HomeMy WebLinkAboutMINUTES - 07202004 - C.66 TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: JULY 20, 2004 '' COUNTY
SUBJECT: LEASE RENEWAL FOR THE PREMISES AT 2520 STANWELL ,
DRIVE, SUITE 130, CONCORD, FOR THE COMMUNITY
SERVICES DEPARTMENT (T00576)
SPECIFIC REQUEST(S)OR RECOMMENOATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a Lease, commencing July 1, 2004, with Fjeld Family Limited Partnership for the
premises at 2520 Stanwell Drive, Suite 130, Concord, for continued occupancy by the
Community Services 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.
FINANCIAL IMPACT
The Lease renewal allows the Community Services Department to continue occupancy of Suite 130
under a month-to-month lease at a rental cost of$902 per month.
BACKGROUND
Community Services has leased 10,807 square feet of office space at 2520 Stanwell Drive since July
1999. Upon expiration of the lease term on June 30, 2004, Community Services reduced the size of
the leased space by 10,247 square feet. The new lease will allow Community Services to retain 560
square feet of office space in Suite 130 at a reduced rental rate on a month-to-month basis.
CONTINUED ON ATTACHMENT: SIGNATURE: &&A012&
`RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
_.�-APPROVE _OTHER
SIGNATURE(S)
ACTION OF BO D,�N i i d ri 4 &zr APPROVED AS RECOMMENDED '/ Obi
rd's'
VOT�EE OF SUPERVISORS
r UNANIMOUS(ABSENT ?a1 t=1 I
AYES: NOES:
ASSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department
cc: General Services Department I HEREBY CERTIFY THAT THIS ISA TRUE
Lease Management Division AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MI ES OF THE BOARD
Accounting OF SUPERVISORS ON DATE OWN.
Auditor-Controller(via L/M)
Risk Management(via L/M) ATTESTED el
Community Services(via L/M) JOHN STEN,(� K OF THE BOARD OF SUPERVISORS
Fjeld Family Ltd Partnership (via L/M) AN C NTY ADVIAISTRATOR
i
BY DEPUTY
!:\LeaseMgt\Bond Orders\2004-07-20\2620 Stanwetl Bd Order Lse Renewal Ste 130.doc CGB:cb Page 1 of 1
M382(10/88)
LEASE
TABLE OF CONTENTS
2520 STANWELL DRIVE, SUITE 130
CONCORD, CALIFORNIA
CONTRA COSTA COUNTY COMMUNITY SERVICES DEPARTMENT
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES .......... .................................. ................................................ ...... I
A.2. LEASE OF PREMISES ................... .................... ................................... I
A.3. TERM........................................................ .................................-.-........... I
A.4. RENT ......... .............. .................................................... ....................... .... I
A.5 USE OF PREMISES..................................................-...... ....................... I
A.6 UTILITIES AND CUSTODIAL SERVICES........................................... 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.................................................................... 3
A.12. SIGNATURE BLOCK ............................................................................... 4
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER....................................................................................... 5
8.2. HOLD HARMLESS .............................................. .................................... 5
8.3. ALTERATIONS, FIXTURES, AND SIGNS ........................................... 5
8.4. DESTRUCTION ..................................... ................................................... 6
8.5. QUIET ENJOYMENT............................................................................... 6
8.6. DEFAULTS ................................................................................................ 6
8.7. SURRENDER OF PREMISES............................... .............. ......... ......... 8
B.S. SUCCESSORS AND ASSIGNS ..................... .......... ............................... 8
8.9. SEVERABILITY ....... ........................................................................... .... 9
B.10. WASTE, NUISANCE ................ ..................... .......................................... 8
8.11. INSPECTION............ ........................................................--..................... 8
SECTION C: SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SUBLEASE............................................................. 10
C.2. SERVICE BY LESSOR ........................................................................... 10
C.3. ADA MODIFICATIONS ..............-......................................................... 10
EXHIBITS
EXHIBIT A: PREMISES
EXHIBIT B: JANITORIAL SPECIFICATIONS
LEASE
FOR
CONTRA COSTA COUNTY COMMUNITY SERVICES DEPARTMENT
2520 STANWELL DRIVE, SUITE 130
CONCORD, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on JUL 2 0 2004 , Fjeld Family Limited Partnership,
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 481 useable square feet plus 79 square feet of
common area, for a total of approximately 560 rentable square feet in. 2520 Stanwell
Drive, Suite 130, Concord, California as shown on Exhibit A which is attached and made
a part hereof, along with non-exclusive use of the building common areas and the parking
lot adjacent to the building.
