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HomeMy WebLinkAboutMINUTES - 11062001 - C.168 (2) Contra GENERAL SERVICES DEPARTMENT Barton J. Gilbert Architectural Division Director of General Services Costa Lease Management Division 1220 Morello Avenue, Suite 100 Gerald Bender County Martinez, California 94553-4711 Architectural Services Manager (925) 313-7200 �tiEA \ Carol Chan ;�• .;�::, Lease Manager (925) 313-7250 LETTER OF TRANSMITTAL FAX (925) 313-7299 TO: 7-k1g: _a. ho FILE: DATE: Z113 1/b A- AQ-1-7 k1 1G,_2_. C' ,4 REGARDING /"/ klpl ,V ATTN: V We Are Sending You Attached ❑ Under Separate Cover Via The Following Items.- Item tems:Item Copies / Dated Description These Are Transmitted As Checked Below: ❑ For approval ❑ Approved as submitted ❑ Reviewed - No additional comments ❑ For your use ❑ Approved as noted ❑ Reviewed - See additional comments ❑ As requested ❑ Returned for corrections ❑ Return Corrected prints ❑ For review and comment ❑ copies retained for our files ❑ Sign and return copies ❑ For your information REMARKS: X02 v✓►�— 7C� �.c�—S �—� v 12—c t r� A4— � SIGNED ❑ Architectural Division (313-7200) VJ Lease Management Division (313-7250) .+� 11/SIO/101 lti:�} •..•••� TO: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra - x Costa DATE: November 6, 2001 County SUBJECT: LEASE -- 823 MARINA VISTA, MARTINEZ FOR THE SHERIFF-CORONER (T00505) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUS'TIFICAT'ION I. RECOMMENDATION APPROVE a Lease with the Martin Family Trust for the premises at 823 Marina Vista, Martinez, for continued occupancy by the Sheriff-Coroner, 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. 11. FINANCIAL IMPACT Payments required are to come from the budget of the Sheriff-Coroner. It was anticipated that the Sheriff-Coroner would renew this lease and funds were allocated for the rent as part of the 2001-2002 approved County budget. III. REASONS FOR RECOMMENDATION I BACKGROUND Provide for continued use of office space as requested by the Sheriff-Coroner. The Sheriff- Coroner has been at this location since 1997. The lease renewal will provide for occupancy through July, 2003. eC""NHE96N ATTACHMENT: :! YES SIGNATURE:le!/ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE -OTHER r SIGNATURE(S):('11116 ACTION OF BOA _Jy LI i(f�/T7/�/+i�' `r J?C:�t'� _ APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES:- NOES: ABSENTS: -ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Administrator(via L/M) 1 HEREBY CERTIFY THAT THIS IS A TRUE County AdminisContr(via vie UM AND CORRECT COPY OF AN ACTION TAKEN ( ) AND ENTERED ON THE MINUTES OF THE BOARD Lessor(via UM) OF SUPERVISORS ON THE DATE SHOWN. Sheri((-Coroner(via L/M) County Counsel(via UM) ATTESTEu _ Risk Management(via L/M) JOHN SWEETEN.CLERK OF E 80ARD OF Orig:General Services Department-UM UPERVISORS AND COUNTY ADMINISTRATOR n Z4e�If''j / '.� ,DEPUTY G:\1.easeMgASTEVE\823bdo4.doc i , LEASI+ll 823 MARINA VISTA NlARTI NEL, CALIFORNIA CONTRA COSTA COUNTY Sl-IERIFF—CORONER TABLE OFCONTENTS SECTION A: BASIC TE12MS AND CONDITIONS A.1 . PARTIES....................................................................................................... i A.2. L1=:ASF OI' PRI"MIS1=?S .............................................. A.3. TERM............................................................................................................ I A.4. REN'I, ..................................................... A.5. L?Xr1'13NS10N ................................................................................................ I A.6 USE OI- I'REN1lSES.........................................................................I........... 2 A.7. U"I'ILITIES AND JANITORIAL...................... � A.8. MAI NT'ENANCL? ANI) RL:PAIRS ............................................ A.9. NOTICES............................................................ A. 10. EX1-11131"1'S AND A"I"TAC;I1MI3NTS ............................................................ 4 A. 1 1. WItI"r'rf. N AGREEME -1............................................................................ 4 A. 12. TIME IS 01� "TME ESSENCi ............................... A.13. SIGNATURE BLOCK ......................................... SECTION 13: STANDARD PROVISIONS B.I. HOLDING OVER......................................................................................... 6 B.2. HOLD I IARMLESS ................................................... 13.3. ALTERATIONS, I IXTURFS, AND SIGNS............................................... 6 1.3.4. DESTRUCTION ....................................................................................... 13.5. QUIZ"T I NJ0YMENfI................................................................................... 