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Home My WebLink AboutMINUTES - 11161999 - C133-C136 250-99458.4.1 TO: BOARD OF SUPERVISORS FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra Costa DATE: November 16, 1999 County SUBJECT: COMPUTER ROOM EXPANSION AT 595 CENTER AVENUE, SUITE 210,MARTINEZ,FOR HEALTH SERVICES (VVH590B, FORMERLY WPA340 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION DETERMINE that there is not a need to continue the emergency action taken by the Board on April 27, 1999 pursuant to Public Contract Code Sections 20134 and 22050, to expand the computer room at 595 Center Avenue, Suite 210, Martinez for Health Services. 11. FINANCIAL, IMPACT Funding for this project has been budgeted. III. BACKGROUND A. The computer room expansion involves remodeling a portion of an existing building for Health Service's two primary patient health care computer systems: the Contra Costa Health Plan Management Information System (`xCCHP MIS"), and the Primary Patient,Care Delivery and Billing System. After remodeling is complete, Health Services will install, test, and make operational these two computer systems. B. The Health Services Department has determined that the current estimated remodeling completion date of October 1999 will not leave adequate time for the subsequent installation and Year 2400 ("Y2K')compliance testing of the two computer systems before the Year 2000 arrives. CONTINUED ON ATTACHMENT:_X—YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER URE(SJ._&&h A W, Z lza ACTION OF BOARD ON November 16, 1399 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: general Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Architectural Division AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD File: 250-9945/A.5 OF SUPERVISORS ON THE DATE SHOWN. G.S.Accounting County Administrator's Office ATTESTED_ November_16, 1999 _ Health Services Department(Via AD) PHIL BATCH OR,CLERK OF THE BOARD OF SUPERVI Atli)COUNTY ADMINISTRATOR BY DEPUTY N:119991250994519L04540b.doc Page 1 of 2 M382(10/88) COMPUTER ROOM EXPANSION AT 595 CENTER AVENUE, SUITE 250-9945/8.4.1 210,MARTINEZ, FOR HEALTH SERVICES (WH590B,FORMERLY November 16, 1999 WPA340) C. In addition, an October 1999 remodeling completion date will not meet the September 1999 deadline established by the State Department of Health Services (DHS) for a Y2K. compliant CCHP MIS system. D. The continuous operation of these two systems is vital to Health Services' ability to deliver health care and treatment services to their patients, and is therefore necessary for the life, health, welfare, and safety of the citizens who rely on Health Services for critical health care services, medical treatment, and emergency medical services. E. Consequently, on April 27, 1999 (Agenda Item C.72), the Board 1) found that an emergency exists, 2) delegated authority to the General Services Director to proceed in the most expeditious manner with the Computer Room Expansion, 595 Center Avenue, Suite 210, Martinez for health Services, 3) directed the General Services Director to make reports to enable the Board to review the emergency actions and to determine that there is a need to continue the action and 4) declared that the project, as an emergency, is exempt from the provisions of the California Environmental Quality Act. F. The condition that the Board found to be an emergency on April 27 continues to exist. Therefore, it is necessary to continue the emergency action previously taken by the Board so that the work can be completed in the shortest time possible. G. On April 27, 1999 the Board approved a consulting services agreement with Marcy Li Wong Architects for architectural and engineering services for the Computer Room Expansion. On April 22, 1999 a First Amendment was issued to amend Appendix B, Paragraph A of the consulting services agreement to include Classifications and rates specified in Marcy Li Wong Architect's 1999 Hourly Billing Rates and Reimbursables Schedule. There was no increase in the payment limit. On July 8, 1999 a Second Amendment was issued for additional engineering design services due to increased project scope and construction administration services. The revised agreement payment limit is $97,900.00. H. Contracts for the emergency work have been negotiated. A contract was issued to the Contractor, RGM and