HomeMy WebLinkAboutMINUTES - 09162003 - C.48 BOARD SUPERVISORSCONTRA
FROM:: BARTON ON J. GILBERTJ-DIRECTOR OF GENERA=L SERVICES COSTA
DATE: SEPTEMBER 16, 2603 COUNTY
5 =�T: LEASE FOR THE PREMISES AT 4333 PACHECO BOULEVARD,
MARTINEZ FOR THE HEALTH SERVICES DEPARTMENT
(T 6 37)
SPEC#FiC RE UES7(S)OR RECOM.- ENDA7ON(S)&BACKGROUND AND v WAS T MCAMN
RECOMMENDATION
I, APPROVE a Lease i er,,e a':, commencing September 1, 2603, with Richard A. Wilson, Kathieen
A. Wlson, Charles S, O'Connor and Marilyn O'Connor for the premises at 4333 Pacheco
Boulevard, ��_ �� �, for continued occupancy by the Health Services Department, Hazardous
Mater Division, under the terms and conditionsmore particularly set fob in the Lease.
26 AUTHORIZE the rtor of General Services, or designee, to execute the Lease on, < of,
the County and to EXERCISE any options to extend the Lease,
FINANCIAL IMPACT
The lease payments for the 2063-2064 fi5C l year totaling $84,606 hags been included in the ea t
Services Department budget,
BACKGROUND
`The Hash] Services Department has leased this building since 1986, The three-year ;ease renewal
begins September 1, 2.003 and ends August 31, 2606, at a rate o $7,000 per month during the tare,
an ncmase of 1370 per month over the previous rate. There are two 2-year options 'or r n w . The
Lease renewall renewwill provide approximately 6,256 square feet of office space for the Hazardous
Materials D vl gin, as requested bythe Health Services Department.
1..
-e 0 0 N EC CN ATTACHM N YES SIGNATURE:
-' COMME'"3A"':0N OF CCj-.N 'ADWN;S".RA7O.R RECOMMENDAT.^N'O BOARD COMM! c
VE ®0THER
SfG NAT` R n 1S).
a C ;O€ti v^BOATID ON APPROVED AS RECOMMENDED . ., OTHER
VC`jE CF SdFEK`IiSCRS
r
L m UNAMIMOUS;ASSENT
AYE'S: NOES:
ABSENTS: ABSTAIN:
ME:DA CONTACT;BARTO'J,G«SERT(313-7100)
Originatii?g Dept.:c-enera?SerV' s-Depa;time:t
cc: General Se.rV;ces Depat ent 1 HEREBY CERTIFY THAT`%?IS'S A TRUE
ease 1.9nagemen.t mv�sfon AND i56RRECT CCrY OF AN ACS€Giv TAKEN
AND ENTERED CSN THE;3v lNUTES OF THE BOARD
Accoumt!,ng OF S: E'WSC�S ON 7HE DATE S:owV .,.
Sk Mar--age?ant(`Jai ol'..) AT"ES iE ,
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eaxlh Se J ces'De a �t
tent(V#a LJM) JCyi�i SIe+EETE? C Lupi )f�z 6 OF SAtt/iSORS
C .a,es S.ocwrno';at si(Via UM) AND COUNTY ACV:..N'ISTRATOR
5y F
Y_ DEPUTY
I:I�ease Ig;1C a A 1_e ase-:ies\I!a�i�ez1w333 Pacheco S4vd\Ed Crder.doc CGS:cbPage 1 of 1 U1392(10/83)
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LEASE
TABLE OF CONTENTS
4333 Pacheco Boulevard
Martinez, California
Health Services Department
SECTION A: BASIC TERIMS AND CONDITIONS
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SECTION B- STANDARD PROVISIONS
B.11 , ....... ... .......... ~^'`'^^^`~—'--...... ~^'^~-------' 6
B.2. HOLD ..........--- .........------ ....... ---....~--.— h
B.-311. SIGNS. ....,.~.... ......... ..—~.......^.. 6
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B.I I. INSPECTTONK .....^ .................. 9
SECTION C: SPECIAL PROVISIONS
{`.}. ASSTGN-IMENT OR SUBLEASE—..------.~-----......-....—. }�
C.7. SERVICE, BY LESSOR--...------'~^^-----^'^'--~----~''^^ }�
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EXHIBITS
EXHIBIT A & B. PREMISES
LEASE
FOR
CONTRA COSTA COUNTY HEALTH V RTME `
4333 PACHECO BOULEVARD
MARTINEZ, CALIFORNIA
SEC'T'ION A. BASIC TERMS AND CONDITIONS
A. WILSC) , CS E S. 'COIN , A O'C NNNOR, hereinafter
calie "L–SSO ", and �`the � v ICOF "�T COSTA, a pd0 41t Cal su visim of a
t r '� ar^Gv F"s t.] �� r'} X .av R`< promise
_n
ate oo � a forma. �ereina�er call d L _ , at3aal y agree and w romise as f llo as.
