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Home My WebLink AboutMINUTES - 02272001 - C.138 :o:' BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services -- Contra Costa DATE: February 27, 2001 -=— ' ` r --- County SUBJECT: LEASE FOR THE SHERIFF-CORONER, 70 LAURITZEN LANE, OAKLEY (WLP455) (CP # 01-07) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease with the Lauritzen Yacht Harbor LLC for the premises at 70 Lauritzen Lane, Oakley for 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. DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 1(n) Categorical Exemption and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk. DIRECT the Director.of General Services to arrange for the payment of the handling fee to the County Clerk for filing of the Notice of Exemption. II. FINANCIAL IMPACT Payments required are to come from the budget of the Sheriff-Coroner. III. REASONS FOR RECOMMENDATION / BACKGROUND Provide for the use of office space as requested by the Sheriff Coroner. iµHEB-9NATTACHMENT:Y Y SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ROVE _OTHER SIGNATURE(S): ACTION OF BOA O �� /�-f/� � �G�� APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS �( UNANIMOUS(ABSENT /Lr to n e ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE CAND CORRECT COPY OF AN ACTION TAKEN County Auditor-Controller(via UM AND ENTERED ON THE MINUTES OF THE BOARD Lessor(via UM) OF SUPERVISORS ON T E DATE SHOWN. Sheriff-Coroner(via UM) County Counsel(via UM) ATTESTED i .L Risk Management(via UM) PHIL BATCHELO CLERK F THE BOARD OF Orig:General Services Department-UM SUPERVISO AND COUNTY ADMINISTRATOR a BY ,DEPUTY F:\DATA\Worddocs\70 Lauritzen\70Lauritzcnbdol.doc GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-7250 FAX 3-7299 DATE: February 7, 2001 TO: Phil Batchelor, County Administrator &ftL'&A— FROM: Orton J. Gilbert, Director of General Services SUBJECT: Agenda: Lease - 70 Lauritzen Lane, Oakley for the Sheriff-Coroner(WLP455) (February 27, 2000) (CP # 01-07) A lease has been negotiated as follows: OCCUPANT: Sheriff-Coroner- Marine Patrol TERM: 3 years COMMENCING: March 1, 2001 OPTION: Yes CANCELLATION: None . RENTAL: $1,150.00 per month SQUARE FEET: Approx. 1-,725 SPACE TYPE: Residential converted to office use COUNTY RESPONSIBILITY: Interior maintenance, utilities RENEWAL: No PREVIOUS RENT: N/A ADDRESS: 70 Lauritzen Lane, Oakley CODE 25351 NOTICE: Notice to City of Oakley on February 5, 2001 BUILD /WORK AUTH.: WLP455 _ cc: General Services Department Kathy Brown Christie Beardsley Sheriff-Coroner FADATA\Worddocs\70 Lauritzen\701,auritzenbdoLdoc Contra Costa GE gyral Services Departmer` County Initial Study OF ENVIRONMENTAL SIGNIFICANCE a` I File#CP 01-07 C 14 P / General Services Department 1220 Morello Avenue,Suite 100 Project Name: Sheriff-Coroner Marine Patrol Office Martinez,Cal.ifomia 94553-4711 Telephone: (925)313-7250 Prepared by Steven B. Van Horn Date Feb. 5, 2001 Reviewed by Date RECOMMENDATIONS: ®Categorical Exemption (Class 1n) ❑ Negative Declaration ❑ Environment Impact Report Required ❑ Conditional Neg. Declaration The Project Will Not Have A Significant Effect On The Environment The recommendation is based on the following (List all items identified as significant): This project involves the conversion of a single family residence to office use. The house will be taken as is. The residence is located in a marina complex called Lauritzen Yacht Harbor which houses many boats, boat businesses and the vehicle and foot traffic associated with those operations. The occupancy of the Sheriff-Coroner's Marine Patrol Division will fit in with the surrounding uses. What Changes To The Project Would Mitigate The Identified Impacts (List mitigation measures for any significant impacts and Conditional Negative Declaration). USGS Quad Sheet F Base Map Sheet# F24 Parcel # 037-010-001 GENERAL CONSIDERATIONS: 1. Location: 70 Lauritzen Lane, Oakley 2. Project Description: Lease for a single family residence to be converted to office use for the Sheriff-Coroner's Marine Patrol Division. 3. Does it appear that any feature of the project will ❑ yes ® no ❑ maybe generate significant public concern? (Nature of concern): 4. Will the project require approval or permits by other ® yes ❑ no than a County agency? Agency Name(s): City of Oakley 5. Is the project within the Sphere of Influence of any city? (Name) Oakley F:\DATA\Worddocs\70 Lauritzen\701-auritzencegal.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-7250 Contact Person: Steven B. Van Horn, GSD Lease Management Project Description, Common Name (if any) and Location: CP# 01-07, 70 Lauritzen Lane, Oakley. This project involves the lease and conversion of a single family residence to office use for the Sheriff-Coroner's Marine Patrol Division. The house will be taken as is. The house is located within Lauritzen Yacht Harbor in Oakley which houses many boats, boat businesses and vehicle and foot traffic associated with those operations. This project is exempt from CEQA as a: [check whichever one applies] ❑ Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) General Rule of Applicability (Section 15061(b)(3)) ❑ Emergency Project(Sec. 15269(b)or(c)) 7 Categorical Exemption, Class 1 n Section 15301 for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The lease and occupancy of the premises will provide no more or different activity for the area than the prior use as a single family residence. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County General Services Department Attention: Steven B. Van Horn 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 County Clerk Fee $25 Due Document3 GENERAL SERVICES DEPARTMENT Barton J.Gilbert Contra Architectural Division Director of-General Services Lease Management Division osta 1220 Morello Avenue, Suite 100 Kathy Brown Deputy Director County Martinez, California 94553-4711 Gerald Bender Architectural Services Manager (925) 313-7200 8'., ... .. W.Alan Pfeiffer . ' s LETTER OF TRANSMITTAL Lease Manager (925)313-7250 FAX(925)313-7299 TO: ' � D FILE: DATE: 3(-1 ( � tA"-gn REGARDING: D VK.-1 1-2.61J LA� ATTN: We Are Sending You ;2 Attached ❑Under Separate Cover Via The Following Items: item !copiesl Dated Description I I�2-1 C) I These Are Transmitted As Checked Below: 0 For approval 0 Approved as submitted 0 Reviewed—No additional comments 0 For your use 0 Approved as noted 0 Reviewed—See additional comments 0 As requested p Returned for corrections 0 Return corrected prints 0 For review&comment 0 copies retained for our files 0 Sign and return copies 0 For your information REMARKS: E 9 2001 SUPERVISORSOSTA CO. SIGNED VA >J t� O Architectural Division(313-7200) 0 Lease Management Division(313-7250) --3�,'.�far• LEASE . TABLE OF CONTENTS 70 LAURITZEN LANE OAKLEY, CALIFORNIA CONTRA COSTA COUNTY SHERIFF-CORONER SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES....................................................................................................... 1 A.2. LEASE OF PREMISES................................................................................ 1 A.3. TERM............................................................................................................ 1 A.4. RENT ............................................................................................................ 1 A.5. EXTENSION ................................................................................................ 2 A.6 USE OF PREMISES..................................................................................... 3 A.7. UTILITIES.................................................................................................... 3 A.8. MAINTENANCE AND REPAIRS .............................................................. 3 A.9. NOTICES...................................................................................................... 4 A.10. EXHIBITS AND ATTACHMENTS............................................................4 A.11. WRITTEN AGREEMENT........................................................................... 4 A.12. TIME IS OF THE ESSENCE....................................................................... 5 A.13. SIGNATURE BLOCK5 ................................................................................. SECTION B: STANDARD PROVISIONS . B.1. HOLDING OVER......................................................................................... 6 B.2. HOLD HARMLESS ..................................................................................... 6 B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................... 6 B.4. DESTRUCTION........................................................................................... 7 B.5.. QUIET ENJOYMENT.................................................................................. 7 B.6. DEFAULTS .................................................................................................. 7 B.7. SURRENDER OF PREMISES..................................................................... 9 B.8. SUCCESSORS AND ASSIGNS .................................................................. 9 B.9. SEVERABILITY.......................................................................................... 9 B.10. WASTE, NUISANCE................................................................................... 9 B.11. INSPECTION ............................................................................................... 9 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE............................................................... 10 C.2. SERVICE BY LESSOR.............................................................................. 10 C.3. PRIOR POSSESSION ................ ............................................................... 10 CA. HAZARDOUS MATERIALS .................................................................... 10 C.5. INSURANCE.............................................................................................. 11 EXHIBITS EXHIBIT A: PREMISES r , LEASE FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER 70 LAURITZEN LANE OAKLEY, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES: Effective on Ep 7 7.001 LAURITZEN YACHT HARBOR LLC, 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. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from LESSOR those certain premises described as follows: A single family residence with two bedrooms, one bath and a two car garage consisting of approximately 1,725 square feet commonly known as 70 Lauritzen Lane, Oakley, California ("Premises"), more particularly described in Exhibit A, attached hereto and made a part hereof. A.3. ERM: The term of this Lease shall be three (3) years, commencing March 1, 2001 and ending February 29, 2004. A.4. ENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental of ONE THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($1,150.00), payable in advance on the first day of each month during the first year of this Lease. On March 1 of the second and third lease years (March 1, 2002 and March 1, 2003), COUNTY shall revise the rent then in effect based on the "CPI Factor" (as herein defined). Any adjustment in the rent based on the CPI Factor shall be limited to a minimum of four percent (4%) and a maximum of six percent (6%) and rounded to the nearest five dollars. The CPI Factor shall be applied to adjust the then existing rent by applying the new CPI Factor each year. 1 r For example, if the CPI Factor is 6.8% for the first twelvemonth period (March 1, 2001 —February 28, 2002), the revised monthly rent increase commencing March 1, 2002 would be computed as 6% increase over the existing rent (the CPI Factor is limited to a maximum increase of 6%) of$1,150.00 or $69.00. Thus the new monthly rent effective March 1, 2002 through February 28, 2003 would be $1,220.00 ($1,150.00 + $69.00 = $1,219.00 rounded to the nearest five dollars). The rent for the following lease year (March 1, 2003 —February 29, 2004) would be determined based on the adjusted monthly rent of$1,220.00. The "CPI Factor", as used herein is that percentage of change to the nearest one- tenth of one percent established during the twelve month period immediately preceding .the date the revised rent is to commence, as stated in the Unit-d States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, All Urban Consumers, U. S. City Average, All Items (1982-84=100), or successor of such index. Payments shall be mailed to: Lauritzen Yacht Harbor, 115 Lauritzen Lane, Oakley, CA 94561-2946 or any other location as may be designated by LESSOR. A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions, except rent, as follows: a. First Option: For a two (2) year term, commencing March 1, 2004 and ending February 28, 2006. b. Second Option: For a two (2) year term, commencing March 1, 2006 and ending February 29, 2008. The monthly rent for the above two option periods shall be revised yearly based on the CPI Factor during the twelve month period immediately preceding each March 1. The CPI Factor shall be applied to adjust the then existing rent in the same manner as outlined in Paragraph A.4. RENT hereinabove. The adjustment in the rent based on the CPI Factor shall be limited to a minimum of four percent (4%) and a maximum of six percent (6%) rounded to the nearest five dollars. It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior written notice of its intention to exercise any option to extend this Lease. However, in the 2 N r event COUNTY does not give such written notice, its right to exercise any option before termination of the Lease shall not expire until fifteen (15) working days after receipt of LESSOR'S written demand to exercise or forfeit said option. A.6 USE OF PREMISES: The Premises shall be used during the term or extension thereof for purposes of conducting various functions of COUNTY. A.7. UTILITIES: COUNTY shall pay for all gas, electric and water services provided to the Premises. LESSOR shall pay for refuse collection services provided to the Premises. A.8. 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 and closers and hinges. COUNTY shall repair and maintain all locks and key systems and glass and glazing 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. COUNTY shall repair and provide routine maintenance for the electrical, lighting, water, and plumbing systems to maintain them in good order, condition, and repair. LESSOR shall be responsible for major repairs to said systems, which shall be defined as repairs in excess of$500.00. d. LESSOR shall maintain and repair the heating, ventilating, and air- conditioning systems. Maintenance shall include the replacement of HVAC filters on a semi-annual basis. e. LESSOR shall maintain the driveways, 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 3 COUNTY. COUNTY shall thereafter maintain, repair, and replace the e)tinguishers. g. COUNTY shall not suffer any waste on or to the demised Premises. 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.9. 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: Lauritzen Yacht Harbor 115 Lauritzen Lane Oakley, CA 94561-2946 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.10. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A — Premises are attached to this Lease and are made a part hereof. A.11. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a 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. 4 A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.13. SIGNATURE BLOCK COUNTY LE OR COUNTY OF CONTRA COSTA, a LAURITZEN YACHT HARBOR LLC, a Political subdivision of the State of Limited Liability Corporation California / By ��/�' �. By ��1� 3`'T'O� Christian A. Lauritzen III Director of General Services B y RECOMMENDED FOR APPROVA Margaret Lauritzen By Q litJ Director o Capital cilities and Debt Mand eme By Sheri -Coroner By CM Ck 0--1 Acting Lease Manager APPROVED AS TO FORM: SILVANO.MARCHESI, County Counsel By 1 J Deputy U2411 �2 aI�) . I I 5 LEASE FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER 70 LAURITZEN LANE OAKLEY, CALIFORNIA SECTION B: STANDARD PROVISIONS B.I. 