The URL can be used to link to this page

Home My WebLink AboutMINUTES - 11062001 - C.169 BOARD OF SUPERVISORS :,FROM:' Barton J. Gilbert, Director of General Services _ Contra �__ Costa DATE: November 6, 2001 � County . .JJ f1 _M SUBJECT: LEASE — 821 MARINA VISTA, MARTINEZ FOR THE SHERIFF-CORONER (T00560) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease with the Martin Family Trust for the premises at 821 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. II. 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 / BACKGROUND Provide for continued use of office space as requested by the Sheriff-Coroner. The Sheriff- Coroner has been at this location since 1998. The lease renewal will provide for occupancy through July, 2003. GQNZl.WU&B-9W ATTACHMENT: ', YES SIGNATURE: oe� &ft9f&P+ --_ ECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE —±f-APPROVE _OTHER , SIGNATURE(S): ACTION OF BOARD N U e-Z!' APPROVED AS RECOMMENDED X 9+N 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 AND CORRECT COPY OF AN County Auditor-Controller(via L/M) AND ENTACTION ENTERED ON THE MINUTES THE BOARD Lessor(via L/M) OF SUPERVISORS ONTHEDATE SHOWN. / Sheriff Coroner(via L/M) Gi'!�J/e/� i2�/L l� �l)/ County Counsel(via UM) ATTESTED _ Risk Management(via L/M) JOHN SWEETEN,CLERK OF THE BOARD OF Orig:General Services Department-L/M SUPERVISORS AND COUNTY ADMINISTRATOR BY / DEPUTY G:\LcaseMgt\STEVE\321 bdo I.doc GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-7250 FAX 3-7299 DATE: October 15, 2001 TO: John Sweeten, County Administrator aft*6-t FROM: 'Warton J. Gilbert, Director of General Services SUBJECT: 11/06/01 Agenda: Lease— 821 Marina Vista, Martinez for the Sheriff-Coroner A lease renewal has been negotiated as follows: OCCUPANT: Sheriff-Coroner TERM: Two years COMMENCING: August 1, 2001 OPTION: Yes, three — one year options CANCELLATION: None RENTAL: $935.00 SQUARE FEET: 986 SPACE TYPE: Office COUNTY RESPONSIBILITY: Interior maintenance RENEWAL: Yes PREVIOUS RENT: $835.00 ADDRESS: 821 Marina Vista, Martinez BUILD / WORK AUTH.: T00560 cc: General Services Department Christie Beardsley Sheriff-Coroner FADATA\W orddocs\82 I M V IST\821 bdo I.doc Contra GENERAL SERVICES DEPARTMENT Barton J. Gilbert Architectural Division Director of General Services Costa Lease Management Division Gerald Bender 1220 Morello Avenue, Suite 100 County Martinez, California 94553-4711 Architectural Services Manager (925) 313-7200 E'er. Carol Chan r Lease Manager (925) 313-7250 \ : LETTER OF TRANSMITTAL FAx r (925) 313-7299 TO: �!.6�l•CL OG6 �,¢-C� FILE: �5/ t'/�lfi S'fi2>EeT DATE: e'//3o�bf �ixl�L C4— 9¢SS,3 REGARDING ATTN: 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: SIGNED ❑ Architectural Division (313-7200) A Lease Management Division (313-7250) TO.: BOARD OF SUPERVISORS I'c, FROM ' Barton J. Gilbert, Director of General Services Contra Costa DATE: November 6, 2001 ' ' County SUBJECT: LEASE — 821 MARINA VISTA, MARTINEZ FOR THE SHERIFF-CORONER J00560) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease with the Martin Family Trust for the premises at 821 Marina Vista, Martinez, for continued occupancy by the Sheriff-Coroner, under the terms and conditions more particularly set forth ir, said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. II. 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. REA ONS FOR RECOMMENDATION / BACKGROUND Provide for continued use of office space as requested by the Sheriff-Coroner. The Sheriff- Coroner has been at this location since 1998. The lease renewal will provide for occupancy through July, 2003. 