasonably required by LESSOR or the holder of a LESSOR Fee
Mortgage to which the Building is or becomes subject. COUNTY shall deliver such
statement to LESSOR within ten (10) days after LESSOR'S request. Any such statement
by COUNTY may be given by LESSOR to any prospective purchaser or encumbrancer of
the Building or to any title insurer. Such purchaser, encumbrancer or title insurer may
rely conclusively upon such statement as true and correct.
C.10. ATTORNEYS" AND EXPERTS' FEES: If LESSOR and COUNTY brings any
action or arbitration to interpret or enforce this Lease, or for damages for any alleged
breach hereof, the prevailing party in any such action or arbitration shall be entitled to
reasonable attorneys' and experts' fees as awarded by the court or arbitrator, in addition
to all other recoverable damages and costs.
C.11. TERMINATION OF LEASE AND AMENDMENT TO LEASE: It is
understood and agreed that COUNTY now leases the Premises under the terms of a Lease
dated April 16, 1.996 and a First Amendment of Lease dated November 1, 1998. Upon
commencement of this Lease, said April 16, 1996 Lease and said November 1, 1998 First
Amendment to Lease shall terminate.
2555be5.doe
18
E T "Alt
PREMISES
A portion of Lot 135, as shown on the map of "Map of San Pablo Rancho,
accompanying and forming a part of the Final Report of the Referees in Partition," filed
March 1, 1894, in the office of the County Recorder of Contra Costa County, more
particularly described as follows:
Beginning on the east line of the 5.3548 acre parcel of land described as Area ".A" in
the deed from the 'United States of America to the Housing Authority of the City of San
Pablo, recorded.April 20, 1955, in Book 2518 of Official records, page 101, distant thereon
North 0° 06'40"East, 844.06 feet from the north line of the road known as County.Road No.
20; thence from said point of beginning South 47* 08' 42" Fest, 396.45 feet; thence
northerly along the arc of a curve to the left with a radius of 490 feet, the center of which
bears South 73° 23' 15" Nest, through an angle of 26* 05' 55" an arc distance of 223.20 feet
to a point from which the center of said curve bears South 47* West;thence North 47° 08'
42" East,264.95 feet to a point on the north line of said 5.3548 acre parcel of land(2518 OR
101); thence North 89° 54' East along said North line, 206.10 feet to the east line of said
5.3548 acre parcel of land(25 18 OR 101);thence South 0* 06'40" West along said east line,
103.20 feet to the point of beginning.
Page 1 Of
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Page 2 of
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EXHIBIT
CONTRA.CO.STA COUN'T'Y .
GENERATE CLEANING SPECFICA.TIONS
SERVICE LEVEL."A!'
SERVICE:The scope of work is as follows:
A. Exterior:
1.Nightly
a) Extanal Area:Empty trash containers and ashtrays-into dumpster.
b) Sweep external lobby-entry way from entry door to.=b.
c) -Sanitize:�and polish all drinking fountains.
2. Semi-Annual
a) High pressure wash external lobby entry way from entry door to curb.
B. Lobby.Public. Common. Office.Classroom,and StaffRoom:
1. Nightly
a) Carpeted Areas:Thoroughly vacuum and spot clean carpets and floor mats to
rernove,spots and spills.
b) Uncetpeted Areas:Thoroughly sweep(being:sure to pickup all dust balls)and
.spot mop with a gmrmicidall solution to remove all marks,spills and stains.
c) 'tAt'alls,Doors,and.Frames:Spot clean to remove all fta marks and smudges.
thoroughly clean all glass entry way doors.
d) Drinking Fountains: Sanitize and polish.all drinking
fountains.
e) Light Bulb Replacement: Check for burned out light bulbs and replace(less than
15 feet high). Contractor to notify GSD-Custodial Services at 9251646-.5"10-0 of
supply needs.
Page 1 Of 4
EXHIBIT C
f) Trash Can and Liners:Empty all trash cans and replace liners as necessary.
1) Counter Tops:Wash reception and kitchen counter tops,where applicable.
h) Waste Materials:Break down cardboard and place at Recycle Pickup Point.
Other waste materials to bG depositeid`in-outside trash dumpster.
i) Gum Removal:Remove all gum from under tables and chairs where applicable.