A.2. LEASE OF PREMISES; LESSOR, for and in cons.-de ton of the rents, hereby
ceases to COUNTY, and COT-TIN.Ty leas. x ESSO certain r i.-s consisting o
o °ce anG` warehouse space p`us adjacent parking and fenced storage area, co rm only
known and odesi n.ated s 4333 Ilacheco Boulevard,, MI leg California, Assessor's 'l-Parcel'
No, 380--1 80-010 anal mor particularly desc.rbed in Exhibits A and - which are attached
hereto and made a dart hereof.
C01- 'T Y !-,-.as leased the Prernises, w ic A originally cor'sisteld of appromir-natesy
3,210 square feet olf office and 3,000 square f�-ee of warehouse space, since March 1, 1986,
During the intervening vears atON'[ ;''S sole cost and exPer se, u' ' 'Y has
rlernod eleLd ` A ��_sdng1oft area of th-e Premises creatimg an additional 2,276 useablesquare
feet of-office space, resulting in a total of 5,'526 square feet of ofnice space. it Is understood
and agreed that ftir the purpose of caleulatiri- any rent payments, the additional 2,276
square feet are not to be included, and only the figure of 3,250 square feet cif office space
plus 3,000 square feet car rare:o use space shall be used.
A.1 TERM. The t r;-,I'l ob t�Ljs - -as- shall be throe 2) years, c mnitro upt mer 1,
2003 and ending August. 31, 2006.
A.4. ` , ON- v. s:air pay to LESSOR as rent for the use of the Premises a
on ^.y .re .tal of SEVEN USA '-N N01100 1�
D -ARS ($7,000.00.), payable it
advanCle on the teeth day of each rnontlr during t e term of this Lease, Ilayments shall be
V
b� C TUNN` 'Y sinal= keep and maintain the interior of he Premises in good order,
condition, and repair, including glass and glazLing and all locks and fey
systems ;used ha the Premises but LESSOR shall repair damage to he interior
caused by faillure to maintain the exterior an good repair, frac rr� damage 4o
�^�
5 Y
the i terior cause by rood "ca s a:�dlor interior and, exteriora-, leak.s.
C01UNT,Y seal repair and rnairitlahn the interior electrical, lighting, grater, and
plumbing systems in good order, condition, and repair, including replacement
any and tri a lams and repair or rep acement of any defective or
noi
sy Iallas`ds ill the `gI msystem, a SO shall maintain the el--tr ca'
aal.
OUNTY shat mamtedn an repair the heating, ve ti bs g and ��
conditioning (FIVA ; sys:e r:s. LESSOR sha, be responsible for major
repair and/ter replacement of the HVAC systems unless the :ajar rash or
replacement, is because of COUNTYg to re to maintain the
systems as specs ied above. A major repair shall be defined as wn expense
which exceeds $1,000,00 per occurrence.
C. LESSOR suis maintain the parking lot and exterior lighting system in good
o er, condition, and repair, COUNTY shall maintain the landscaping and
sprinkler system.
f. At the €irection of the IF ire Marshal, COUNT yr shall rovi'e, nsta'l, repair
and maintain the accessary number of A-B-C fire extinguishers or the
Premises.
n COUNT Y shall not s 'der ainy waste on or to the Premises.
h. LESSOR sha*l be res onsiNe for the correction of any Coes violat-lonis which
:may exist J.P. the Premises, provided LESSOR shall not be fla le for correction
of code violations tic . arise out of and are directly related to a change Ln
COU Y'S occupancy or use of trc Premises.
i. COUNTY shall maintain the security alarm system.
- 3n
m 'led to -, -�-SSOR at- P,O. Box 31553, Walnut Creek CA 944,98 or to any otherllocation as
designated by -ESSO from time to time.
