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HomeMy WebLinkAboutMINUTES - 01252000 - C57-C59 TO: BOARD OF SUPERVISORS ti FROM: Barton J. Gilbert, Director of General Services Cont Cost DATE: January 25, 2000 Coun SUBJECT: NEW REVENUE LEASE - 2020 NORTH BROADWAY, WALNUT CREEK BLDG. NO. 0 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION APPROVE a Revenue Lease, commencing January 20, 2000, with Court Appointed Special Advocate Program (CASA), for a portion of the premises at 2020 North Broadway, Walnut Creek, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Revenue Lease on behalf of the County. II. FINANCIAL IMPACT This Lease will provide revenue to the County of approximately the amount of the program's utility use. 111. REASONS FOR RECOMMENDATIONIBACKGROUND This lease will allow the Court Appointed Special Advocate Program to operate their program in 2020 North Broadway, Walnut Creek, while providing some revenue to the County. The County has no other need for the space at this time. 09114111WES SOIATTACHMENT: *-' YES SIGNATURE: X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 0 Z:APPROVE OTHER SIGNATURES: ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT YLU Yve— AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE General Services Accounting(via UM}) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED 9�THE MINUTES OF THE BOARD Lessee(via L/M) OF SUPERVISC ON THE DATE SHOWN. Orig: General Services Department-L/M ATTESTED -4F PHIL BATCHEUDR,CLERK`DF THE BOARD OF " SUPERVISORS AND COUNTY ADMINISTRATOR By DEPUTY GENERAL SERVICES DEPARTME � J r LEASE MANAGEMENT DIVISIO 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 Extension 3-7250 FAX 3-7299 DATE: January 11, 2000 TO: Phil Batchelor, County Administrator FROM: Barton J. Gilbert, Director of General Services &u SUBJECT: Agenda: Revenue Lease--2020 North Broadway, Walnut Creek Bldg. 140 (1 -25-00) A new revenue lease has been negotiated as follows: OCCUPANT: Court Appointed Special Advocate Program(CASA) RENT: $175.00 TERM: Month to Month COMMENCING: January 20, 2000 CANCELLATION: 30 days notice SQUARE FEET: Approx. 2,730 s.f. SPACE TYPE: Office COUNTY RESPONSIBILITY: Everything but interior ADDRESS: 2020 North Broadway, Walnut Creek BJG:CGB Ag Itm CASA 2020 N Broadway.doc cc: Millie Gilson,CASA General Services Department Kathy Brown Alan Pfeiffer 'Gerry Mann Risk Management LEASE TABLE OF CONTENTS COURT APPOINTED► SPECIAL ADVOCATE PROGRAM(CASA) 2020 North Broadway,Suite 204 Walnut Creek,California SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES............................................................................................................ I A.2. LEASE OF PREMISES..................................................................................... I A.3. TERM.......................................... ...................................................................... I A.A. RENT ................................................................................................................ I A.5. USE OF PREMISES.......................................................................................... I A.6. UTILITIES......................................................................................................... 1. A.7. MAINTENANCE AND REPAIRS ...................................................................2 A.8. NOTICES........................................................................... .............................2 A.9. EXHIBITS AND ATTACHMENTS................................................................. 3 A.10. WRITTEN AGREEMENT................................................................................ 3 A.11. TIME IS OF THE ESSENCE............................................................................ 3 A.12. SIGNATURE BLOCK ...................................................................................... 3 SECTION B: STANDARD PROVISIONS B.1. HOLD HARMLESS .........................................................................................4 8.2. ALTERATIONS, FIXTURES, AND SIGNS......... ....................................... 4 B.3 DESTRUCTION................................................................................................4 B.4. QUIET ENJOYMENT....................................................................................... 5 B.5. DEFAULTS ..................................................................:................................... 5 B.6. SURRENDER OF PREMISES. ........................................................................ 5 B.7. SUCCESSORS AND ASSIGNS ....................................................................... 5 B.8. SEVERABILITY............................................................................................... 5 B.9. WASTE NUISANCE, ................................................................................... 