Associates, Inc., on June 17, 1999, with an effective date of May 10, 1999 and a payment limit of$837,982.00. On June 25, 1999, a formal notice to proceed was issued to confirm the contract starting date of March 10, 1999 and a project completion date of September 15, 1999. I. Change order No. 1 for $1,011.63 was issued August 26, 1999, to make window changes and revise the generator enclosure with a revised payment limit of$838,993.63. The completion time was increased by seven days. A final change order is being processed. J. Pre-testing and activation of new emergency generator and electrical systems is complete. K. On November 16, 1999, the Board is scheduled to accept the work as complete. L. The condition that the Board found to be an emergency on April 27, 1999 no longer exists. That is, the computer room expansion has been complete and the computer systems have been installed, tested, and made operational. Therefore, it is not longer necessary to continue the emergency action previously taken by the Board. Ew:ty HA199912509945\9L04540b.do0 Page 2 of 2 M382(10188) WHEN RECORDED, RETURN III III I II III II II I VIII III VIII I III I IIII I III IN II TO CLERK, BOARD OF CONTRA COSTA Cc Recorder Office SUPERVISORS STEPHEN L.A1119WIV08573-00 ecorder DOC— W, NOV 24, 1999 14:36:39 FR0 $0.00 Ttl Pd $0.00 Nbr-0000741364 Ire/RS/1-2 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Givin RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with and NOTICE OF COMPLETION RGM & Associates, Inc. (C.C. §3086, 3093)' Budget Line Item No. 6971-4590 RESOLUTION NO. _-gg ,R 3 The Board of Supervisors RESOLVES THAT: The County of Contra Costa on May 10, 1999, contracted with RGM & Associates, Inc., for Computer Room Expansion at 595 Center Avenue, Suite 210, Martinez for Health Services Department, Budget Line Item No. 6971-4590, Authorization No. 0927-WII590B, with St. Paul Mercury Insurance Company as surety, for work to be performed on the grounds of the County; and The Director of General Services reports that said work has been inspected and complies with the approved plans and specifications, and recommends its acceptance as complete as of November 16, 1999; Therefore, said work is accepted as recommended above, and within ten days, the Clerk of the Board shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. Time extension to the date of acceptance is granted as the work was delayed due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor. PASSED BY THE BOARD on November 16, 1999, by the following vote: AYE' S: Supervisors Gioia, Uilkema, DeSaulnier and Canciamilla NOES: None ABSENT: Supervisor Gerber HAI 999\2509945\9L04542b.doe Page 1 of 2 308573 CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board's meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: November 16 1999 Phil Batchelor, Clerk of the at Martinez, a 1 ornia. Board of Supervisors and Coun istrato By Originator: General Services Department - Architectural Division cc: General Services Department Architectural Division Accounting File 250-9045/A.5 County Administrator's Office (Via A.D.) Auditor-Controller (Via A.D.) Contractor (Via A.D.) Surety (Via A.D.) Health Services Department (Via A.D.) County Recorder EW.tb H:\1999\2509945\9L04542b.doc OFPage 2 of 2 TG>: BOARD OF SUPERVISORS Contra FROM: Barton J. Gilbert, Director of General Services Costa DATE: November 16, 1999 County SU13JECT: Disposal of Surplus Property SPECIFIC REQUESTS OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I» RECOMMENDATION Declare as surplus and authorize the Purchasing Agent to dispose of equipment and vehicles as specifically set forth below. II. BACKGROUND Section 1108-2.212 of the County Ordinance Code authorizes the PurchasingAgent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be further required for public use. The items are A)obsolete,B)worn out, C)beyond economical repair, or D)wrecked beyond repair and are appropriate for disposal. County Qty Description Estimated Condition Department # Valine D.A's Office— 11265 1 IBM QUIETWRITER PRINTER, N/A D Family Support S/N 13410000123007 D.A's Office— 108914 1 IBM QUIETWRITER PRINTER, N/A D Family Support S/N VHW-000442 D.A's Office— 110266 1 IBM QUIETWRITER PRINTER, N/A D Family Support SIN 13410000123035 D.A's Office— 118238 1 IBM QUIETWRITER PRINTER N/A D Family Support III PRINTER.,MODEL 