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HomeMy WebLinkAboutMINUTES - 02041997 - C8-C10 C.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on February 4 . 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Board Proceedings during the Month of January. 1997 IT IS BY THE BOARD ORDERED that the reading of the minutes of the proceedings of this Board for the month of January. 1997 is WAIVED, and said minutes are APPROVED as written. 1 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: February 4. 1997 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator i Byeputy C. 9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on February 4. 1997 by the following vote: AYES: Supervisors Rogers, Uilkma, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None ----------------------------------------------------------------- ----------------------------------------------------------------- SUBJECT: Affidavits of Publication of Ordinances This Board having heretofore adopted Ordinances Nos. 97-2 Affidavits of Publication of each of said Ordinances having been filed with the Clerk during the month of January. 1997 ; and it appearing from said affidavits that said Ordinances were duly and regularly published for the time and in the manner required by law; NOW THEREFORE, IT IS BY THE BOARD ORDERED that said Ordinances are declared duly published. 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: February 4 . 1997 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By _-bL( ,Deputy C . /o APPLICATION TO FILE LATE CLAIM February 4, 1997 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTION Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements, and Board Action.) notice of the action taken on Your application by (All Section References are to ) the Board of Supervisors (Paragraph III, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 and 915.4. Please note the OWARNING" below. Claimant: Gwendolyn Goodbeer Attorney: Felix Stuckey Stuckey Law Corporation Address: 1901 Harrison St. , Ste. 901 Oakland, CA 94612 Amount: $98,345.79 By delivery to Clerk on January 2, 1997 Date Received: January 2, 1997 By mail, postmarked on Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above noted Application to File Late Claim. DATED: January 3, 1997 -PHIL BATCHELOR, Clerk, By Asea e a � Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( ) The Board should grant this Application to File Late Claim (Section 911.6). (V) The Board should deny this Application to File Late C1 (Section 911.6). i17 DATED: P 'VICTOR WESTMAN, County Counsel, By _.�zt, �_�. �. eputy II. BOARD ORDER By unanimous vote o Supervisors present v (Check one only) ( ) This Application is granted (Section 911.6). ( X) This Application to File Late Claim is denied (Section 911.6). I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DA 'Yi/g9�PHIL BATCfIELOR, Clerk, By. fir — Deputy WARNIIM (Gov. Code 5911.8) If you Wish to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Government Code Section 945.4 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed With the court Within six (6) months from the date your application for leave to present a late claim Was denied. You may seek the advise of any attorney of your ohoioe in connection With this matter. If Want to consult an attorne should do so immediate1 . V. OMs ark o the Boar T0: 1 County unse 2 unty Administrator Attached are copies of the above Application. We notifed the applicant of the Board's action on this Application by mailing a copy of this document, and a memo thereof has ben filed and endorsed on the Board's copy of this Claim in accordance With Section 29703• DATiD:/'d�"`"d Ua�' /'"'I HIL BATCHELOR, Clerk, Deputy V. FROM: 1 County Counsel 2 County Administrator T0: Clerk of the Boar of Supervisors Received copies of this Application and Board Order. DATED: County Counsel, By County Administrator, By APPLICATION TO FILE LATE CLAIM s,rUCKEY 'LAW CORPORATIOiv ATTORNEYS AT LAW ` 1901 HARRISON STREET, SUITE 907 t 1 0 OAPS.AND,CA-LIFORA*IA 9461.2 RECEIVED TELEPHONE(510)465-0360 FAX(510)431-3973 IQ9yIIJN:- OF SUPERVISORS January 2, 1997 CpNTrtA COSTA CO. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM AND CLAIM FOR DAMAGES TO REAL PROPERTY Contra Costa County Board of Supervisors clo Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Re: In the Matter of the Claim of Gwendolyn Goodbeer against the General Services Department of Contra Costa County; 2910 Cutting Boulevard, Richmond. Board of Supervisors: The attached claim form seeks damages to real property located at 2910 Cutting Boulevard, Richmond. Pursuant to Section 911.4 of the Government Code, we are also filing concurrently this letter to serve as an application for leave to present a late claim in order to avoid additional delay: 1. Application is hereby made for leave to present a late claim under Section 911.4 of the Government Code. The claim is founded on a cause of action for breach of a lease contract which accrued on January 1, 1995, and for which a claim was not presented timely. For additional circumstances relating to the cause of action, reference is made to the claim form attached hereto as Exhibit A and made a part hereof. 2. The reason for the delay in presenting this claim is the excusable neglect of the claimant, as is more particularly shown in the declaration of Gwendolyn Goodbeer attached hereto as Exhibit B and made a part hereof. 3. Neither the Board of Supervisors nor the General Services Department have been prejudiced in the defense of this claim by the failure to file the claim in a timely manner as both Supervisor Jim Rogers and Peter Bancroft of the General Services Department, Lease Management Division have been negotiating a settlement of this claim from the accrual date of the cause of action until very recently. �;XH�BI"�; leo. --- _.__.. Claim Lo: BOARD SUPERVISORS Of COh7n COS'PA aw-my Iti=C7IONS TO M ADS 7 A. Claims relating to onuses of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 19879 must be presented not later than the IDOth day after the accrual of the cause of action. Clam relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988s must be presented not later than six months after the accrual of the cause of action. Clam relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) 8. Claim mast be filed with the Clerk of the Board of Supervisors at its office in Room 1069 County Administration Building, 651 Pine Street, Martinez, CJI 91553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the new of the District should be filled in. D. If the claim is against more than ane public entity, separate claim must be filed against each public entity. E. Fraud. See penalty for fraudulent claim, Penal Code Sec. 72 at the end of this e e 9 9 a 1 t 0 * * a ! a e e e s • ! e 6 a a e 6 a 6 a e e e e e e e f a e f ! ! f RE: Claim By Reserved for Clerk's filing stamp GWENDOL•YN COMBEER ) t the County of Contra Costa ) or ) District) in name ) She mdersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the aum of $ 98 . 345 . 79 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) During County' s use and occupancy 7/27/76 to 12/31/94 2. Where did the damage or injury occur? (Include city and ooa:ty) 2910 Cutting Boulevard Richmond CA 3. Sow did the damage or injury occur? (Give Sall details= use extra paper if required) See Attachment 1 4. What particular act or emission on the part of County or district officers, servants or employees Caused the injury or damage? 1 . Negligent Management 3 . Failure to peform remedial repairs 2 . Negligent and unauthorized 4 . Surrender of premises in Alterations substandard condition in violation of lease (over) 5. What are the names of cou ,sy or district officers, servar,a or employees causing the damage or injury? Peter Bancroft , General Services Department, Lease Management Division 6. iihat damage or injuries do you claim resulted? (Give full extent of injuries or Wages claimed. attach two estimates for auto damage. See Attachment 2 7. How was the amount claimed above occputed7 (Include the estimated amount of any prospective injury or damage.) See Attachment 3 8. Names and addresses of witnesses, doctors and hospitals. Jim Rogers , Peter Bancroft , Gwendolyn Goodbeer 9. List the expenditures you made an account of this accident or injury: DATE ITP.'"1 A iNIT See Attachment 4 aaa + aasaa + + • + aaataaaaa + a + aaaa ■ + a_a + aaa + aaa ■ v. Code Sec. 910.2 p bides: Claim must be si by th aimant S NMMS T0: (Attornev) some 'n on h bvhal Name and Address of Attorney h 4 � Felix Stuckey �- Stuckey Law Corporation 1 t s .'i Lure 1901 Harrison Street Suite 901 1000 Viewpr ive Oakland , CA 94612 Address Richmond , CA 94803 Telephone No. 510/465-0368 1 Telephone No. 510/262-9027 as ■ ■ aaas�'a't"a"s-=TiT7 ■ ■ a ■ ■ ■ ■ ■ + aa NOTICE Sectim T2 of the Penal Code provides: 9&ary pemm who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or waiting, is punishable either by imprisonment in the county jail for a Dariod of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars (=10,0009 or by both such imprisonment and fine. ATTACHMENT1 GENERAL DESCRIPTION OF DAMAGES 1. The damages arise out of a breach of lease agreements defining the County's obligations as lessee from July 27, 1973 until surrender of the premises on January 1, 1995. A copy of the controlling leases is attached as Exhibit 1. A copy of the letter showing the date of the County's surrender is attached as Exhibit 2. 2. Pursuant to paragraph 11 of the lease agreement, the County was responsible for all interior maintenance and repairs, for all code violations arising out of and directly related to the County's use and occupancy, and for regular litter and debris removal. In addition, the lease agreement provided that the County was to surrender the premises in good order, condition, and repair. 3. When the County surrendered the premises on January 1, 1995, the premises were not in good order, condition, and repair. In addition, the County made several unauthorized changes and modifications to the subject property's interior, including construction of new interior walls and shelving, and rerouting of electricity and plumbing. These alterations were negligently performed, substantially altered the property, and require corrective repair work before the property can be leased to a new tenant. An appraisal dated May 17, 1983 showing the original layout of the subject property is attached as Exhibit 3. Photographs of the subject property showing damages and negligent interior alterations are attached as Exhibit 4. 4. Due to the County's negligent management, the property's condition has deteriorated significantly beyond reasonable, normal or expected wear and tear. The property is currently out of code in many respects, and claimant has been unable to find a lessor since the County surrendered the premises. EXHIBIT No.. / LEASE 2910 Cutting Boulevard Richmond, California Methadone and Mental Health Clinic 1 . PARTIES: Effective on _ JUL 2 7 1976, WILLIAM C. SMITH and LUCINDA Y. SMITH, 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: 2. LEASE OF PREMISES: LESSOR, in consideration of the rents, covenants and conditions hereinafter expressed, hereby leases to COUNTY, and COUNTY hereby hires from LESSOR, all those certain premises, together with the improvements thereon, containing approximately 2,100 square feet commonly known as 2910 Cutting Boulevard, Richmond. COUNTY and its employees, agents, and invitees shall have the non-exclusive right to use the parking facilities located adjacent to the building, including parking facilities on LESSOR's adjacent property at 2900 Cutting Blvd. , Richmond. 3. TERM: The term of this agreement shall be for the period commencing June 6, 1976 and ending June 30, 1978. 4. EXTENSION: This lease may, at the option of the COUNTY be extended upon the same terms and conditions by giving LESSOR sixty (60) days prior written notice as follows: a. First extension 2 year term from July 1 , 1978 to June 30, 1980. b. Second extension 2 year term from July 1 , 1980 to June 30, 1982. 5. HOLDING OVER: Any holding over with LESSOR's consent after the expiration of the term of this lease, or any extension thereof, shall be construed to be a tenancy from month to month, and shall otherwise be on the same terms and conditions so far as applicable. 