A.5. EXTENSION- This Lease may, at the option of the, COUNTY, bje -extended upon
the same terns and conditions, except the rental s hall ve adjusted as follows:
a. a lrst ptl n: b or a two (2) year tern, commencing �eptembes 1, 2006 and
ending gust 31, 2008, at a rental as follows:
1`` ,'tion Period
Monthly-Rent
Sep. 1, 2006 -Aug, 31, 2007 $7,420.00
Sep. 1, 2007 -Au& 31 , 2008 $7,570.00
Second Option: or a two (2) year term, comm—encin.g S pte ber 1, 2008
and ending August 31, 2010, at a rental as follows;
223 ont_h1 Rent
�a� �n ��r��d
;yep. 1, 2008 -Aug, 31, 2009 $7,7200.00
Sep. ", 2009 -Aug. 31, 2010 $7,8751.00
It is understood a�€d agreed. O 4TY shall give LESSOR thirty (30) days prior
€gar, ten notice of its intention to exercise any o tion to extend this Le se. '--o ever, .n the
evon t CO'LiNNTY does not give such written notice, its --right to eXer ise any option before
terminationf t h : � I sh�il nit e)pare until f5 een (15) working days after receipt of
LESSOR'S written demand to exercise or forfeit the option.
A.6, s PREMISES: The Premises shall be -.sed during the tern or extension
thereoy o: nurooses of comducting various f;�nc-ons of COLT a��, its sublessees or
Lr ! s
A.7. UTILITIES AND JANITORIAL- COUNTY shall pay for all gas, electric, grater,
serer, and refuse collection services to tn-W Premises and shall provide its own Janitorial
A.8. MAINTENANCE AND 1PAI a
a. LESSOR shall 'peep the roof and exterior of the Premises :n good order,
condition, and renalr and shall maintain the structural integrity of the Premises,
except fir the exterior doors and their tres, closers and hinges, and the rillup
garage doors which shall he maintained by C01- TTY,
eye
A.11. WRITTEN AGREEMENT, Neither party has relied on ally pro se or
representation not contained in this Luse. All previous conversat:oris, negotiations, and
understandings are of no further force or ,ffec`. '117�nbs Lease may be modified only by
w'ting ss ��u-d by bot -parties. '111-heheadings of he par rap s and pages are for
covIvenience only and are not a part of this Lease, nor shall thley be co nsldered n construing
the ftmeantofth s Lease.
A,12o TIME IS OF THE ESSENCE of each and all of the teras and provisions of this
Lease.
A.13. SIGNATURE BLOCK
COUNTY LESSOR
' OF CONTIRA COST, a Richard.A. Wilson, Kathleen A. Wilson,
-oc- 4tical subdivision oft e Stage of Charles S. O'Connor and Marilyn
California 'Connor
Director of e neral Sere cles Richard A. Wilson
RECOMMENDED FOR APPROVAL: By
Kathleen A. Wilson
By � �� a
Di:ea of Capital Faci._ties and Y � ����� > � �'4�
Deer ar a erne n. Charles S. O'Connor
Y «./' By
S
Lease Manager -Marilyn ' o nnor
By �i i prvIces b ¢
e 11
APPROVED AS TO a ORYI:
E-VANO B. VIARC ES1, County
Counsel
G, {
�.• Mf` V p`'�'1
By
Deputy County Coun'l
LEASE
FOR
CON'T'RA COSTA COUNTY HEALTH SERVICES DEPARTMENT
`
4333 PACHECO BOULEVARD
MARTINEZ, ALI ORNIA
SECTION B. STANDARD PROVISIONS
B.I. HOLDING OVER, Any holding over al ei the term or exv.e .sion of this Lease as
provided herCina ove shall be construe to be a to as hcy from mon to month, sub, ct to
she terms of this Lease so far as applicable.
B.2. - DL OUINTT' agrees to Ifer , indemniffy and holdharmless
nh, LESSOR from he CONY'S share of any and all claims, costs and liability for arty
damage, injury or death of or to any person or he property of any person arising out o
ii-gligent or intent ona` acts, errors or omissions of the COUNITY, its officers, agents or
employees. C ILNay shall not be liable in the case of any structural, mechanical or other
failure of equi inert ol: building owned and maintained by the LESSOR or for other
iab .;ty which 15 at{:r€bu, able, in whole or in part, to the negligence, willzai misconduct, or
other intentional act, error or omission of LESSOR, w hick 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 c a_ ns, costs and liability -or any dar apes, injury or death
of any Person or theproperty of any person arising out of the ne ii ens or =ntehtzor a.i acts,
errors or amiss€ons oft e LESSOR, its offlicers, agents or er:.itiioyebs,
ale ALTERATIONS FIXTURES AND SIGNS. COUNTY may shale any iawfflil
and proper mmor alterations, attach: fixtures and signs in or upoti the Premises, which sha i
remain C- UTY property and may be removed thereff-rom by CO TY prior to the
terminal-Alo. of this Lease. Any say-ch alterations, signs or °xt�res spall be at COUP TY,S
sole cost and expense, and all signs shall meet With existing code requirements and
LESSOR'S aper gra e
- 6 -
W �d et, her COON '_' s F,"i make s ch nay ent within such
doPadditional time [but not to exceed a total of seventy five (75) days fro
LESSOR'S'S -otic to COUNTY].
