HomeMy WebLinkAboutMINUTES - 12011998 - C170 C 1 Y 0
TO: BOARD OF SUPERVISORS
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra
Costa
DATE: December 1, 1998 County
SUBJECT: LEASE OUT OF 1301-1313 CUTTING BOULEVARD,
RICHMOND,FOR THE HEALTH SERVICES DEPARTMENT
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease, commencing July 1, 1998, with Bay Area Addiction, Research and
Treatment, Inc. (BAART), for County owned premises at 1301-1313 Cutting Boulevard,
Richmond, CA. under the terms and conditions more particularly set forth in said Lease, and
AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County.
ll. FINANCIAL IMPACT
Revenue Lease. Annual revenues of$91,200 are credited to the Health Services Department
which is charged the expenses for the 1301-1313 Cutting Boulevard facility.
Ill. REASONS FOR RECONINIENDATIONIBACKGROUND
Since August 1, 1994, BAART has leased approximately 4,100 sq.ft. of County owned space
located at 1313 Cutting Boulevard, Richmond, for operation of a Methadone Program. Since
July, 1, 1998, BAART has expanded into the remainder of the building (1301 Cutting Boulevard,
approximately 2,400 sq.ft.). Approval of the recommended action will terminate the lease
approved by your Board on August 9, 1994 for the 1313 Cutting Boulevard portion and be
replaced with this lease for the entire facility.
CONTINUED ON ATTACHMENT: YES SIGNATURE: &1AL"0(f
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON f APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: General Services Department-Lease Management Division I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Accounting AND ENTERED ON THE MINUTES OF THE BOARD
Auditor-Controller(via UM) OF SUPERVISORS,pN THE DATE SHOWN,
County Administrator's Office (via LfM) �)
1
Lease(via ice ATTESTED
PHIL BATCHELOR,CLERK OF HE BOARD OF
County Counsel Health Services{via UM)sel(via UM) SUPERVISORS AND COUNTY ADMINISTRATOR
Risk Management(via UM)
Orig:General Services Department-UM BY 'f/�, ,� DEPUTY
G:\LeaseMgt\Cuttingbo.dot M382(10/88)
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GENERAL SERVICES DEPARTMENT C. 170
LEASE MANAGEMENT DIVISI N
1220 Morello Avenue, Suite 1
Martinez, California 94553 7
Extension 3-7250
FAX 3-7299
1
SI N
DATE: November 17, 1998
TO: Phil Batchelor, County Administrator
FROM: Barton J. Gilbert Director of Genera e Nices
SUBJECT: Ag end : Revenue Lease for 1301-1313 Cutting Blvd., Richmond, Bldg. 363
A new revenue lease has been negotiated as follows:
OCCUPANT: BAY AREA ADDICTION RESEARCH AND TREATMENT, Inc.
(BAART)
RENT: $7,600 per month
TERM: Commencing July 1, 1998 and ending July 31, 1999.
OPTION: No options.
PREVIOUS RENT: $4,785.00 for 1301 Cutting only (4,090 sq.ft.)
SQUARE FEET: 6,500 sq.ft. for 1301-1313 Cutting (one building)
SPACE TYPE: Medical clinic
COUNTY RESPONSIBILITY: Roof,building exterior, HVAC, locks &key systems
ADDRESS: 1301-1313 Cutting Blvd. Richmond
NOTICE: Government Code Section 25351 Notice given to City of Richmond in June,
1994 at time County purchased the building.
AGENDA 11EM: Authorize the Director of General Services to execute a Lease with Bay
Area Addiction, Research and Treatment,Inc. (BAART) for occupany
of County owned premises at 1301-1313 Cutting Boulevard,
Richmond. (Revenue Lease Out).
BJG:CGB
Agenda Itm(new,renewal).doe
cc: Kathy Brown
Alan Pfeiffer
Terry Mann
LEASE
TABLE OF CONTENTS
CONTRA COSTA COUNTY
TO
ADDICTION, RESEARCH AND TREATMENT, INC.
(dba BAART)
FOR
1301-1313 CUTTING BOULEVARD
RICHMOND, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.l. I"RTIE5: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A.2. I'jjR.f-Q-S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A.3. L EA.SY OF PRFMISi+S: . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .
AA. —TE M: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A.5. RENT: . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A.G. SES.Umy DEPOSIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.7. FXTE S, i ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
A.S. UTILITIES AND AL: . . . . . . . . . . . . . . . . . . ` . . . . . . . . . . 3
A.9. MAINTENANC A D REPAIRS: . . . . . . . . . . . . . . . . . . . . . . . . . 3
A.10. NDWS�.F : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.11. ATTACHM;EN1'S: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
A.12. VITT N AGREEMENT: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
A.13. IE IS.OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
A.14. SI N t RF BLOCK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION B: STANDARD PROVISIONS
B.I. HQLDING OVER.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11.2. USE OF PR I ISF • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B.3. IIOLD- HAR_AllXM: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . I . . . 7
B.4. L IABII ITV INSt1�ANCE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B.5. F�RE_�ND.EXIENUED COV . . . . . . . . . . . . . . . 8
B.G. ALT RATIONS,FIXTU_RS,AND SIGNS: . . . . . . . . . . . . . . . . . . . . . 8
B.7. N: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B.8. QUIE ,ENJOYMENT: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
B.9. DEFAULTS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
B.10. SURRENDER OF P ,MISE,$: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
B.11. SUCCESSORS_AND. ASSIGNS: . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B.12. S,.V II'I'.V-.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
B.13. V STE: NUISANCE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION C: SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SIUBLEASSE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3
C.2. SERVICES BY C0llNl'Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
C.3. PROPERU TAXES: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
CA. IN C-Tt)N: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
C.5. TERMINATION OI1'PA NT I ASE" . . . . . . . . . . . . . . . . . . . . . . 14
EXHIBITS
EXHIBIT A: PREMISES
LEASE
1301-1313 Cutting Boulevard
Richmond, California
to
Addiction, Research and Treatment, Inc.
(dba BAART)
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on ]december 1. 998, ADDICTION, RESEARCH AND
TREATMENT, INC., (dba BAART), a private California corporation, hereinafter called
"LESSEE," and the COUNTY OF CONTRA COSTA, a political subdivision of the State
of California, hereinafter called "COUNTY," mutually agree and promise as follows:
A.2. PURPOSE: The purpose of this Lease is to provide a facility for the LESSEE to
provide methadone maintenance and primary care services. The COUNTY is the owner of
f
an approximate 6,540 square foot building commonly known as 1301and 1313 Cutting
Boulevard, Richmond, CA. The COUNTY and LESSEE agree on the benefit of provision
of methadone maintenance and primary care services to residents of Contra Costa County.
It is the purpose and intent of this Lease to establish and identify the terms of the LESSEE's
tenancy as well as the various rights, duties, obligations and responsibilities of each party
with regard to the LEASE.
A.3. LEASE OF PREMISES: COUNTY, for and in consideration of the rents, hereby
leases to LESSEE, and LESSEE leases from COUNTY those certain Premises described as
follows: the building commonly known as 1301 and 1313 Cutting Boulevard, Richmond,
containing approximately 6,504 square feet of office and clinic space, more particularly
shown on Exhibit "A" attached hereto and made a part hereof, together with exclusive use
of the building parking lot.
A.4. TERM,: The term of this Lease shall be two (2) years and one (1) month,
commencing July 1, 1998 and ending July 31, 2000.
A.5. RENT: LESSEE shall pay to COUNTY as rent for use of the Premises a monthly
rental as follows during the term of this Lease:
a:\LeaseMgt\CAROL\Methadonefinalleasel.doc
Time Perk d Nionthly ental
July 1, 1998-July 31, 1999 $ 7,600.00
August 1, 1999-July 31, 2000 $ 7,750.00
Upon execution of Lease, LESSEE shall pay to COUNTY all rental due for the Premises
for the period commencing July 1, 1998 through the end of the monthin which LESSEE
has executed the Lease. Said payments may be made in three equal installments with the
final payment made no later than December 31, 1999. Subject to the foregoing, monthly
rental payment shall be payable on the first day of each month during the term of this Lease
and any extension thereof. Payments shall be mailed to:
Contra Costa County
1220 Morello Avenue, Suite 200
Martinez, CA 94553.