6. RENTAL: COUNTY agrees to pay to LESSOR an initial payment of $595.00 for the period June 6, 1976 through June 30, 1976, and thereafter a monthly rental of $714.00, payable on the tenth (10th) day of each month during COUNTY 's occupancy. Payments are to be sent to LESSOR, 2900 Cutting Boulevard, Richmond, CA 94804. - 1 - 7. _ TAXES: COUNTY shall pay to LESSOR within thirty (30) days after being re- quested to do ,so by LESSOR as additional rental a sum equal to the increment, if any, in City and/or County taxes levied against the leased premises in any year during the term of this lease or extension thereof which may exceed the property taxes for the 1975-76 fiscal year (Pcl . #549-192-00 said taxes being $1 ,148.76. 8. USE OF LEASED PREMISES: The premises shall be used during the term hereof for the operation of the County Hospital and for other purposes of conducting therein the business of the County. 9. UTILITY SYSTEMS: LESSOR shall furnish and maintain any and all electrical , water, plumbing, heating and ventilating systems in good working order, but shall not be responsible for any maintenance required because of abnormal or abusive use. Whether there has been abnormal or abusive use, shall be determined by the maintenance personnel of LESSOR and COUNTY. COUNTY shall replace filters in the heating system, lubricate said system, and perform periodic preventive maintenance to said system. 10. UTILITIES AND JANITORIAL SERVICES: COUNTY shall pay for all utilities, provide its own janitorial services and telephone services, and replace any and all electric lamps and ballasts in the lighting system. 11 . MAINTENANCE AND REPAIRS: a. LESSOR shall maintain the exterior of the building and all landscaping in good order, condition and repair, including all exterior doors and their fixtures, closures and hinges. LESSOR shall perform all gardening services at no cost to COUNTY. b. COUNTY shall keep and maintain the interior of the building 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 replace glass windows broken by its ' employees , agents , or invitees; if broken otherwise, LESSOR shall replace them. d. LESSOR shall be responsible for any code violations which may exist in the leased premises; provided that LESSOR shall not be liable for correction of code violations or CAL/OSHA violations which arise out of and are directly related to a change in the COUNTY's occupancy or use of said premises. e. COUNTY shall not suffer any waste on or to the demised premises. - 2 - 12. .FIRE EXTINGUISHER: LESSOR shall install one (1 ) fire extinguisher and shall annually service said extinguisher at no cost or expense to COUNTY. 13. MINOR ALTERATIONS, FIXTURES, AND SIGNS: COUNTY may make any lawful and proper minor alterations and may attach fixtures and signs in or upon the premises which shall remain COUNTY' s property and may be removed therefrom by COUNTY prior to the termination of this lease. LESSOR hereby grants COUNTY permission to install a Dutch door in the premises which shall be the property of COUNTY. Upon vacating the premises , COUNTY shall replace said door with a standard door. 14. HOLD HARMLESS: It is understood and agreed that LESSOR shall not in any way be responsible for damages to persons or property in and upon said premises while said persons are on COUNTY business, and shall not beheld liable for any liability, claim or suit for damages to the person or property of anyone whomsoever while in or upon said leased premises during said term in conjunction with the performance of COUNTY business, and COUNTY hereby agrees to indemnify and hold harmless LESSOR from any liability or charges of any kind or character by reason of such injury or damage claim or suit for liability arising therefrom in, around or upon said leased premises, with the exception that, in the case of any structural , mechanical , or other failure of equipment or building owned by LESSOR, which results in damage to any person or property, LESSOR will be held liable. LESSOR agrees to hold COUNTY completely harmless from damages to persons or property, and COUNTY shall not be held liable for any liability, claim, or suit for damages to the person or property when and if said persons or property are passing through or are in or around said demised premises and are not acting in conjunction with COUNTY business. 15. DESTRUCTION: If these premises or any essential part thereof be destroyed by fire, earthquake, or other casualty, this lease shall , in the case of total or sub- stantial destruction, immediately terminate, and in the case of partial destruction or damage, shall terminate at the option of either party on giving written notice to the other party within fifteen (15) days after such destruction. Should COUNTY and LESSOR not elect to terminate said lease as provided in this paragraph, LESSOR shall forthwith repair the premises, and if such partial destruction shall prevent COUNTY from occupying the whole or a portion of the demised premises , COUNTY shall - 3 - be eptitled to a proportionate reduction of the said rent from the date of such partial destruction until the date the demised premises shall be repaired by LESSOR. 16. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the said term peaceably and quietly have, hold, and enjoy the demised premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. 17. DEFAULTS: In the event of COUNTY breach of any of the covenants or conditions herein, including rent payment, LESSOR may reenter and repossess the premises and remove all persons and property therefrom; and in the event of such a breach by LESSOR, COUNTY may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from rental_ payments due the LESSOR. 4, 18. SURRENDER OF PREMISES: On the last day of the said 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 in Section 12 herein) in good order, condition, and repair, 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 excepted. 19. SUCCESSORS, ASSIGNS, .SUB-LEASES: The terms and provisions of this lease shall extend to and be binding upon and inure to the benefit of the executors , administrators, successors and assigns of the respective parties hereto; but without LESSOR's consent, COUNTY shall not assign this lease nor sublet all or any part of these premises nor permit the use thereof by anyone other than COUNTY, such sublessees, and their officers, agents and employees, although LESSOR may assign this lease without further consent from COUNTY. 20. INSPECTION: LESSOR reserves the right to enter the premises between the hours of 7:00 a.m. and 3:00 p.m. , Monday through Friday, or in any emergency situation, and to employ the proper representative to insure 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. - 4 - 21 . , PRIOR LEASE: It is understood and agreed that the executor of this agreement shall terminate the prior lease dated June 5, 1973 by and between the parties hereto as of June 5, 1976. 22. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this lease. LESSEE LESSOR COUNTY OF CONTRA COSTA, a political subdivision of the State of California By William C. Smith By%, J, P. Kenny By l ` h rman, Board o/, Clerkervisors u inda Y. Smith ATTEST: J. R. OLSSO By _ Deputy ryCraig RECOMMENDED FOR APPROVAL: By _ County Admi istr or By 4eal Property Age Dep ty Public Works D' to Buildings & Grounds APPROVED AS TO FORM: JOHN B. C /US/EN, County Counsel By U p o ounse - 5 - LEASE 2910 Cutting Boulevard Richmond, California Methadone and Mental Health Clinic 1 . PARTIES: Effective on I�$v u WL _ I ) 19 g4 , WILLIAM C. SMITH and LUCINDA Y. SMITH, hereinafter called "LESSOR", and California Health Associates, Inc. , hereinafter called "CHA", mutually agree and promise as follows: 2. LEASE OF PREMISES: LESSOR, in consideration of the rents, covenants and conditions hereinafter expressed, hereby leases all those certain premises, together with the improvements thereon, containing approximately 2,100 square feet commonly known as 2910 Cutting Boulevard, Richmond. CHA and its employees, agents, and invitees shall have the non-exclusive right to use the parking facilities located adjacent to the building, including parking facilities on LESSOR's adjacent property at 2900 Cutting Blvd. , Richmond. 3. TERM: The term of this agreement shall be for the period commencing February 1 , 1984 and ending June 30, 1984. 4. EXTENSION: This lease may, at the option of CHA be extended upon the same terms and conditions with the exception of a 5% per annum increase in lease pay- ments by giving LESSOR 60 days prior written notice as follows: a. First extension 1 year term from July 1 , 1984 to June 30, 1985. b. Second extension I year term from July 1 , 1985 to June 30, 1986. c. Third extension I year term from July 1 , 1986 to June 30, 1987. d. Fourth extension I year term from July 1 , 1987 to June 30, 1988. e. Fifth extension I year term from July 1 , 1988 to June 30, 1989. 5. HOLDING OVER: Any holding over with LESSOR's consent after the expiration of the term of this lease, or any extension thereof, shall be construed to be a tenancy from month tc month, and shall otherwise be on the same terms and con- ditions so far as applicable. 6. RENTAL: CHA agrees to pay to LESSOR an initial payment of $1 ,150.00/M0, for the period of February 1 , 1984 through dune 30, 1984, and thereafter a monthly rental based upon the following schedule and payable on the tenth (10th) day of each month during CHA' s occupancy: Period Monthly Rent 2/1/84 - 6-30-84 $1 ,150/M0. 7/1/84 - 6/30/85 $1 ,208/M0. 7/1/85 - 6/30/86 $1 ,268/MO. 7/1/86 - 6/30/87 $1 ,331/MO. 7/1/87 - 6/30/88 $1,398/MO. 7/1/88 - 6/30/89 $1 ,468/MO. 7. TAXES: CHA shall pay to LESSOR within thirty (30) days after being re- quested to do so by LESSOR as additional rental a sum equal to the increment, if any, in City and/or County taxes levied against the leased premises in any year during the term of this lease or extension thereof which may exceed the property taxes for the 1976 fiscal year (Pcl . #549-192-008) , said taxes being $1 , 148.76. 8. USE OF LEASED PREMISES: The premises shall be used during the term hereof for the operation of the CHA Drug Abuse Treatment Program and for other purposes of conducting therein the business of CHA. 9. UTILITY SYSTEMS: LESSOR shall furnish and maintain any and all electrical , water, plumbing, heating and ventilating systems in good working order, but shall not be responsible for any maintenance required because of abnormal or abusive use. Whither there has been abnormal or abusive use shall be determined by the maintenance personnel of LESSOR and CHA. CHA shall replace filters in the heating system, lubricate said system, and perform periodic preventive maintenance to said system. 10. UTILITIES AND JANITORIAL SERVICES: CHA shall pay for all utilities, provide its own janitorial services and telephone services, and replace any and all elec- tric lamps and ballasts in the lighting system. 11 . MAINTENANCE AND REPAIRS: a. LESSOR shall maintain the exterior of the building and all landscaping in good order, condition and repair, including all exterior doors and their fixtures, closures and hinges. LESSOR shall perform gardening services at no cost to CHA, with the exception of the regular removal of litter from the area immediately surrounding the building, extending in front to the sidewalk, in the rear to the alley, on the east to the property line, and on the west to the adjacent building, which will be performed by CHA at no cost to the LESSOR. b. CHA shall keep and maintain the interior of the building 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. CHA shall replace glass windows broken by its' employees, agents, or invitees; if broken otherwise, LESSOR shall replace them. d. LESSOR shall be responsible for any code violations which may exist in the leased premises; provided that LESSOR shall not be liable for correction of code violations or CAL/OSHA violations which arise out of and are directly related to a change in the CHA's occupancy or use of said premises. e. CHA shall not suffer any waste on or to the demised premises. 12. INSURANCE: Within 30 days after the commencement of, the lease period, lessee will provide evidence of a fire and casualty policy for Heid premises naming the LESSOR as additional insureds. 13. FIRE EXTINGUISHER: LESSOR shall install one ( 1 ) fire extinguisher and shall �J annually service said extinguisher at no cost or expense to CHA. 14. MINOR ALTERATION, FIXTURES, AND SIGNS: CHA may make any lawful and proper alteration and may attach fixtures and sign in or upon the premises which shall remain CHA`s property and may be removed therefrom by CHA prior to the termination of this lease. 