v S failure to comply with any other material tlr or
COU AT
provision of this Lease if such failure continues thirty (3 ) days atter written
a cot=.ce of failure from LESSOR to COUNT`.' specifyingn r stn y
s€ffi-C ent Meta=l the nature of the breach. if the required care of the notice
t cannot be completed within thirty (30) days, CUNN'TY S failure to
'J� it 1 r:r,4 sl�L kt �.�T#t.:3s itL.t w o'�.;a w`a. t tura r tl:�� .� 'a �u.r�l�ss COUNTY ��'.s
attempted to cure, the default within the thirty (3 ) day period and has
diligently and continuously attenaptdd to complete the cure as Soon as
,x
reasonably possiNe.
On the occurrCnee of an Event of"'Defau t by COUNTY, LESSOR may rein ter and
repossess the Premiss and remove , 1 persons and property there-from after giving
tam written otice of such default and lay accordance w t ue process of law.
. Evert of De ault by LESSOR
LESSOR'S failure to -er r any its �t s s n r t s as
slha l constitute a default by LESSOR if the f'a acre cont€nwe's aor thirty (30)
days after written no:%-. c of the failure from COUNTY to LESSOR. If the
required cure of the noticed default cannot be completed within to rty (30)
days, LESSOR'S fa= ure to D rfOrM shall constitijte a default under the seise
unless LESSOR 11as attempted to cur, the default wlthhn the thirty (3 ) day
period and has ail enaly an continuously attem.,� to �01 lete the cure as
soor as reasonably possible. Notwithstanding the foregoing, in the -event. of a
situation creating a erflo- s condition on ther mimes wr icn substantially
and significantly threatens the health and safety of CoUNTY and/gar its
nvit.ees, LESSON shall use reasonable efforts to immediately address the
slt3�5a tion and shall use dill eat ft�srt to correct the perilous cn its aa,
e8 -
On the occurs nce o-fan Event of Delfaultby LESSOR, C07,jN-,,f'Y may terminate this
Lease and quit the Premises without further cost or obligation or .nay proceed to reps:r or
correct the failure and e:t k r t the cost t ger ox,from rental payments dui to ESSOR.
or at UNNT 'S option, invo k1ESSO . for the cost of repair, which invoice LESSON
sial: pay promptly upon receipt.
.7. SURRENDER OF PREMISES- On the :est day of the term, or soo-ner termination
of this Lease, C �NTY wilt peaceably an quietly leave and surrender to LESSOR these
Premises with their appurtenances and fixtures (-except signs and textures referred to
-,reinabove, in good; order, condition, and repair, exc� ting for reasonable use and wear
thereof and damage y earthquake, fire, public cola ity, by the elements, by Act of God, or
i0y c:rcumstainces over which COUNTY has no control. COUTNITY shah not he liable for
tJ:,d.eS i'tSi ' the :3SL 2S2.ii '.S:i he Premises 6.S�J'�.3e L. termination o .11 v` S�+Le,�:h�e
B.8. SUCCESSORS AND ASSIGNS- The terms and pilmvislons sof this Lease sha
,.xte,nd to and be binding -Upon and inure to the bene-fit of she heirs, successors, and assigns
or the respective na t5es hereto.
. . SEVERABILITY: in. the event that any provision herein c nt pled is veld to be
invalid by any court of Competent5ur:sdict:-on, the irwaii ity of any such raisin does not
mater. ' pr � i either t - C01,JNTITY or LESSON in its respective rights axe.
obligations contained in the valid provisions of this I_,e .se.