A.6. SI+' ,;UR Tom' DEPOSIT: Upon LESSEE execution of this Lease, LESSEE shall
deposit to the COUNTY the amount of FIFTEEN THOUSAND AND NO/100 DOLLARS
($15,000.00) which the COUNTY shall hold for the full and faithful performance by
LESSEE of the terms, conditions and covenants of this Lease.
During the term of this Lease and any extension thereof and upon termination of this
Lease, the COUNTY may use any portion of the security deposit as may be reasonably
necessary to remedy LESSEE'S defaults of the provisions of this Lease,'including, but not
limited to: payment of unpaid rent, reimbursement for maintenance and or/repair work
performed by COUNTY for the LESSEE, cleaning of the premises, repair of damage, or for
storage of personal property which has been abandoned by LESSEE. On the occurrence of
the COUNTY using a portion of the security deposit to remedy any default as described
herein, COUNTY shall invoice LESSEE for the cost of the remedy in order to replenish the
Security Deposit. LESSEE shall pay promptly said invoice upon receipt. Upon Lease
termination, any remaining portion of the security deposit, after such deduction, shall be
mailed to LESSEE at last known address.
A.7. EXIEN ION: Subject to the rent being paid and current, a full Security Deposit
of$15,000.00 being held by COUNTY (as specified in Paragraph A.5 D. pgsit)
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of$15,000.00 being held by COUNTY (as specified in Paragraph A.5, &curity Deposit)
and the LESSEE not being in default of any terms of this Lease, this Lease may, at the
option of LESSEE, be extended for four one (1) year terms upon the same terms and
conditions, except that rental shall be adjusted as follows:
Time Period Monthly Rental'
August 1, 2000 through July 31, 2001 $ 7,750.00
August 1, 2001 through July 31, 2002 $ 7,900.00
August 1, 2002 through July 31, 2003 $ 8,050.00
August 1, 2003 thrgVgh July 31, 2004 $ 8,200.00
It is understood and agreed that LESSEE shall give COUNTY sixty (60) days prior
written notice of its intention to exercise the option to extend this Lease. However, in the
event LESSEE does not give such written notice, the right to exercise the option before
termination of this Lease shall not expire until fifteen (15) days after receipt ofCOUNTY's
written demand to exercise or forfeit said option.
AX UTILITIES AND JANITORIAL:j: LESSEE shall pay for all gas, electric, water,
sewer, refuse collection and janitorial services provided to the Premises..
A.9. MAINIENANCE AND REPAIRS:
A. COUNTY shall keep the roof and exterior of the building in good order,
condition, and repair and shall maintain the structural integrity of the building.
LESSEE shall continuously maintain the building exterior in a clean and sightly
condition and shall promptly remove any graffiti. LESSEE shall maintain the
exterior doors and their fixtures, closers and hinges and glass and glazing.
COUNTY shall maintain all locks and key systems used in the Premises.
However COUNTY shall provide to LESSEE a written cost for lock or key work
requested by LESSEE, such as re-keying, issuance of new keys, or replacing
hardware or otherwise changing the operating function of existing hardware.
LESSEE shall remit payment to COUNTY in advance of work being performed
by COUNTY.
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C. LESSEE shall repair and maintain the electrical, lighting, water, and plumbing
systems in good order, condition, and repair. However COUNTY shall be
responsible for any occurrence of plumbing repair which exceeds ONE
THOUSAND and NO/100 DOLLARS ($1,000.04).
D. COUNTY shall maintain and repair the heating,ventilating, and air-conditioning
system.
E. LESSEE shall maintain the parking lot, landscaping, sprinkles`system, and exteri-
or lighting system in good order, condition, and repair.
F. LESSEE shall provide, install and maintain, at the direction of the Fire Marshal,
the necessary number of A-B-C fire extinguishers for the Premises.
G. LESSEE shall not suffer any waste on or to the Premises.
H. COUNTY shall be responsible for correction of any code violations which may
exist on the Premises , provided COUNTY shall not be liable:for correction of
code violations arising out of and are directly related to any alterations or
improvements completed by LESSEE, and/or a change in LESSEE's occupancy
or use of Premise.