A.3. TERM: The term of this Lease shall be month to month, commencing July 1,
2004 and continuing until terminated by either party by giving the other party thirty (30)
days prior written notice.
A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a
monthly rental of NINE HUNDRED TWO AND NO/100 DOLLARS ($902.00), payable
in advance on the tenth day of each month during the term of this Lease. Payments shall
be mailed to: R.N. Field Construction, 515 Folsom Street, Second Floor, San Francisco,
CA 94105 or to any other location as designated by LESSOR. from time to time.
A.5. USE OF PREMISES: The Premises shall be used during the teem for purposes
of conducting various functions of COUNTY.
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AA UTILITIES AND CUSTODIAL SERVICES: LESSOR shall provide and pay
for all gas, electric, water, sewer, and refuse collection services to the premises and shall
provide and pay for janitorial service in accordance with Exhibit "B" which is attached
hereto and made a part hereof.
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 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. 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, except that COUNTY shall provide and pay for
maintenance of the supplemental 24-hour air conditioning unit in the
computer room.
e. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and
exterior lighting system in good order, condition, and repair.
f. COUNTY shall provide, install, and maintain, at the direction of the Fire
Marshal, the necessary number of A-B-C fire extinguishers for the
.Premises.
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 COUNTYS occupancy or use of the Premises.
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correction of code violations which arise out of and are directly related to a
change in COUNTY'S occupancy or use of the Premises.
AX 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: R.N. Field Construction, Inc.
515 Folsom Street, Second Floor
San Francisco, CA 94105
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.9. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section
C, Special Provisions, and Exhibit A — Premises, Exhibit B — Janitorial Specifications are
attached to this Lease and are made a part hereof.
A.10. WRITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Lease. All previous conversations, negotiations, and
understandings are of no further force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs are for convenience only
and are not a part of this Lease, nor shall they be considered in construing the intent of
this Lease. This Lease will not be construed as if it had been prepared by one of the
parties, but rather as if both parties have prepared it. Both parties agree that any rule of
construction to the effect that ambiguities are to be resolved against the drafting party
will not apply to the interpretation of this Lease.
A.11. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
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A.12. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a Fjeld Family.LimY�d Partnership
political subdivision of the State of � ,
California
'- r
Director of General Services
APPROVED AS TO FORM:
SILVANO B. MARCHESI, County
Counsel
By
Deputy
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LEASE
FOR
CONTRA COSTA COUNTY COMMUNITY SERVICES DEPARTMENT
2520 STANWELL DRIVE, SUITE 130
CONCORD, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term of this Lease as provided
hereinabove shall be construed to be a tenancy from month to month, subject to the terms
of this Lease so far as applicable.
B.2. HOLD HARMLESS: COUNTY agrees to defend, indemnify and hold harmless
the LESSOR from 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 LESSOR or for other liability which is
attributable, in whole or in part, to the negligence, willful misconduct, or other intentional
act, error or omission of LESSOR, which results in damage to any person or property.
LESSOR agrees to defend, indemnify and hold harmless the COUNTY from any
and all claims, costs and liability for any damages, injury or death of any person or the
property of any person arising out of the negligent or intentional acts, errors or omissions
of the LESSOR, its officers, agents or employees.
B.3. ALTERATIONS,_FIXTURES, AND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach fixtures and signs in or upon the Premises, which
shall remain COUNTY property and may be removed therefrom by COUNTY prior to
the termination of this Lease. .Any such alterations, signs or fixtures shall be at
COUNTY'S sole cost and expense, and all signs shall meet with existing code
requirements and LESSOR's approval.
_ 5 _
B.4. DESTRUCTION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Lease 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 portion of the premises
unusable by COUNTY bears to the total area of the Premises.
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 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.
BA 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 the written notice due to
circumstances beyond the reasonable control of COUNTY, which
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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 the 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 the 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 the thirty (30) day period and
has diligently and continuously attempted to complete the cure as soon as
reasonably possible. Notwithstanding the foregoing, in the event of a situation
creating a perilous condition on the Premises which substantially and
significantly threatens the health and safety of COUNTY and/or its invitees,
LESSOR. shall use reasonable efforts to immediately address the situation and
shall use diligent efforts to correct the perilous condition.