5 B.10. INSPECTION ....................................................................................................6 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE...................................................................... 7 C.2. POSSESSORY INTEREST............................................................................... 7 C.3. INSURANCE.....................................................................................................7 C.4. ABANDONMENT ...........................................................................................9 EXHIBITS EXHIBIT A. PREMISES LEASE FOR COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) 2020 NORTH BROADWAY, SUITE 204 WALNUT CREEK, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on January 25, 2000, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", and COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA), a non-profit corporation, hereinafter called "LESSEE", mutually agree and promise as follows: A.2. 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: a second floor office containing approximately 2,730 square feet located in the building commonly known as 2020 North Broadway, Suite 204, Walnut Creek, as shown on Exhibit A which is attached hereto and made a part hereof("Premises"), along with non- exclusive use of the unmarked spaces in the building parking lot. A.3. TERM: The term of this Lease shall be month to month, commencing January 20, 2000 and continuing until termination. A.4. RENT: Rent shall commence on February 1, 2000. LESSEE shall pay to COUNTY as rent for the use of the Premises a monthly rental of ONE HUNDRED SEVENTY FIVE AND NO/100 DOLLARS ($175.00), payable in advance on the first day of each month during the term of this Lease. Payments shall be mailed to Contra Costa County General Services Department, 122.0 Morello Avenue, Suite 200, Martinez, CA 94553. r A.S. USE OF PREMISES: The Premises shall be used during the term for purposes of operating the CASA Program and related activities only. A.6. UTILITIES: COUNTY shall provide and pay for all gas, electric, water, sewer, refuse collection and routine janitorial services to the demised Premises. - 1 - A.7. MAINTENANCE 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, including the exterior doors and their fixtures, closers and hinges, glass and glazing, and all locks and key systems used in the demised Premises. b. LESSEE shall keep and maintain the interior of the Premises in good order, condition, and repair, but COUNTY 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 repair and maintain the electrical, lighting, water, plumbing, heating and ventilating systems, parking lot and landscaping. d. COUNTY shall provide, install, and maintain, at the direction of the Fire Marshal, the necessary number of A-B-C fire extinguishers for the Premises. e. LESSEE shall not suffer any waste on or to the demised Premises. f. COUNTY shall be responsible for the correction of any code violations which may exist in the Premises, provided COUNTY shall not be liable for correction of code violations which arise out of and are directly related to a change in LE,SSEE's occupancy or use of the Premises. A.8. 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 COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 To LESSEE: Court Appointed Special Advocate Program 2020 North Broadway, Suite 204 Walnut Creek, CA 94596-3756 - 2 - A.9. EXHIBITS ANT) ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A - Premises are attached to this Lease and are made a part hereof. A.IU. WRITTEN AGREEMENT: Neither party has relied on any promise or representation 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 waiting 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. A.It. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.12. SIGNATURE BLOCK COUNTY LESSEE COUNTY OF CONTRA COSTA, a COURT APP INT SPECIAL Political subdivision of the State of ADV C +T PROD M California By By Director of General Services By RECOMMENDED FOR.APPROVAL: By . Dire for of Capital Facilities and Deb anem By - Deputy enera ire By Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel By - 3 - LEASE FOR COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) 2020 NORTH BROADWAY, SUITE 204 WALNUT CREEK., CALIFORNIA SECTION I3: STANDARD PROVISIONS B.I. 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, including reasonable attorneys fees, 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 leased Premises, save and except claims or litigation arising through the sole negligence or sole willful misconduct of COUNTY, its officers or employees, and if required, will defend any such actions at the sole cost and expense of LESSEE. II.2. ALTERATIONS, FIXTURES, AND SIGNS: With prior written approval of COUNTY's Lease Manager, LESSEE may make any lawful and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall remain LESSEE's property and may be removed therefrom by LESSEE prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at LESSEE's sole cost and expense, and all signs shall meet with existing code requirements. B.3. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease from any cause, COUNTY may, at its option, mane repairs within a reasonable time. LESSEE shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the remaining useable area of the Premises. In the - 4 - event COUNTY does not so elect to make such repairs, this Lease may be terminated at the option of either party. b. A total destruction of the Premises shall terminate this Lease. B.4. QUIET ENJOYMENT: COUNTY covenants that LESSEE shall at all times during the term peaceably and quietly have, hold, and enjoy the demised Premises without suit, trouble or hindrance from or on account of COUNTY as long as LESSEE fully performs hereunder. LESSEE shall not use or permit the use of said Premises in such a manner as to disturb the quiet enjoyment by any other tenant of the building. B.5. DEFAULTS: If LESSEE defaults in performing any of the promises or conditions herein, COUNTY may, at its option, immediately cancel this Lease, terminate all LESSEE's rights hereunder, and re-enter the Premises and exclude all other persons therefrom. No waiver of any default on any of the terms, covenants or conditions in this Lease shall be a waiver of any subsequent default of the same or any other terms, covenants or conditions. B.6. SURRENDER OF PREMISES: On the last day of the term, or sooner termination of this Lease, LESSEE will peaceably and quietly leave and surrender to COUNTY these Premises with their appurtenances and fixtures (except signs and fixtures referred to herein- above), furnishings and equipment in good order, condition, and repair, excepting for reasonable use 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. B.7. SUCCESSORS 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.$. SEVERABILITY: In the event that any provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision does not materially prejudice either the LESSEE or COUNTY in its respective rights and obligations contained in the valid provisions of this Lease. B.9. WASTE, NUISANCE: LESSEE shall not commit, or suffer to be committed, any waste upon the leased Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee or occupant of the building in which the leased Premises are located. B.10. INSPECTION: The COUNTY reserves the right to enter the Premises at any time 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 compliance with the terms and conditions of this Lease. - 6 - LEASE FOR + COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA) 2020 NORTH BROADWAY, SUITE 204 WALNUT CREED, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: LESSEE shall not assign this Lease or sublease the Premises or any part thereof at any time during the term of this Lease without prior written consent from COUNTY. C.2. POSSESSORY INTEREST: It is understood that LESSEE's interest herein may be subject to a possessory interest tax, and that such tax payment shall not reduce any rent due the COUNTY hereunder and such tax shall be a liability of and be paid by LESSEE. C.3. INSURANCE: LESSEE, at its sole cost and expense, shall maintain the following insurance coverage in full force and effect throughout the term of this Lease: I. Insurance Required: a. Liability Insurance: LESSEE. shall maintain Comprehensive General Liability or Commercial General Liability insurance covering bodily injury (including death), personal injury and property damage. i. Limits shall be in an amount of not less than one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) aggregate, if applicable. ii. Such insurance shall name Contra Costa County, its officers, agents and employees, individually and collectively, as additional insureds. iii. Such insurance for additional insureds shall apply as primary insurance, and any other insurance maintained by LESSEE, its officers, agents and employees, shall be excess only and not contributing with the insurance required under this paragraph. b. Worker's Compensation and Employer's Liability Insurance: LESSEE shall maintain insurance coverage for: - 7 - i. Statutory California Worker's Compensation coverage including a broad form all-states endorsement. ii. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this lease. C. Property Insurance: COUNTY shall maintain property coverage on real property. LESSEE shall provide fire insurance on its own contents, improvements and betterments and its personal property contained within or on the Premises under a standard "all-risk" policy, excluding earthquake and flood. The coverage shall be for not less than ninety (90) percent of the actual cash value of the personal property. LESSEE shall name COUNTY as an additional insured and loss payee as respects the improvements and betterments, and shall provide a Certificate of Insurance evidencing such coverage and providing not less than thirty (30) days notice of any cancellation or material change. 2. Evidence of coverage: Within 30 days of execution of this Lease, LESSEE shall provide on a form approved by COUNTY an original copy of a Certificate of Insurance certifying that coverage as required has been obtained and remains in force for the period required by the Lease. 