15. HOLD HARMLESS: It is understood and agreed that LESSOR shall not in any way be responsible for damages to persons or property in and upon said premises while said persons are on CHA business, and shall not be held liable for any liability, claim or suit for damages to the person or property of anyone whomsoever while in or upon said leased premises during said term in conjunction with the performance of CHA business, and CHA hereby agrees to indemnify and hold harmless LESSOR from any liability or charges of any kind or character by reason of such injury or damage claim or suit for liability arising therefrom in, around or upon said leased premises, with the exception that, in the case of any structural , mechanical , or other failure of equipment or building owned by LESSOR, which results in damage to any person or property, LESSOR will be held liable. 16. LESSOR agrees to hold CHA completely harmless from damages to persons or property, and CHA shall not be held liable for any liablity, claim, or suit for damages to the person or property when and if said persons or property are passing through or are in or around said demised premises and are not acting in conjunc- tion with CHA business. 17. DESTRUCTION: If these premises or any essential part thereof be destroyed by fire, earthquake, or other casualty, this lease shall , in the case of total or substantial destruction, immediately terminate, and in the case of partial destruc- tion or damage, shall terminate at the option of either party on giving written notice to the other party within fifteen ( 15) days after such destruction. Should CHA and LESSOR not elect to terminate said lease as provided in this paragraph, LESSOR shall forthwith repair the premises, and if such partial destruction shall prevent CHA from occupying the whole or a portion of the demised premises, CHA shall be entitled to a proportionate reduction of the said rent from the date of such partial destruction until the date the demised premises shall be repaired by LESSOR. 18. QUIET ENJOYMENT: LESSOR covenants that CHA shall at all times during the said term peaceably and quietly have, hold, and enjoy the demised premises with- out suit, trouble or hindrance from or on account of LESSOR as long as CHA fully performs hereunder. 19. DEFAULTS: In the event of CHA breach of ony of the convenants or conditions d herein, including rent payment, LESSOR may reenter and repossess the premises and remove all persons and property therefrom; and in the event of such a breach by LESSOR, CHA may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from rental payments due the LESSOR. 20, SURRENDER OF PREMISES: On the last day of the said term, or sooner termi- nation of this lease, CHA will peaceably and quietly leave and surrender to LESSOR - 3 - these premises with their appurtenances and fixtures (except signs and fixtures referred to in Section 12 herein) in good order, condition, and repair, reasona- ble use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which CHA has no control excep- ted. 21 . SUCCESSORS, ASSIGNS, SUB-LEASES: The terms and provisions of this lease shall extend to and be binding upon and inure to the benefit of the executors, administrators, successors and assigna of the respective parties hereto; CHA may assign this lease or sublet all or any part of these premises to Contra Costa County without the consent of LESSOR. CHA may not assign this lease nor sublet to any party other than Contra Costa County without the prior written consent of LESSOR. 22. INSPECTION: By appointment, LESSOR reserves the right to enter the premises between the hours of 7:00 a.m. and 3:00 p.m. , Monday through Friday, or in any emergency situation, and to employ the proper representative to insure 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 prop- erty, and in full compliance with the terms and conditions of this lease. 23. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this lease. LESSEE by Mary CEricks ate Program irector California Health Associates, Contra Costa County LESSOR by, lir William C. Smith ` Date by - L %� i �iucinda V. Smith Date _ q _ :, AMENDMENT TO LEASE 2910 Cutting Boulevard Richmond, California Health Services 1. PARTIES: Effective on m4ncd, /9W3 the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY," and WILLIAM C. SMITH AND LUCINDA Y . SMITH, hereinafter called "LESSOR, " mutually agree as follows : 2. PURPOSE : The parties desire to amend that lease entered into between LESSOR and COUNTY dated July 27, 1976, for operation of the premises commonly known as 2910 Cutting Boulevard, Richmond, California, to provide for an appropriate rental adjustment for continued COUNTY occupancy of the premises. 3. AMENDMENT: Paragraph 5, HOLDING OVER, shall be deleted in its entirety and replaced by the following: 5. HOLDING OVER : Any holding over with LESSOR's consent after the expiration of the term of this lease, or any extension thereof , shall be construed to be a tenancy from month to month , and shall otherwise be on the same terms and conditions so far as applicable, except that commencing July 1, 1982, the rent shall be ONE THOUSAND ONE HUNDRED THIRTY-FOUR AND NO/100 DOLLARS ($1,134.00) per month. 4. EFFECT: Except for the Amendment agreed to herein, the lease of July 27, 1976 remains in full force and effect. IN WITNESS WHEREOF, the parties have executed the Amendment to Lease as of the day and year first written hereinabove. COUNTY LESSOR COUNTYOF C tofpR olitical (� subdivisi t California By x,///.:LE�e rt'� � e�w✓1" ' By . 1.Schror;er William C. Smith Chai an, Board of Supery ors By L da Y. Smith ATTEST: . R. OLSSON, Clerk By Iaqfi Deputy RECOMMENDED FOR APPROVAL : APPROVED AS TO FORM: By0 JOHN B. CLAUSEN, County Counsel Det County A inistrator gy , 0,pu 'Depufy Deputy Public WbrkV, birector Build' gs a nds By Lease Manager TO BOARD OF SUPERVI )RS ^^��,,,�♦} r FROM: Phil Batchelor, County Administrator Costa�ra t�l sta DATE; January 27 , 1988 Ca SUBJECT: Lease Assignment for the Health Services Department SPECIFIC REOUESTJS) OR RECOMMENDATIONIS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: AUTHORIZE the Director of General Services to EXECUTE, on behalf of the County, an Acceptance of a Lease Assignment, commencing March 1, 1988 from California Health Associates for the premises at 2910 Cutting Boulevard, Richmond, for occupancy by the Health Services Department, under the terms and conditions more particularly set forth in said Lease assignment. Ii. Financial Impact: Payments required are to come from the budget of the Health Services Department. III. Reasons for Recommendations/Background: Provide for the transfer of the lease for the Richmond Methadone Clinic from the Contractor to the County as requested by the Health Services Department. CONTINUED ON ATTACHMENT. YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION Or BOARD COMMITTEE APPROVE OTHER SIGNATUREISI' ACTION OF BOARD ON _ FB_9_198g A- PROVED A9 RlCMM3NOED OTHER VOTE OF SUPERV19ORS I HEREBY CERTIFY THAT THIS IS A TRUE XUNANIMOUS JABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: _ _ NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED FEB 9 198.8 County Auditor-Controller(via L/M) PHIL BATCHELOR. CLERK OF THE BOARD OF � L�ssor(via L/M) SUPERVISORS AND COUNTY ADMINISTRATOR L-Yiealth Services Department(via L/M) M381i7-83 BY �/ ./� _,DEPUTY Orig: General Services-L/M BAHSPB27.188 Buildings and Grounds(via L/M) PB:dD Contra �dNERAL SERVICES DEPARTMEN - Barton J. Gilbert Director of General Services Architectural Division Robert D. Hill Costa Lease Management Division Supervising Architect County 1220 Morello Avenue, Suite 100 (415) 372.2146 Martinez, California 94553-4711 W. Alan Pfeiffer March 8, 1988 (415) Manager7 --466 (415)8464818(Albr Oct.24,1987) pi ie William C. Smith T„ COIIN'�' 2532 Duke Street Richmond, CA 94806 Subject: Lease Assignment - 2910 Cutting Boulevard, Richmond Dear Mr. Smith: The Lease dated February 1, 1984, for the premises at 2910 Cutting Boulevard, Richmond, has been assigned to the County, in accordance with paragraph 21 of that Lease. Enclosed is the rent for March, 1988. Future rent will be paid directly by the Auditor, as was done when the County leased the property previously. Also enclosed is a copy of the Assignment of Lease and Acceptance, and the Board Order accepting the Lease by the County. If you have any questions, please call me at 646-4616. Sincerely, Peter Bancroft Lease Management PB:dp RAHSPBO2.388 -- Enclosures 3ENERAL SERVICES DEPARTM Et Barton J. Gilbert Contra Director of General Services Architectural Division Robert D. Hill Costa Lease Management Division Supervising Architect County 1220 Morello Avenue, Suite 100 (510)313-7200 Martinez, California 94553-4711 W. Alan Pfeiffer Lease Manager yE, i (510)313-7250 _ - - FAX(510)313-7299 December 8, 1994 sTa COUkT Gwendolyn Goodbeer 1000 View Drive Richmond, CA 94803 Subject: Lease - 2910 Cutting Boulevard, Richmond Dear Mrs . Goodbeer: Confirming our conversation of December 3, 1994, the County is to pay you December rent while the settlement for the condition of the building is being resolved. If the settlement is made before the end of the month, any excess rent shall be refunded or applied to the settlement, and the lease will terminate as of the settlement date. The lease will terminate no later than December 31, 1994 . You have been provided with access to the building, and will have a contractor provide a list of the items which are deficient, and a cost to make repairs . Please call me at 313-7252 when the list is ready. Sincerely, �1'47tz� Peter Bancroft Lease Management Division PB:dp HOAGMT.D94 cc : Kathy Brown cry r7 STATZIIA I+T Sonald R. Pavel , 1084 Miller Drive Lafayette, Ca :'4549 L REAM MUCH THIS STY!WRH♦OVI IEAuf1An *.YOM CANC_:M CN£CK d YOL"c'_Ctl", f 5-11-8 Fair Markgt Apprais6l 2310 Cutting Blvd. Richmond, Ca For Services $240.00 $240,00 C5 874 POLY PAK 54ES) 8P874 g_ JOHN R. BARTON, A-$.A, rr tE R F LEASE SUMMARY E SMITH BUILDING t s Fnllowir-9 is a brief summary of a lease dated Wuly 27,1976 4 s and extension mod'i ica` in effective March, 1953. P^RTIES Hilliam C. & Lucinda Y. Smith, Lessor- — County of Contra Costa, Lessee. I TERt1 Period June E, 1976 ending Jure 30, 190 i EXTENS)JON lst Extension 2 year July 1 , 197P to June _ --- - :0, Tool 2nd Extension 2 yeaWuly 1 . 1980 to Jun^ i ?n. l9w RENTAL. Modified from the origional $711 nor r.nn4 I v- in 1976 to $1 ,131 from July 1 , IVA Cern- cy on month to month on the same terms and conditions except "holding over" is dolec`V TAXES . County pays as additional rent any cum eye- the base year in excess of $1 ,148.76. On 13 reduced rent to a present 5510.20 effr:%:— ely elimmating any excess for the or;w O. UTILITY SYSTEMS Lessor furnish and maintain, lesr.E , rpol<w -- - filters, lubricate system ane nre°„rm r. -i odic preventive maintenance. Lcsoc, pay a 1 utilities, janitorial and telephnm srroicr and replace lamps and ballasts. MAFNTENANCE Leysor maintains building erte"ior: "- landscaping - - --..-- Les_ee maikain interior. W pr e IA,Ca:.. Cn.4m F] J01414 A. 9AATON, A.S.A. wnsnw,SCn d SMITH BUILPIPafi INCOME APPROACH i The month to month lease between the"Smith" and Contra Nota Caaut; has berm summarized in this report. The agreed to mnntKy rrn?,! j w2s increased by 1 nIgen document, to $1 ,134 or ?13,601 p- Son—, All previous teras remzin unchanged except Paragraph 5, h ldir; over, is deleted. Lessee continues to provide preventative rn1r- j t_.3amce, lia5ility insurance, utilities, cleaning and maintai" interim- of the building. Based on the above, the following developer: INCOMELL Gross Income Annual 13,600 EXPENS' S Real Estate Taxes $640 k t Insurance 050 Mai ,tenance Reserve 600 Manjcment 300 i 4`„ Nei; Income __._ )QW _ ` 6) , OVFPALL CAPITALi7_ATION Lased on the money market rates and considering the Lessor on a 44 mon' ` to month basis, 100 is f feli to be reasonable and will support a value of $117,+10 i:otsndr`d $1 17,000 I e , E l a P s 0 1 NG A G)F 1947 1411 1-1 Af I C sFl r TI f MIROW, WNTARLI 2,088 sq ft 291n (.f-TTIrT r'I-Vr) PAVED AREA 5,206 aq 't A.P.M. 92-qf)r LT ARFPI 9,117 aq ft PLPT PLAN )3f71!t,r 1/-1r,n % Q A JOHN R. BARTON, A.S.A. /./.011A1u[Y 1 8 SMITH BHILDIV 9 REPLACEMENT COST y The replacement cost approach is composed of thfi estimated rcplacen'."t cost ne:1 less curable and incurable doo etta° Inn. !