HomeMy WebLinkAboutMINUTES - 03312015 - C.65RECOMMENDATION(S):
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a second amendment to the lease
agreement with 230 Alamo Plaza, LLC, for a five-year term from January 1, 2015 to December 31, 2019, for
continued use of approximately 3,000 square feet of office space located at 150 Alamo Plaza, Suites B and C, Alamo,
at a rent of $7,376 per month, for occupancy by the Sheriff-Coroner, under the terms and conditions set forth in the
second amendment to lease agreement. (WLP867)
FISCAL IMPACT:
100% General Fund.
BACKGROUND:
The Sheriff-Coroner has occupied this location since February 1996 as a substation for its patrol activities in the south
central area of the Contra Costa County (County). Approving a second amendment to lease will provide for the
Sheriff-Coroner’s continued occupancy at this location to support law enforcement activities and services to the
residents of this area.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/31/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:John Gioia, District I Supervisor
Federal D. Glover, District V
Supervisor
Contact: Steven B. Van Horn (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: March 31, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 65
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:March 31, 2015
Contra
Costa
County
Subject:150 Alamo Plaza, Suites B and C, Alamo – Second Amendment to Lease for the Sheriff-Coroner
BACKGROUND: (CONT'D)
The second amendment to lease will obligate the County to pay rent of approximately $469,920.00 over the
five-year extended term. The first year’s rent was anticipated and budgeted in the Sheriff-Coroner’s approved
2014/15 budget.
CONSEQUENCE OF NEGATIVE ACTION:
Not authorizing a second amendment to lease for the Sheriff-Coroner’s continued occupancy at 150 Alamo Plaza,
Suites B and C, Alamo, would require the Sheriff-Coroner to either not have a substation in the south central area
of the county to provide law enforcement services to residents of this area, or require finding another location for
its substation in the area at an additional expense.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Second Amendment Lease
1
Second Amendment to Lease
150 Alamo Plaza, Suites B and C
Alamo, California
Contra Costa County Sheriff-Coroner
This second amendment to lease is dated March 31, 2015 and is between 230 Alamo
Plaza, LLC, a California limited liability company (the “Lessor”) and the County of Contra
Costa, a political subdivision of the State of California (the “County”).
Recitals
A. The Lessor and the County are parties to a lease dated September 19, 2006, as
amended on March 27, 2012 (the “Lease”), under which the County is leasing
approximately 3,000 square feet consisting of Suites B and C in the building
located at 150 Alamo Plaza, Alamo, California.
B. On December 31, 2014, the parties agreed to extend the Lease on a month-to-month
basis.
C. The parties desire to amend the Lease to extend the term, revise the rent, change
address information in the notices section, add additional language to the common
area – maintenance reimbursement section, and change language in the property tax
section of the lease.
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 (“Term”) of this Lease begins on October 1, 2006, and ends
December 31, 2019. County has no renewal options under this Lease. The Premises are
leased in their “AS IS” condition, and Lessor has no obligation to provide or to fund any
tenant improvements.
2. Paragraph A.4. Rent is deleted in its entirety and replaced with the following:
A.4. Rent: County shall pay to Lessor as rent (“Rent”) for the use of the Premises a
monthly rent as follows:
1. FIFTEEN THOUSAND ONE HUNDRED TWENTY AND NO/100
DOLLARS ($15,120.00) for the month commencing October 1, 2006 and
ending October 31, 2006.
2. SIX THOUSAND AND NO/100 DOLLARS ($6,000.00) per month
commencing November 1, 2006 and ending September 30, 2007.
2
3. SIX THOUSAND ONE HUNDRED EIGHTY AND NO/100 DOLLARS
($6,180.00) per month commencing October 1, 2007 and ending September
30, 2008.
4. SIX THOUSAND THREE HUNDRED SEVENTY AND NO/100
DOLLARS ($6,370.00) per month commencing October 1, 2008 and ending
September 30, 2009.
5. SIX THOUSAND FIVE HUNDRED SIXTY AND NO/100 DOLLARS
($6,560.00) per month commencing October 1, 2009 and ending September
30, 2010.
6. SIX THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS
($6,750.00) per month commencing October 1, 2010 and ending December
31, 2012.
7. SIX THOUSAND NINE HUNDRED FIFTY-TWO AND NO/100
DOLLARS ($6,952.00) per month commencing January 1, 2013 and ending
December 31, 2013.
8. SEVEN THOUSAND ONE HUNDRED SIXTY-ONE AND NO/100
DOLLARS ($7,161.00) per month commencing January 1, 2014 and ending
December 31, 2014.
9. SEVEN THOUSAND THREE HUNDRED SEVENTY-SIX AND NO/100
DOLLARS ($7,376.00) per month commencing January 1, 2015 and ending
December 31, 2015.
10. SEVEN THOUSAND FIVE HUNDRED NINETY-SEVEN AND NO/100
DOLLARS ($7,597.00) per month commencing January 1, 2016 and ending
December 31, 2016.
11. SEVEN THOUSAND EIGHT HUNDRED TWENTY-FIVE AND NO/100
DOLLARS ($7,825.00) per month commencing January 1, 2017 and ending
December 31, 2017.