B.10z '�AS' `E NUNS E: OUNI T Y shah :sot cornmft, or suffer to be corgi-matte , any
,.taste upon the Premises. or any nuisance orf"her act or thing which may disturthe quiet,
enjoynaent of any other occupant in the vicinity ofthe Premises.
z11e INSPECTION: The " ESSO reserves t e right t Water tie Premises by prior
a l :n1unt .t only between the :yours of 9M a.m. and 4,30 .m., Monday through friday,
s gays excepted. and to enrd ioy the proper repr_sentative or contractorm. order to see that
the property is being reasonably cared for, that no waste is being made, and that all things
are don.,e in the manner best calculated for the preservation of the property, and in full
compliance with the terns and conditions oft :s Leas-.
- 9 -
A.9. NO"FICES. All notices giver, hereunder shall be 1n writing and shall be deemed to
have been giver= if penonall y delivered or deposited in the United States mail postage
prepait cer iMcd or registered, return receipt requested, and addressed to the other party as
follows or as otherwise designated by witten notice hereunder from time to time:
To LESSON: Charles S. O'Connor
P.O. Box 31553
Walnut Creek, CA 94598
To COUNTY: Contra Caste County
General Services Department
Lease Miaernent Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
Ae10. EXHIBITS AND A M Section B, Standard Provisions, Section C,
Special Provisions, and Exhibits A and B — Premises and Exhibit C — Memorandum. of
Lease are attached to this Lease and are made a part hereof.
Non Rennain 'er of Page Deliberately Left flank
- 4 -
AS
O
CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
4333 PACHECO BOULEVARD
MARTINEZ, CALIFORNIA
SECTION e SPECIAL PROVISIONS
<-JnSS GNMEN ' OR SUBLEASE- CSU mY ,shall not have the right to assign this
,ease or sublease the Prernises without. `he prior wr ite< permission of LESSOR, which
shall I ¢ ;tee un.-easonably
t e.
:.2. SERVICE Y S a ';rt is understood and agrees. LESSOR s hall provide
C-z taimaintenance, construction, re odeltn.g or like services beyond those whicri are
LESSOR'S res° onsih " ties as specified in Paragraph A.8., as requested in writing by
s
TTY from tine to tare duri-ng the berm of this Lease or exte'rision thereof. COTU'N Y
shall day to LESSOR as add5tiona`. rentab one hu bdred Wereer=t '100%) sof the costs of the
service.
LESSON shall consult, with COUN'TY &rid select either licensed, insured contractors
or employees ok �.S . to provide the s bee. SS s half c hi ri Y 'S r r
wr tte s a-nroval or, the scope, terms, and cost -of the contracts. COL' TY shall have the
right to hange the level service t"ro time to time by giving LESSOR th- y X301 days
, rvri sera ri �i �, Lrieain the right to eeririate anyb all service, or to reg re
different contractors to provide tithe servave,
C.3. TENANT IMPROVEMENTS, As part of the eorisideration for this Lease,
s.ii1✓V has re'..11�.,' W three Nb+ Vd t'.S.b eli.ntL1a'. five 2n- tSd /GS1d a/'V$:4a 2tp V8,': ts units VV with T..iS/?'Y
Un!"s a ;_ s iisvabze .s .-.riv attic opening. stlai� provide and gay for
�: �x n 3 a y rodent Droppings or., the veiling taus, for red lace er =t of all broker: and water
or urine sta=red t` e5, and for repair of darnage toy electrical system ✓ r '
shall .rovidle and pay for retrofittsrig of all light futures throughout the al
Premises,
ESS -agrees, at no cost to CSU sY, to saint them erior of the Premises, and to
arrange for iristallal-io of new ear-et and v_nyl floor eovers�g as specified byt� 7Y.
a 0m
T E�SSOR shall pay :5,00x3,00 toward the cost of carpet and vi r yL, and 07. mY shay:
re rr bu-1-se LESSOR the cost above S 15,000,00 vvi . n thirty (30) days of co pletJon o
the work.
C',4, PROPERTY TAXES: COUNTY shall pay directly to Contra Costa County
Assessor, as additional', rental, a sum equal ito he tees and geiser i assessments, if any,
levied against Assessor's PareeA 380-_80-070, in any year dUr rig the tern of this pease or
extens of t hero- U TY shall not pay a prorata share oY&-,.y s � � resi�`ti:ig �� a
re�se
ch age in owne-rship of the property,
It is uiiderstood that dl rang the past year of oeeupaiiey, the tees shall be prorated
he --r LESSOR and COUN' Y aeeord i`g to the ..m, mer of Dubh months the CO NY
shah :eve Dossession of the Premises.
