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HomeMy WebLinkAboutMINUTES - 11142000 - C186 BOARD OF SUPERVISORS ! FROM: Barton J. Gilbert, Director of General Services Contra DATE: November 4, 2000 Costa County SUBJECT: LEASE FOR THE BUILDING INSPECTION DEPARTMENT 3685 MT. DIABLO BOULEVARD, LAFAYETTE, CA (CP#00-92),(WLP438) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION APPROVE a Lease, commencing January 1, 2001, with Metcalf Family Living Trust for the premises at 3685 Mt. Diablo Boulevard, Lafayette, Cafor occupancy by the Building Inspection, 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. DETERMINE that the above project is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301 (a) of the CEQA guidelines. DIRECT the Community Development Department to FILE a Notice of Exemption with the County Clerk. DIRECT the Director of General Services to arrange for the payment of the handling fees to the County Clerk and the Community Development Department for filing the Notice of Exemption. 11. FINANCIAL IMPACT Payments required are to come from the budget of the Building Inspection Department. Ill. REASONS FOR RECOMMENDATION / BACKGROUND This Lease will provide for office space use, as requested by the Building Inspection Department. The leasing of this space was requested by the cities of Lafayette, Moraga, and Orinda in support of the building inspections in each city. n ATTACHMENT:_ +' YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 1-4PPPROVE OTHER SIGNATURE(S): ACTION OF BOARD N l� APPROVED AS RECOMMENDED VOTE OF SUPERVISORS �y UNANIMOUS(ABSENT .r YL. 7 C_ 1 AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Administrator(via UM) 1 HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM) AND CORRECT COPY OF AN ACTION TAKEN Lessor{via UNI) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN, Health Services(via UM) �y t� c't7 i:J.tY- Z.�. e County Counsel{via a L/ ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF Risk Management{via UM) Ong:General Services Department-L/Iu1 S6PERVISOR6 AND COUNTY ADMINISTRATOR BY - '.+ DEPUTY dls GAL.easeMgt\Dave\Building lnspector\3685 Mt.Diablo B1vd1B©ARDSLIPES.doc /` GENERAL SERVICES DEPARTMENT LEASE MANAGEMENT DIVISION 1220 Morello Avenue, Suite 100 Martinez, California 945534711 Extension 37250 FAX 3-7299 DATE: October 23, 2000 TO: Phil Batchelor, County Administra or FROM: "arton J. Gilbert, Director of General Services SUBJECT: Agenda: Lease Authorization 3685 Mt. Diablo Blvd., Lafayette("4jLP438), Building Inspection Department(CP #00-92) A new Lease has been negotiated as follows: LESSOR.: Metcalf Family Living Trust OCCUPANT: Building Inspection Department RENT: First year, $2,787.50 per month; Second year$2,899.00 per month; and Third year$3,010.50 per month. TERM: three (3) years COMMENCING: January 1, 2001 RENEWAL: Two (2) years SQUARE FEET: 1,115 SPACE TYPE: Office Space COUNTY RESPONSIBILITY: Interior maintenance ADDRESS: Suite 120, 3685 Mt. Diablo Boulevard, Lafayette NOTICE: Government Code Section 25351 Notice given to City of Lafayette on October 6, 2000 and waived by City on October 13, 2000. CEQA CP#00-92: BJG:DLS Agenda Itrn(new).doc cc: Kathy Brown Carol Chan Terry Mann Risk Management LEASE TABLE OF-CONTENTS 3685 MT. DIABLO BOULEVARD LAFAYETTE, CALIFORNIA CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES .........................................................................HH............................1 A.2. LEASE OF PREMISES..................................................................................1 A.3. DEFINITIONS................................................................................................1 A.4. TERM...............................................................................................................2 A.S. RENT................................................................................................................2 A.6. OPERATING EXPENSE REIMBURSEMENT..........................................3 A.7. UTILITIES AND JANITORIAL ................................................................10 A.B. EXTENSION..................................................................................................10 A.9 USE OF PREMISES.....................................................................................11 A.10. MAINTENANCE AND REPAIRS..............................................................11 A.11. NOTICES.......................................................................................................12 A.12. EXHIBITS AND ATTACHMENTS........................................................... 