A.10. NOTICES: All notices given hereunder shall be in writing and shall be deemed to
have been given if personally delivered or deposited in the United States mail postage
prepaid, certified or registered, return receipt requested, and addressed to the other party as
follows or as otherwise designated by written notice hereunder from time to time:
To Lessee: Addiction, Research and Treatment, Inc.
1111 Market Street
San Francisco, CA 94143
To County: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
A.11. ATTACHMENTS: Section B, Standard Provisions, and Section C, Special
Provisions, are attached to this Lease and are made a part hereof,
G:\LeaeeMgt\CAROL\Methadonefinalleaael.doa
A.12. ARMEN AG EEM, NT; Neither party has relied on any 'promise or repre-
sentation not contained in this Lease. All previous conversations, negotiations, and
understandings are of no further force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs are for convenience only and
are not a part of this Lease, nor shall they be considered in construing the intent of this Lease.
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A.1P. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.A.7-SIGNATURE BLOCK
CUNlY LESSEE
COUNTY OF CONTRA COSTA, a
political subdivision of the State of ADDICTION, RESEARCH AND
California TREATMENT, Inc. a private California
Corporatio
B ,
Y D By
Director of General Services NamefAcial Capacity
By_A-,o �4,V—t, 4
Name and Official Opacity
RECOMMENDED FOR APPROVAL:
B _
Director, Capital Facilities and Debt
Management
By
Deputy'Generaf Sejoc& Director
By
Heayfi , vic LsD ep a r t m e n
By
Lease Manager
By
is M e t
q
APPROVED AS TO FORM:
VICTOR.J. WESTMAN, County Counsel
By
Deputy
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LEASE
1301-1313 Cutting Boulevard
Richmond, California
to
Addiction, Research and Treatment, Inc.
(dba BAART)
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term of this Lease, or extension
thereof, as provided hereinabove shall be construed to be a tenancy from month to month,
subject to the terms of this Lease so far as applicable. Rental during any month to month
tenancy shall be the amount as specified for said month in Paragraph A.6. Extgnsion.
B.2. JISE OF PREMIA: The Premises shall be used during the tern of this Lease, or
extension thereof, for methadone maintenance and primary care services for methadone
r
maintenance clients. Failure to provide methadone maintenance services shall constitute
a default of this Lease.
B.3. HOLD HARMLESS: LESSEE shall indemnify, save, protect and hold harmless the
COUNTY, its officers, agents and employees from any and all claims,,costs and liability,
for any damage, injury or death, including without limitation all consequential damages
from any cause whatsoever, to persons or property arising directly or indirectly from or
connected with this Lease, LESSEE's operations, or LESSEE's use or possession of the
Premises, and if required by COUNTY, will defend any such actions at the sole cost and
expense of the LESSEE, save and except for any and all claims, costs and liability arising
from the sole negligence, errors, or omissions of the COUNTY, its officers, agents and
employees.
B.4. LIABILITY INSURANCE: LESSEE agrees, at no cost to the COUNTY, to obtain
and maintain during term of this Lease, comprehensive liability insurance with a minimum
combined single-limit coverage of$1,000,000 for all claims or losses due to bodily injury,
sickness or disease or death to any person, or damage to property, including loss of use
thereof arising out of each accident or occurrence, and to name Contra Costa County, its
officers, agents, and employees as additional insured thereunder. Said coverage shall
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provide for a thirty (30) day written notice to COUNTY of cancellation or lapse. Evidence
of such coverage shall be furnished to COUNTY prior to execution of this Lease.
B.S. FIRE AND EXIENDED COVERAGE INSURANCE: LESSEE shall, at its sole
cost and expense during the term of this Lease or extension thereof, obtain and maintain fire
and extended coverage insurance providing protection of LESSEE's property and
improvements against loss caused by the perils of fire, lightning and those afforded by the
standard all risk. Special Form endorsement.