66ALT1AU.GD.001 ATTACHMENT: YES SIGNATURE: t"U N�601J RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ---APPROVE _OTHER SIGNATURE(S): , ACTION OF BOARD 777 APPROVED AS RECOMMENDED X GTJ ire VOTE OF SUPERVISORS ,�/ UNANIMOUS(ABSENT /V Jn d- ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J. GILBERT(313-7100) CC: County Administrator(via L/M) I HEREBY CERTIFY THAT THIS IS A TRUE CountyAuditor-Controller(via 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. Sheriff-Coroner(via UM) County Counsel(via UM) ATTESTED �/7�Y/1� iL G a2t:2d Risk Management(via UM) JOHN SWEETEN,CLERK OF THE BOARD OF Orig:General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY G ALeaseMgt\STEVE\821 bdo l.doc. 11"ASE 821 MARINA VISTA NlARTI N11Z, CA1,1l+'ORNIA CONTRA COSTA COUNTY SIII RIFfLCOM)N1,11 TABLE OF CONTENT'S SEc 10N A: BASIC 'YERMS AND CONDITIONS A. 1. PARTIES....................................................................................................... I A.2. LEASE OF F)REMISEsS ............................................................. A.3. TERM............................................................................................................ I A.4. RENT ............................................................................................................ I A.5. EX FENSION ......................................................... A.6 USE OF, PREMISES........................... A.7. UTIL1"TIES ANDJANITORIAL.................................................................. 2 A.8. MAINTENANCE, AND REPAIRS .............................................................. ? A.9. NOrI,IC1:S...................................................................................................... 3 A. 10. E.X1-11BFTS AND Al"1'ACIIME:N'T'S ............................................................ 4 A.1 I. WRIT"FFN AGREEMEN'l'................... A. 12. "TIME? IS OF THE ESSENCE ................................... A. 13. SIGNATURE BLOCIL. ................................................................................. SECCION 13: S'T'ANDARD PROVISIONS 13. 1. HOLDING OVER......................................................................................... 6 B.2. I IOLD 1-IARMI_ESS .......I................... B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................... 6 B.4. DE STRUCHON........................................................................................... 7 13.5. QI.JIET ENJOYN'll;N"1................................................................................... 7 13.6. 1.)ITA ULTS .................................................................................................. 7 13.7. SURRI-HNDER OI' PRIG.MIS1 S..................................................................... �) 13.8. SIJCC:I?SSOIZS AND ASSIGNS .................................................................. B.9. LVERABII.,I"I'Y .......................................................................................... 9 13. 10. WASTE', NUISANCE 9 13.1 I. INSPECTION .................. SliXTION C: SPECIAL., PROVISIONS C. 1. ASSIGNMF.N'r Olt SUBLEHASE ............................................................... I I C.2. SL'RVICF' BY LI.,SSOR............................................................................... I 1 C.3. HAZARDOUS MATE RIALS .................................................................... 1 I C.4. INSURANC:'l=?.............................................................................................. 12 C:.5. "I'ERMINATION OF PR1::S1::NT LEASE................................................... 12 EXHIBITS 1- XI-IIBI"T' A: PREMISES S FEAST: 821 NIARINA VIS'T'A Ni1:1R'I'INE , CALIFORNIA 1+'O R 'f ii-ii E CONTRA COSTA COUNTY SHERIFF-CORONER SECTION A: BASIC '1'ERNIS AND CONDF1-'TONS A.I. PARTIES: Effective on NOV 0 6 2001 MARTIN FAMILY TRUST, with James U. Martin as Trustee, hereinafter called "LESSOR", and the COUN'T'Y OF CONTRA COSTA, a political subdivision oh the State of California, hereinafter called "COUNTY" mutually agree and promise as hollows: A.2. LEASE OF PREMISES: LESSOR, for and in consideration ofthe rents, hereby leases to COUNTY, and COUNTY leases From LESSOR those certain premises (the "Premises") described as follows: approximately 986 square feet of office space, in the building commonly known and designated as 821 Marina Vista, Martinez, California, and 11101'e partlClllarly dCSCI'lbed in Exhibit "A", attached hereto and made a part hereol'. As part of the consideration for this Lease, LESSOR shall provide and Install, at no cost to COUNTY, a new FIVAC package unit, which shall provide heating and cooling exclusively for COUNT'Y'S Premises and shall meet the COUNIVS heating and cooling regllll-Clllellts. Mlle lllllt shall be installed and operational within sixty (60) days from the eflhective date of this Lease. A.3. TERM: The term 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 relit for the use of the Premises a monthly rental as follows: 1. NINE IIUN[)REl_) 'l'lllR`fl'-1 lVE AND NO/100 DOLLARS (`935.00) per month commencing August 1, 2001 through .luly 31, 2002. 