12 A.13. WRITTEN AGREEMENT..........................................................................12 A.14. TIME IS OF THE ESSENCE......................................................................13 A.15. SIGNATURE BLOCK.................................................................................13 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER.........................................................................................14 B.2. HOLD HARMLESS .....................................................................................14 B.3. ALTERATIONS, FIXTURES, AND SIGNS..............................................14 B.4. DESTRUCTION...........................................................................................15 B.S. QUIET ENJOYMENT.................................................................................15 B.6. DEFAULTS...................................................................................................15 B.7. SURRENDER OF PREMISES....................................................................17 8.8. SUCCESSORS AND ASSIGNS...................................................................17 B.9. SE ♦/� ABILITY ..........................................................................................17 B.10. WASTE, NUISANCE ....................................................................................17 B-11. INSPECTION................................................................................................18 B.12. AMERICANS WITH DISABILTIES ACT................................................18 B.13. ENVIRONMENTAL REPRESENTATIONS............................................18 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE-—,....I......................................................20 C.2. SERVICE BY LESSOR................................................................................20 C.3. ACCOMPLISHMENT OF IMPROVEMENTS........................................20 CA. COMPLETION AND OCCUPANCY........................................................22 C.S. PRIOR POSSESSION..................................................................................23 EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: JANITORIAL, SPECIFICATIONS G,\LeaseMgt\Dave\l3uiiding lnspector\3685 Mt.Diablo Blvd\Final Lease#t.doc Draft Version 11/13/00 1.06 PM LEASE FOR CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT 3685 MT. DIABLO BOULEVARD LAFAYETTE, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. PAII;TM: Effective on 1jeAZcl, Zod , METCALF FAMILY LIVING TRUST, 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. A.2, j, 0fJMEM > : LESSOR, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from LESSOR. those certain premises dowribed aN fellows: 3695 Mt, 1's oblo Boulevard, Suite 120, Lortiyelle, CA locilled oil llle ground floor of Building A ("linildilig") find Alcon coil M;xhibif. tttfnched hereto and made a part hereof. A.3. DEE NMON : 1. Building: The Building ("Building") shall be defined as being located at 3685 Mt. Diablo Boulevard in the City of Lafayette, County of Contra Costa, State of California. 2. Project: The Project("Project") shall be defined as the Premises, the Building, the Common Area and the land upon which the same are located, along with all other buildings and improvements thereon or thereunder. 3. Common Area: The Common Area ("Common Area") shall be defined as all areas and facilities outside the Premises and within the exterior 1 GALeaseMgt\Dave\Building lnspector13685 Mt.Diablo B1vd\Final Lease#l.doc Draft Version t 1113/00 1:06 PM boundary line of the Project that are provided and designated by the LESSOR from time to time for the general non-exclusive use of LESSOR, COUNTY, and of other lessees of the Project and their respective employees, suppliers, shippers, customers and invitees; including but not limited to, common entrances, lobbies, corridors, stairway and stairwells, public restrooms, elevators , parking areas to the extent not otherwise prohibited by this Lease, loading and unloading areas, trash areas, roadways, sidewalks, walkways,parkways, ramps, driveways, landscaped areas and decorative walls. A.4. TERM: The term of this Lease shall be three (3) years, commencing on January 19 2001 and ending December 31, 2003, subject to the following conditions. The COUNTY will accept the Premises when: (a) an appropriate certficate of occupancy is issued which permits lawful occupancy; (b) construction and installation of COUNTY's leasehold improvements and furniture are sufficiently complete so that COUNTY may occupy the Premises for general office use; (c) COUNTY has unobstructed access from the street to the Premises. A.5. RFM: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental of TWO THOUSAND SEVEN HUNDRED EIGHTY SEVEN AND 501100 DOLLARS ($2,787.50), payable in advance on the first day of each month during the first year and commencing on the anniversary date of the second year the monthly rental will be TWO THOUSAND EIGHT HUNDRED NINETY NINE AND NO/100 DOLLARS ($2,899.00), and commencing on the anniversary date of the third year the monthly rental will be THREE THOUSAND TEN AND 50/100 DOLLARS ($3,010.50).. Payments shall be mailed to: METCALF FAMILY LIVING TRUST 2920 ROHRER DRIVE LAFAYETTE, CA 94549 2 GALeaseMgt\Dave\Building lnspector\3685 Mt.Diablo BlvdTinal Lease#I.doc Draft version I I/13/00 1:05 PM ATTENTION: DAVID METCALF or to any other location as designated by LESSOR. A.C. OPERATIN EXIENSE R EIMRSEMEN1. (a) COUNTY'S Obligation to Reimburse Common Operating Expenses; As Additional Rent, COUNTY shall pay COUNTY'S Share (which shall be defined as 2.78%, which percentage has been determined by dividing the approximate rentable square footage of the Premises by the total approximate square footage of the rentable space in the Project) of the amount(if any)by which Common Operating Expenses paid or incurred by LESSOR in any calendar year during the Lease Term exceeds the Common Operating Expense Base Amount (Base Year 2001) (which excess is referred to herein as the "Excess Expense") for any annual period or portion hereof. I. Payment shall be made by whichever of the following methods is from time