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Home My WebLink AboutMINUTES - 07082014 - C.53RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, the First Amendment to Lease with the Contra Costa Community College District for a fifteen-month term beginning April 1, 2014 and ending June 30, 2015, for continued use of approximately 7,280 square feet of office space located at 500 Court Street, Martinez, by the Sheriff-Coroner, under terms and conditions set forth in the Lease. (WLP822). AUTHORIZE the Auditor-Controller to issue a check in the amount of $1,635 to Contra Costa Community College District, 500 Court Street, Martinez, CA, for rent owed to the Contra Costa Community College District from April 2014 through June 2014. FISCAL IMPACT: 100% General Fund. BACKGROUND: Since 1999, this location APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/08/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Karen Laws (925) 313-2131 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 8, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie L. Mello, Deputy cc: Auditor/Controller C. 53 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:July 8, 2014 Contra Costa County Subject:500 Court Street, Martinez - First Amendment to Lease for the Sheriff-Coroner BACKGROUND: (CONT'D) has served as offices for the Sheriff-Coroner’s Records and Warrants and Central Identification Services. Those offices will be moved to the County-owned building at 2530 Arnold Drive (Summit Centre) in Martinez, once tenant improvements are completed there. The First Amendment to Lease will provide for the Sheriff’s continued use of the offices at 500 Court Street, Martinez, while the Sheriff-Coroner’s tenant improvements at Summit Centre are completed. The First Amendment to Lease will obligate the County to pay total rent of approximately $141,825 over the fifteen- month extended term. The rent was anticipated and budgeted in the Sheriff-Coroner’s approved 2014/15 budget. The rent payable by the County during this period is set forth in Attachment A to this Board Order. CONSEQUENCE OF NEGATIVE ACTION: Not authorizing the First Amendment to Lease for the Sheriff-Coroner’s continued occupancy at 500 Court Street, Martinez, would require the Sheriff-Coroner to vacate 500 Court Street before the tenant improvements for its new offices are completed. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS First Amendment to Lease 1 DRA:SBV:jc G:\realprop\2014-Files\June\500 Court Street 1st Amend V2 4.doc 5/20/14 9:00 a.m. FIRST AMENDMENT TO LEASE Sheriff-Coroner – Records and Warrants and Central Identification Services 500 Court Street, Martinez This first amendment is dated ________________ and is between the Contra Costa Community College District, a community college district duly organized and existing under and by virtue of the laws of the State of California (the “District”) and the County of Contra Costa, a political subdivision of the State of California (the “County”). Recitals A. The District and the County are parties to a lease dated May 18, 2010, under which the County is leasing approximately 7,280 square feet in the building commonly known as 500 Court Street, Martinez, California (the “Lease”). B. On May 31, 2011, the parties agreed to extend the Lease to Ma y 31, 2012. On May 31, 2012, the parties agreed to extend the Lease on a month-to-month basis. The parties now desire to amend the Lease to extend the term through June 30, 2015, modify the District’s right to inspect the Premises, and add a termination provision. The parties therefore agree as follows: Agreement 1. Paragraph A.3. Term is deleted in its entirety and replaced with the following: A.3. Term. The term of this Lease is five years and one month, beginning June 1, 2010 (“Commencement Date”) and ending June 30, 2015; provided, however, either party may terminate the Lease at any time after January 1, 2015, by giving sixty (60) days’ prior written notice to the other party. If the County terminates the Lease at any time between January 1, 2015 and May 31, 2015, the County shall pay the District a one-time termination fee of NINE THOUSAND FOUR HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($9,455.00). 2. Paragraph A.4. Rent is deleted in its entirety and replaced with the following: A.4. Rent. County shall pay rent (“Rent”) to District monthly, in advance, beginning on the Commencement Date. Rent is payable on the tenth of each month during the Term in the amounts set forth below: 2 DRA:SBV:jc G:\realprop\2014-Files\June\500 Court Street 1st Amend V2 4.doc 5/20/14 9:00 a.m. a. EIGHT THOUSAND SEVEN HUNDRED THIRTY-FIVE AND NO/100 DOLLARS ($8,735.00) per month commencing June 1, 2010 and ending May 31, 2012. b. EIGHT THOUSAND NINE HUNDRED TEN AND NO/100 DOLLARS ($8,910.00) per month commencing June 1, 2012 and ending March 31, 2014. c. NINE THOUSAND FOUR HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($9,455.00) per month commencing April 1, 2014 and ending June 30, 2015. Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one-thirtieth (1/30) of the monthly Rent. Payments are to be mailed to: Contra Costa Community College District, 500 Court Street, Martinez, CA 94553. 3. Paragraph A.6. Extension is deleted in its entirety. 4. Section B.11. Inspection is deleted in its entirety and replaced with the following: B.11. Inspection. District may enter the Premises by prior appointment with County between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding holidays, for the following purposes: a. To have Lessor, or its proper representatives or contractors determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in a manner best calculated to preserve the Premises, and (iii) County is in compliance with the terms and conditions of this Lease. b. To have its planners, estimators, architects, and contractors survey the Premises in conjunction with its planning for the renovation of the Premises for District’s occupancy, which renovation and occupancy will occur after the termination of the Lease. 5. County shall pay, in arrears, no later than thirty (30) days after the date of execution of this first amendment, all Rent that is then due under the payment schedule set forth in this first amendment. 6. All other terms of the Lease remain unchanged. [Remainder of Page Intentionally Left Blank] 3 DRA:SBV:jc G:\realprop\2014-Files\June\500 Court Street 1st Amend V2 4.doc 5/20/14 9:00 a.m. 7. District and County are executing this first amendment as of the date set forth in the introductory paragraph. COUNTY DISTRICT COUNTY OF CONTRA COSTA, a CONTRA COSTA COMMUNITY political subdivision of the State of COLLEGE DISTRICT, a college California district duly organized and existing under and by virtue of the laws of the State of California By: _______________________ Julia R. Bueren By: _______________________ Public Works Director David Wetmore, Director of Purchasing and Contracts RECOMMENDED FOR APPROVAL: By: _______________________ APPROVED AS TO FORM: Karen Laws Principal Real Property Agent Atkinson, Andelson, Loya, Ruud & Romo By: _______________________ By: _____________________ Steven B. Van Horn Elizabeth B. Hearey Senior Real Property Agent APPROVED AS TO FORM: SHARON L. ANDERSON, County Counsel By: _______________________ Kathleen M. Andrus Deputy County Counsel