7 B.6. DE17AULTS ........................................................ B.7. SURRENDER OF PREMISES...................... 9 13.8. SUCCESSORS AND ASSIGNS .................................................................. 9 B.9. SEVERABILITY ............................................ 9 13. 10. WAS Fl, NUISANCE........................................... c 13. 11. INSPECTION ........................................................ 9 SECTION C: SPECIAL PROVISIONS C. I. ASSIGNML:NT OR SUBLEASL. ............................................. C.2. Sl3RVICE BY LFSSOR.................................................. C.3. HALAR.DOUS NlAl R.IALS .................................................................... l I CA. INSURANCL................................................................................................. 12 C.S. "1'I IZMINAT'ION 01'� PP'L SENT LF"ASI.. ....................... EX11113t"TS EXI-11131T A: PRL,'MISI-S LEASE 823 MARINA VIS'T'A N,IAIZ'I'INE"L, C'ALIF'ORNIA I',(.)It T li E CONTRA COSTA COUNTY S1-IER1I,F-CORONER SECTION A: l3ASIC TERMS AND COND1111ONS A.I. PARTII S: Effective oil Nov 0 6 2001 MARTIN FAMILY 'TRUST, with James D. Martin as TRISI.ee., hereinafter called "LESSOR", and the COUN"1'Y O CONTRA COSTA, a political subdivision of the State ofC.1111,61-111.1, hereinafter called "COUNTY", mutually agree and promise as follows: A.2. LEASE OTi PREMISES: LESSOR, for and in consideration of the rents, hereby leases to COUN'T'Y, aild COUNJ Y leases from LESSOR those certain premises (the "Premises") described as iollows: approximately 1,350 square leet. of oflice space, in the bUildmg comilloilly lmowll and designated as 823 Marina Vista, Martinez, California, and more particularly described in Exhibit "A", attached hereto and made a part hereof. A.3. TERM: The lei-in of this Lease shall be two (2) years, commencing August 1, 2001 and ending July 31, 2003. A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental as follows: I. ONE l'IIOIJSAND "I'I llt}?l? HUNDRED FIFTY AND NO/100 DOLLARS ($1,350.00) per mollth coinineilciilg AIIgLISt 1, 2001 through .lily 31, 2002. 2. ONE THOUSAND FOUR HUNDRED FIFT1-3EN AND NO/100 DOLLARS ("$1,=115.00) per month coil mellciilg :AIIgl1St I, 2002 through July 31, 2003. The total momllly relit shall be payable in advance on the tenth clay of each Illonth duruig the term of this Lease. Payineilts shall be mailed to: RC:R Property Management, 928 [/lain Street, )\-Martinez, CA 94553. A.5. EXTENSION: This Leasc mav, at the optiota of the (.IOUNTY, be extended upon the same terms and conditions, cxccpt the rental shall be adjusted as followS: 1 a. First Option: Lor a one (1) year term, commencing August 1, 2003 and ending July 31, 2004, at a rental of ONE THOUSAND FOUR HUNDRED NINETY AND NO/100 DOLLARS ($1,490.00) per month. b. Second Option: For a one (1) year terns, commencing ALlgUSt 1, 2004 and ending July 31, 2005, at a rental of ONE THOUSAND FIVE, HUNDRED SIXTY AND NO /100 DOLLARS ($1,560.00) her month. C. Third Option: For a one (1) year terns, commencing August 1, 2005 anis ending July 31, 2006, at a rental of ONE 'I,l-IOUSAND SIX. HUNDRED FORTY AND NO /100 DOLLARS ($1,640.00) per month. It is understood and agreed COUNTY shall give LESSOR thirty (30) clays prior written notice of Its Illtent'on to exerclse ally option to extern lklls Lease. l li)\weVel', IIs llle event COUN'T'Y lutes nut give such written notice, its right to exercise any option belore termination of the Lease shall not expire until fifteen (15) working days after receipt of LI::SSOR'S written clenland to exercise or forfeit said option. A.6 USE OF VIA E1171SFS: The Prenlises shall be used during the term or extension thereol for purposes ofcolldLICtlllg various functions of COUNTY. A.7. UTILITIES AND JANITORIAL: COUNTY shall pay 16r all gas, electric, \water,Janitorial and refuse collection services provided to the PIVIllises. A.8. INAINTENANCE AND REPAIRS: a. LESSOR shall keep the roof and exterior of' the building in gond order, condition, and repair and shall Irlallltaln the structural integrity of the building, including the exterior doors and their llxtlll'es, closers and hinges, glass and glazing, and all lock, and key systcrils used in the PI-ellises. b. COUNTY shall keep and maintain the Interior of the Premises in good order, condition, and repair, but I...I::SSOR shall repair clanlage to the interior caused by failure to maintain the exterior ill good repair, including damage to the interior caused by roof leaks and/or Interior anis exterior wall leaks. C. COUNTY shall repair and maintain the electrical, lighting, water, anis