5202, S/N 11-7564320 D.A's Office— 115979 1 IBM QUIETWRITER III N/A D Family Support PRINTER., MODEL 5202, S/N 11-7548693 D.A's Office— 117980 1 IBM QUIETWRITER III N/A D Family Support PRINTER,MODEL 5202, S/N 11-7564312 D.A's Office--- 117981 1 IBM QUIETWRITER III N/A D Family Support PRINTER, MODEL 5202, SIN 11-756587dwahA&E 6 r RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON— November 1 6,, 1999 APPROVED AS RECOMMENDED XX OTHER CONTINUED OOT ATTACHM NT: X YES SIGNATURE: I fi c 1 u d e s 2 attached pages VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT #T j l „ ) AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE ABSENT: ABSTAIN: AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD MEDIA CONTACT: BARTON J.GILBERT(313-7100) OF SUPERVISORS ON THE DATE SHOWN, CC: County Administrator ATTESTED November 1.6 , }9 Auditor Controller PH41-BATCHELOR,CLERK OF THE BOARD OF General Services Department SUPERVIS AS ND COUNTY ADMINISTRATOR Administration; Accounting; Purchasing District Attorney's Office–Family Support Health Services Public Health B DEPUTY M382 (10/88) Re: Disposal of Surplus Property November 16, 1999 Page - 2 - Department County Qty Description Estimated Condition # 'value D.A.'s Office— 118228 1 IBM QUIETWRITER III PRINTER, N/A D Family Support MODEL 5202, SIN 11-75639698 D.A.'s Office— 118231 1 IBM QUIETWRITER III PRINTER, N/A D Family Support MODEL 5202, S/N 11-7564288 D.A.'s Office— 118235 1 IBM QUIETWRITER III PRINTER, N/A D Family Support MODEL 5202, S/N 11-7563597 D.A.'s Office— 118236 1 IBM QUIETWRITER III PRINTER, NIA D Family Support MODEL 5202, S/N 11-7563700 D.A.'s Office— 118243 1 IBM QUIETWRITER III PRINTER, N/A D Family Support MODEL 5202, S/N 11-7543590 D.A.'s Office-- 122198 1 IBM QIj`IETWRITER III PRINTER, N/A D Family Support MODEL 5202, S/N 11-7548687 D.A.'s Office— 122071 1 TEXTRONIX COLORQUICK N/A D Family Support PRINTER, MODEL 4697, S/N JP08448 D.A.'s Office--- N/A 1 IBM PROPRINTER II XL, N/A D Family Support S/N 112053180 D.A.'s Office— N/A 1 IBM PROPRINTER II XL, N/A D Family Support S/N 112048492 D.A.'s Office— N/A 1 IBM PROPRINTER II XL, N/A D Family Support S/N 112053194 D.A.'s Office— 124207 1 COMPAQ PROSIGNIA FILE N/A D Family Support SERVER, SIN 63021IDT30336 D.A.'s Office— 118805 1 IBM PS2 PC,MODEL 8555-061, N/A D Family Support S/N 78-DKLTF D.A.'s Office— 119524 1 IBM PS2 PC, MODEL 8580-161, N/A D Family Support S/N 23-WY181 D.A.'s Office— 120478 1 DTK 386 PC, S/N 079016504L N/A D Family Support D.A.'s Office— 120490 1 DTK 386 PC, S/NT 079016524L N/A D Family Support D.A.'s Office— 120501 1 DTK 386 PC, SIN 079016512L N/A D Family Support D.A.'s Office— 121676 1 DTK 386 PC, S/N C930006687 N/A D Family Support D.A.'s Office— 121679 1 DTK 386 PC, S/N C930006692 N/A D Family Support D.A.'s Office— 121693 1 DTK 386 PC, SIN 09300 06680 N/A D Family Support D.A.'s Office— 121694 1 DTK.386 PC, SIN 0930006686 N/A D Family Support D.A.'s Office— 121696 1 486 DX2/D PC, MODEL W50, N/A D Family Support S/N 23-FTDMK D.A.'s Office— N/A 1 SAMSUNG 5500 PC, MODEL 286, N/A D Family Support SIN 503637 D.A.'s Office— 121698 1 SATELLITE T1950CT/200 LAPTOP, N/A D Family Support MODEL PA11152UX, S/N 4433530 D.A.'s Office— 119406 1 IBM INFO WINDOW DUMB N/A D Family Support TERMINAL, MODEL 347X, S/N 23-OP049 D.A.'s Office— 119419 1 IBM INFO WINDOW DUMB N/A D Family Support TERMINAL, MODEL 3472-5, S/N 23-N9052 D.A.'s Office— 119431 1 IBM INFO WINDOW DUMB NIA D Family Support TERMINAL, MODEL 3472-5, SIN 23-L6648 M382 (10/88) Re.Nisposal of Surplus Property November 16, 1999 ,.Page - 3- Department County Qty Description Estimated Condition # Value 119445 1 IBM INFO WINDOW DUMB N/A D D.A.'s Office- TERMINAL,MODEL 3472-5, Family Support S/N 23-L6642 N/A 1 IBM PS/2 COLON.DISPLAY, N/A D D.A.'s Office-- MODEL 8513, S/N 23-GZFM4 Family Support N/A 1 IBM PS/2 COLOR DISPLAY, N/A D D.A.'s Office- MODEL 8513, S/N 23-LRL44 Family Support NIA 1 SAMTRON MONITOR, N/A D D.A.'s Office- MODEL SC-428VS, S/N 9250342995 Family Support N/A 1 SAMTRON MONTITOR, N/A D D.A.'s Office- MODEL SC-428VS, S/N 9250342106 Family Support N/A 1 SAMTRON MONITOR, N/A D D.A.'s Office- MODEL SC-428VS, S/N9250342563 Family Support N/A 1 SAMTRON MONITOR, N/A D D.A.'s Office- MODEL SC-428VS, S/N 9301359775 Family Support N/A 1 SAMTRON MONITOR, N/A D D.A.'s Office-- MODEL SC-428VS, S/N 9313403683 Family Support N/A 