2. NINE I IUNDRE'D EIGHTY-FIVE AND NO/100 DOLLARS ($985.00) per month commencing August 1, 2002 through .I lily 31, 2003. I "I,he total monthly relit. shall be payable in advance on the tenth flay of each month during the terns of this Lease. Payments shall be mailed to: RCR Property Management, 928 Main Street, Martinez, CA 04553. A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions, except the rental shall be ac justed as follows: a. first Option: For a one (1) year term, commencing August I, 2003 and ending July 31, 2004, at a rental of ONE THOUSAND THIRTY T'Y ANI) NO/100 DOLLARS ($1,030.00) per month. b. Second Option: For a one (1) year term, commencing AIIgIISt I, 2004 and ceding July 31, 2005, at a rental of ONE '-f1-tc)USAND I IGI-ITY-I`IVI-- AND NO /100 DOLL.ARS ($1,085.00) per month. C. Third Option: For a One (1) year terill, commencing AIIgIISt I, 2005 anis ending July 31, 2006, at a rental oC ONI-.` fI-10USAND ONI HUNDRED FORTY AND NO /100 DOLLARS ($1,140.00) per month. It is understood and agreed COUN'T'Y shall give LI- SSOR thirty (30) days prior written notice of its Intention to exercise any option to extend this Lease. However, in the event COUNTY (Tiles not give SIICII written notice, its right to exercise any option bcli:,rc termination of the Lease shall not expire until fifteen (15) working flays After receipt of' LESSOR'S Written demand to exercise or forlelt said optloll. A.6 USE OF PREMISES: The Premises shall be used (Illrlllg tile tei'lll Or extellsioll thereof for purposes of conducting various functions of COUNTY. A.7. 111TIIATIES AND .JANFf011IA1,: COUNTY shall prey 101- all gas, electric, water,janitorial and refuse collection services provided to the Premises, A.8. IVIAINTE NAN(;E ANI) 11E1)A111S: 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, inclri(lirlg the extericlr doors and their fixtures, closers and hinges, glass and glLizing, 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 LE=SSOR shall repair dalllage 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, and plllnlblllg systems In good order, condition and repair, but LESSOR shall be responsible for major repair and replacement of slid systems. ML'gor repair shall be defined as any repair or replacement in excess of`6500.00. d. LESSOR shall maintain and repair the heating, ventilating, and air- conditioning systems. COUNTY shall reullburse LESSOR for the cost of a bl-Illontllly maintenance contract for said systems, pills the cost of minor repairs to said systems serving . the Premises. Major repair, such 'LIS replacement of compressors, motors or refrigerant shall be the responsibility ol'the L=ESSOR. Major repairs shall be defined as any repair Ili excess o('$500.0(.). e. LESSOR shall provide and install, at the direction of the F'ire Maurshal, the necessary nunlher of A-13-C fire extinguisllerS for the Premises at no cost to COUNTY. (.'OIJNTY shall thereafter maintain, repair, and replace the extinguishers. f'. COUNTY shall not suffer any waste on or to the Prenuses. g. LESSOR shall be responsible fur the correction of any code violati011s which may exist in the Premises, provided LESSOR shall not be liable fclr correction of code violations \Vhich arlse out ufalld are directly relatcd to a change Ill COUNTY'S occupancy or use ofthe Premises. A.9. NOTICES: All notices given herellllder shall be Ill writing and Shall be deemed to have been given if personally delivered or deposited in the United States mall postage prepaid, certified or registered, return