_and value is established in the market and from expert rani } on of tbor.c knowled9cahle in the area. The r^ ult is tit:. X6.1 s of determir-d to be $5.00 per square foot. 1a;TF:DVEMENTS Gross Bldg. Area 2,088 sq ft 0 $50.00 $104.400 Lot 9avinq 5,205 sq ft to $ 1 .75 8,110 i Porches, t?alk & Landscaping Estimated idea CostfU,' ftl ' D"PRFCIATTON This 36 veer old structure has both incurable b »hpc'c.tl c: .-i oration and de erred maitltcran- a r The cost. to briig this medically do:,icned q i building to near now condition and offset_ in- cv^ahle diterioratinn is estimated to be 'P;> Add Land Value 0 $5,lsq ft 9,117 sq ft 0 $5 Rounded In.l{ cated Value Rovndcd x t E 1 f r e p F t 4 k �urnn n.bl3RiTM. ?arb.�. anrAa OCA 1 QUAL IF ICA IIONS EM—i-, OYFD P.`.' INDIVIDUAL CLIENTS AS A FULL TIME R-rL ESTATE AND INTANGIBI..- RUSIP!' SF P.""PITfzE EX RiENCF. 33 YEARS APPRAISAL EXrEf Tc;i f r i,r!- i PUBLIC ACQUISITIONS Itl Ftjjtj,"rJ' RESIDENTIAL, LARGE t'L':T:,,.-(.III S CIAL PURPOSE PROPZ'.TT"F,, A`R R F I S 9 INTANGIBLE OUSINrSS Ufl�UATI�.'1:, ELIENT SAI*fPLTP,G DIVISION OF HIGHWAV7, Sift TE F ' CPLTM!i-(')IA, BAY AREA RAPID TRAM 'T DIF.TR- T CITIES, COUNTIES, STITES AND EP7P:-,L G.DVERNMCr4T f FEDERAL NATIONAL MOR;GAr,;E ASS jrIATIGN MOR"I DACE G_tJARANTY TN--Ur',A'%'(-E LLOYDS AT LONDON IN UI?!?R; COMPAi)I55 PETROLEUM CUMIPAINIES 3 A4J�^�RUUS A;7•�.nlF:.,S J 9 INDIVIDUAL. PROPERTY OWNERS EXPERT LIITNESS CONTRA COSTA COUNTY SUM';:[)R C.LM"T AL.A?!ED:t COUNTY SUPERIO" Ct tl^T SAN rRANC!F•'."Ll COUNTY SUPF-J:.GR rOi OT WnTN COUNTY SUPERIOR i"?"t T ? SA%TA CLARA COUNTY SUPER-;fin Mr !,PT iL FEDEnAL DISTRIFT '"GUPT 3 SOCIETY t4Ef^E.=RSyiP SENIOR MEFlOEP., AMERICAN SOr.iEl�• O:' r'?'^.?- a RRFR OF E:'.PrRIENCc ENTIRE STATE OF CALIFORNIA Cay R C^n,Trn;_irC;, BASIS r F,DR2cSS 2 Bates Boulevard _ - 4 Drinda, Ca 94563 F i g i 4 i r t t F W z%W "uvry AND STA7'EMP.NT 0 F LtA11T[''JG C(1 vAtETi')P!S r:£AITt),�J: The Appr,iser certifies and 1groes that: f913nrnis^s Ims no present or contemplated futurn interest in the pronrrfv nttn rri , -..i t;,,• r . . n^,ni to mnkn this appraisal, nor 1t70 i:DmpnnSatlO❑ for it, is c:Or tint;f[n? nnnn 1!�r• ren_;•.l:':' I ""^ ;1r i 2. . _o! pprai;^r hes nn per;nrat interrst in or bias with resp^..^.t to the suWert matter o`the , rti pny?t'3 to ih.9 COO. 3- Th„ Apprnisnr ha; pc:sonally inspected tlin property, hath insidn n. d nett. and "jai ;icor flier• ire. eft., tr.:,r r,,`?h.. c Anat+.d^Jr,,, aR't b-lief. all stateine+its and informntion in tfu:. report are ir.. and ren;,, ft. i r,,.1: , has ref knnviim,ly xviihheld ar.y ,significant informntion. (..�.• _�.•'.,` (•` ? l •":'0 i� carv.Tk-is are containnd hn-cin.. l±mnn-0 I .• th^ rry% ;•err- 1 1- ' i*1 t!!,Z t - r 'i n*, '- ' i`;Q 1:.,^n r, ,!o in c_nfa-.city with ar-'l is -.• ... . of tl?c ap-ru:n? are aCn r-j ;n; `ns C. ..� °'le th.c rCnI C.n,tato ftl,t cro ria fcr't' in tl'- err. .. Ar . e!.ose ;if;naktra epp,Ira cn this '-')'-'T h:::a n-) . ee;ponsibility for any such ueauthori..cd ch:a',go. rlpl. "}.:ins co:dii.3n3 and to such other sncrl lf: zrd Imitini,, r ondiiie?^a r< nm C.,2 f,1.11 !.'7"^P C , ^,Crcmrnt--,nnr ^pCLL^ill!iRty t`c Apl;rniccr ret?c'or ac,f cts_rn as to t:-o tic, W!!.,-" is is cccc:,.._i ; ; L. 6iy is a�- -QI A a3 "%ie��h md-r rccpc:,34bIo owroCCG'.ip. . ::3 fl.,. '2 in fl?ts Ten+ :t L^. .IIcle4Cd to as ...)t Cie rcoucr invisimli- n„ CII.. f7E: a ,t a._'1 i'In t.n �•:'. . . fc; it•, a• --m% Sl?o Ap­(.i:cr h2s maria ro Evrvoy of tnc r. 1 �''"` A(` :_.:C iS P.ni rCO+!i•'cd t0 p,3VC te'i',•T.QRy Ot app^nr !^ Cni!rt F CBuC^ re ptin._ .y ,;] (;l_r zion, U'71c_3 errangementS linun bccn rrr_i:'. I, OCStCib!•.iti.n Cf tFc total valuation iTl thin report between. Ian('• cur? i•^n^nc,c- -�;:• r ::::pr; cam•..•.. •.r�., t 7^moi �'iT P.r'"uti,:70" 1_l.Ti]O9cvratpt",^.125:i1er3 f^r lmzd aR(! F.l::iL i"t'_C ' .... -- .,. end aro 1"vaM if ca used. ern.�. c t- 1 i ! nE1 Cent Cna t-> O.^.fi Cr the. cni. ...�, Gsum. ' t_.ai thcro ere rEo .]_e en or RRsp p. c:aa rcpt"c£ it r rc or I= viluab.'c. The Appraiser esummcs no rc `. : :•,: r ... iC; L�I•i;.:? :1;f'?t ; .: rc';l,;rcd to diacover such factors. ecSE^ates. and ot,inions furSshed to the Appro;cer and contrinrd in it '; ' '^ t: '.t fr "I Pro— C__ re— .. ..C�C'1"^ rYcE'"C'1.^}`t. u3 1, >'^L'cd i+?hC true and Correc'i. However,no Ce9lGn,th. .i!:L' ,.-C.::.. . . "l1 .•. . - i•.:c l.� A^nrei_cr ccn he asrunicd b ' the AppfaiEcr. u bi, the An aiser Of tha ConteatS of this appraisal report is svhjcrt to rc.:cL:• in er'.t'i::: " • ' o° iI'.CI prrfCSSinnal nrnrciSnl or', mi^_a:1^n3 with which t1 c A?":^._'::£ L, ..... . .'". rear nc!st ei t"i^contents of tti'4£snort,or Copy thereof iCOn^IL ecn4 n3trur3, rcFcrcl'CCI to any prcfccc!one" aural':^1 C i,i:.'Jf ^, 5r f'• -.-'7 'll t.•3 UC^."i fOc nLp f:1'rp e;f3S by ai]yOR^, but th".` [:11�r I• (:" t .. j" - I�_ .�.. f.• t, 1P .rr:3, C±: *._I Jr": profQ!'Cinnol erpraisal ort;cni.at:ons cny s>,a'o C _ ...car .^rev,Qr,nQ. u-�cri:elity of thcl Un,ta1.Stetos or c;any &tote ere o`th , C" E•:' ' .` r r , r. r_;,.t'of i m Appr_'_^>.exc.,E.t vprn demand by tom.. k n `.i;:;nr; f",rot!;) n lvc,TVsing, pub!ir, relnUonr' news. ralcr• of C,*! Aprrairor. r ren •^flS.^.19• eub;_-fIt to satiofamory completion, repalrS. of tb:^ Un-1 completion of the improvcmcatQ in a t`.orkrn::r•' . . .._. t,t P?r u ' ti �n FRI' Art c--A 14 � M n a � .....---._. ATTACHMENT2 CLAIMED DAMAGES 1. Cost of repair to electrical system caused by the County's unauthorized and negligent modifications to the building's electrical system. 2. Cost of repair to interior walls caused by the County's unauthorized and negligent modification and alteration of the building facilities. 3. Cost of repair to the plumbing system caused by the County's unauthorized and negligent modification and alteration of the building plumbing system. 4. Cost of miscellaneous interior repairs necessary to correct unreasonable and unexpected wear and tear caused by the County's negligent management of the property. 5. Lost rental income due to claimant's inability to lease the 2910 Cutting Boulevard property due to damages and disrepair caused by the County's negligent management and claimant's inability to procure financing to initiate corrective repairs. ATTACHMENT PRELIMINARY ESTIMATE OF DAMAGES' 1. Cost of repair to electrical system caused by unauthorized modifications by County: $17,238.79. Repair cost estimate is attached as Exhibit 5. 2. Cost of repair to interior walls caused by unauthorized modification and additions made by County: $10,000.00 (estimate). 3. Cost of repair to plumbing system and fixtures caused by negligent maintenance and unauthorized modifications made by County: $5,000.00 (estimate). 4. Miscellaneous interior repairs, such as door, floor, window and counter top repairs as identified in May 3,1995 letter to Peter Bancroft of the General Services Department: $17.471.00. This letter is attached as Exhibit 6. 5. Lost rent due to inability to rent due to property damages and disrepair caused by County: $2026.50/month x 24 months (1/95-12/96) = $48,636.00 PRELIMINARY ESTIMATE OF TOTAL DAMAGES: $98,345.79. 'Claimant is currently obtaining estimates from contractors for the cost of repairs to the interior of the building. An accurate itemization of total damages sustained will be filed as an amendment to this claim within two to three weeks. Wilson Electric 3-03-95 10:42 Pg: 1 BID NAME: CONTRA COSTA COUNTY SQUARE FOOTAGE: 0 BID NUMBER: 8 SALES TAXES: MAT= EXEMPT LAB- EXEMPT BID DATE: 3-03-95 TAKE-OFF MATERIAL MARKUP: 1.30 ESTIMATOR: RW Mat=Bid Lab=BidA AVERAGE HOURLY LABOR RATE: $36.50 JOB ADDRESS: 2910 CUTTING BLVD. LABOR MARKUP: .00 CUSTOMER: DONALD LOWERY LABOR DIFFICULTY: VARIABLE CHANGE ORDER: 3-03-95 S H L E C T E D B R E A K O U T S L I S T ---------------------------------------------------------------------------------------------------------------------------- ! ! ! I M P O R T A N T . ! ! There are no Adjustment Multipliers applied to any Breakout Levels in this Bid. ---------------------------------------------------------------------------------------------------------------------------- BASE/ALTS SHEET NO. SYSTEM FEEDER NAME (Untitled) (Untitled) SEPARATED SEPARATED SBPARATSD SEPARATED SEPARATED S13PARATED +BASE BID N/A N/A +N/A +<No Name> +<No Name> ALT 1 +SHEET E-1 +LIGHTING XFMR-MDP ALT 2 SHEET 9-2 SWITCHGEAR MDP-PNL A ALT 3 SHEET 8-3 BRANCH MDP-PNL B SHEET H-4 FEEDERS SHBBT B-5 SITE / 9 SHEET 3-6 FIRE ALARM SHEET 13-7 q�/�. 117 C(� SHEET 13-8 SHBBT 2-9 n 5 C SHHHT H-10 SHEET H-11 +SHEET 8-12 ,SHEET E-13 ®`�J +SHBBT 13-14 +SH88T E-15 +SH88T R-16 +SHEET 8-17 +SH88T B-18 +SH88T 8-19 +SHEET E-20 +SHEET E-21 +SHEET 8-22 +SHEET E-23 +SHBBT 8-24 +SH88T 9-25 +SHEET E-26 +SHEET 8-27 +SHEET 2-28 +SH88T 13-29 +SH88T H-30 ---------------------------------------------------------------------------------------------------------------------------- + = Breakouts currently selected for printing - Continued on next page - Wilson Electric 3-03-95 10:42 Pg: 2 BID NAME: CONTRA COSTA COUNTY SQUARE FOOTAGE: 0 BID NUMBER: 8 SALES TAXES: MAT. EXEMPT LAB= EXEMPT BID DATE: 3-03-95 TAKE-OFF MATERIAL MARKUP: 1.30 ESTIMATOR: RW Mat=Bid Lab=BidA AVERAGE HOURLY LABOR RATE: $36.50 SOB ADDRESS: 2910 CUTTING BLVD. LABOR MARKUP: .00 CUSTOMER: DONALD LOWERY LABOR DIFFICULTY: VARIABLE CHANGE ORDER: 3-03-95 * S E L E C T E D B R E A K O U T S L I S T ---------------------------------------------------------------------------------------------------------------------------- ! . ! I M P O R T A N T . ! . There are no Adjustment Multipliers applied to any Breakout Levels in this Bid. ---------------------------------------------------------------------------------------------------------------------------- BASE/ALTS SHEET NO. SYSTEM FEEDER NAME {Untitled] (Untitled) SEPARATED SEPARATED SEPARATED SEPARATED SEPARATED SEPARATED * B N D O F B R E A K O U T C H A R T I Wilson Electric 3-03-95 10:42 Pg: 1 BID NAME: CONTRA COSTA COUNTY SQUARE FOOTAGE: 0 BID NUMBER: 8 SALES TAXES: MAT. EXEMPT LAB. EXEMPT BID DATE: 3-03-95 TAKE-OFF MATERIAL MARKUP: 1.30 ESTIMATOR: RW Mat.eid Lab.BidA AVERAGE HOURLY LABOR RATE: $36.50 JOB ADDRESS: 2910 CUTTING BLVD. LABOR MARKUP: .00 CUSTOMER: DONALD LOWERY LABOR DIFFICULTY: VARIABLE CHANGE ORDER: 3-03-95 + * * TAKEOFF ADJUSTMENT MULTIPLIERS LIST * * + COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 COLUMN MULTIPLIERS CUMULATIVE MULTIPLIERS BASE/ALTS SHEET NO. SYSTEM PEHDER NAME (Untitled) (Untitled) MAT x LAB X QTY X MAT x LAB x QTY x + + + N 0 B R E A K O U T M U L T I P L I E R S A P P L I E D T O T H E T A K H O F P * * + Wilson Electric SOB: 8 Mat=Bid Lab=BidA * B I D T A K E - O F F D E T A I L S CONTRA COSTA COUNTY 03-03-95 03-03-95 10:42 Pg: 1 DONALD LOWERY ASSM LABOR MATERIAL MATERIAL LABOR LABOR HR UNIT SELL PRICE SELL PRICE NO. LEVEL D E S C R I P T I O N COUNT EACH ./TAX EXTENDED UNIT EXTENDED COST PER EACH EXTENDED BASE/ALTS SHEET NO. SYSTEM FEEDER NAME BASE BID SHEET E-1 LIGHTING N/A 50 1 1 BX CAST BOX COHN 1/2 XC-221 50 .325 16.24 .083 4.13 3.34 .42 21.11 1 e/4,6/2,6/3,6/4,4/4ANTI-SAS-4 50 .081 4.05 .075 3.75 2.82 .11 5.27 1 1 1/8" NMC/FLEX STAPLE BULK 200 .011 2.10 .004 .80 .16 .OS 2.73 100 1 PARKING LOT LIGHTS 4 310.975 1,243.90 1.500 6.00 365.73 404.27 1,617.07 500 1 MISCELLANEOUS ITEMS 1 2X4 4L FLUOR FIXT PLASTER CEIL 53 .847 44.89 30.92 1 1X4 2L FLUOR FIXT PLASTER CBIL 17 .700 11.90 25.55 1 AC 12/3SOL BX CBLB AMRCN METAL 1,200 .736 883.14 .017 20.64 1.36 .96 1,148.08 1 #6 STRAW BARE COPPER WIRE 150 .351 52.63 .007 .98 .59 .46 68.42 1 4" SQ BOX 2-1/8^ D 1/2-3/4 KO 50 1.867 93.36 .150 7.50 7.34 2.43 121.37 26000 1 SWITCH 1P 20A PLUSH 23 5.288 121.63 .542 12.46 25.06 6.87 158.12 26002 1 SWITCH 3W 20A FLUSH 6 6.914 41.48 .617 3.70 29.43 8.99 53.93 32000 1 OUTLET 20A DUPLEX FLUSH 60 4.644 278.66 .582 34.91 25.88 6.04 362.26 32001 1 OUTLET 20A GPI FLUSH 6 16.261 97.57 .652 3.91 40.05 21.14 126.84 90105 1 150A 26-30 CKT PNL NMA1 FLSH 1 293.750 293.75 1.806 1.81 359.67 381.88 361.88 1 SPOLE 20A TERM LABOR 10 .126 1.26 4.60 1 SPOLE 15A TERM LABOR 5 .112 .56 4.09 1 1POLE 30A TERM LABOR 1 .140 .14 5.11 1 1POLS SOA TERM LABOR 1 .154 .15 5.62 -------------------------------------------------------------------------------------------- Totals: 3,129 159.48 4,067 Wilson Electric JOB: 8 Mat=Bid Lab=BidA * * C 0 S T C 0 D E S U M M A R Y CONTRA COSTA COUNTY 03-03-95 03-03-95 10:42 Pg: 1 DONALD LOWERY -------------------------------------------------------------------------- TAKE-OFF ITEMS -- L A B 0 R -- -------- M A T E R I A L -------- HOURS COST NET COST TAX GROSS M/UP 1 MISCELLANEOUS ITEMS .54 19.71 16.50 4 .13 20.63 1.30 12 BRANCH ROUGH 39.71 1,449.73 257.43 64 .36 321.79 1.30 14 BRANCH WIRE 22 .17 809.53 727.06 181.77 908.83 1.30 42 FEEDER WIRE .97 35.59 42 .11 10 .53 52.64 1.30 55 LIGHTING FIXTURE ACCESSORI 6 .00 219.00 995.12 248 .78 1,243 .90 1.30 70 LIGHTING FIXTURES 56.79 2, 072.87 94 SUPPORTS .78 28 .78 3 .42 .86 4.28 1.30 96 SWITCHGEAR 3.92 143 .08 235.00 58 .75 293.75 1.30 104 TRIM 18 .13 661.75 203 .38 50.85 254.23 1.30 110 WIRE FITTINGS 10.44 381.07 22.79 5.70 28.49 1.30 -------- --------- --------- ------- --------- ---- TOTAL TAKE-OFF ITEMS: 159.48 5,821.11 2,502.81 625.73 3, 128.54 1.30 QUOTED ITEMS NET COST TAX GROSS M/UP 15 BUSDUCT 1.00 .25 1.25 1.00 16 CABLE TRAY 1.00 .25 1.25 1.00 22 CLOCK AND PROGRAM SYSTEM 1.00 .25 1.25 1.00 27 DEMOLITION LABOR 1.00 .25 1.25 1.00 37 EQUIPMENT RENTAL 1.00 .25 1.25 1.00 44 FIRE ALARM 1.00 .25 1.25 1.00 48 FLOOR DUCT 1.00 .25 1.25 1.00 52 GENERATOR 1.00 .25 1.25 1.00 70 LIGHTING FIXTURES 5,860.50 1,465.13 7,325.63 1 .00 74 MANHOLES/VAULTS 1.00 .25 1.25 1.00 88 SOUND SYSTEM 1.00 .25 1.25 1 .00 90 STARTERS 1.00 .25 1.25 1.00 96 SWITCHGEAR 1 .00 .25 1.25 1.00 99 TOOLS 1.00 .25 1.25 1. 