to time designated by LESSOR, and LESSOR may change the method of payment at any time. After each calendar year during the Lease Term, LESSOR may invoice COUNTY for COUNTY'S Share of the Excess Expenses for such calendar year, and COUNTY shall pay such amounts so invoiced within thirty (30) days after receipt of such notice. Alternatively, (i) LESSOR shall deliver to . COUNTY LESSOR'S reasonable estimate of the Excess Expenses it anticipates will be paid or incurred for the calendar year in question; (ii) during such calendar year, COUNTY shall pay such COUNTY'S Share of the estimated Excess Expenses in advance in equal monthly installments due with each installment of Base Monthly Rent; and (iii) 3 GALeaseMgt\Dave\Building Inspector\3885 Mt.Diablo Blvdilainal tease#I Am Draft Version 11113/00 1:08 PM within ninety (90) days after the end of such calendar year, LESSOR shall furnish to COUNTY a statement in reasonable detail of the actual Excess Expenses paid or incurred by LESSOR in accordance with this paragraph during the just ending calendar year, and thereupon there shall be an adjustment between LESSOR and COUNTY, with payment to or repayment by LESSOR, as the case may require, within thirty (30) days after delivery by LESSOR.to COUNTY of such statement, to the end that LESSOR shall receive the entire amount of COUNTY'S Share of all the Excess Expenses for such calendar year and no more. 2. COUNTY shall have the right, exercisable upon reasonable prior notice to LESSOR in writing, to inspect LESSOR'S books and records relating to Common. Operating Expenses at LESSOR'S office within 90 days of receipt of any annual statement for the same, for the purpose of verifying the charges contained in such statement. COUNTY may not withhold payment pending completion of such inspection in connection with the operation, ownership, management, repair, maintenance, replacement and security of the property upon which the Premises are located, the improvements thereon and the Common Areas, including without limitation, all costs and expenses paid or incurred by LESSOR. (b) Common Operating Expenses Defined: The term "Common Operating Expenses" shall mean the following: 1. All costs and expenses paid or incurred by LESSOR in connection with the operation, ownership, management, 4 GALeaseMgt\Dave\Building inspector\3685 Mt.Diablo Blvd\Final Cease#1 doe Draft Version 11/13/00 1:66 PM repair, maintenance, replacement and security of the property upon which the Premises are located, the improvements thereon and the Common Areas, including without limitation, all costs and expenses paid or incurred by LESSOR in doing the following(including payments to independent contractors providing services related to the performance of the following): (i) maintaining, cleaning, repairing and resurfacing the roof(including repair of leaks) and the exterior surfaces (including painting) of all Buildings located on the Project; (ii) maintenance of the liability, fire and property damage insurance (including, without limitation, earthquake insurance, if applicable), covering the Project carried by LESSOR, (including the prepayment of prernitinis for coverage of up to one year); (iii) maintaining, repairing, operating and replacing when necessary HVAC equipment, utility facilities and other Building service equipment; (iv) providing utilities to the Common Area(including lighting, trash removal and water for landscaping irrigation); (v) complying with all applicable Laws and Private Restrictions; (vi) operating, maintaining, repairing, cleaning, painting, restriping and resurfacing the Common Area; (vii) replacement or installation of lighting fixtures, directional or other signs and signals, irrigation systems, trees, shrubs, ground cover and other plant materials, and all landscaping in the Common Area; and (viii) providing security; and(ix) staffing and administering (including supplies, telephones, equipment rental,payroll burden, professional fees, taxes and 5 GALcaseMgt\Dave\BuiIding Inspector\3685 Mt.Diablo BlvdTinal Lease#1 doc Draft Version 11/13/00 1:06 PM licenses and tenant and broker relations) an on-site project office. 2. The following costs; (i) Real Property Taxes as defined in A. 5.( c); (ii) the amount of any "deductible" paid by LESSOR with respect to damage caused by any Insured Peril; (iii) the cost to repair damage caused by an Uninsured Peril up to a maximum amount in any 12 month period equal to 2% of the replacement coast of the .Buildings or other improvements damaged; and(iv) that portion of all compensation (including benefits and premiums for workers' compensation and other insurance)paid to or on behalf of employees of LESSON.but only to the extent they are involved in the performance of the work described by A. 5. (b) (1) that is fairly allocable to the Project; 3. Fees for management services gendered by either LESSOR or a third party manager engaged by LESSOR(which may be a party affiliated with LESSOR). 