receipt requested, and addreSSed to the other pLurty as follows oras otherwise designated by wrif en notice hereunder fl'0111 111110 til 11111c: 3 To LESSOR: Jaynes D. Martin c/o RCR. Property Management 928 MainStreet Martinez, CA 94553 To COUN'T'Y: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.10. EXHIBITS AND ATTACHMENTS: Section 13, Standard Provisions, Section C, Special Provisions and, Exhibit A — Premises are attached to this Lease and are made a part llereol'. A.11. mu rrEN AGREEMENT: Neither party Ilas relied on any promise or representation not contained ill this Lease. All previous coil versatloils, negotiations, and Understandings are of no further force or effect. This Lease may be .modified only by a writing signed by both parties. 'Tlle headings of the paragraphs and pages are fir convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of flus Lease. 4 A.13. SIGNATURE BLOCK COUN'TY LESSOR COUNTY OF CONTRA COSTA, a MA.ZT F 111-Y TRUST' P011 C.'11 subdivision oi'the State of' Calilornia James rtin By- By �l '{� � Director of General Services R1"COMMENDED FOI' APPROVAL: &, 0 q(�, Lay -- — Director of-Capital Facilities and Debt N/lanabement Director General Services Director Bylbl� ' eri F1=Co ner By -- Lease Manager APPROVED AS TO FORM: SILVANO MARC1-iES1, COLIMYCounsel By Deputy 5 LEASE 1321 NIARINA VISTA MARTINEZ, CAI,1FORNIA 11012 THF: CONTRA COSTA COUNTY SHERIFF-CORONER SECTION 13: STANDARD PROVISIONS 13.1. HOLDING OVER: Any holding over after the term or extension of this Lease as provided hereinabove shall be construed to be a tenancy f-0111 111011th 10 111011tll, subject to the terms of this Lease so far as applicable. 13.2. HOLD I-IARNILE'SS: COUNIX agrees to defend, indeninity, and hold harmless the l._I SSOR from the COUNTY'S share of any anis all claims, costs and liability for any danlagv, injury or death of Or to any person or the property of' any person arlSing 0LIt OI negligent or Intentional acts, errors ori missions of Ilse COUNTY, its oliicers, agents or employees. COUNTY shall not be liable in the else of any Struetllral, nlechanieal 01- other failure of equiprnent of building Owlled illld maintained by the LESSOR or for tither liability which is Attributable, in whine or In part, to the negligence, willful 1111sc011dllct, or other intentional act, error- or omission 01' LESSOR, which results in damage to any person or property. LESSOR agrees to ciden f, indemnity and hold harmless the COUN]"Y h-om (lie LESSOR'S share of any and all claims, costs and liability for any diullages, 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 (. r employees. 13.3. ALTERATIONS, FIXTURE& AND SIGNS: COUN'T'Y May Maki; Ally lawflll alld 1)1'01)er Illlll0l' LllterationS, attach llxtllre5 and signs in in* upon the PI-CII11Se5, \wllich shall remain COUNTY property and may be removed therefrom by COUN'T'Y prior to the termination of this Lease. Any such altel'at1011s, SignS 01- fixtures shall be at COUNrCY'S side cost and expense, and all signs shall meet with existing code requirements and LESSOR'S approval. 6 13.4. 1)ESTRI1C H0N: a. In the event of damage CaLISlllg it partial destruction of the Premises during the term of this Lease or extension thereof frons any cause, anis repall's caul be made within sixty (60) days frons the date of the clanlage 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 redLICtIOII of 1'ent while such repairs are being inade, such proportionate reduction to be based upon the extent to which tale Premises are unusable by COUNTY. b. ll' such repairs cannot be made in sixty (60) days, LESSOR may, at his option, make the same within a reasonable time, the rent to be proporti011ately reduced as provided in the previous subparagraph. In the event LESSOR dies not so elect to make such repairs (which cannot be made in sixty (60) days), or Such.repairs cannot be made under SLlch laws and regulations, this Lease may be terminated at the option of either party. C. A total &StRiCtlOrl of tl1C I'i'CIIllSes of the I)LIIICIIllg III WIIICII the PI-Cllllses are located shall terminate this Lease. 