00 100 TEMPORARY POWER 1.00 .25 1.25 1.00 -------- ------ ---------- ---- TOTAL QUOTED ITEMS: 5, 874 .50 1,468 .63 7,343 .13 1.00 ------ E X P E N S E S ------- EXPENSE ITEMS NET COST TAX COST M/UP 1 SUPERVISION 1.00 .25 1.25 1 .00 3 JOBSITE STORAGE TRAILER 1.00 .25 1.25 1 .00 18 SUBCONTRACT - MISC 1.00 .25 1.25 1.00 318 PERMIT 1.00 .25 1.25 1 .00 322 TELEPHONE EXPENSE 1.00 .25 1.25 1 .00 328 TRAVEL EXPENSE 1 .00 .25 1.25 1 .00 --------- ------- ---------- ---- TOTAL EXPENSE ITEMS: 6.00 1.50 7.50 1 .00 Continued on next page - Wilson Electric JOB: 8 Mat=Sid Lab=BidA * * C 0 S T C 0 D E S U M M A R Y CONTRA COSTA COUNTY 03-03-95 03-03-95 10:42 Pg: 2 DONALD LOWERY TOTAL COST: 14,204 .42 2, 095.86 16,300.28 TOTAL MARGIN: -4,882.55 .70 TOTAL SELLING PRICE: 11,417.73 Wilson Electric * * BREAKOUTS / SQUARE FOOTAGE SUMMARY 03-03-95 10:42 Pg: 1 BID NAME: CONTRA COSTA COUNTY SQUARE FOOTAGE: 0 BID NUMBER: 8 SALES TAXES: MAT=25.0004 LAB= EXEMPT BID DATE: 03-03-95 TAKE-OFF MATERIAL MARKUP: 1.30 ESTIMATOR: RW Mat=Bid Lab.SidA HOURLY LABOR RATE: $36.50 SOB ADDRESS: 2910 CUTTING BLVD. LABOR MARKUP: .00 CUSTOMER: DONALD LOWERY LABOR DIFFICULTY: VARIABLE CHANGE ORDER: 03-03-95 ------------------------------------------------------------------------------------------------------------------------------------ . . . I M P O R T A N T . . . There are no Adjustment Multipliers applied to any Breakout Levels in this Bid. ------------------------------------------------------------------------------------------------------------------------------------ MAT $ MAT MAT $ LABOR LAB BRS / BASR/ALTS SHEET NO. SYSTEM FEEDER NAME TAXED } SQ PT HOURS 4 SQ PT BASE BID SHEET S-i LIGHTING N/A 3,128.50 29.9 159.48 100.0 ------------------------------------------------------------ TOTAL - ALL BREAKOUTS: 3,128.50 29.9 159.48 100.0 Continued on next page - Wilson electric + + BREAKOUTS / SQUARE FOOTAGE SUMMARY + 03-03-95 10:42 Pg: 2 MAT $ MAT MAT $ LABOR LAS HRS / BASE/ALTS SHEET NO. SYSTEM FEEDER NAME TAXED } SQ FT HOURS k SQ FT **** QUOTED MATERIALS *+++ BUSDUCT 1.25 CABLE TRAY 1.25 CLOCK AND PROGRAM SYSTEM 1.25 DEMOLITION LABOR 1.25 EQUIPMENT RENTAL 1.25 FIRE ALARM 1.25 FLUOR DUCT 1,25 GENERATOR 1.25 LIGHTING FIXTURES 7,325.62 69.9 MANHOLRS/VAULTS 1.25 SOUND SYSTEM 1.25 STARTERS 1.25 SWITCHGEAR 1.25 TOOLS 1.25 TEMPORARY POWER 1.25 ___-- SUBTOTAL - QUOTED MATERIALS: 7,343.12 70.1 *** EXPENSE ITEMS **** SUPERVISION 1.25 JOBSITE STORAGE TRAILER 1.25 SUBCONTRACT - MISC 1.25 PERMIT 1.25 TELEPHONE EXPENSE 1.25 TRAVEL EXPENSE 1.25 ____________________________________________________________ SUBTOTAL - EXPENSE ITEMS: 7.50 .1 GRAND TOTALS: 10,479.12 100.0 159.48 100.0 Wilson Electric * B I D S U M M A R Y A N A L Y S I S 03-03-95 10:42 Pg: 1 BID NAME: CONTRA COSTA COUNTY SQUARE FOOTAGE: 0 BID NUMBER: 8 SALES TAXES: MAT=25 .000% LAB= EXEMPT BID DATE: 03-03-95 TAKE-OFF MATERIAL MARKUP: 1.30 ESTIMATOR: RW Mat=Bid Lab=BidA HOURLY LABOR RATE: $36.50 SOB ADDRESS: 2910 CUTTING BLVD. LABOR MARKUP: .00 CUSTOMER: DONALD LOWERY LABOR DIFFICULTY: VARIABLE CHANGE ORDER: 03-03-95 COST W/O SALES SELLING % OF COST PER SELL PER SALES TAX TAX MARGIN PRICE SELL SQ. FT. SQ. FT. LABOR 5,821.10 .00 -5,821.10 .00 .0 MATERIAL 2,502 .81 625.70 938.55 4, 067.06 35.6 QUOTED 5,874 .50 1,468 .63 .00 7,343.13 64 .3 EXPENSE 6.00 1.50 .00 7.50 .1 ---------- --------- --------- ----------- --— --------- -------- TOTALS ------TOTALS 14,204.41 2, 095.83 -4,882.55 11,417.69 xxx++++++++xxx+x++++xxxxxx+x+++++xxxx+xxx++++++x++xxx++++++++++xxxxxxxxxxxxxxx++++xxxxxxxx++++++ * * * MATERIAL TO LABOR RATIOS (A) TOTAL LABOR HOURS: 159.48 (C) TAKE-OFF MATERIAL COST: 3, 128 .51 (B) TOTAL LABOR COST: 5,821.11 (D) QUOTED MATERIAL COST: 7, 343 .13 (E) TOTAL MATERIAL COST: 10,471.64 MATERIAL - LABOR RATIO (M t0 L) TAKE-OFF MATERIAL COST (C) TO LABOR COST (B) : 34.96% - 65.04% .54 to 1 QUOTED MATERIAL COST (D) TO LABOR COST (B) : 55.78% - 44 .22% 1.26 to 1 TOTAL MATERIAL COST (E) TO LABOR COST (B) : 64.275k - 35.73% 1.80 to 1 May 3 , '_995 Gwendolyn Goodbeer 1000 View Drive Richmond, CA 94803 Mr , Dote Bancroft GeTeral Servi-ces Department Architectural Division ease Management Division 0_�Mo. rello•A-ve�nue, S i te122 aLt . Ca' , f -- ia 94553 _00 Subject . Lease - 9' ^ C to ng Bouiec d , RJchmcn-' u ar Refere..ce : ( a) GSA letter of December 29 , 1994 Dear Mr . Bancroft : Reference (a) provided an estimate of $9 , ` 90 . 00 to repair the damage and deferred maintenance to subject leased building . After twenty one years of deferring maintanarce on referenced property, vour offer is probably a most cost effective one for the County as paragraphs 9 , 10 and 11 of subject : ease in regard to CIiA/County responsibilities were ignored . The piles of garbage left strewn on the ground in back of the building extending into the parking area from August until December 1994 contained used -needles , used medicine container cups as well as used rubber groves and other medical waste that should have beer. disposed all -' - accordance with procedures established to avoid accidental contamination and/or death. I am reminded that when my father, Mr . William Smith, became ill in 1990 you took advantage of my ignorance and lack of knowledge of the lease requirements ( I was unable to locate a complete copy of the lease among my parents papers until recently) . Paragraph 11 AND RBPATRs , clearly states that you as . essee. were responsible for garbage/ litter removal . You called me , sometimes in a harassing manner at my job and home , and required that "there was garbage that needed pickup" around the clinic . I have, since 1990 spent over $3 , 00C . O0 for special garbage pickups for the areas that you were responsible for . You have avoided and disregarded your r2spCnsibiii- of ' ease manager for the County in this regard and wi '_ '_- fully recuirad that I be responsible for processes that had been your responsibility for over seventeen. years . (a) ` -dad a J4eak0Ut of :line listed repair costs that your contractorestimated . My estimates received as follows : _ . Overlay the _.,untertop in the kitchen replace pulls : $600 . 00 2 . Prep interior for paint ; include damaged restrooms wails and dispensing wails : $900 . 00 3 . Replace damaged flooriac in restrooms and hallwa $2 , 900 . 00 ; . Replace_ 4 broken window panes : $460 . 00 Repair window rot '-n small_ kitchen: $350 . 00 6 . Remove and dispose of shelves in dispensing : $150 . CC 1 . Zlectrical . Lighting parts moved w/o nermission cannot be rep' aced, cost to replace lights : $4 , 643 . 00 8 . Janitor and hauling : $240 . 00 9 . ?rep and overlay existing floor , replace tile, $8 , 121 . 00 new base throughout : 1C . Repair damaged rear-door frame from careless removal of security gate: $250 . 00 ll . Replace removed miscellaneous shut off valves , provide caulking, wax seal , tie down bolts/nuts ; repair replace water supply lines , bathroom fixtures , electric wall plates , filters , etc : $500 . 00 12 . Garbage removal for four years $3 ,000 . 00 13 . Lost rent 10 Jan 1995 til 10 May 1995 $8 , 096 . 00 Total $3C , 21C . CC am great' y concerned about Standards for property maintenance and upkeep under your responsibility for a lease such as the one at 2910 Cutting in other areas of Contra Costa County and the amount and extent of maintenance and upkeep provided by the County . The neglect to subject property has been tantamount to criminal irresponsibility . 1 request that you provide me with what GSA has provided in upkeep and maintenance costs for the last 21 years for I eased properties in Martinez , Danville and Orinda . Respectfully, Gwendolyn Goodbeer ATTACHMENT REIMBURSABLE EXPENDITURES Pursuant to paragraph 11 of the 1984 lease agreement, the lessee was responsible for removal of all garbage and debris in and around the 2910 Cutting Boulevard. Claimant was required to pay for garbage and debris removal because of the negligent management by the County. Attached as Exhibit 7 are copies of documents showing that claimant incurred $3,184.51 for garbage and debris removal from June 1991 through December 1993. Because the County surrendered the property in substandard conditions in violation of the lease agreement and the parties have been unable to reach an informal settlement, claimant also will be forced to incur the cost of a thorough property inspection and repair cost estimate from a licensed general contractor. The exact cost of this expense is not known at this time, but will be included in the January 1997 amendment. RICHMOND SANITARY SE'—SCE, INC. BIL—FOR SERVICE PO BOX 4020 RICHMOND,CA 94804 As you can see, our bills have a new format. This new format should more clearly and For Billing Questions, Please Call: 262-1610 accurately describe your billing charges and credits. Statement Date Sep. 01, 1992 We have also modified the programs used by Service Address 2900 CUTTING BLVD our customer service personnel, improving Account Number 8615 their ability to track and respond to customer comments. These modifications represent a significant LUCINDA SMITH WILLIAM change in our daily operations, and we hope 1000 VIEW DR you will be patient with us during this time RICHMOND, CA 94803 of transition. Date Description $ Amount PREVIOUS BALANCE. . . 254 .45 6/16/92 PAYMENT 1802 254 .45CR 9/01/92 1 1 YD(1) SEPT - NOV 92 345 . 60 9/01/92 LANDFILL SURCHARGE SEPT - NOV 92 10 .80 AMOUNT DUE NOW . . . . 356 .40 Please detach and return this portion with payment or bring bill to pay in office. Statement Date Sep. 01 1992 LUCINDA SMITH WILLIAM 1000 VIEW DR Service Address 2900 CUTTING BLVD RICHMOND, CA 94803 PLEASE PAY THIS AMOUNT: $356.40 PAYMENT DUE BY: Sep. 30, 1992 RICHMOND SANITARY SERVICE, INC. PO BOX 4020 RICHMOND,CA 94804 Account# 8615 3C- RICHMOND SANITARY SE^ACE, INC. BI11 FOR SERVICE PO BOX 4020 RICHMOND,CA 94804 For Billing Questions, Please Call: 262-1605 Statement Date Dec. 01, 1992 Service Address 2900 CUTTING BLVD Account Number 8615 LUCINDA SMITH WILLIAM 1000 VIEW DR RICHMOND, CA 94803 Date Description $ Amount PREVIOUS BALANCE. . . 356. 40 10/07/92 PAYMENT — THANK YOU 1822 356.40CR 11/20/92 EXTRA PICKUP 1YD OVRFILLED 30. 00 12/01/92 1 1 YD(1) DEC 1— FEB 28 9 361. 00 12/01/92 LANDFILL SURCHARGE DEC 1— FEB 28 9 10. 80 AMOUNT DUE NOW . . . . 401. 80 Do you always have garbage left over from Christmas that won't fit in your garbage can? Have RSS PRE-PAID BAGS on hand! Fill them up and place them at your curb on your regular pickup day. Packs are sold for $15 and contain 5 bags. Available at the RSS office or will be sent to you vUPS delivery - order today by calling 262-1610. RICHMOND SANITARY SEr,JICE, INC. BIL.. FOR SERVICE] PO BOX 4020 RICHMOND,CA 94804 Please note: Effective January 1,1993 there has been a rate increase for your level of For Billing Questions, Please Call: 262-1605 service. Statement Date Mar. 01, 1993 For more information please call our office Service Address 2900 CUTTING BLVD at 262-1605 Account Number 8615 LUCINDA SMITH WILLIAM 1000 VIEW DR RICHMOND, CA 94803 Date Description $ Amount PREVIOUS BALANCE. . . 401. 