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On the occurrence of an Event of Default by LESSOR., COUNTY may terminate
this Lease and quit the Premises without further cost or obligation or may proceed to
repair or correct the failure and either deduct the cost thereof from rental payments due to
LESSOR., or at COUNTY'S option, invoice LESSOR for the cost of repair, which
invoice LESSOR. shall pay promptly upon receipt.
B.7. SURRENDER OF PREMISES: On the last day of the term., or sooner
termination of this Lease, COUNTY will peaceably and quietly leave and surrender to
LESSOR these Premises with their appurtenances and fixtures (except signs and fixtures
referred to hereinabove) in good order, condition, and repair, excepting for reasonable
use and wear thereof and damage by earthquake, fire, public calamity, by the elements,
by Act of God, or by circumstances over which COUNTY has no control. COUNTY
shall not be liable for painting the interior of the Premises upon termination of this Lease.
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.R. SEVERABILITY: In the event that any provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision does
not materially prejudice either the COUNTY or LESSOR in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed,
any waste upon the 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.
B.11. INSPECTION: The LESSOR reserves the right to enter the Premises by prior
appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, and to employ the proper representative or contractor in order to see
that the property is being reasonably cared for, that no waste is being made, and that all
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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.
Note: Remainder of page deliberately le,}'t blank.
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LEASE
FOR
CONTRA COSTA COUNTY COMMUNITY SERVICES DEPARTMENT
2520 STANWELL DRIVE, SUITE 130
CONCORD, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE:
a. COUNTY will not sublease the Premises or any part thereof at any time
during the term of this Lease without written permission of LESSOR,
which shall not be unreasonably withheld. However, COUNTY shall have
the right to sublease to a contractor providing programs for the COUNTY.
b. COUNTY shall have no right to assign this Lease.
C. Any subleasing of the Premises will not relieve COUNTY of any of the
provisions of this Lease. COUNTY shall specifically remain liable under
this Lease ager any sublease.
C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide
certain construction, remodeling or like services as requested by COUNTY from time to
time during the term of this Lease 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, tern, 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. ADA MODIFICATIONS: It is understood and agreed that the building in which
the Premises are located may not currently meet the requirements for the Americans with
Disabilities Act (ADA). As part of the consideration for this Lease, LESSOR agrees to
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accept responsibility for the cost and installation of any ADA modifications required to
the building as a result of this Lease or which may arise during the term of this Lease,
and shall hold County harmless therefrom.
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EXHIBI1 13: JANITORIAL SERVICE SPE�,.FICATIONS
2520 Stanwell Drive, Concord
DAILY SERVICES
1. Clean all restrooms thorou hg.�ly each day, including, but not limited to, fixtures,
mirrors, hardware, wash basins, partitions, doors, and the surfaces.
2. Disinfect all toilets, urinals, and wash basins, and mop floors daily. Clean and
disinfect drinking fountains.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty all trash containers throughout the premises and replace trash container liners
as necessary.
5. Vacuum or spot-vacuum carpets as necessary around entry, lobbies and heavy traffic
areas. Spot-clean carpets periodically.
6. Remove spots and finger marks from glass on entry doors, as needed.
7. Sweep uncarpeted floors daily and spot mop as needed.
8. Replace burned out tubes and light bulbs as necessary.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust counter tops, cabinets, tables, low wall partitions, window sills, and telephones.
Remove cob webs as needed.
3. Dust building completely, including mini blinds.
4. Mop all vinyl floor areas weekly and strip, wax and buff when necessary.
ONCE YEARLY, IN APRIL
1. Wash windows and glass on both sides.
2. Clean all ventilation grills.
3. Wash and clean all light fixtures, inside and outside.
SUPPLIES AND EQUIPMENT
1. Paper supplies such as seat covers, towels, toilet tissue, sanitary napkins, soap for
dispensers and trash container liners shall be furnished by Lessor.
2. Lessor shall furnish all equipment, tools and cleaning supplies such as carpet
cleaner, disinfectant, wax and other supplies or chemicals required.
MISCELLANEOUS
1. Security: Lock all doors and windows, turn off lights, set night lights and alarm
systems before leaving building.
(Deviation from the above could be grounds for termination of contract.)
2520 Stanwell Jan Spec.doc