)Ma_ iver . ogation: Except as may be specifically provided',for elsewhere in this
Lease,COUNTY and the LESSEE hereby each mutually waive any and all rights of recovery
from the other in event of damage to the Premises or property of either caused by acts of
God, perils of fire, lightning, and the extended coverage perils as defined in insurance
policies and forms approved for use in the State of California. Each party shall obtain any
special endorsements, if required by their insurer, to evidence compliance with the
aforementioned waiver.
BA RAT MPROMEMENM 0XI AND SIGN : LESSEE shall
obtain prior written approval of COUNTY for any alterations, improvements or repairs.
Such permission shall not be unreasonably withheld. LESSEE shall obtain all necessary
permits and comply with all applicable governmental laws,regulations, ordinances and codes
for all work undertaken. LESSEE agrees that all contractors retained by LESSEE to perform
any work of maintenance, alteration, improvement and/or repair shall be licensed and
insured. COUNTY shall be named as additional insured on said policy. LESSEE shall
obtain prior written approval of COUNTY for attachment of fixtures and signs. Installation
of fixtures and signs shall be at LESSEE's sole cost and expense. Upon removal of said
signs or fixtures, LESSEE shall restore Premises to the original condition, reasonable wear
and tear excepted.
B.7. DES-'MCT10N.
A. In the event of damage causing a partial destruction of the premises during the
term of this Lease from any cause, and repairs can be made within sixty (60) days
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from the date of the damage under the applicable lawsand regulations of
governmental authorities, COUNTY shall repair said damage promptly and
within a reasonable time, but such partial destruction shall not void this Lease,
except that LESSEE shall be entitled to a proportionate reduction of rent while
such repairs are being made, such proportionate reduction to be based upon the
extent to which the portion of the Premises unusable by LESSEE bears to the
total area of the Premises.
B. If such repairs cannot be made in sixty (64) days, COUNTY shall make the same
within a reasonable time. COUNTY's obligation to make such repairs shall be
limited to the extent that insurance proceeds are available for such repair.
COUNTY's obligation shall also be limited to the building roof, structural
integrity and building exterior. LESSEE shall have responsibility for repair of the
building interior. LESSEE shall submit the interior repair'building plans and
specifications to COUNTY for written approval prior to initiation of any work.
All work undertaken by LESSEE shall be in accordance with preceding
Paragraph B.6.. ALIERAITIONS. IMPRO—VEMENTS, FIXTURES
LESSEE shall be entitled to a proportionate reduction of rent while such repairs
are being made, such proportionate reduction to be based upon the extent to which
the portion of the Premises unusable by LESSEE bears to the total area of the
Premises. In the event that such repairs cannot be made under the applicable laws
and regulations of governmental authorities, this Lease may be terminated at the
option of either party.
C. A total destruction of the Premises shall terminate this Lease.
B.$. QUIET E JOYMENT: COUNTY covenants that LESSEE shall at all times during
the said term peaceably and quietly have,hold, and enjoy the Premises without suit, trouble
or hindrance from or on account of COUNTY as long as LESSEE fully performs hereunder.
B.9. DEFA M: The occurrence of any of the following shall constitute an Event of
Default under this Lease:
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A. Event of Default by LESSEE.
1. LESSEE's failure to pay any Rental within(10)business days after written notice
of the failure from COUNTY to LESSEE.
2. LESSEE's failure to comply with any other material termor provision of this
Lease if such failure continues sixty(60) days after written notice of failure from
COUNTY to LESSEE specifying in reasonably sufficient detail the nature of said
breach. If the required cure of the default cannot be completed within sixty (60)
days, LESSEE's failure to perform shall constitute a default under the Lease
unless LESSEE undertakes to cure the failure within thirty (30) days and
diligently and continuously attempts to complete the cure as soon as reasonably
possible.
On the occurrence of an Event of Default by LESSEE, COUNTY may re-enter and
repossess the Premises and remove all persons and property therefrom after giving
LESSEE written notice of such Default and in accordance with due process of law.