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 HARMLESS: 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 Premises 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. ALTERATIONS, FIXTURES, 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 COUNTY'S sole cost and expense, and all signs shall meet with existing code requirements and LESSOR'S approval. 6 B.4. 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 are 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 shall terminate this Lease. B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the term or extension thereof peaceably and quietly have, hold, and enjoy the demised Premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of Default under this Agreement: a. Event of Default by COUNTY 1. COUNTY'S failure to pay any Rental within ten (10) business days after written notice of failure from LESSOR to COUNTY. If, 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 failure of COUNTY to 7 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 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 due 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 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 perforin 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 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 fiirther cost or obligation or may proceed to repair or correct the failure and either deduct the cost thereof from rental payments due to 8 LESSOR, or at COUNTY'S option, invoice LESSOR for the cost of repair, which invoice LESSOR shall pay promptly upon receipt. B.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 God, 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. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties hereto. B.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. B.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of adjacent neighbors of the Premises. B.11. INSPECTION: 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. 9 i LEASE FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER 70 LAURITZEN LANE OAKLEY, 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 subject to LESSOR'S written approval, which shall not be unreasonably withheld. C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide certain maintenance, 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. 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. PRIOR POSSESSION: Commencing on February 27, 2001, 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. CA. HAZARDOUS MATERIALS: LESSOR represents to COUNTY that LESSOR does not have any knowledge of the presence of hazardous substances or contamination on the Premises. A "Hazardous Substance" is defined to mean any substance, material or waste, including asbestos and petroleum (including crude oil or any fraction thereof), which is or 10 becomes designated, classified or regulated as being "toxic", "hazardous", a "pollutant" or similar desigpation under any federal, state or local law, regulation or ordinance. COUNTY agrees to defend, save, protect, indemnify and hold LESSOR harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs and expenses (including sums paid in settlement of claims and all consultant, 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 substance as a result of COUNTY'S activities, in or around any part of the property. C.5. INSURANCE: a. Throughout the term or any extension of this Lease, COUNTY, at its sole cost and expense, shall maintain in full force and effect a general self- insurance program covering bodily injury (including death), personal injury and property damage including loss of use. LESSOR shall be named as an additional insured. b. COUNTY shall provide fire insurance on its own contents, improvements and betterments and personal property contained within or on the leased Premises under a standard all-risk policy excluding earthquake and flood. 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. 11 70Lauritzenis l.doe J r EXHIBIT A Ld 3 Q ........................................ ........................................ ........................................ ... ...... ..... ........... .. ........... .................... . . . .............. ............. ..... ........ ............. ...................................... ...................... ................. .......................... ............. ....... . . ............................. ........................................ ........................................ ....... ........................... ..... ..................................... ... ......................................... ............................... ......... .............................. ... ... .. ........................................ ............................... ....... .. a.) 0 > N ... ............ .................. . .......... 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C ............... ...... .................................. ... ............................. ... ... ........................... ................................. .......... ....................... ....................... ......... 7C) I.AI_JI2I'I`GI=�N I,ANI�, Of�I{ I_I�Y