2. Semi Weekly(2x)
a)Uncarpeted Areas:Remove area rugs/mats, sweep and damp:mop to remove all loose dirt and
grit Thereafter buff all vinyl,the and linoleum,floors to an uniformly bright condition as required.
3. Weekly
a). Carpeted Areas& Carpet Mats: Thoroughly vacuum and edge carpeted floors
using pile lifter to,remove all=bedded dirt and.grit,
b) Chairs&Tables:Thoroughly wipe down all.chairs and tables with a mild germicidal solution,
leaving the same in a -free condition(pay particular attention to the children's reading areas
in all library locations).
4. Monthly,
a) :Dust: all mini-blinds,partitions,windowsills, and other horizontal surfaces.Remove all
cobwebs from walls and ceilings including ventilation grills 15 feet or less.
b) Wipe all telephones with treated dust cloth.
5.--Bi-Monthly(Every 2 months)
a)Area Rugs and Carpets:Thoroughlyxacuun4 edge,anis"Bonnet Buff all carpeted areas and area
rugs.
6.Yearly
a)Uncarpeted Areas:Completely strip down all vinyl,tile, and linoleum floors to the bare floor
surface,totally free of any wax;.seeltr-or other finish.After stripping,apply 3 coats of finish.'At the
next service date,or after 24 hours, buff the floors to a uniformly bright condition.Walls,
baseboards,furniture and adjoining carpeted areas shall be free of wax,water,and other marks.
Page 2 of 4
EXHIBIT C
b) Carpeted.Arca and Area Ru ts:.Thoroughly vacuum„ hot water� ll carpeted floors
including stairways,and area rugs to remove any:spots,stains or other sills,and leave same in a
uniformly clean condition. (Fridays only for
Community Services and "Others"; Saturday for Library to allow for drying.)
c) Windows:Wash windows inside and out and wipe window sills.
d) Window Blinds: R=emove,wash'and rehang window blinds as required.
e) Light Future and Diffusers:Wash and clean all light fixtures and diffusers,15 feet and lower.
C.Restrooms
1.Nightly
a) Uncarpeted Areas: Sweep clean and remove all debri=s-from floors.Wet 3mop:using a germicidal
detergent pay particular attention to corners and,areas around the
toilet and under urinals.
b)Metal Fixtures:Wash and polish all mirrors,powder shelves,bright work(including exposed
pipi=ng below wash basins and behind toilet fix=tures),towel dispensers, receptles,metal
potations,and any other metal accessories.Contractor shall use only non-abrasive, non-acidic
materials to avoid dama=ge to metal fixtures.
e)Ceramic Fixtures:Wash and disinfect all basins,including faucet handles,bowls, and urinals and
ale walls around the urinals with a germicidal detergent.solution.Wash both sides of all toilet seats
with a non-abrasive cloth/sponge and a germicidal.solUdon and wipe dry. Special cage
must be taken to inspect and clean areas of dif iicult access, such as underside of toilet bowl rings
and urinals to prevent building up of calcium and iron oxide deposits.
d)Dispense:Fully restock all dispensers nightly,exclu=ding the sanitary napkin machine.
e)'Trash Cans and Liners: Empty trash cans and sanitary napkin disposal container and replace ..
liners,
()Dusting: Dust the edges of all partitions,ledges,and mirror tops.
2. Bi-Weekly
a)Restroom Floors: Sweep,damp mop, and thereafter buff all hard surfaces,accept ceramic .
surface,leaving the floor in a streak free and uniform condition.
3. Monthly
a)Drains: Four water down floor drains to prevent gaseous odor.
4. Every 4 Months
Page 3 Of 4
EXHIBIT C '
i
a)Chemical Enzyme Solution:Pour a chemical enzyme solution(specified by.County)down all
floor drains.
D. Stairwells:
1. Weeldy
a) Uncarpeted Stairs:All uncarpeted stair treads and landings will be swept with a treated dust
mop daily and-spot cleaned as necessary,'to remove allspills and stains.
b) Carpeted Stairs:.Carpeted stairs will be vacuumed and spot'cleaned to remove all spills.and
stains.
c), Stair Rail:Wipe down all stair rails.with a..germicidal.solution.
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