B. Event of Default by COUNTY. COUNTY's failure to perform any of its
obligations under this Lease shall constitute a default by COUNTY if the failure
continues for(30) days after written notice of failure from LESSEE to COUNTY. If
the required performance cannot be completed within thirty (30) days, COUNTY's
failure to perform shall constitute a default under this Lease unless COUNTY
undertakes to cure the failure within thirty(30) days and diligently and continuously
attempts to complete this cure as soon as reasonably possible. On occurrence of an
Event of Default by COUNTY, LESSEE may terminate this Lease and quit the
Premises without further cost or obligation or may proceed to repair or correct the
failure and file a claim with the COUNTY for the cost of said repairs.
B.10. SURRENDER OF PR RISES: On the last day of the said term, or sooner
termination of this Lease, LESSEE will peaceably and quietly leave and surrender to
COUNTY the premises with its appurtenances and fixtures (except 'signs and fixtures
referred to hereinabove) in good order, condition, and repair, excepting for reasonable use
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and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act
of God, or by circumstances over which LESSEE has no control. LESSEE shall not be liable
for painting the interior of the Premises upon termination of this Lease.'
B.11. SUCCESS S RS AND ASSIGNS. The terms and provisions of this Lease shall
extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns
of the respective parties hereto.
B.12. VERABILM: In the event that any provision herein is held to be invalid by any
court of competent jurisdiction, the invalidity of any such provision shall not materially
prejudice either the LESSEE or COUNTY in its respective rights and obligations contained
in the valid provisions of this Lease.
B.13. WAST• NUISANCE: LESSEE shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisance or other act or thing which may disturb the
neighborhood in which the Premises are located.
G:\LeaseMgt\CARGL\Methadonefinallease.doc
LEASE
1301-1.313 Cutting Boulevard
Richmond, California
to
Addiction, Research and Treatment, Inc.
SECTION C: SPECIAL PROVISIONS
C.I. ASI NMENT OR SUBLEAS : LESSEE shall not have the right to assign this
Lease or sublease the Premises or any part thereof at any time during the term of this Lease
or extension thereof. Not withstanding the foregoing, LESSEE shall have the right, without
COUNTY's consent, to enter into an Assignment of this Lease or a Sublease of the Premises
to the parent corporation of LESSEE, any wholly-owned subsidiary corporation of LESSEE
or LESSEE's parent corporation, or to any corporation succeeding to substantially all of the
assets of LESSEE as a result of a consolidation or merger or to a corporation to which all or
substantially all of the assets of LESSEE have been sold, provided, that in each of the
foregoing instances, such other corporation shall assume in writing all of LESSEE's
obligations hereunder.
C.2. SERVICES BY COUNTY: From time to time LESSEE may request that COUNTY
perform certain maintenance, construction or remodeling services during the term of this
Lease or extension thereof. LESSEE shall make written request that COUNTY perform such
additional services.
COUNTY shall consult with LESSEE and select either licensed, insured contractors
or employees of COUNTY to provide the service. LESSEE and COUNTY shall agree to the
scope, term, and cost of the additional services and LESSEE shall pay to COUNTY as
additional rent one hundred percent(100%) of the costs of the service P-tiQr to provision of
services by COUNTY.
Nothing in this Lease shall require the COUNTY to provide such additional services,
and it only upon mutual agreement between the parties that any such services shall be
provided by the COUNTY.
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C.3. E EMY TAXES:S: COUNTY shall pay for all the City and/or County real property
taxes, general assessments and/or possessory interest tax levied against Assessor's Parcels
544-240-410-6 and 544-240-011-4 during the term of this Lease or extension thereof,
LESSEE shall pay for all special assessments.
C.4. IN'SPE `r' CSN; COUNTY reserves the right to enter the premises between the hours
of 8:04 a.m. and 2:04 p.m., Monday through Friday, holidays excepted, or at any time in an
emergency, and to employ the proper representative or contractor in order to see that the
property is being reasonably cared for, that no waste is being made, and that all things are
done in the manner best calculated for the preservation of the property, and in full compli-
ance with the terms and conditions of this Lease.
C.S. JERMINATION OF PRESENT LEASE:: It is understood and agreed that LESSEE
now leases a portion of the Premises under the terms of a Lease dated August 9, 1994. Upon
commencement of this Lease, said August 9, 1994 Lease shall terminate.
EXHIBITS
EXHIBIT A: PREMISES.
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