80 12/15/92 PAYMENT - THANK YOUK 1843 401.80CR 3/01/93 1 1 YD(1) MAR 1/MAY 31 93 368 .70 3/01/93 LANDFILL SURCHARGE MAR 1/MAY 31- 93 10.80 n sA AMOUNT DUE NOW,'.,c �; °, 379 .50 yr ,. �w RICHMOND SANITARY SL. ACE, INC. BI. . FOR SERVICE PO BOX 4020 RICHMOND,CA 94804 For Billing Questions, Please Call: 262-1605 Statement Date June 01, 1993 Service Address 2900 CUTTING BLVD Account Number 8615 LUCINDA SMITH WILLIAM 1000 VIEW DR RICHMOND, CA 94803 Date Description $ Amount PREVIOUS BALANCE. . . '' 379.50 4/09/93 PAYMENT - THANK YOU 1828 379 .50CR 6/01/93 1 1 YD(1) JUN 1/AUG 31 93 368 . 70 6/01/93 REGULATORY SURCHARGE JUN 1[AUG 31, 93 10. 80 't a AMOUNT DUE `NOW,' .'. . . 379 . 50 �s f RICHMOND SANITARY SERVICE, INC. PO BOX 4020 B'. FOR SERVICE RICHMOND,CA 94804 For Billing Questions, Please Call: 262-1605 Office Located at: 3260 BLUME DRIVE Statement Date Sep. 01, 1993 Service Address 2900 CUTTING BLVD Account Number 8615 LUCINDA SMITH WILLIAM 1000 VIEW DR RICHMOND, CA 94803 Date Description Amount PREVIOUS BALANCE--- 379. 50 7/12/93 PAYMENT - THANK YOU 379.50CR 9/01/93 1 1 YD(1) Sn AINOV 30 93 368.70 9/01/93 REGULATORY SURCHARGE SEP 1JNOV -3©, 93 10.80 AMOUNT DUE 'NOW' .'. . . 379.50 19N0. DATE P RECEIVED OF ADDRESS�� FOR NpW PAID BALANCE DUE ,^ U i f F' LL DATE_.- 19.pNO. RECEIVED OFg a 2E: ADDRESS V ! FOR NOW PA BAtAN E u slcazo + � BY DATE 1 190.�.. RECEIVED OF 1 ADDRESS 1.{"; , 1/ '{` � I I ).1'�} v E+ FOR rl a 19AS 141 NO BATA CE E BK820n=_man -- BY I/ 1 11-2_41335 1210(8) 1600 RICHMOND 3900 MecWNAfD AVENUE RICHMOND.CA -... 19 PAY THE,ORDER OF `"— DOLLARS WILLIAM C.SMITH GWENDOLYN GOODS 2532 DUKE AVE. RICHMOND CA t - MEMO 4Tjf " f G i is, i PIL 024 00 0335 2 80911, ' 0 00750001' 11-24/335 'C?'�� 1210(8) 1714 RICHMOND OFFICE 39W MWOONALD AVENUE RICHMOND.CA - JV 1_ .r7. VMS ''Lr �.�•yj—".I :i PAY TOTHEORDER 1 f ARS WILLIAM C.SMITH GWENOOLYNAOODSE '`; ld "- 4332DUNKiprWF,is,' _ •...c s, . _ ✓� ' „r .9 -/-//{�-i/./�1 MEM � Ic i 21000 2481: 71 0335 27480911' .,'0000003551.1' 1777 11-24i335 zlac� \L�c1 l/ RICHMOND OFF900 MAC DONALD AVENUE RICHMOND,CR 5 THE DER OF \ DOLLARS yY M C. SMITH , G NDOLYN GOOOBEER 1000\VIEW DR. RIC MOND, CA 94SD3 MEMO 0335 27 8098' 11' 00 12500s" 11-24/335 �.� � 17 6 4 izm(s) RICHMOND OFFICE 3900 MAC DONALD AVENUE RICHMOND, CA p4805 P OTHE ORDER 1 i $ IN7 i U OLLARS WILLIAM C. SMITH GWENDOLYN GOODBEER - 1000 VIEW'OR. - a® RICHMOND, CA 948 3�_ }�(1 MEMO ,/ I: 12 1000 2481: 764 0. 35 27 80911' 91'0 1000 1 L. 7 3091' 311 245 1�1f&5 S ENDOLYN GOODBEER 11-24 D, f&l 1000 VIEW OR. ,2±0(01 RICHMOND,CA 94803 PAY TO 111E ORDER OF D EL CERRRO PLAZA OFFICE WET,T C FARGO SANK 9900ON PA8L0 AVENUE EL CE {'0.CA 91530, i I�J�� .0� MEM is 1 2 1000 2481: 4 50 0 1841 4 24 29911' 9''00000 30000.'' n-zai33s � 121003) 1776 O U RICHMOND FICE 3900 MAC DONALD AVENUE RICHMOND. C 94805 PAY O TH ORDER OF OLLARS WILLIA C. SMITH GWEND LYN GOODBEER 1000 VI DR. RICHMON , CA 9 8 MEMO11 i 00248f: 776 0335 27 80911' ,19 000300091' 11-24/335 1211018)0(8) ��j�y�� 17 5 6....,o� i���r`/ RICHMOND OFFICE 3900 MAC DONALD AVENUE RICHMOND, A 94305 19 PA THE ORDER O� �- DOLLARS WILLIAM C. SMITH �. GWENDOLYN GOODBEER 1000 VIEW DR. RICH OND, CA 94803 MEMO Lid LC� ��1�� . 0 3 3 5 2 7 80911' 91' 0 00 1000091' 4„- DECLARATION OF GWENDOLYN GOODBEER I, Gwendolyn Goodbeer, declare as follows: 1. 1 am the fee simple owner of the real property and improvements commonly described as 2910 Cutting Boulevard, Richmond, California (APN 549-192- 008-7), and I am the claimant of record for this claim. 2. 1 acquired my present interest in the Cutting Boulevard property in 1992 when my father, William C. Smith, passed away. 3. Prior to 1992, 1 had limited knowledge of the subject Cutting Boulevard property and had no experience managing or maintaining commercial property. 4. The County of Contra Costa leased, used and occupied the Cutting Boulevard property from July 27, 1976 until December 31, 1994. The County operated a health clinic on the property. 5. Pursuant to paragraph 11 of the lease agreement, the County was responsible for all interior maintenance and repairs, for all code violations arising out of and directly related to the County's use and occupancy, and for regular litter and debris removal. In addition, the lease agreement provided that the County was to surrender the premises in good order, condition, and repair. 6. When the County surrendered the premises on January 1, 1995, the premises were not in good order, condition, and repair. 7. During the County's use and occupancy, several unauthorized changes and modifications to the subject property's interior were made, including construction of new interior walls and shelving, and rerouting of electricity and plumbing. These 1 alterations were negligently performed, substantially altered the property, and require corrective repair work before the property can be leased to a new tenant. 8. Due to the County's negligent management, the property's condition has deteriorated significantly beyond reasonable, normal or expected wear and tear. The property is currently out of code in many respects, and I have been unable to find a lessor since the County surrendered the premises. 9. 1 do not have the funds to perform the repairs myself, and I cannot refinance the property to perform the necessary repairs. 10. Prior to the County's surrender of the premises, I entered into settlement negotiations with Peter Bancroft of the County of Contra Costa, General Services Department in December 1994 concerning the condition of and damages to the Cutting Boulevard property. 11. Both sides agree that the lease was breached and that the property was surrendered in a substandard condition. County agents and I disagree, however, on the exact repair work for which the County is liable, on the reasonable cost of necessary repairs, and on other incidental damages. 12. From December 1994 until October 1996, continuous settlement negotiations were made in good faith and included involvement of Contra Costa County Supervisor, Jim Rogers. 13. During this time, I have discovered the extent of damages is greater than I originally knew. Only within this last year did I discover that the County had constructed new interior walls and rerouted electricity throughout the subject property. 2 Upon inspection, I also discovered that this work was negligently performed. 14. Since agents for the County have not responded to my last letter (dated October 21, 1996) and very little progress has been made after two years of good faith negotiations, it now appears that more formal attempts at resolving this dispute are necessary. 15. Although I have been in constant negotiations with the County since December 1993, 1 was never informed by any agent of the County that I would need to file a claim against the Contra Costa County in order to preserve my right to be compensated for damages. 16. 1 participated in good faith in settlement negotiations because I trusted the County agents, I thought that this matter could be resolved informally, and I did not think I would be prejudicing my rights by working with the County toward settlement. 17. As soon as it became apparent that settlement negotiations were failing and that an impasse was reached, I contacted an attorney, upon whose advice I am filing this application for leave to file a late claim and claim for damages. 18. 1 have obtained some repair work and cost estimates for the subject property; these are attached to the claim form. I am presently interviewing reputable and experienced general contractors to inspect the premises and develop repair work and cost estimates for the property damage I have only recently identified. I expect to present these cost estimates in an amendment to this claim within the next two to three weeks. 19. The amount of damages and necessary repair work is based upon my 3 best estimate at this time and may vary depending upon the findings of the inspection by the general contractor. I expect the January 1997 amendment to present an accurate total of all claimed damages. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. This declaration was executed on December 31, 1996 in Oakland, Cal' ornia. wendolyn Good er 4 GENERAL SERVICES DEPARTML Barton J.Gilbert Contra Lease Management Division Director Costa 1220 Morello Avenue, Suite 1 o Kathy Brown County Martinez,California 94553-4711 Deputy Director W.Alan Pfeiffer April 16, 1996 Lease Manager (510)313-7250 _..i FAX(510)313.7299 ,+w jq COLVCV ` Gwendolyn Goodbeer 1000 View Drive Richmond, CA 94803 Subject: Lease - 2910 Cutting Boulevard, Richmond Dear Mrs. Goodbeer: I have been advised by Supervisor Rogers' office that you have written regarding the settlement for deferred maintenance at the building which the County leased from you at 2910 Cutting Boulevard, Richmond. Supervisor Rogers has requested that the three of us discuss and hopefully settle the issue on a conference telephone call as soon as possible. I left a message on your answering machine last Thursday requesting a copy of that letter to aid in the conference call. I have not yet received that letter, so as a follow up in case you did not receive my message, I am writing to request a copy of your letter. If you have not already sent it, would you please mail it in the enclosed stamped return envelope. Also, if you could indicate a preferred time for the conference call, we will try to respond at that time. Thank you for your cooperation. Sincerely, P.� Peter Bancroft Lease Management Division PB:dp CONFLTR.496 cc: Members of the Board of Supervisors Kathy Brown Gwendolyn Goodbeer 1000 View Drive Richmond,CA 94803 (510)262-9027 October 21, 1996 Contra Costa County Board of Supervisors c/o Mr. Jim Rogers, Supervisor Ist District 100 37'4 Street Richmond, CA 94805 Subject: Lease Agreements dated July, 1976 through December 1994 between Contra Costa County Board of Supervisors and William and Lucinda Smith for property at 2910 Cutting Boulevard, Richmond, CA Ref. (a)G. Goodbeer letter of 3/26/96 (b) Phone conversation Goodieer/Rogerst Bancroft 617/96 (c) Meeting,2910 Cutting Goodbeer/MacDermiu/Bancroft/Lady from Bancroft's office 6/11/96 Dear Mr.Rogers: This is my second letter to you regarding damages and interior restmctuna g performed to the interior of property at 2910 Cutting Blvd during subject lease between the Contra Costa County Board of Supervisors and my deceased parents,William and Lucinda Smith. I have tried to some this matter unsuccessfiilly starting December 1994 with Pete Bancroft,Lease Management Division,General Services Department, who had administered the lease from at least 1978. In reference(a), I asked your assistance in resolving the problems associated with the damages to the property. I provided you with pictures of damaged areas,added wails,dry rotted floors,etc. I also provided you with an appraisers drawing and description of the interior of the building as of December 1982(which I had recently discovered in my father's papers). I have expressed the financial burden and stress this unresolved situation is causing for me and my family. I also expressed my distrust in dealing with Pete Bancroft. Even with the reservations I held, I agreed during reference(b)to meet at the site with Bancroft and the contractor you suggested, Mr. Steve MacDermitt for a walk through to observe the interior of the building. During the meeting,reference(c),Pete Bancroft repeated time and again "the County was not going to pay for"regarding the damages to the building. Mr.MacDermitt,who seems an honorable man,seemed to become concerned about there being an issue over responsibility for repairs and his time spend on an estimate. As I observed damaged floors and wails,dry rot,structured and re- structured walls,added/re-routed electric wiring and capped/re-routed water pipes;it caused me to become physically ill. I have revisited the site on numerous occasions since the referenced meeting, Closer observation reveals the following: I.The kitchen was restructured by adding a wall,creating an additional room with electricity routed in. 2. Two(2)rooms at the rear of the building,restructured into four(4)rooms with electricity routed in. 3. A hallway was structured by building a wall with two doorways across(on top of)a heating vent. 4. A room was structured by building a wall around(the top of the wall was cut out)a lighting fixture. 5. A reception area swinging door was structured across an electric plate, the electric plate was remuted/moved. 