C.S. INSURANCE. ''hr -Ughout the termi of this Lease and any extension thereof,
COL Y, at its sole Cost and expense, sii :.i mmint irs in fti-H force and effect, a general
sc _-U-,s rand— progrr covering bodily n,u_ry (includ rig death), personal injury, and
operty ga rbage, li�eluding ?ass of use, 1 G TY sh�l` provade ���� � Wetter � self-
ii'sar .tie -dicat rg the aore wrtio ed previsions are in effect. and n rr:ing LESSOR as
additional insured,
C :�TY >hari_ provide nsurance for the Pn-mises, any it D—ovements and
^eiter rie?tS, its ? l e�iiterats and i:s nersonal property contain'tud Withim or on the Premises
under a standard al!-risk poleey, LESSOR sh `I have no interest Im the i sur nCle proceeds
u-on "OUI 1 Y'S -m- roves'�'�°f eats, e uipii e'nt and .xt`•..:res and viii C5gn all documents
necessary or proper in conne.-tion, with the settlement or any claim or loss by CO`.., fY.
' 'he Cob-NTY',S self insurance coverage does not extend to those ares to be
a"nt lased by the LESSOR under this Lease icor to negligence, will l m seond;-et or ether
i te-tional act, error or omission oif i-ESSOR, its o fffli tiers, agents, or employees.
C.6a HAZARDOUS MATERIALS- LESSOR warn?unts to COUNTY that LESSOR
does ric, have any lknowled e of the presence of hazardous later°ais or coma- ination € f
the uil ng or Premises in violation of erivi.00n iental laws. LESSON. agrees to de`end,
save, 1,arotect and hold harmless €OI NTY from any loss arising out of t ie presence of any
hazardous materials or the Prem-:ses which is not a result o t' O U Y A 'S use and
occupancy of the Premises. LESSON acknowledges ai±d agrees that COUNTY spa:. have
no obligation o clean up or remediate, or :,o co-nt i ute towards the cost of bZe✓&+n i»-o or
remediation, of any hazardous materials that is not caused to be present, released,
dlsc'.arged or sollled on or about the Pre m-,ses by COUNTY or any of its agents,
employees, contractors, invitees or ogler representatives _he obligations off°this paragraph
sha.11 s .rvivW the termnation os this Lease.
Hazardous Materials is defined to mean any substance, material or waste,
including .lead based Daunt, asbestos and petroleum (including crude oil or any .fraction
t hereo , whIch is of Becomes des-grate' as a hazardous substance, hazardous waste,
iazar o s r a moria%, to :c s"Dstance or material under any fed- a', state or Io a". law,
reguiati.on or ordinance.
C.Im OPTION TO PURCHASE
a. As par, of he con}siceratiori for this '.,ease, LESSON. hereby grants to
O3v �111 or its assignee the exclusive right and privilege to purchase the
Premises commonly known and designated as 4. 33 Pacheco Boulevard,
? an[ine , California, .assessor's parcel No. 380-180-070 and more
particularly described in ExhiD is a. and B which are attached hereto az°nd
made a part hereof, Purchase may be made at any tiMe during tine 1:irst
extension nerlod of this ease, beginning Se to ber 1, 2006 through August
31, 2008 for SEVEN HUNDRIEDTWENTY FTVE THOUSAND A.NT
?'x /10 ' LARS ($725,000M),
b. -o exercise the purchase option%, COUN, i Y sl~ai_ ive 11-nety (9M dlays prior
written notice Wo LESSON..
- 12 m
o LESSOR shall deliver to COUNTY an executed grant geed in recordable
form conveying the Premises. Title to the Premises shall be conveyed by
LESSON.. to COLMY subject to easements and rights of way of record
existing as of October, 2003, but free and clear of al i-ens, encumbrances,
covenants, conditions, restrictions, leases with a term, exceeding anvee (5)
years, and other matters of record, except current taxes, a lien. not yet
delinquent, and those portions of current assessments not yet due and payable,
d. The sale shall be consummated through an escrow to be opener after the
option notice has been given to LESSOR. Escrow shall be deemed to be
opened ender this paragaph on the date the escrow instructions are drawn,
The parties shad execute all documents required by escrow holder as long as
they are consistent t with the provisions of this paragraph. Escrow shat: c'-,Os--
approximately
loseapproximately sixty ( ) days after the option notice has been given to
LESSOR, Escrow shall be deemed to be closed pursuant to this paragraph or.
the date the grant deed is recorded.
e. At the close of -escrow, escrow holder must be prepared to issue a CLT
Standard Coverage Policy of Mle Insurance in the amount of the purchase
price insuring title to the Premises vested in COUNTY, subject only to the
..natters set forth in paragraph C.7.c,
f, Rant and taxes shall be prorated as of close of escrow.