4. All additional costs and expenses incurred by LESSOR with respect to the operation, protection, maintenance, repair and replacement of the Project which would be considered a current expense (and not a capital expenditure) pursuant to generally accepted accounting principles; provided, however, that Common Operating Expenses shall not include any of the following: (i) payments on any loans or ground leases affecting the Project, (ii) depreciation of any Buildings or any major systems of Building service equipment within the Project; (iii) leasing commissions; (iv) the cost of tenant 6 GALeaseMgt\Dave\Building Inspector\3685 Mt.Diablo Blvffinsl Lease#IAoc Draft Version I I/13/00 1:06 PM improvements installed for the exclusive use of other tenants of the Project, and (v) any cost incurred in complying with Hazardous Materials Laws. ( c) Real Property Taxes Defined: The term "Real Property Taxes" shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi- governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project(as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed` or LESSOR'S interest therein, the fixtures, equipment and other property of LESSOR, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or. LESSOR'S business of leasing the project. if at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or LESSOR'S interest therein, or(ii) on or 7 GALeaseMgt\DaveiBuilding Inspectorl3685 Mt.Diablo BIATinal Lease#l.doc Draft Version t I/13100 1:06 PM measured by the gross receipts, income or rentals from the Project, on LESSOR'S business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term "Real Property Taxes". Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, transfer, gift or franchise taxes of LESSOR or the federal or state net income tax imposed on LESSOR'S income from all sources. COUNTY acknowledges that the "assessments" referred to in this section A. 5. (c) may include assessment districts or other funding mechanisms, including but not limited to, improvement districts, maintenance districts, special services zones or districts, or any combination thereof(collectively hereafter called "Assessment Districts") for the construction, alteration, expansion, improvement, completion, repair, operation, or maintenance, as the case may be, of on-site or offsite improvements, or services, or any combination thereof as required by the City of Lafayette (the "City"), as a condition of approving or modifying the development of which the Premises are a part. These Assessment Districts may provide, among other things, the following improvements or services. streets, curbs, interchanges, highways, traffic noise studies and mitigation measures, traffic control systems and expansion of city facilities to operate same, landscaping and lighting maintenance services, maintenance of flood control facilities, water storage and distribution facilities, fire apparatus, manpower, and other fire safety facilities, and sports facilities. COUNTY 8 GALeaseMgt\bave\Building Inspector\3685 Mt.Diablo Blvd\Final Lease#I.doc Draft Version 1 1/13100 1:06 PM hereby consents to the formation of any and all existing and future Assessment Districts and waives any and all rights of notice and any and all rights of protest in connection with formation of any Assessment Districts and agrees to execute all documents, including, but not limited to, formal waivers of notice and protest, evidencing such consent and waiver upon request of LESSOR or the City. (d) Amortization of Certain Capital improvements: COUNTY shall pay Additional Rent in the event LESSOR reasonably elects or is required to make any of the following kinds of capital improvements to the Project and the cost thereof is not reimbursable as a Common Operating Expense: (i) capital improvements required to be constructed in order to comply with any Lavin (excluding any Hazardous Materials Law) not in effect or applicable to the Project as of the Effective Date, and specifically including the Americans with Disabilities Act(as it applies to Common Areas); (ii) modification of existing or construction of additional capital improvements or Building service equipment for the purpose of reducing the consumption of utility services or Common Operating Expenses of the Project; (iii)replacement of capital improvements or Building service equipment existing as of the Effective Date when required because of normal wear and tear; and(iv) restoration of any part of the Project that has been damaged by any peril to the extent the cost thereof is not covered by insurance proceeds actually recovered by LESSOR up to a maximum amount per occurrence of 10% of the then replacement cost of the Project. The amount of Additional Rent COUNTY is to pay with respect to each such capital improvement shall be determined as follows: 9 G.1LeaseMgt\DaveV3uilding Inspector13685 Mt.Diablo Bivd\Final Lease#1 Am Draft Version 1 I/13100 1:06 PM 1. All costs paid by LESSOR to construct such improvements (including financing costs) shall be amortized over the useful life of such improvement(as reasonably determined by LESSOR in accordance with generally accepted accounting principles) with interest on the unamortized balance at the then prevailing market rate LESSOR would pay if it borrowed funds to construct such improvements from an institutional lender(but in no event to exceed the maximum legal rate), and LESSOR shall inform COUNTY of the monthly amortization payment required to so amortize such costs, and shall also provide COUNTY with the information upon which such determination is made. 2. As Additional Rent, COUNTY shall pay at the same time the base monthly rent is due an amount equal to COUNTY'S Share of that portion of such monthly amortization payment fairly allocable to the Building (as reasonably determined by LESSOR) for each month after such improvements