plLImbing systems in good order, condition and repair, but L1=?SSOR shall be responsible for major repair and replacement of said systems. Major repair shall be defined as any repair or replacement 111 excess of$500.00. d. LESSOR shall maintain and repair the heating, ventilating, and air- conditioning systems. COUNTY shall reimburse LESSOR for the cost of a bi-monthly maintenance contract Icer said systems, plus the cost of 11111101, repairs to said systems serving the Premises. Major repair, such as replacement of., compressors, motors or refrigerant shall be the responsibility of the LESSOR. Major repairs shall be defined as any repair in excess ole$500.00. e. LESSOR shall provide and install, at the direction of the Lire Marshal, the necessary cumber oI�A-13-C Lire extinguishers Jot' the Premises at no cost to COUNTY. COUN'T'Y shall thereafter maintain, repair, and replace the extinguishers. f. COUNTY shall not surfer any waste on or to the ileimsed Premises. g. LESSOR shall be responsible 1`6r the correction of any code vi0lati0lls which may exist in the Premises, provided LESSOR shall not be Ilable 1,01- correction orcorrection of code violations which arise out of and are directly related to a change in COUNTY'S occupancy 01, use of the I'renllses. A.9. NOTICES: All notices given Ili -CLIM.ler shall be in writing and shall be deemed to have been given il'personally delivered or deposited in the United States mail postage prepaid, certified or registered, 1,ctur11 receipt requested, and addressed to the other party as follows or as otherwise designated by Wl'Ittell 110tICe lleI-elllldCI' 11'0111 111111; to tIIl1C: To LI?SSOR: .lallles f). martin 928 main Street Martinez, CA 94553 To COUNTY: COMM Costa County General Services Depal.tlllellt Lease Management DI\'Isl()Il 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 3 A.10. EXI-f111ITS AND ATTACFIfVIENTS: Section f3, Standard Provisions, Section C, Special Provisions and Exhibit A — Premises are attached to this Lease and are made a hart hereof. A.11. ARITTEN AC:REEN11:NT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, alld understandings are of no Further force or effect. This Lease may be inoclilied 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 ccinstruing the intent of this Lease. A.12. TIME IS OF THE. ESSENCE of each and all of the terms and provisions of this Lease. 4 A.13. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CON'T'RA COSTA, a 'IARr F' MILY 'T'ItUS'l' Political subdivision ofthe State of ' California By Ja 10 tin By Dirrectool,General Services RI: CONIMENDED FOR APPRO\VAl : B y PC- Dlrect, o . Capital Facilities and Debt Management By �f_ Depu y General Services Director By S eri fi-Cor ier By N — Lease Manager APPROVED AS 'TO .DORM: SILVANO MARCI-IESt, CountyCounsel - Deputy 5 LEASE 823 MARINA VISTA MARTIN1�.Z, CALIFORNIA FORT IE CONTRA COSTA COUNTV SI-lE RIFT-CORONER SECTION 13: STANDARD PROVISIONS 13.1. HOLDING OVITIC Any holding over after elle terns or extension of this Lease as provided hereinabove shall be construed to be a tenancy hurn month to I11OIlth, subject to the terms of this Lease so fur as applicable. 13.2. I-IOLD FIARMLESS: COUNTY agrees to defend, indenlnify, and hold harmless the LESSOR Miro the COUNTY'S share of any and all claims, costs and liability fir any darllage, injury or death Of or to any person or tile property of any person arising out of' negligent or intentional :lets, errors or omissions of the COUNTY, its officers, agents or enlployees. COUN'T'Y shall not be liable in tile case Of any structural, 111echi11-llual Or other failure or equipment of building owned anis maintained by the LESSOR or for other liability which is attributable, in whole or in part, to the negligence, willful tniscorlduct, Or Other Intentional act, error or onlission or LESSOR, which results in dainage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY frilnl tile; LESSOR'S share of any and all claims, costs anis liability for any damages, injury or death of any person or the property of any person arising out or the negligent or intentional acts, errors or omissions of the LESSOR, its officers, agents or einployees. 13.3. ALTERATIONS, FIX'CUR1 S, AND SIGNS: COUN'T'Y may make any lawful and proper minor alterations, attach tix.ttlres and signs in or upon the Premises, which shall rernah-i COUNTY property anis may be removed therefrom by COUNTY prior to the termination of this Luise. Any such alterations, signs or fixtures shall be at COUNTY'S sole cost and expense, and all signs shall meet with existing code requirements and LESSOR'S approval. 