91 Trans kr taxes and recording ties on the deed, the cost of the title policy
referred to in paragraph W.c., charges of escrow, and all other ;losin<g costs
shall be paid by COUNTY.
ho If the Premises are partially destroyed between the date COUNTY exercises
the option to pur.-chase and the date set for the close of escrow, LESSOR shall
restore the PremiseT The partial destruction shall not affect this option, the
date set for the :dose of escrow or the purchase price of the Premises. If the
lease terminates, this option shall also ter mate unless COUNTY otherwise
agrees in: writing to complete the purchase,
® l3e
On close ofescrow, this Lease4. shall terminate and the parties shall be $e2-as
wd
froom all liabilities and obliges ons under this Lease, except for the obligations
esypressty sated in Paxagraph C,6 above, which shall survive and remain in
101 1 Ance and a�'+`l ct-
a8. n A Memorandum of Lease, attached hereto and made a part Hereof
.s mo ibit { C", sal.be signed L16i0.�doSLWuy the parties heiet0. a This will be i 1e4 of
recording the entire instrument. Upo ermination of this ..,ease, COUNTY shat execute a
Quitclaim. Deed to LESSOR to c-1-tear ease fromESSO ' tstle�
JAWHE it is understood and agned thalt
COUNTY now leases the Premises }ender the terms of a Lease date., September 22,
:upon commen-celment of this e se, that lease shall `er€: i� e.
O'Connor
Contra %ota County ®ease Management
4333 Pacheco Blvd.
A,P, , 380-180-0-170
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra (Nostaq State of
California, being a portion of the Rancho Las Juntas al3so being a portion of
Parcel 2 as shownon the Record of Survey, filed January 15,1959 in Book 51 of
Licensed Survey Maps at page 35, Contra Costa County records, descft d as
fo3lows.
Parcel I
Beg:.ni t th,e port;ss corner of said Parcel 2 (51 LSM )y thence southwesterly
along the easterly line, south 25059'50" west, 293.49 feet to a port on t1he parcel
f lead granted to Contra Costa Cr;ty recorded February 1,1979 in Book 9210
o
f ff 3 Records p 940, records of 3d County, 'd point i or . nor?
tangent .curves concave to the northeast, a radial from sald point bears north
25003`59" east= thence southeasterly along said curve. having a radius of 597,53
feet, t r i centra: angle of 9°43'50", �: an- length of 101.49 feet to point
on th!-e Basten y line of said Parcel 25 thence northeast ny along said easterly line
north 26-59'50" east, 188.64 feet to the northerly 1 ne of said Parcel; th-'ence
orthwesterly lir ld northerly Erie, Horn: 3'00*10` west, `00. 6 feet to the
Point of Beginning.
Containing an area of 19,731 square feet (9.45296 Acres) of end, rnore or les&
Subject to an existing unrecorded access easement in favor of Parcel 1 151 LSM
36) and as sr o.-.,n on Exhi it "B"
Bearings are based on the California Coordinate System Zone 331 ( 2`))
Exhibit "B" ttacned and by this reference rade a part hereof.
This real property description has been prepared by me or under my d r %ton, In
conformance with the Professional Land Surveyors Act.
sLmin
Licensed and Surveyor 2' > `
Contra Costa County Pu 31c Works vXR 9130
Date: d �,
ts2003\0'Conn.or.doc
KT:s Ie-0119- 3
Exhibit " "
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instrument., Scale 40' T
Drawn By KT l ® i € s
Series No. Recorded
Check& By Cad F . � e
MCORTANG REQUESTED BY AND
WHEIN RECORDED -UTUR T-0:
County of Contra Caste
General Services Departmert
Lease -Mrnagernent Division
1220 Morello Avenue, Brite 100
Martinez, CA 94553-4711
Atter-t=,., Lease Manager
Menwrandum Of mase
ds Memorandum of Lease ("Men-.oer :ndurn."4) dated is entered into
between ITICHARD1 A. WILSON, KATHLEEN A. WILSON, CHARLES S. 'CONNO ,
ASD MARILYNO"CO O '"LESSOR"), and C TUTNI TY OF CONTRA COSTA, a
olitical subdivision of the State of Cali arrd (" OUNIn V),
Recitals
A- On September 16, 2003, LESSOR avid COUNTY entered :into a Lease ("Lease"),
pursuant to which LESSOR !eased to COUNTY and COUNTY leased from, LESSOR real
property consisting of a building containing ing office and warehouse space pus adjacent
parking and jerced storage area, comrnorisy owrr and designated as 4333 Pacheco
Boulevard, Martinez, California, Assessor's Parcel No. 380-180-070 as shown on Exhibits
A aid hick are attached hereto and made a part hereof
. LESSOR and COT,- YTY desire to execute ths Memorandum to provide e rnstruetive
notice off°COUNTY'S rights under the seise to alb third parties.