13.5. QUINT ENJOYMENT; LESSOR. covenants that COUNTY shall at all tinges during the term or extension thereof peaceably and quietly have, hold, and enjoy the Premises witllout suit, trouble or hindrance from or oil account of' LESSOR as long as COUNTY fully performs hereunder. 13.6. DEFAULTS: The occurrence ofally of the 1011OWlllg shall COI1Slltllte an Event of' Default under this Agreement: a. Event ol�Dcfault by COUNTY 1. COUNTY'S (ailure' to pay any Rental within ten (IU) business flays alter Written notice ole lailure from LIHSSOR to COUNTY. 11', however, payment is not made within tell ( 10) business days of said written notice due to 7 Circumstances beyond the reasonable control of* COUNTY, which Cil-CLIMSlallCeS may, without-limitation hereby, include failure of COUNTY to adopt a budget, then COUNIN shall make such payment within such additional time [hut not to exceed a total ole seventy live; (75) days From LESSOR'S notice to COUNrfY.J 2. COUNTY'S failure to Comply with any other material terns or provision ol'this Lease if Such failure continues thirty (30) clays alter written notice of' 11l1IUl'e from LESSOR to COUNTY specifying in reasonably s1.111-16ellt detail the naturC of said breach. if the required cure of' the noticed default cannot be completed within thirty (30) days, COUNTY'S failure to perforrn Shall Constitute a default under the Lease unless COUN'T'Y has attempted to CLIre the default within said thirty (30) day period and has diligently and Co►ltinuouSly attempted to complete the cure as soon as reasonably possible. On the oCCurrellCC of an Event of Default by COUNTY, LESSOR play re-enter and repossess the Premises anis remove all persons and property therefrom alter giving COUNTY Written Ilot►CC of SLICII lll;f�lult and in acCordance with clue process ol'law. b. Event of Default by LESSOR LESSOR'S failure to perform any ol' its obligationS under this LeaSe Shall constitute a default by LESSOR i(� the failure Contir►ueS for thirty (30) days after written notiCe of IC failure from COUNTY to LESSOIZ. If the required cure of the noticed default cannot be completed within thirty (30) clays, LESSOR'S failure to perform shall constitute a default under the Lease Llilless LESSOR 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. Notwithstanding the foregoing, in the event of a situation Creating a perilous condition on the Premises which substantially and significantly Lhreatens the health and salety ole COUNI-Y and/or its invitees, LESSOR Shall use reasonable efforts to immediately address the Situation and Shall LISC diligent el1orts to correct the perilous collditio►l. S Oil tile OCCLIrrence of all Event of Def hilt by LESSOR, C...OUNI,Y may terminate this Lease and quit the Premises Without fiu-ther Cost or obligation or may proceed to repair of* Correct the failure and either deduct the cost thereof from rental payments (life to LESSOR, or at COUNTY'S option, invoice LESSOR. lilt the cost of repair, which invoice LESSOR shall pay promptly upon receipt. B.7. SURRENDEN1 01, PREMISES: On the last clay of the term, or sooner termination of this Lease, COUNTY will peaceably and quietly leave and surrender to Ll3SSOR these Premises with their appul-tellaflees 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, lire:, public calainity, by the elements, by Act oto God, or by cirCunlstanCes over which COUNTY has no conlrol. COUNTY shall not be liable for painting the Interior of the Premises up011 WI-mination ol'this Lease. 11.8. SUCCESSORS AND ASSY;NS: The terms and provisions of this Lease shall extend to and be binding upon anis inure to the benefit of the heirs, successors, and assigns Of the respective parties hereto. 