are completed until the first to occur of(i) the expiration of the Lease Term(as it may be extended), or(ii) the end of the term over which such casts were amortized. A.7. UTILITIES AND JAi_ ITLORI.Ai,; LESSOR shall pay for all gas, electric, water, sewer, refuse collection and janitorial services provided to the premises. AX TAT F_.NSION. This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions for two (2) years, except the rental shall be at fair market rent and the base year costs of operation and maintenance shall be updated to reflect the new calendar year (2004) in which the extension term commences. The determination of a fair market rent shall include all significant economic terms, including rental rates, 10 GALeaseMgt\Dave\Building lnspectori3685 Mt.Diablo Blvd\F"inal Lease#l.doc Draft Version 1 1113106 1:06 PM escalation, and all other concessions being provided to tenants in Buildings of comparable quality, age, and condition and with similar amenities, within a three (3) mile radius. 11 18 t1nr101*00d 1111d OgIVO(I ('0UNIN sholl give LESSOR 0110 11WILIUM eighty (180) days prior written notice orits intention to exercise any option to extend this Lease. A.9. USE QE PRE M M: The Premises shall be used during the term or extension thereof for purposes of selling Building permits and conducting various functions of the Building Inspection Department. A.10. MAINTENANCE AND REPAIRS: a. LESSOR 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 Premises. b. COUNTY shall keep and maintain the interior of the Premises 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. LESSOR shall repair and maintain the electrical, lighting, water, and plumbing systems in good order, condition, and repair. d. LESSOR shall maintain and repair the heating, ventilating, and air- conditioning systems. e. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and exterior lighting system in good order, condition, and repair. f. LESSOR shall provide and install, at the direction of the Fire Marshal, the necessary number of A-B-C fire extinguishers for the Premises at no cost to COUNTY. g. COUNTY shall not suffer any waste on or to the Premises. 11 G:\LeaseMgt\Dave\Building Inspector\3665 Mt.Diablo Bivd\Final Lease Nl Aoc Draft Version 11/13/00 1:06 PM h. LESSOR shall be responsible for the correction of any code violations which may exist in the Premises, provided LESSOR shall not be liable for correction of code violations which arise out of and are directly related to a change in COUNTY's occupancy or use of the Premises. A.11. 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 LESSOR: Metcalf Family Living Trust 1234 Mt. Diablo Blvd. Lafayette, CA 94999 Attention: David Metcalf To COUNT': Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.12. EXHIBIT, AND A` IACHMENT ; Section B, Standard Provisions, Section C, Special Provisions, Exhibit A -- Premises, and Exhibit B - Janitorial Services Specifications are attached to this Lease and are made a part hereof. A.13. WRITTEN ACREEIVIEN : 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 writing signed by both parties. The headings of the paragraphs and pages are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. 12 G:\LeaseMgt\Dave\Building Inspector\3685 Mt.Diablo Blvd\Final Leask#I.doc Draft Version 11/13/00 1:06 PM A.14. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.15. SIGNATURE BLOCK COUNTY �l3 COUNTY OF CONTRA COSTA, a METCALF FAMILY LIVING TRUST Political subdivision of the State of California By !� b&AW avid Metcalf Director of General Services RECOMMENDED FOR APPROVAL: By Director of Capital Facilities and Debt Management By BOLDIN 3 INSPECTION DEPARTMENT I jy- Deimty Cionerol rviaes Director By G'#' Acting Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel B Deputy 13 t,,:\LeaseMgt\Dave\13uilding inspector\3685 Mt.Diablo Blvffinai Lease#l.doe Draft Version 11/13/00 1:06 PM LEASE FOR CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT 3685 MT. DIABLO BOtJI,EVARD LAFAYE`I"i'E, CALIFORNIA SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER: Any holding over after the term or extension of this Lease 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. B.2. HOLD HAI2Mi.FSS; COUNTY agrees to defend, indemnify, and hold harmless the LESSOR from the COUNTY's share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person arising out of negligent or intentional acts, errors or omissions of the COUNTY, its officers, agents or employees. COUNTY shall not be liable in the case of any structural, mechanical or other failure of equipment of Building owned and maintained by the LESSOR or for other liability which is attributable, in whole or in part, to the negligence, willful misconduct, or other intentional act, error or omission of LESSOR, which results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the LESSOR's share of any and all claims, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent or intentional acts, errors or omissions of the LESSOR, its officers, agents or employees. B.3. AI.TERATI_ONS, F_ IXIVRES, AND SIGNS: COUNTY may make any lawful and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at 14 G:\LeaseMgt\Dave\Building Inspector\3685 Mt.Diablo Blvd\Final Lease#I.doc Draft Version 11/13/00 1.06 PM COUNTY's sole cost and expense, and all signs shall meet with existing code requirements and LESSOR's approval. BA. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease or extension thereof from any cause, and repairs can be made within sixty (60) days from the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR shall repair the damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that COUNTY 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 Premises etre unusable by COUNTY. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at its option, make the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. In the event LESSOR does not so elect to make such repairs (which cannot be made in sixty (60) days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C, A total destruction of the Premises or the Building in which the Premises are located shall terminate this Lease. B.S. QXJ1E1 FNJUY11fiEN`I'. LESSOR covenants that COUNTY shall at all times during the term or extension thereof peaceably and quietly have, hold, and enjoy the Premises without sult, trouble or hindrance ftortt or on account of LESSOR as long as COUNTY fully perlvrins hereunder. 11.6• 1) r &L11..n: 'I'llc cx;currcnce orally orthe Following x111111 collsiitlltc till Neill of Default under this Agreement: a. Event of Default by COUNTY. 15 GALeaseMgt\Dsve\l3uilding lnspector13685 Mt.Diablo Hlvd\Final Lease#Ldoc Draft Version 1l/13/00 1:06 PM 1. COUNTY's failure to pay any Rental within ten (10) business days after written notice of failure from LESSOR to COUNTY. 1f, however, payment is not made within ten (10) business days of said written notice due to circumstances beyond the reasonable control of COUNTY, which circumstances may, without limitation hereby, include ftailure of COUNTY to adopt a budget, then COUNTY shall make such payment within such additional time, but not to exceed a total of seventy five (75) days from LESSOR's notice to COUNTY. 2. COUNTY's failure to comply with any other material term or provision of this Lease if such failure continues thirty (30) days after written notice of failure from LESSOR to COUNTY specifying in reasonably sufficient detail the nature of said breach. If the required cure of the noticed default cannot be completed within thirty (30) days, COUNTY's failure to perform shall constitute a default under the Lease unless COUNTY has attempted to cure the default within said thirty (30) day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. On the occurrence of, [Ill 11"vent. of Dolhult by COLMIN, LHNSM niay re-enter I111tl repossess the Premises nild rel-nave, nil persons rind prope,rry therefrom ntirr giving ( 't)1 lNTY wrillon nolivo ol'Huch (101iurll rind ill ttcuordrrrive Willi (1110 ptwmm of'111W, 1). Hvelit of' Def lust ()y i'i_?;I'SUR. 1. LESSOR's failure to perform any of its obligations under this Lease shall constitute a default by LESSOR if the failure continues for thirty (30) days after written notice of the failure from COUNTY to LESSOR. If the required cure of the noticed default cannot be completed within thirty (30) days, LESSOR's failure to perform shall constitute a default under the Lease unless LESSOR has attempted to cure the default within said thirty (30) day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. Notwithstanding the 16 GAl.easeMgt\Dave\Building Inspector13685 Mt.Diablo Bivd\Final Lease#Ldoc Draft Version 11/13/00 1:46 PM foregoing, in the event of a situation creating a perilous condition on the Premises which substantially and significantly threatens the health and safety of COUNTY and/or its invitees, LESSOR shall use reasonable efforts to immediately address the situation and shall use diligent efforts to correct the perilous condition. On the occurrence of an Event of Default by LESSOR, COUNTY may terminate this Lease and quit the Premises without further cost or obligation or may proceed to repair or correct the failure and either deduct the cost thereof from rental payments due to LESSOR, or at COUNTY's option, invoice LESSOR for the cost sof repair, which invoice LESSOR shall pay promptly upon receipt. 8.7. SURRENDER OF PREMISES: On the last day of the 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 hereinabove) 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 Clod, or by circumstances over which COUNTY has no control. COUNTY shall not be liable for painting the interior of the demised Premises upon termination of this Lease. B.8. SUC SSORS AND ASSIGNS: The terms and previsions 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. $,9, 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 COUNTY or LESSOR in its respective rights and obligations contained in the valid provisions of this Lease. 8.10. WAS E. NXI SANG_ : COUNTY shall not commit, or suffer to be committed, any waste upon the leased Premises, or any nuisance or other act or thing which may 17 G:\LeaseMgt\DavelBuilding Inspector136$5 Mt.Diablo B1vd\Final Least#l.doe Draft Version 11/13/00 1:06 PM disturb the quiet enjoyment of any ether Lessee or occupant of the complex in which the leased Premises are located. COUNTY shall conform its use and occupancy of the Premises to the standards r and modes of use applicable to a first-class office building. 8.11. INSPECTIO : The LESSOR reserves the right to enter the Premises by prior appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, 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. 