1 SAMTRON MONITOR, N/A D D.A.'s Office- MODEL SC-428VS, S/N 9315408305 Family Support N/A 160 PS/2 KEYBOARDS N/A D D.A.'s Office- Family Support N/A 45 HEWLETT-PACKARD MULTISIZE N/A D D.A.'s Office- PAPER TRAYS,MODEL C2085D Family Support Health Services- 1 TYPEWRITER IBM SELECTRIC , N/A C Public Health S/N 96494 Health Services- 1 TYPEWRITER IBM SELECTRIC, N/A C Public Health S/N 101775 M382 €10188! TO: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra Costa DATE: November 18, 1999 County SUBJECT: SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT FOR 1875 WILLOW PASS ROAD, CONCORD BLDG. NO. T00545 SPECIFIC REOU£STS OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION APPROVE a Subordination, Nondisturbance and Attornment Agreement dated as of October 29, 1999 with Bank of America, N.A. for the premises at 1875 WillowPass Read, Suites 100 and 2501, Concord, California and AUTHORIZE the Chair of the Beard of Supervisors to EXECUTE said Agreement on behalf of the County. II. FINANCIAL IMPACT No financial impact. III. REASONS FOR RECOMMENDATIONIBACKGROUND The Agreement protects the County's interest in the property at 1875 Willow Pass Road, Suites 100 and 250, Concord. ATTACHMENT: YES SIGNATURE: �� , RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER &Z�o #/"-� SIGNATURES: : ACTION OF BOARD ON APPROVED AS RECOMMENDED � VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-71010) 1 HEREBY CERTIFY THAT IS A CC: County Administrator(via UM) AND CORRECT COPY OF ANIACTIONR UE fTAKEN Lessor(via L/M) AND ENTERED ON THE MINUTES OF THE BOARD Risk Management(Via LIM) OF SUPERVISORS ON THE DATE SHOWN. Orig: General Services Department-L/M f ATTESTED !� �°"� �' �"`r""�eV' r PHIL BATCHELOR,CLERK OF T49E BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY .� DEPUTY Skeoner Develo ment C o r p o r a t i o n 7T77 -'- 7 October 28, 1999 —_.. _. _.� _. � n' M . Christie Beardsley Lease Management division General Services Department CONTRA COSTA COUNTY 1220 Morello Avenue, Suite 100 - Martinez, CA 94553-4711 Re: Subordination &Non-Disturbance Agreement Dear Christie: As you may be aware, the Landlord is pursuing a re-financing of the building. Per my message to you and paragraph C.16 of your lease, we will require the County to execute and notarize a copy of the attached agreement, l have included a duplicate copy for your reference, however, please have the original document executed on behalf of the Tenant and return the original to my attention. Thanks again for your cooperation and as always, please feel free to call if you have any questions or concerns. Very l Y rs Skep e v o meat Corporation -Property Manager 1 Brad D. Ske er President cc: Jeff Schwartz 2325 Clayton Road - Concord, CA 94520 Phone: (925) 969-1935 • Fax: (925) 959-1802 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) ) Bank of America, N.A. } CLEC ADMIN#71977 ) Mail Code:WAI-102-14-43 ) Columbia Seafirst Center®14th Floor } 701 Fifth Avenue } Seattle,Washington 98104-7016 ) Attention:Sonia Nelson ) Loan No: 3069671 ) Space above for Recorder's Use SUBORDINATION,NONDISTURBANCE AND ATTORNMENT AGREEMENT This Subordination, Nondisturbance and Attornment Agreement("Agreement")is entered into as of Octoberx ,1999 by Bank of America, N.A. ("Bank'), 1995 JEFFREY E. SCHWARTZ FAMILY LIMITED PARTNERSHIP,a California limited partnership CLandlord'),and CONTRA COSTA COUNTY,a political subdivision of the State of California("Tenant"). RECITALS A. Landlord and Tenant have entered into that certain Lease For Contra Costa County, 1875 Willow Pass Road, Concord,California,commenced as of March 1, 1998,and amended by that certain First Amendment to Lease,dated as of September 15, 1999(collectively,the"Lease"),covering certain premises("Demised Premises'),situated in Contra Costa County, California,being part of a building located at 1875 Willow Pass Road,Concord,California 93930("Property'). The Property is more particularly described in Exhibit A attached hereto and Incorporated herein. B. Bank is the beneficiary of a Deed of Trust with Assignment of Rents,Security Agreement and Fixture Filing ("Deed of Trust'),dated as of October 11, 1999,and to be recorded in the Official Records of Contra Costa County,which will encumber the Property and secure a note payable to Bank in the original principal amount of One Million One Hundred Twenty-five