3. Notice of Cancellation, or Reduction of Coverage: All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation or reduction in coverage to be sent to the address shown on the Certificate of Insurance. 4. Qualifying Insurers: All policies shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A:X1I according to the current Best's Key Rating Guide, unless otherwise approved by COUNTY. , 5. Waiver of Subrogation: Except as may be specifically provided for elsewhere in this lease, COUNTY and 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 - 8 - caused by acts of Cod, 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. CA. ABANDONMENT: LESSEE shall not vacate or abandon the Premises at any time during the term, and if LESSEE shall abandon, vacate or surrender said Premises, or be dispossessed by process of law,, or otherwise, any personal property belonging to LESSEE and left on the shall be deemed to be abandoned, at the option of COUNTY. - 9 - k tce.CL l �t LL Ilk cl I. � . •� iii i TO: BOARD OF SUPERVISORS is 4 FROM: Barton J. Gilbert, Director of General Services Cant DATE: January 25, 2000 Cost C01.1n SUBJECT: LEASE AMENDMENT FOR THE HEALTH SERVICES 1805 ARNOLD DRIVE, MARTINEZ SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L RECOMMEN12ABON APPROVE a Lease Amendment, commencing September 1, 1999, with Hamid Rezapour for the premises at 1805 Arnold Drive, Martinez, for continued occupancy by the Health Services Deparment, under the terms and conditions more particularly set forth in said Lease Amendment, and AUTHORIZE the Director of General Services to EXECUTE said Lease Amendment on behalf of the County. II. FINANCIAL IMPACT Payments required are to come from the budget of the Health Services Department. III. REASONS FOR RECOMMENDATION I BACKGROUND Provide for continued use of office space as requested by the Health Services Department. 09INIf"OUfteN ATTACHMENT: YES SIGNATURE: ��,,,,,, RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE _4 APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED VOTE OF SUPERVISORS UNANIMOUS(ABSENT / _ `— AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM) AND CORRECT jrOPY OF AN ACTION TAKEN AND ENTERED D14 THE MINUTES OF THE BOARD Lessor(via UM) OF SUPERVIS S ON THE DATE SHOWN. Health Services(via UM) County Counsel(via UM) ATTESTED Risk Management(via UM) PHIL SATCHEL LERK O HE BOARD OF Orig:General Services Department-L/M SUPERVISORS D COUNTY ADMINISTRATOR BY ,DEPUTY SBV F':\DATA\Worddocs\l 805ARNO\1805bdo l.doa GENERAL SERVICES DEPART T � y Lease Management Division 1220 Morello Avenue, Suite 10 Martinez, California Extension 3-7250 FAX 3-7108 DA'Z'E: January 11, 2000 TO: Phil Batchelor, County Administrator FROM: Barton J. Gilbert, Director of General Services SUBJECT: A-G A: Lease Amendment— 1805 Arnold Drive, Martinez (01-25-00) A neve lease amendment has been negotiated as follows: OCCUPANT: Health Services Department RENTAL: $6,216.00 per month, $1.20 per square foot TERM: 1 year COMMENCING: September 1, 1999 OPTION: Two—one year options to extend CANCELLATION: No SQUARE FEET: 5,149 SPACE TYPE: Office COUNTY RESPONSIBILITY: None RENEWAL: Yes PREVIOUS RENT: $5,920.00 ADDRESS: 1805 Arnold Drive,Martinez AGENDA ITEM: Approve and Authorize the Director of General Services to execute a Lease Amendment with Hamid Rezapour for the premises at 1805 Arnold Drive, Martinez, for continued use by the Health Services Department. BJG/SBV 1805agnldoc cc: Bob Proctor Kathy Brown Christie Beardsley TO: BOARD OF SUPERVISORS CONTRA �., FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR .....o� �. 'T OUNT'Y' DATE: January 25, 2000 SUBJECT: CONTRA COSTA REGIONAL MEDICAL CENTER— FIRE SPRINKLER HEADS REMOVAL AND REPLACEMENT (WH 50813) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): DETERMINE that there is a need to continue with the emergency action taken by the Board on October 19, 1999 pursuant to Public Contract Code Sections 20134 and 22050. F MANCTAL IMPACT: The estimate remains the same as previously reported between $100,000 and $125,000 for all work. BACKROUND AND REASONS FOR RECOMMENDATION(S):_ On October 19, 1999, the Board acknowledged a national recall of defective "Omega" brand fire sprinkler heads. This created an immediate need to remove and replace 1,750 defective fire sprinkler heads installed at the Contra Costa Regional Medical Center. Work has begun, as planned, on January 3, 2000. Work has been completed on the first and second floors. Completion of the work is anticipated by February 18, 2000. This represents a two week reduction in the previously reported schedule. CONTINUED ON ATTACHMENT: --YES SIGNATURE: ) RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON__-jgMgn 25, 2000 APPROVED AS RECOMMENDED.R_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A XX UNANIMOUS(ABSENT ` ' - } TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Jay 25,,_20007 PHIL BATCHELOR,CLERK OF THE BOAR OF UPERVISORS B11AL, DEPUTY Contact: Laura Lockwood, CAO, 5-1093 cc: Auditor/Controller GSD(Accounting)-Terry Mann O'Brien Kreitzberg (via CAO) Prank Puglisi, CCRMC