6.Hot water plumbing pipes have been blocked/capped including three(3)bathrooms and two(2) kitchens z 7. Electric wiring has been re-routed/restructured to accommodate added rooms 8. Windows do not open. 9. A doorway to the men's restroom has been closed off to create one of the added rooms and the doorway was structured on a different side of the room. 10. The rear exit door frame has been damaged by the removal of a steel door. In light of the above and with the damages I observed and related in reference(a)(i.e. dry rot in bathrooms and kitchens,extensive floor damage,broken windows, missing light fixture covers to name a few),I no longer require an estimate of the repairs. I am requesting that you tell me in writing the County plans for repairing the damages and what compensation the County will offer me. I request that the Contra Costa County Board of Supervisors oversee the repairs to the building,using Mr. MacDermitt's contracting firm, obtain the required permits as well as the follow-up inspections required. I request that the building's interior be put back to its original design. I also request approval of plans and final approval upon completion of the project.Mr. MacDermitt seems a fine and experienced contractor. Even though his obvious friendship with Mr. Bancroft and the lady from Mr.Bancroft's office(I'm so sorry that I didn't get her name or title(they discussed a dinner party and the employment status of Mr. MacDermitt's wife),I'm afraid I felt ill at ease during the meeting as everyone else seemed quite comfortable. I left the three of them in discussion outside the building. I indicated to you during the phone conversation that being a landlord has been a new experience for me let alone a commercial property, (I've taken classes,but all seem to be geared toward apartment rental.)I am overwhelmed,mentally and financially drained and totally stressed out by this whole situation. By the way, during our phone conversation,you were on the speaker phone; however, I heard distinctive beeps at regular intervals,please inform me the source of the beeps,if you know. Please respond,in writing,the County's intentions concerning this matter in regard to items(1) through(10)above as well as the damages discussed in my previous letter,reference(a). I have sent you pictures of damaged areas,provided a copy of the Appraiser's drawing of 1982 and performed a walk through with a County suggested contractor. I further request that Pete Bancroft contact me in writing only, he frankly, makes my stomach hurt. Its mechanical quoting of the rules and regulations regarding the County's responsibilities,while standing in a building that he has not applied these responsibilities is very distressing to me. 1 have asked to be provided with the regulations regarding Contra Costa County's lease/management responsibilities and the amount of money spend on upkeep of buildings in Martinez, Concord,Walnut Creek and Onnda,with no response. In accordance with the terms of the lease,I also request that the County immediately arovide me with back payments of rents due from January 1995,(52026.50 monthly)with all yearly increases due(5% 1 July 1995 and s% 1 July 19%),and continue such payments until this situation is settled. As I cannot rent/lease or even show the property for rental, I am suffering financially and an;facing financial ruin - which affects my mental status,from the stress of this horrendous situation. Respectfully, Gwendolyn Goodbeer Copy to: Congressman George Miller,Representative Seventh District Irma Anderson,Richmond City Council Member Pete Bancroft,Lease Management Division,General Services Department ENDER: V •Cornplete items 1 anNor 2 for additional services. I also wish to receive the a -Complete items 3,4a,and 4b. following services(for an 0 •Print your name and address on the revaree of the form so that we Gen return mile extra fag): o; u4i •M�the form to the front of the maitpiers,ar on the back it spare does not 1. Q Addressee's Address > m permit. m •Wrae'Rafum Receipt Requested"on the mailpface below the article number. 2. ❑ Restricted DeliveryCc •The Retum Receipt cele show to whom the arede was detiverW and the dale LS C delivered. Consult postmaster for fee. a 0 0 3.Artice Addressed to: 3 4a. ei�dgmber O o i eA ftSTA Cutty �✓� f L t- 4b.4b.Service Type t3�A ► SSIT—J V15CY�- u /r� p _ vt�t [3 Registered _ rtifled lz U) V' F ,} i 'y` M1-'t-M -� p Express Mail ❑ Insured .w 0 Return Recept for Merchandise O COD -' 7.Date of Delivery w 5.Received By: (Print Name) 8.Ad ee's Address(Only if requested and tee is paid) UJt 6.Si r :{ or Agent) 0 r a PS Forth 3811 iLoecember 1994 Domestic Retum Receipt % SENDER: and' 3 I also wish to receive the V .Complete items a 2 ter ems. a ■Complete llama 3,4a.and 4b. following services(tor an m •Print your name and address on the reverse of this ban so that we can datum this extra f89): card to w •Attach th s form to the front of the mailpiace,a an the back it space Wes not 1. 0 Addressee's Address para(. d y •W e Rete nm Recptpf Requwto who rimae article was the arena number 2. F] Restricted 08livery N •The Return Receipt unit show to whom the snide ww delivered and the date � delivered. Consult postmaster for fee. m 0 4a.Arb Number d 3.Article Addressed td: E ���iG, �swit G_ t E9a1 t� E ry ce Type $ - ! C) Registered Rifted a I / { !J f ❑ Express Mail ❑ Insured 5 cX L. r V I G Y ❑ Return Receipt for Merchandise ❑ COD p 12 l C N SND ?' 1d1,WVe c > 5.Received By' dnt 9 8. ddressa Address(Only it requested 5.Received Bya�� and fee is paid) t, r g 6.S' ( ddresgee ant) 0 T arm 811, December 1994 Domestic Return Receipt e .ia CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA February 4, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mails(to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gove Amount: $5,000.00 Section 913 and 915.4. Please note all •War , CLAIMANT: Joyce Beckham JAN re ATTORNEY: Harold W. Tobin COUNTY COUNSIL Date received ADDRESS: 3240 Lone Tree Way, Ste. 103 BY DELIVERY TO CLERK ON January 16, 1997 Antioch, CA 94509 BY MAIL POSTMARKED: hand delivered via: Risk Mgmt. 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 16, 1997 IYIL LAATTCVELOR, Clerk — Y. II. FROM. County Counsel TO: Clerk of the Board of Supervisors ( This claim ccmplies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: A 7 BY: � Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is refected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Oatld /tom Y�i 1 79 7 PHIL BATCHELOR, Clerk, By. j� Q — , Deputy Clerk � WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated(` 6 G ) If/q7 BY: PHIL BATCHELOR bi Deputy Clerk CC: County Counsel County Administrator vey j Ara "; 1997 Harold W. Tobin Attorney at Law _ 3240 Lone Tree Way, Suite 103 Antioch, California 94509 (510) 757-9400 Fax: (510) 757-8955 Date:_ January 14, 1997 T-u- Contra Costa County Risk Management 451 Pine Street Martinez, CA 94553 Re,c Joyce Beckham v. County of Contra Costa Ent re : Claim 'rhese are furnished for the purposes designated below: ( } Your signing and returning the enclosures to the undersigned in the enclosed return envelope. ( X ) Filing and return of the endorsed-filed copies to the undersigned(Envelope and copy/ies enclosed). ( ) Signature of the Court, filing of original, and return of the endorsed-filed copies to the undersigned (En- velope and copy/ies enclosed). ( } Recording and return to the undersigned (Copy/ies and envelope enclosed). ( } For your records and information. ( } Also enclosed is a check in the amount of to cover the fee. ( ) Other: rY u'yA OL RW'f/kc CLAIM AGAINST: County of Contra Costa TO: Contra Costa County Risk Management RECEIVED 651 Pine Street . Martinez, CA 94553 A-^d ,IIID 161997 CLAIMANT: Joyce Beckham M r BOARD OF SUPER ISORS CONTRA COSTA CO. ADDRESS: c/o HAROLD W. TOBIN 3240 Lone Tree Way, Suite 103 Antioch, CA 94509 TELEPHONE NO.: (510) 757-9400 SEND NOTICE TO: HAROLD W. TOBIN 3240 Lone Tree Way, Suite 103 Antioch, CA 94509 DATE AND TIME OF OCCURRENCE: November 17, 1996, 9:40 p.m. EXACT PLACE OF OCCURRENCE: El Pueblo Housing, 838 Corte Chiquita, Pittsburg, CA 94565 DESCRIBE IN FULL DETAIL HOW THE INJURY OR DAMAGE OCCURRED: Claimant was walking on pathway and slipped and fell on steel cover walkway that was very slippery. PARTICULAR ACT OR OMISSION BY EMPLOYEE, OFFICER OR AGENT CAUSING THE INJURY OR DAMAGE: The County maintained a dangerous and defective condition of their premises causing injury to claimant. NAME(S) OF THE EMPLOYEE, OR OFFICER OR AGENT CAUSING THE INJURY OR DAMAGE: Unknown Page two Claim against: County of Contra Costa DESCRIBE FULL EXTENT OF INJURIES AND DAMAGE CLAIMED: Soft tissue injuries to back. TOTAL AMOUNT CLAIMED: $ 5,000.00 -- BASIS OF COMPUTATION OF TOTAL AMOUNT: general damages, special damages NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF WITNESSES, DOCTORS, HOSPITAL, AND ANY PERSON WHO CAN SUBSTANTIATE YOUR CLAIM OR THE AMOUNT CLAIMED: Kaiser in Antioch; Dr. L.D. Frigard, D.C. I declare under penalty of perjury that the forgoing is true and correct under the laws of the State of California and that this was executed on this ELL 99 day of 1997, at Antioch, California. J YCE BECKHAM W 9 N �• 0 0 � ac s. A O W O co Lai n O a � Ln � o a w o . r 1 ti _ 4 (l r 1 E 1 (2 . 10 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA February 4 , 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document maile4Lto you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $115.49 Section 913 and 925.4. Please note all •Warflax 1 II CLAIMANT: Ruth Carver JAN 19 sacra ATTORNEY: COUNTY received MARTICAI , ADDRESS: 160 Las Lomas Way BY DELIVERY TO CLERK ON January 15, 1997 Walnut Creek, CA 94598 BY MAIL POSTMARKED: January 13, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. GATED: January 16, 1997 OIL BApuiyLOR, Clerk y II. FROM: County Counsel TO: Clerk of the Board of Supervisors ON This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and«e are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: //� � BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (/V This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dat �/?97 PHIL BATCHELOR, Clerk, Bim — , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the data this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a Citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Date - � BY: PHIL BATCHELOR lb � Deputy Clerk CC: County Counsel County Administrator ! . V 19 < t Ruth Leigh Carver r '�s�t_���\:Yti. ,✓{,,1M._. �.� .X tiw L.�,G�L.k C` ,.x p. ✓ x w Il fi c 4_ • Claic to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAD4ANT A. Clam relating to causes of action for death or for injury to person or to per- sonal property or growing crops and x�hich accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for.death or for injury to person or to Personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Claim must be filed with the Cleric of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this fF f fF i !F 1F 1f ! M #F ! if IF M M M * ! ! M M N' 1F R fF ! 4F 11 M 1t iF N ✓fF * f fk 11 1F k f rF f 1f RE. Claim By ) Reserved for Clerk's filing stamp KULTH CA �'w� h ) RECEIVED Against the County of Contra Costa JINN I 5 109097 or District) CLERK BOARD OF SUPERVISORS Fill in CONTRA COSTA CO. raw) • The undersigned claimant hereby rakes claim against the County of Contra Costa or the above-named District in the sum of $ 11 c5 . 'ici and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give enact date and hour) PELGM.VG[� 3b, (qq -6 cwt tL fC cn, j . ,Z c) A,,v . 2, Wherye. did the damage or injury occur? (Include city and county) Ireai e2lvJ C<tsf�Cuncl , 0004*w . .- L.�'-u-rt til. l�iJltt�Lvlptl•(0.�Cc�" AXci� - 3. Hou did the damage or injury occur? (Give full details; use extra paper if rewired) t1 (�L�f iiJ 4. What particular act or omission on the part of county or district officers,�a servants or employees caused the injury or damage? crL�_K5 +Jr-C tx;hci� t; � l fPt't"f�7 -f t i Name AddMs , fo City [SCf�e"_IA State Tip t Fhwe /_ T5 7- Sof Membesi*# , Make of rMndaP# R }r®hide 1 —_ -�'� Vehickt # vlb} t , Color t Xlil F7�Li �._i__ ALL PRICES ARE PER WHEEL Supp Dale J2l�y�Q� cl7r ITIM#DESCRI qM / 6850 Auto and LigM TmcWVsn * hNT/MLANCE 7.00 !