Thousand and No/100 Dollars($1,125,000.00). C. On the terms and conditions in this Agreement,the parties desire to subordinate Tenant's leasehold interest in the Demised Premises to the lien of the Deed of Trust and to assure Tenant possession of the Demised Premises for the entire term of the Lease,even though Bank may foreclose the lien of the Deed of Trust before expiration of the Lease. Therefore,in consideration of the mutual covenants and agreements contained in this Agreement,the parties agree as follows: Section 1. Subordination. The Lease shall be subject and subordinate to the lien of the Deed of Trust and to any renewals,modifications,consolidations,replacements and extensions of the Deed of Trust to the full extent of the principal sum secured by the Deed of Trust,including any interest. 61170874_1 _ 1 _ Section 2. Nondisturbance. So long as Tenant is not In default,beyond any period given to Tenant to cure a default,in the payment of rent or In the performance of any of the terms,covenants,or conditions of the Lease,Tenant's possession of the Demised Premises and Tenant's rights and privileges under the Luse,including any extensions or renewals,shall not be diminished or interfered with by Bank during the term of the Lease or any extensions or renewals. So long as Tenant is not In default,beyond any period given Tenant to cure such default,in the payment of rent or in the performance of any of the terms,covenants,or conditions of the Lease,Bank will not join Tenant as a party for the purpose of terminating or otherwise affecting Tenant's interest under the Lease,In any action of foreclosure or other proceeding brought by Bank to enforce any rights arising because of any default under the Deed of Trust. Bank may,however,join Tenant as a party if joinder is necessary under any statute or law to secure the remedies available to Bank under the Deed of Trust,but joinder shall be for that purpose only and not for the purpose of terminating the Lease or affecting Tenant's right to possession of the Demised Premises. Section 3. Attornment. If the Landlord's Interest Is transferred to and owned by flank or any successor of Bank("Acquiring Party') because of foreclosure,sale under a private power from a deed of trust,other proceedings brought by Bank,or by any other manner and Bank succeeds to Landlord's interest under the Lease,Tenant shall be bound to the Acquiring Party,and Acquiring Party shall be bound to Tenant under all of the terms, covenants and conditions of the Lease for the balance of the remaining term,including any extensions or renewals,with the same effect as If Acquiring Party were Landlord under the Lease. Tenant agrees to attorn to Acquiring Party as the Landlord,with the attornment being effective and self-operable Immediately upon Acquiring Party succeeding to the interest of Landlord under the Lease,all without the execution by the parties of any further instruments. However,Tenant shall not be obligated to pay rent to Acquiring Party until Tenant receives written notice from Acquiring Party,together with evidence satisfactory to Tenant, demonstrating that Acquiring Party has succeeded to Landlord's interest under the Lease and directing where rent should be mailed. The respective rights and obligations of Tenant and Acquiring Party upon attornment,to the extent of the then-remaining balance of the term of the Lease,shall be the same as in the Lease,which is incorporated by reference in this Agreement. If Acquiring Party succeeds to Landlord's interest In the Lease,Acquiring Party shall be bound to Tenant under all the terms,covenants and conditions of the Lease,and Tenant shall,after Acquiring Partys succession to Landlord's interest,have the same remedies against Acquiring Party for the breach of any agreement in the Lease that Tenant might have had against Landlord. Section 4. Definitions. The term"Bank"or any similar term shall include Bank,the trustee under any deed of trust affecting the Demised Premises,and any agents,heirs,successors or assigns,including any party that succeeds to Landlord's interest by foreclosure of the Deed of Trust,of the deed in lieu of foreclosure,or of a sale under a private power contained in the Deed of Trust or by any other proceeding. The term"Deed of Trust"or any similar term shall Include the Deed of Trust and any amendments or addenda. The