6 13.4. DESTRUCTION: it. III the event of damage Ci:ILISIng a partial deStl'1101011 of the 111'eI111SCS (Il.11'lllg the term of this Lease or extension thereof fi-om any cause, and repairs can be made within sixty (60) days 171-0111 the date of the damage w►der the applicable laws and regulations of governmental authorities, LESSOR shall repair the damage promptly and within a 1'easollable time, but such partial destruction shall not void this Lease, except that COUNT'Y shall he entitled to it proportionate redllCtloll of rent while such repairs are being made, such proportionate redLICtloll to be based upon the extent to which the Premises He unusable by COUNTY. b. If such repairs Callllot be made ill sixty (60) days, LESSOR play, at Ills option, make the same within a reasonable time, the rent to he proportionately 1-e(iuced aS pI-OVIded in the 1)1'eVIOIIS Subparagraph. III the event LI_SSOR does not so elect to slake such repairs (which cannot be made in sixty (60) days), (11' SLICII repairs Callllot be made under Such laws and regulations, this Lease may be terminated at the option of either party. C. A total deStRICtloll of the Premises UI' tile bIIIIdIIIg III wlllCll the Premises are located shall terminate this Lease. 13.5. QUIET ENJOYMENT: l_.I?SSOR covenilnts that COUN'T'Y shall at all times during the terin or extension thereof peaceably and quietly have, hold, and enjoy the Premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully perlornls hel'ellll(lel'. 13.6. DEFAULTS: The occurrence of ally ole the follo\Ving sh 111 constitute an Event of DC11111t llll(.Iel' this Agreement: a. Event of Default by COUNTY I . COUNTY'S failure to pay any Rental within ten (10) business days alter written notice ole failure from LESSOR to COUNTY. If, however, payment is not made within ten ( 10) business days of said written notice dile to 7 Circumstances beyond the reasonable control of COUNTY, which C11CIIMStanCeS may, Without limitation hereby, include failure o1' COUNTY to aclopl a budget, then COUNTY shall make such payment within such additional tine [but not to exceed a total of seventy five (75) clays from LESSOR'S notice to COUNTY.] 2. C'OUN'TY'S failure to comply with any other material term OI- provision of this Lease if Such Failure; contillues thirty (30.) days alter written notice of failure From LESSOR to COUNTY specifying in . reasonably Sufhcicnt detail the nature of said breach. If the required cure of the noticed default cannot be completed within thirty (30) clays, COUNTY'S failure to perfbrnl Shat1 constitute a default Ilr►cler the Lease unless COUNTY has attempted to cure the default within said thirty (30) clay period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. On the occurrer►ce of' an Event of Default by COUNTY, LESSOR may re-enter and repossess the Premises and remove all persons and property therefrom after giving COUNTY written notice of'such default and in accordance with clue process of law. b. Event of Default by LESSOR LESSOR'S failure to perform any of its obligations under this Lease shall constitute a default by LESSOR. 11' the failure continues for thirty (30) days after written notice of tile; failure lror►1 COUNTY to LESSOR. If the required cure of the Iloticcd clelault cannot be Completed within thirty (30) days, L E-SSOR'S failure to perform Shall constitute a default under the Lease unless LESSOR has attempted to clue the defallll within said thirty (30) day period and has diligently and continuously attenlpled 10 con►plete the cure; as soon as reasonably possible. Notwithstanding the 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 told/or its invitees, LESSOR Shall use reasonable efforts to immediately address the Situation and Shall use diligent efforts to correct file perilous Conditloll. 8 On the occurrence of an I7vent of Default by LESSOR, COUNTY Islay tel'InIllate this Lease and quit the Premises without further cost or obligation or may proceed to repair or correct the failure and either dedllCt the Cost tllel-eOf fl-0111 rental payIIIelltS lllle t0 LESSOR, or at COUNTY'S option, invoice LESSOR for the cost of' repair, which Invoice LESSOR shall pay promptly upon receipt. 13.7. SURRENDER OF PRENJISFS: On the last clay of the terns, or sooner termination of this Lease, COUNTY will peaceably and quietly leave and sllrrendcr to LESSOR these Premises with their appurtenances and fixtures (except signs and flxtures referred to hereinabove) in good order, condition, and repair, excepting for reasonable use anis weal- thereof and da111age by earthquake, fire, public calamity, by the elements, by Act of Coll, or by circumstances over Which COUNTY has no control. COUNTY shall not be liable for painting the Interior of the PremlSeS 111)011 tel-mination Of tills Lease. 