For good and valuable consideration, the receipt and adequacy of which are hereby
a6kno a ed ed.. the :parties agree as follows
. Conveyance and Term
By this Memorandum and that certain Lease between the LESSOR nd C0-INTY,
LESSOR ',ea-ses the Premises comr on-'y Lnown as 4333 Pacheco Boulevard, Martinez to
COk'JNNTY for w term ofthree years, commencing Septem er 1, 2003 and ending August 311,
20060 lri addition, LESSOR grants to COUNTY two options to extend: First option for
term of two (2) years cornmencing September 1, 2006 and ending August 3 1,
2008 and the
second option for a term of two (2) years comrnencing Septern, ber ., 2008 and ending
August 31, 2010. LESSOR a-so grants to COUNTITTY or its assignee the exclusive right to
pmrenase, at any time between September 1, 2006 and Angus. 31, 2009, under the terms and
conditions set force in the iease, the real property described in Exhibits All and A2, attached
hereto and made a part hereof.
e Successors and Assigns
This Memorandum and the seise shaill bind and inure to the beret of the parties and their
respective heirs, successors, and assigns, sanJect, however, to the provisions of the Lease on
assignment.
EXHIBIT C - MEMORANDUM OF LEASE
3. Governing Law
Cs '-Mem. o-fand,.m and the "Luse are governed by Calliforni a I aw.
Executed as offhe date first above written.
COUNTY LESSOR
COTj'-,N-*TY OF C"03IN"I"RA COSTA, Richard A. Wilson, Kafhdeen A. W.Ison,
subdivis�on o-fthe State -of Unarles S. O'Connor and Madly n 0"Connor
a o Ii .-
Calif'.;a al ornia
By: By�
Dilrec'or of General Services Richard A. Wilson
By_
APPROVED AS TO FORTM: Kathleen A. Wilson
S L V.A-N-,,, TO B. MAIRCHESI, County Counsel By_
Charles S. O'Connor
By,-
Deputy By_-
matilyn O'Connor
Conn r
Contra Costa County Lease Management
4333 Pacheco Blvd.
AJDN4 339-1130-979
EXHIBIT "A"
Rea} ro rly f a uninc r orated area of the County of ContraCost, Stato4
a,I-o.rr , being a porion of the Rancho gas juntas also being a portion of
Parcel 2 as shown or, the Record of Survey, f=led January 16, 969 in Book 51 of
Licensed Survey Maps at page 36, Contra Costa Coir ty records, described a
fol
;4 lows:
Parcel I
Begin, mrig at the norUcorner of said rCe (51 LSM 36); thence soot west dy
aiong the westerly z :€ , ° 9'50" west, 200,49 feet t a Pont o the parcel
I r dgranted � tr t ty recorded February 3,19 7 9 i Book 9210
U1 Official Records a' page 940, records of said County, said point is on a non
tangent curve, concave to the northeast, a radlaii from said o n� bears north
25008'505' east, thence souitheasteriy along said curve, having a radius ; 59 '.53
feet, through a central angle of 9043'50$`, ars arc length of 101,49 feet to a point
on ttieeast r y lig ci� said Parcel ; thence northsterly a�ong said rline
ty
north 26059'50" east, 1:88.64 feet to the northedy line of said Pre ; thence
northwesterly along said northerly line, north 63"00'10" east, 10 ,_.66 feet to the
Point of Beginning.
Containing an, area of 19,731 square feet (0,45296 Acres) of 'arid, more or less,
Subject t a existing unrecorded access easement in favor f Parcel 1 (51 LSM
36) and as shown on Exhibit "B"",
Bearings are based on the California Coordinate System Zone 111 \ C 271e
x it "B" attached and by this reference made a part hereof.
This real property dcretfon has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act,
7-17` � ,
Signature
Licensed Lai nd Surveyor
Contra Costa County Pubic WorksEXR 913c
CNO
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Soo e ,>o 4.0Date Goober 2003
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Ser;es c,a Recorded C eco 1 y S �� r le