term "Landlord"shall include Landlord and the successors,assigns,and sublessees of Landlord. The term "Tenant"shall include Tenant and the successors,assigns and sublessees of Tenant. This Agreement shall inure to the benefit of and be binding upon all successors,assigns and sublessees. The term"Lease" shall include the Lease and all amendments,addenda,extensions,and renewals. Section 5. No Change In Lease. Landlord and Tenant agree not to change,alter,amend or otherwise modify the Lease without the prior written consent of Bank. Any change,alteration,amendment,or other modification to the Lease without the prior written consent Bank shall be void as to Bank. 611708741 -2- Section 6. Notices. In this Agreement,wherever it is required or permitted that notice and demand be given by any party to another party,that notice or demand shall be given in writing and forwarded by certified mail, addressed as follows: For L=andlord: 1995 Jeffrey E. Schwartz Family Limited Partnership P.O.Box 502 Moraga,California 94556 For Tenant: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue,Suite 1010 Martinez,California 94553-4711 For Bank: Bank of America,N.A. Commercial Loan Servicing Unit—Dept. 1777 P.O. Box 3609 Los Angeles,California 90051-3609 Any party may change an address given for notice by giving written notice of that change by certified mail to all other parties. Section 7. Authority. If any party is a corporation or a partnership,all individuals executing this Agreement on behalf of a corporation or partnership represent and warrant that they are authorized to execute and deliver this Agreement on behalf of the corporation or partnership and that this Agreement is binding upon the corporation or partnership. Section 8. Miscellaneous. This Agreement may not be modified other than by an agreement in writing signed by the parties or by their respective successors in interest. If any party commences any action against any other party based on this Agreement,the prevailing party shall be entitled to recover reasonable attorney fees,expenses,and costs of suit. This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs,successors and assigns. The headings of this Agreement are for reference only and shall not limit or define any meaning of this Agreement. This Agreement may be executed in one or more counterparts, each of which is an original,but all of which shall constitute one and the same Instrument. This Agreement shall be construed In accordance with and governed by California law. The parties have duly executed this Agreement as of the date first above written. BANK: BANK OF AMERICA, N.A. By: Name: Title: 611708741 -3- ter LANDLORD: 1995 JEFFREY E.SCHWARTZ FAMILY LIMITED PARTNERSHIP,a California limited partnership By, � Adc 44 fr-/ ey E. artz,4Weral Partner 01 By: Edi ►H.Schwartz,General Partner TENANT: COUNTY OF CONTRA COSTA,a political subd' ' ' f the StateAf California By: Na e: Jo ph Canciamilla J e: C6air. Board RECOMMENDED FOR APPROVAL: By: Name: Title: APPROVED AS TO FORM: By: Name: Title: [A#si natures must LTe ecknowledgedf 611708741 -4- E= T "A" DBS,- RIPT 10N All that certain real property situated in the City of Concord, CmmtY of Contra Costa, State of California, described as follows: Beginni ACKNOWLrEDOMENT State of California ) } County of a. C;O } 4n - r 169 before me,a NotaryPublic in and for said State, personally appeared Lj f4 ,.5 '�nally known to me(or proved to me on the basis of sf evidence)to be the person(s)whose name(s)is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in histherltheir authorized capacity(tes),and that by hisfnerltheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. MIN 17111 IE �.�-1)'t CC hI. f20 Signature (Seal) uoraRr,�usus 581 Y Come UNy ,. �2 State of California } ) County of } On , 19,,,__,,,,before me,a Notary public in and for said State, personally appeared ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowledged tome that helshelthey executed the same in his/her/their authorized capacity(les),and that by hislherAheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature (Seal) 611708741 -6- Y State of California ) County of ) On before me,a Notary Public in and for said State, personally appeared ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity(tes),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature (Seal) 611708741 -7-