12. EIGHT THOUSAND SIXTY AND NO/100 DOLLARS ($8,060.00) per
month commencing January 1, 2018 and ending December 31, 2018.
13. EIGHT THOUSAND THREE HUNDRED TWO AND NO/100 DOLLARS
($8,302.00) per month commencing January 1, 2019 and ending December
31, 2019.
The total monthly Rent is payable in advance, without notice or demand, on
the tenth (10th) day of each month during the Term of this Lease. Payments
are to be mailed to: 230 Alamo Plaza, LLC, P. O. Box 66, Rodeo, CA 94572,
or such other place as Lessor may designate in writing from time to time.
3
3. Paragraph A.6. Notices is deleted in its entirety and replaced with the following:
A.8. Notices: All notices given hereunder shall be in writing and shall be deemed to
have been given if personally delivered, sent by nationally-recognized overnight courier
services, 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: c/o Colliers International
1850 Mt. Diablo Boulevard, Suite 200
Walnut Creek, CA 94596
Attention: Alamo Plaza Property Manager
With a copy to: Invesco Real Estate
2001 Ross Avenue, Suite 3400
Dallas, TX 75201
Attention: Alamo Plaza Asset Manager
To County: Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553
4. Paragraph C.7. Common Area – Maintenance Reimbursement is deleted in its entirety
and replaced with the following:
C.7. Common Area – Maintenance Reimbursement: County agrees to reimburse Lessor
for County’s share of the actual costs incurred by Lessor for insuring the S hopping
Center, in lighting the common areas, in keeping same striped, clean, and cleared of all
debris, including snow and ice, and in maintaining the common area in good repair,
excluding, however, the costs of any capitalized improvements or additions to the
common area. County shall so reimburse Lessor after receipt of satisfactory evidence of
said costs and the amount due from County, on a monthly basis concurrently with Rent.
County’s share (“Proportionate Share”) shall be a fraction of said costs, the numerator
of which fraction shall be 3,000 square feet, which is the area of the leased Premises, and
the denominator of which fraction shall be as follows: (i) for common area maintenance
charges, 197,688 square feet, (ii) for liability insurance, 140,548 square feet, and (iii)
property insurance, 113,264 square feet. County’s Proportionate Share may change
from time to time as the leasable square footage and/or configuration of the Shopping
Center is changed.
County acknowledges that it is responsible for the payment of its Proportionate
Share of costs incurred by Lessor for property insurance premiums, as provided above.
County and Lessor acknowledge that Lessor has failed to bill County, and County has
not paid, its Proportionate Share of property insurance costs in prior years. Lessor
4
hereby waives any claim Lessor may have to collect County’s Proportionate Share of
property insurance for any prior years of the Term through and including calendar year
2013. Effective January 1, 2014 and thereafter throughout the remainder of the Term of
this Lease (as hereby extended), County shall be responsible for payment of its
Proportionate Share of property insurance costs. County’s Proportionate Share of
property insurance for calendar year 2014, which have not been paid by County, will be
billed to County by Lessor in conjunction with Lessor’s annual reconciliation of
common area costs during the first quarter of 2015, and County shall pay any amounts
due to Lessor based on such reconciliation, including County’s Proportionate Share of
property insurance costs for 2014, within thirty (30) days of receipt of a billing therefor.
5. Paragraph C.9. Property Taxes is deleted in its entirety and replaced with the following:
C.9. Property Taxes: County shall pay to Lessor within thirty (30) days after being
requested to do so by Lessor during the Term, as additional rent, County’s share of any
real property taxes, assessments and levies, excluding any leasable square feet of any
building separately assessed or parceled for which one hundred percent (100%) of the
taxes are paid by any tenant or occupant of such building(s) or parcel(s). County’s share
of real property taxes is based on a fraction, the numerator if which is 3,000 square feet
and the denominator of which is 126,746 square feet. County’s share of real property
taxes may change from time to time as the leasable square footage of the tax parcel is
changed. At Lessor’s option, County shall pay County’s share of real property taxes on
a monthly basis concurrently with Rent.
It is understood that during the last year of occupancy, the taxes will be prorated
between Lessor and County according to the number of full months the County shall
have possession of the Premises.
6. All other terms of the Lease remain unchanged.
(Remainder of Page Intentionally Left Blank)
5
Lessor and County are causing this Second Amendment to Lease to be executed as of the
date set forth in the introductory paragraph.
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a
political subdivision of the State of
California
230 ALAMO PLAZA, LLC, a California
limited liability company
By: Invesco Advisors, Inc., Manager
By
By
Kevin Johnson
Julia R. Bueren
Public Works Director
Assistant Vice President
RECOMMENDED FOR APPROVAL:
JULIA R. BUEREN, Public Works Director
By______________________________
Karen Laws
Principal Real Estate Agent
By______________________________
Steven B. Van Horn
Senior Real Property Agent
APPROVED AS TO FORM:
SHARON L. ANDERSON, County Counsel
By______________________________
Kathleen M. Andrus
Deputy County Counsel
SBV:jc
150Alamoamendment13.3
G:\realprop\Board Orders\2015\03-March\March 31\Alama Plaza_SVH\150Alamoamendment13.3.doc