11.9. SEVERABILITY: hl the event that any provision herein contained is held to be invalid by any court Of cornpetent jurisdiction, the Invalidity of any such provision clues not materially prejudice either the COUNTY of- LF'SSOR in its respective rights and obilgatlons contained In Tile valid provisions of this Lease. B.10. WASTE, NUISANCU,': COUNTY shall not Conlrllit, Or suffer to he committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other 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 and modes Of use applicable to a first-Class Office building. B.11. INSPECTION: "me L.F; things are clone in the manner best Calculated for the preservation of the property, and in full Compliance W►th the terms and conditions of this Lease. �t) LEASE 821 IVIARINA VISTA MARTINEZ, CALIFORNIA FOIt THE. CONTRA COSTA COUNTY SHERIFF-CORONER SECTION C: SPECIAL PROVISIONS CA. ASSIGNMENT 011 SUBLEASE: COUNTY shall have the right to assign tills Lease or Sublease the Premises or any hart thereof at any tinge during; the term of this Lease or extension thereof. C.2. SERVICE BY LESSOR: It is understood anis agreed LESSOR shall provide Certain landscaping, I11aIIllCIUMCC, COI1StRIC11011, remodeling or like services as requested by COUNTY firom time to time during the terns of this Lease or extension thereon. COUNTY shall pay to LESSOR as additi011tal rental ogle IlLIIIdI_Cd percent ( 100%) on the costs of 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 on the scope, term, and cost of'the contracts. COUNTY shilll Have the right to cllallge the level ol'service from little to time by giving LFSSOR thinly (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. 11AZARI)0IJS Ail ATFAZ 1A LS: LESSOR warrants to COUNTY that L.E.SSOR. does not have any knowledge- of the I)rCSe11CC of IlaZdI_d0LIS SLIbSta11CCS Or C011lalllillati011 on the Premises. LESSOR agrees to defend, save, protect anis hold COLJN'f'Y harmless froill any loss arising out on the presence of any hazardous substance in or around the property, which is not related to COUNTY'S use and occuha11cy on the Premises. LESSOR, at its' sole cost alit expense, shall be responsible nor any remediation on IlaZardollS materials that are not a part or a result onCOUN"T'Y'S occupancy. COUNTY agrees to defend, save, protect and hold LESSOR harmless li-onn and against all liabilities, claims, actions, foreseeable anis unforeseeable ConSCquential I1 damages, costs and expenses (including sums paid in settlement or claims and all ci)nsullant, expert and legal fees and expenses Of' L,LSSOR'S counsel) or loss directly Or indirectly arlsing 011t Of OI' I•CSlllting fl-om the presence of any hazal•CIOUS SllbstallCC as a result of' COUNTY'S activities, in or around any part of the property, including those incurred in connection with any investigation of site conditions Or ally ClCall-up, rernedial, removal or restoration work, ol- ally resulting damages or injuries to the person 01' property of•any third party or to any natural resources. A "Hazardous Substance" IS defined to nlean any SLIbstance, material or waste, including asbestos and Petrolcunl (including crude oil 01- any frac(ii)rl thereof), which is or becomes designated, classified Or I-eglllated as bClllg "t0x1C", "llaZill•CIOLIS", it "I)01111tallt" or similar designatii)n under any federal, state of local law, regulatiiln or ordinance. CA 1NS1.111ANC'E: it. I'll l'OLlgh011t t11C tel'Ill of 11115 Lease, COUNTY, at Its sole cost and expense, shall maintain in full turce and effect it general sell-insurance prograrn covering bodily injury (including death), personal injury and property damage including loss of LISC. b. COUN l,Y shall provide lire illSL11•aIICC 011 Its own contents, 1lllprovelllellts and betterments and personal property contained Within lir oil the Premises under a standard all-risk policy excluding earthquake and blood. C. LESSOR shall have no interest in the insurance upon COUNTY'S equipment and fixtures and will sign all documents necessary or proper in connection with the settlement of any claim or loss by COUNTY. C.5. TERMINATION 01-,' PRESEAT LEASE: It is understood and agreed that COUNTY now leases the Premises under the terms of it lease dated April 28, 1998. Upon collllllencement of 11115 Lease, silld lease shall terminate. 8231es2.doc l'' EXHIBIT A I-A Clu lh ;I PREMISES Mir+ t� 1 111. 821 M.V. 1 23 .._.. I-1 i 1 P I fl I i T I 1_)' T'A ! 1 V L' `.