13.8. SUCCESSORS AND ASSI(;NS: 'File terms and provisions of this [..ease shall extend to and be bIndillg upon and inure to the benefit of' the heirs, successors, anti assigns of the respective parties hereto. 13.9. SEVERABILITY: III till; event that any provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any SLICII I)rOVISI0II dOCS not materially prejudice either the COUNTY or LESSOR in its respective rights and obligations contained III the valid provisions of tllls Lease. 13.10. WASTE, NUISANCE: COUNTY shall not Conlnlit, or suffer to be committed, any waste upon the Premises, or any nuisance or Other act or thing which play disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the (Cased Premises are located. COUN'T'Y shall conform its use anti occupancy of' the Premises to the standards and modes of use applicable to a first-class office builCling. [3.11. INSPEC'T'ION: 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 Fl-iday, holidays excepted, and to employ tile 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 9 things are Clone 111 the manner best ClIICLIlated for the preservation of the property, and In full compliance with the terms and conditions of this Lease. 1(1 LjEASC 823 MARINA VISTA MARTINEZ, CALIFORNIA FOR 'TH E CONTRA COSTA COUNTY SLIERIFF-CORONER SECTION C: SPECIAL, PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: COUNTY shall have the right to assign this Lease or sublease the Premises or any part thereof at any tlllle dlil'lllg the terns of� this Lease or extension thereof. C.2. SERVICE BY LESSOR: It is understood anis agreed L13SSOR shall provide certain landscaping, mailltellallCe, eonstrticti()n, remodeling or like services as requested by COUNTY lrolll tulle to Unie during the terns of` this Lease or extension thereol'. COUNTY shall pay to LESSOR as additional rental one hundred percent (I 00,�) of' the costs ole the service. 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 oil the scope, term, and cost of-'the contracts. COUNTY shall have the right to change the level of service lrolll 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. HAZARDOUS MATERIALS: LESSOR warrants to COUNTY that LESSOR does not have any knowledge of the presence of haZLIRI011S substanceS or contalllillation of the Premises. LESSOR Agrees to defend, save, protect and hold COUN'I-'Y harmless fi-orn any loss arising out ol, the presence of Mly IILMI (IOLIS substance in or arot.uld llie property, which is not related to COUNTY'S use and occupancy ol' the Premises. LESSOR, al its' sale cost and expense, shall be responsible Lor any remediation ol, ha'L.al'dOuS nlaterials that are not a pact or a result of'COUNTY'S occupancy. COUNTY agrees to defend, save, protect and hold LESSOR harmless Front and against all liabilities, claims, actions, ForCseeable and unforeseeable consequential 11 damages, costs anis expenses (including sums paid in settlement or claims and all Consul(ant, expert and legal fees and expenses of LESSOR'S counsel) or loss directly or indirectly arising out Of. or resulting from the presence of any hazardous suhsla11CC as a result of' COUNTY'S activities, in 01' around any part of the property, including those Incurred In connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or. any I-eSLlltlllg damages or IlllllrleS to the person Or property of any third party or to any natural resources. A "Hazal-CIOLIS SLlbstance" Is defined to mean lIlly SLIbStalICC, Illaterlal or N'aStC, including asbestos and petroleum (including Crude oil or any fraction thereof), which is Or becomes designated, classified or regLllated as being "toxic;", "IM&II-CIOLIS", i1 "IIOIILItallt" or similar designation under any lederal, state of local law, regulation Or ordinance. C.4. INSURANCE: a. "throughout the term of this Lease, COUNTY, at its side cost and expense, shall maintain in full lorce and effect a general self-insurance program covering bodily injury (including death), personal injury and property damage including loss of use. b. COUNTY shall provide fire insurance On its own contents, improvements and betterments and personal property contained within or oil the Premises under a standard all-risk policy excluding earthquake and flood. C. LESSOR shall have no interest in the IIISURIllCe upon COUNTY'S equipment and fixtures and will sign all documents necessary or proper in connection with the settlement of ally claim or loss by COUNTY. C.5. TERMINATION OF PRESENT LEASE: It is understood and agreed that COUNTY now leases the Premises under the terms of a lease dated August 5, 1997. Upon commencement Of tills (_.ease, said lease shall terminate. 8231CS2.L10c 12