8.12. AMEMCANS A11 �I ABILITIES ACT. LESSOR. covenants and agrees that it shall be obligated at its sole cost and expense to comply with the provisions of ADA with respect to the Building including, without limitation, the common areas of the Building, all washrooms, elevators and drinking fountains, except for the interior portion of the Premises which COUNTY has agreed to be responsible. LESSOR shall indemnify COUNTY against any and all damages, claims, judgments, fines, penalties, costs and liabilities, including reasonable attorneys` fees, resulting fromany claims brought by any third parties that the Building is not in compliance with ADA, excluding therefrom any claims brought as the result of COUNTY'S failure to comply with its obligations under AICA as provided in this Lease. 8.13. ENVIRONMENTAL PRE' N AIMS: LESSOR represents and warrants that as of the Commencement date of the Lease, the Building does not contain any asbestos, polychlorinated biphenyls ("PCB's") or urea formaldehyde. The LESSOR has complied and is in compliance with the provisions of all Environmental Legal Requirements, as defined below, applicable to the Building, the land, and the Premises. The LESSOR, to the best of its knowledge, is not a responsible party with respect to the Building under CERCLA, as defined below, or any statutes providing for financial 18 �111 nrt,arMgl�Ustva\1pt11a1b��tuupaitu�i"1r+R4 pd t,1 tlpinha Itty:111I�ra1 1 CstKn X11 rluc Ihn11 Velwl+ut Ill J/110 J;00 I'M responsibility for cleanup or ether actions with respect to the release or threatened release of hazardous substances. LESSOR on behalf of itself and its successors and assigns covenants that LESSOR, its successors and assigns shall use and operate the Building at all times during the "Perm hereof, under and in compliance with the laws of the State of California and in compliance with all applicable Environmental Legal Requirements. "Environmental Legal Requirements" shall mean all applicable laws relating to public health, safety or the environment, including, without limitation, relating to releases, discharges or emissions to air, water, land or groundwater, to the withdrawal or use of groundwater, to the use and handling of polychlorinated.biphenyls ("PCB's") or asbestos, or asbestos containg products, to the disposal, treatment, storage or management of solid or other hazardous wastes or to exposure to toxic or hazardous materials, to the handling, transportation, discharege or release of gaseous or liquid substance and any regulation, or final order or directive issued pursuant to such statue or ordinance, in each case applicable to the ,Land or to the Building or both or to ilio Building's operation, construction or modification, including without limitation the following: the Clean Air Act, the Federal Water Pollution Control Act ("FWPCA"), the Safe Drinking Water Act, the Toxic Substances Control Act, the Comprehensive Environmental Response Compensation and Liability .Act as amended by the Superfund Amendments and Re- authorization Act of 1986 ("CERCLA"), the Resource Conservation and Recovery Act as amended by the Solid and Hazardous Waste .Amendments of 1984 ("RCRA"), the Occupational Safety and Health Act, the Emergency Planning and Community Right-to- Know Act of 1986, The Solid Waste Disposal Act, and any state statutes addressing similar matters, and any state statue providing for financial responsibility for cleanup or other actions with respect to the release or threatened release of hazardous substances and any state nuisance statue. 19 t3:\LcaseMgt\Dave\Building lnspector\3695 Mt.Diablo Blvffinal Least#l,doc Draft Version 11/19!00 1:06 PM LEASE FOR CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT 3685 MT. DIABLO BOULEVARD LAFAYETTE, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT-OR SUBLEASE: COUNTY shall 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. C.2. SER 1D+. Y I,1+S O : It is understood and agreed LESSOR shall provide janitorial services as shown on Exhibit "B" attached hereto and made a part liereol" and certain construction, remodeling or like services as requested by COUNTY from time to time during the term of this Lease or extension thereof. COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the costs of the service, plus a five percent(5%) administrative fee. LESSOR shall consult with COUNTY and select either licensed, insured contractors or employees of LESSOR to provide the service. LESSOR shall obtain COUNTY's prior approval on the scope, term, and cost of the contracts. COUNTY shall have the right to change the level of service from time to time by giving LESSOR thirty (30) days' prior written notice, including the right to terminate any or all service, or to require different contractors to provide the service. C.3. ACC PLISHMENI (�F'LEASEHOLD D IMPRUYFMENTS, a. LESSOR shall construct leasehold improvements per preliminary plans and labeled Exhibits "A", which are attached and made a part hereof Final 20 GALeaseMgt\Dave\Building Inspector\3685 Mt.Diablo Blvd\Final Lease#f.doe Draft Version 11/13/00 1:06 PM plans and specifications and two (2) copies of specifications of materials and equipment to be installed will be prepared by LESSOR. and submitted to COUNTY and shall be approved by COUNTY before any construction work is commenced. After approval by COUNTY, LESSOR shall not make or cause to be made any changes in the plans or specifications without the prior written consent of COUNTY. LESSOR shall make changes, additions or deletions