/�1 Instslidlon Includes; TIRE DISPEiSA 25 f `!f r Lifetime balance and rotation- auto,light muck and van- * 42342 P1?5/65NR15 49,49 T ' per wheel on same wheal 12/30146 16.44 0040 07 0178 38 CASH;ER:NtKE T BEt#7 art!S Rim swap I seasonal ew:hange 6857 MoWrtxxm 6 Dual Wheds: air pressure 4y APPL Only %V&S•-and smailO Front`n7ieer Wheal T"FAAd V, D.O.T.rs covered 7023 *' under I-ifelime PCCW Dwposal Fire ... balance&rotate 5438 and Road Haps Callfonels State Disposal Fee $.25 -37ARoad Hazard Wjutwft WIC ZZO 851142 WT. NOTED awy :.; .PFWA TO SERVICE: Tanala�aleeTMw t1eMFq _ ltrt f WORK TO BE DONE VFJtiCLE CONDrrION SPECIAL INFORMATION: O RW r ... ._ ❑L/F •pbIgra,I�e rsais mien arsr xs trees at rna,Minp. O RIR — .The mwrbw re responsue ter coned we sizes.bad end . speed m#np of reoommavied Ory'to vehida MOMAScoaia- - 0 LM Pr{{caComoo is not danape M e'R`kkW SpamOO Dynamic /�None acausadbyR ardatd are aizea.bad and 7Customer kaapa fire(s) O iM1rilrlawaNWork dome bV- O Cany in rims and apP�'a x+ork M be done. Monee aeirinnrae on aper Togga f - Moe-tlentx Yeix-aw.vae txor nFik-amvoev, �e-Gid•r Cepr COSTCO WHOLESALE **.*!MARTINEZ *40*** ROUP GOLD MEMBER 822302858000 7 MMT/BALAMCE 7.00 TIRE DISPOSA .25 42342 P195/65MI5 99.99 T x 8,252 TAX 8,25 0 TOTAL 115.49 �q�EECOSTCO Credit 115.49 -------_ --------------------------- XXX000000000000MOO 2412 SNIPED Seq is 000893 Ref C, 14805100 PRICECOSTCO Credit Resp: OOA OOAPPROVED ARM: $115.49 0040 007 0000000038 0178 -------------------------------------- CHARGE .00 TOTAL MU1!BER OF ITEMS SOLD = t CASMIER:MIXE T REG#7 12/70/96 16:44 0040 07 0178 38 F,qr Member Service CALL 1-800-774-2678 THANK YOU ! PLEASE COME AGAIN r nn '4 n r Q ) t. t , a I -5. Wnat are the na-es of country or district officers, servants or employees causing the da:--age or injury? ci CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIJ4,40bru�.. 4, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document maileL to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Mount: $159.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Roy S. Halleybone ATTORNEY: Date received ADDRESS: 140 Shale Cliff Ct. BY DELIVERY TO CLERK ON January 17, 1997 Clayton, CA 94517 hand delivered via: Risk M t. BY MAIL POSTMARKED: � I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL ggATCVELDR, DATED: January 17, 1997 BY: Depu y II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and ve are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: // 2 // BY: lL�%wG�Y�(,(/ C Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (x) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated 799 7 PHIL BATCHELOR, Clerk, By�u�� a- , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown" "a'bove. �/�� Dated. - �'� 9 q7 BY: PHIL BATCHELOR by�ji c /' - Deputy Clerk —0 CC: County Counsel County Administrator U Clair_ to: BOARD OF SUPERVISORS OF CONTRA COSTA COMM INSTRUCTIONS TO CLADWIT A. Claiss relating to causes of action for death or for injury to person or to per_ conal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 104th day after the accrual of the cause of action. Claims relating to causes of action for.death or for injury to person • or to perms property or growing crops and which accrue on or after January 11 1988, must be presented not later than six months after the accrual of the cause Of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) B. Clsira9 must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine street, martinez, CA 94553. C. If claim isagainst a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal. Code See. 72 at the end of this fox—,. f � f � 1F f f f N !f f f f f f f f 1t f f 1t 1f fF f !t f f f f f f f f f f f f f f f f f f RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the Camey of ra ContCosta ) JAN 1 7 M9T CLETTK DOF District) Fill in name ) the undersigned claimant hereby makes claim against the Canty of Contra Costa or the above-named District in the sum of $ J4-q , - Nic and in support of this claim represents as follows: 411( 01z-`r( 0"-`r� - I `7 D c_31 SC c 1. When did the damage or injury occur? -(Give exact date and hour) `7.O 0 . 2. Where did the damage or injury occur? (include city and county) j (\1A-q 1-ems 4 .� �"3.'_ z K D �Cc,A i o IJ CA N i N Co 3. How did the damage or injury occur? (Give full details; use e ra paper if required) ON Gotint � 2n CNV}(LSN C2ee_K ) , 6 IZoC. K of C-- 0f= �e �6AgarwC,4-,J - � tfes. (Lrct- -ft+e- t } { \J t} S l C CA V S i r1J C) { °E_ s. i (2112- c (l R ti I/� t f\3 �1+� Wkt,f0 so cid 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? nn < t acs u N� rUt (}-i N t r i s f I{-{ S " . IL O {�.�'A 1 S 6 ti 6 N 0J O 'N O� 4 �D 1�l2�-� +.J c t"�^. �*- "•L� 04e_.S : /�-�:M 17 t?,A4 L+('L 5 i��-� O t= r e r,� � u� O �A t- fSut NpJ t A ( (Iii S' T M . A & I AUTO GLASS 510 680.0977 Fox 15 101 680,8085 1M Detroit Avenues Concord, CA 94518 Lie. # 00357 Tac I.D. # 680365588 HOW DID YOU BEAR ❑DRIVE BY ❑YELLOW ❑ADDATE J OF US? ❑FIR PAGES ❑OTBER ; NAME —1 i HONE NO.,_. : wOex ORDER S1REETADDkESS - �;. - CITY ZIP CODE ESTIMATE ❑ JOB REFERRED DAY Tom DATE SPECIAL INSTRUCTIONS PERSON TO SEE CHARGE CARD ❑ CASH ❑ CHECK ❑ ON ACCOUNT ❑ POLICY NUMBER AGENT BROKER TELEPHONE NO. CLAIM/PURCBASE ORDER NO. ADDRESS, AUTO YEAR MAKE MODEL INSURANCE CO. vcvmcn BY LIC.} ,, MILEAGE .. ._ ADDRESS QTY SUM/PART NO. DESCRIPTION LABOR NET MATERIAL A&J AUTO GLASS IS AUTHORIZED TO PERFORM THE ABOVE WORK. TOTAL I �; The invoice is subject to the terms on the reverse side. SALES TAX � SIGNATURE DATE LABOR �, U RELEASE AND AUTHORIZATION TO PAY OTHER THAN ISSUED CLASIANT " The glass has been replaced to my complete satisfaction and I authorize to make pay- TOTAL DUE ment to A&J AUTO GLASS on their invoice to follow,the full amount due me under the LESS terms of my policy covering said loss.I understand that if for any reason my insurance DEDUCTIBLE company does not pay the claim, I will be responsible for payment of same. . BALANCE DUE SIGNATURE DATE le M I TJ # 41 iWiM • Customer Service Center 1-800-835-2257 B <. .. R'J SCI I 1 _-. -1 7 •'.`:i 51 c. r t�r1Ii:L. �5 n, , . .......-- YFA, MAKE BODY STY'-E "IL EACE t I 'EiNSE ST 1TOCK Ji 1995 N SS_AN ALTIMA 4D S'::DRN ',;'-_•.I C:_.E. TD j 1 1,i E 7 ----------- E L N G --_E:L_ ) 11:J -_n1:',.,r I�Ic'1 E3 i'!ZI -- WINhc)F.1I E!_.I; LOC 11 "IND R41 L , I ') r '1 ''E: ! I.MF ;1.. NKNOWrd d ti O U W 'r:, M O U v 41 01 P. t%Ill 01 IL. J. -rr TOTAL ESTIMATE 159. 85 f•1 F:.-.i'1�11:__ II'dVl-lirkidlr I I.11...I,rlld. I NI:r)Rmr, r;:rarr TI..I. cr;RE 01 Q: T 0"1 0bll -;;h ._l l[', 11411 f 0!') I L Ihif� 00AM N' ; ,,C..1.. 14 RE v.Jlrell t :EL.I. RE NU -- 1?rI I I, f)I .. _. r..; . ,. qac TF INIDE! 1 hereby authcr'ize SAFELITE Glass Corporation S"SAFELI-E i to provide the above referenced goods and el ;,es and furth:ee agree payment to SAFELITE for those goods and serices arcordinr, to the teras herein stated. Such tern, a e net Chirty da•.•= frgm +-.e date Of :cicz, I have read and understand the warning concerrirg adne5i6e cLLr2 times on the back et this for®. Aat^orizec signature - Date N Original estimate f Authorized by phone Date Time I Acknowledge notice anc oral approve of an ;n,rea5E :n the ;irlginal es`,,mated ,I-ILE; I Rev,. ed cstimate S Rzasan Additional cost i Authorized by _ _ ir' person Phu L Date Time _ All parts are new �un'ess otherwise specified -moi 41 1 �� nU , . r -r � _ . ww , G N N cs OAH,9 z �a � C sa a s0 s �- � a ~1 5_ wnat are `„ne names of county or district officers, servants or employees causing the �-a:,.ge or Injury? 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. 1 Attach two estimates for auto damage. W ( t-J "J u t C- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) PLO f �j�r� F i ((rLS 1 '`ti'v) 1'�� p � 5 �� B. Names and addresses of witnesses, doctor- and hospitals. 9. List the expenditures you made on account of this accident or injury: DATE. ITEK. AMIM „ # k k k k k k k k .k kk k k 116 ii k •# -k #.# # # # # # # # # # # # k k k k k k k # k k Gov. Code Sec. 910:2 provides: 'The claim must be signed by the claimant SEND NOTICES T0: (Attorney ) or by some Verson on his behalf.” Name and Address of Attorney . S , � ✓70ry k Claimant's Signature~ Address. Telephone No. J Telephone No. � ' (C 67z- 5 "7 1F k k k k k k # k k k k k kk # # NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill; account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by bath scch irrisanre^t and fine. c . /O CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA February 4, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailat to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Gov ��� Amount: $1,000,000.00 Section 913 and 915.4. Please note all •W ngs". CLAIMANT: Theotis Stewart JAN 14 1997 ATTORNEY: COUNTY COUNSEL MARTINEZ CALIF. Date received ADDRESS: 901 Court St. BY DELIVERY TO CLERK ON January 14, 1997 Martinez, CA 94553 via: Count BY MAIL POSTMARKED: y Inter-Office Transmittal I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 14. 1997 PIL �PUIyLOR, Clerk Ii. FROM: County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ��� I y 7 BY: ���v � Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full, ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. / q Da4d: 7Tr�^�^^�yJ�997PHIL BATCHELOR, Clerk, By�/ �ii—� Deputy Clerk WARNING (Gov, code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated BY: PHIL BATCHELOR b /i c `� Deputy Clerk CC: County Counsel County Administrator Claim to: SOOD OF SUPERV SM OF CONTRA COSPA mm= IASTR MONS TO CLAIMANT A. Clam relating to causes of action for death or for injury to person or to per. sonal property or growing crops and which accrue on or before December 31, 19819 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing craps and which accrue on or after January 1, 19889 must be presented Wt later than six months after the accrual of the cause Of action. Claims relating to any other cause of action mist be presented not later than one year after the accrual of the cause of action. (Govt. Code $911.2.) B. Claims lust be filed with the Clerk of the Board of Supervisors at its office in Moria 106, County Administration Building, 651 Pine Street, Martinsz, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is spinet more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty foal fraudulent claims, Penal Code Sec. rc at the and of this To ea40a91aaa0a0004a160066616106000 aaaaaeaaaa REs Claim By ; Reserved for Clerk'.i filing stamp lofrs Sk4�o ck ) RECEIVED �Caf Cdu r4 s 15inst the County of intra Costs ) 4 `\ or ) CC).1'A" f QC Ceti r, CmS+ n as-W&GO CLERKaOARDOFSUPERW RS 111 in name ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of an). i-ryO Yt and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2. Where did the damage ar lrniury ovouri (.incluae city ww &,Mty) C .�.,� o� r,�!•1 {.� ,r� Co „ ,,k, yr ("a�+,�rn C�-��� I Bow did the damage or irjury occur? (Give full details: use extra Aper if required) t� 4'IL �� 'rrc �alscEnFC,r.t , s 0, / ,. toarA .C1lecx( ' ,V\-$V f�e k A. What particular act or omission on the part of county or district officers, servants or employees caused the injury er damage? + r d '��. V ... C4r,:;� . R.g 'IO �C. {i--,[.r Ssn ,•t 1� .,�„ 'uRrvrKp { CjfR"/ uf��. 6,3114 fc, 4 Fc�' �,rnr Gcb+ltarl a� L/a��ri`cRau' acli � t (over) c�( 6oJriY 6�i+C �<°�S 5. �ftt are the names of county or district officers, servants or employees causing the damage or injury? ra .c Ulok%\n,. ,,, a � 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. r-Q o by A4 1bzfQ _ 7. Now was the amount claimed above oomputed? (Include the estimated amount of any prospective injury or damage.) l / B. Names and addresses of witnesses, doctors and hospitals. 70 fl-iv 0C o 4-r 1 �� Cusao� / r16� Q��l �4 �i/o ✓,cLo ^yr �, ca ljr -4-;. .c. 9. List the expenditures you made on account of this aocident or injury: DATE IT?`M AMM''T aaaaaaiaaa + aaaaaaiaaaiaiiiitaiaaailaaaiaia Gov. Code Sec. 910.2 provides: SEhhJ NDTIC£S T0: O(Attorney) or claim laim permeson et be signed by the his claimant cone and Address f Attorney ` (Claimant's gna�ure (Address) r�rtE �`, v d ,..h n1L.ir �. i p• � � �., Telephone No. Telephone No. a / a ! a ! a ! a a i N 0 T I C 2 Section T2 of the Penal Code providesr °Every person ift, with intent to defraud, presents for allowance or for paymet't�yonrtat to officer, oto any county, city or district board or pay genuine, any false or fraudulent claim, bill, account, voucher, or waiting, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fire of not exceeding one thousand (:1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars (=1010009 or by both such imprisonment and fine.