upon written Clrlinge Order from COUN"l„y, and strc,li items shall be ellargecl at a rate not to exceed direct cost. COUNTY shall receive frill credit for any deletions. COUNTY hereby reserves the right to inspect during construction of improvements as specified herein, but will not interfere with LESSOR's work and will notify LESSOR of any requests, recommendations or discrepancies. b. LESSOR shall commence construction within thirty (30) days of the effective date of this Lease and the improvements shall be compl4e, including final inspections and issuance of a Certificate of Occupancy, by January 1, 2001. If actual construction has not commenced within sixty (60) days of the effective date of this Lease, COUNTY may, upon written notice to LESSOR, cancel this Lease without cost or obligation to COUNTY. In the event LESSOR cannot deliver the Premises on or before January 1, 2001, as provided hereinabove, rent shall be prorated as of the first workday after the improvements are completed and accepted by the COUNTY. t-lowever, if the improvements are not completed by February 29, 2001, COUNTY may, at its sole discretion, terminate the Lease by giving I'VSSOR wrillen tuoliee, With no ettti( t)r t)bligttlit)rt Oil llto part llrTY, 21 G:\LcaseMgt\Dave\Buitding Inspector\3685 Mt.Diablo Blvd\Final Lease#1 doc Draft Version 11113/00 1:06 PM C. Upon LESSOR's written request, the dates in this paragraph shall be extended by the time lost as a result of work steppages, strikes, shortages of material or Act of Clod; provided such time lost is entirely beyond LESSOR's control. CA. COMi,EDON AND OCCUPANCY; The following procedure shall apply for completion and acceptance of the remodeling of the existing Building, hereinafter called improvements. a. Upon LESSOR's completion of improvements and written notice thereof to the County Lease Manager, COUNTY shall inspect within three (3) workdays after receiving the notice and shall accept or reject the improvements within six (6) workdays of receipt of such written notice. b. The sale basis for rejection of the improvements shall be nonconformity with pians and specifications or applicable laws or ordinances. In the event ('01INTY ivivein Ilii alitprovemrfatn, COIlNTN' n1mil piovide with a reasonably detailed list of the deficient portions or details of the improvements. C. LESSOR shall immediately commence to complete or correct the rejected portion. d. Subject to subparagraphs (a) and (b) above, rental shall be prorated as of the first workday following the acceptance. However, acceptance of the improvements shall not constitute a waiver of any warranty of any defect in regard to workmanship or material of the improvements on the Prcmises. C. As part of a leasehold allowance to COUNTY, LESSOR agrees to be responsible tur ull demolition, painting luld ellupeting ilio new 111'clliises; f. Upon completion and acceptance of improvements as provided in subparagraphs a, b and c above, COUNTY shall pay to LESSOR Sixteen 22 GALeaseMgt\DavelBuilding Inspector13685 Mt.Diablo B1vdtFinal Lease#I.doc Draft Version 11/13/00 1;06 PM Thousand Seven Hundred Seventeen AND .61/100 DOLLARS ($1.6,717.61) for improvements as specified in Exhibits "A" C.S. PRIOR P SSESSION: Commencing on or about December 15, 2000, COUNTY shall have the right to install fixtures, telephones, and other items required to prepare space for COUNTY's occupancy and to store furniture, supplies, and equipment where such work or storage can be effected without unduly interfering with LESSOR's coi"plction orthe ilnprovenients. 23 G:\LeaseMgt\Dave\Building Inspector13685 Mt.Diablo B1vd\Final Lease#l.doc Draft Version 11/13/00 1:06 PM vi U El D 1 1E 30tlddns dOi I.E 3:)vj8nS J© dC1i _ ► .� T r 1 OEb5 OEM; r vN z d 111 � n W ::1d OVA, J r V1 Lp j k F z 0 EXHIBIT "A" tC 0 1 i � a i I I � Z I I i (� LL z L W AN a J u J Q 00 1 � � EXHIBIT "A-2" EXHIBIT B JANITORIAL SERVICE SPECIFICATIONS Suite 120, 3685 Mt. Diablo Blvd., Lafayette DAILY SERVICES 1. bust all desk tops, low file cabinet tops, lamps, and other furniture surfaces. 2. Empty all trash containers throughout the premises and replace trash container liners as necessary. 3. Vacuum or spot-vacuum carpets as necessary around entry, doors and heavy traffic areas. Spot-clean carpets periodically. 4. Remove spots and finger marks from glass on entry doors, as needed. 5. Replace burned out tubes and light bulbs as necessary. WEEKLY SERVICES 1. Vacuum all carpets thoroughly throughout the premises. 2. Lust counter tops, cabinets, tables, low wall partitions, window sills, and telephones. Remove cob webs as needed. 3. Dust building completely, including mini blinds. 4. Mop all vinyl floor areas weekly and strip, wax and buff when necessary. 5. Clean entry doors and all door hardware; dust entry door louvers. MONTHLY SERVICES 1. Dust and clean AJC diffusers, air vents and exhaust fans. 2. Dust vertical surfaces(furniture fronts, walls, etc.) 3. Dust all window blinds; damp wipe window sills. ONCE YEARLY, IN APRIL 1. Wash windows and glass on both sides. 2. Clean all ventilation grills. 3. Wash and clean all light fixtures, inside and outside. MISCELLANEOUS 1. Security: Lock all doors and windows, turn off lights, set night lights and alarm systems before leaving building. 2. Keep all sidewalks broom clean and landscaping free of debris within a 12-foot area from the perimeter of the building. Janitorial Specs.doc