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Home My WebLink AboutMINUTES - 02272001 - C.145 BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra Costa DATE: February 27, 2001 County SUBJECT: LEASE FOR THE EMPLOYMENT AND HUMAN SERVICES 1470 ENEA CIRCLE, CONCORD(CP#01-04) (WLP451) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease, commencing March 1, 2001, with Enea Square Partners, L.P., a California Limited Partnership for the premises at 1470 Enea Circle, Concord, for occupancy by th.e Employment and Human Services Department - Staff Development, 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. II. FINANCIAL IMPACT Payments required are to come from the budget of the Employment and Human Services Department. Ill. REASONS FOR RECOMMENDATION / BACKGROUND Provide for use of classrooms and office space, as requested by the Employment and Human Services Department.. eelff*l3EB'6N ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE '---APPROVE OTHER SIGNATURE(S): ACTION OF BOA O APPROVED AS RECOMMENDED OTHER (57 VOTE OF SUPERVISORS UNANIMOUS(ABSENT /V lJ f'I 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 County Auditor-Controller(via UM) ACTIONAND CORRECT COPY OF AN AND ENTERED ON THE MINUTES OF THE BOARD Lessor(via UM) OF SUPERVISORS ON THE DATE SHOWN. Health Services(via UM) County Counsel(via L/M) ATTESTED Risk Management(via UM) PHIL BATCHELOJR,.GCERK OF THE BOARD OF Orig:General Services Department-UM SUPERVISORS AKD COUNTY ADMINISTRATOR BY /L DEPUTY G:\LcascMgt\Dave\Employment&Human Svcs\CONCORD\1470 Enea Circle\boardorder and letter.doc GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-7250 FAX 3-7299 DATE: January 22, 2001 TO: Phil Batchelor, County Administrator *Oak FROM: Barton J. Gilbert, Director of General Services SUBJECT: Agenda: Lease Authorization, 1470 Enea Circle, Concord Employment and Human Services Department (CP#01-04) (February 27, 2001) A lease has been negotiated as follows: OCCUPANT: Employment and Human Services, Staff Development TERM: 5 years, 7 months COMMENCING: March 1, 2001 OPTION: None CANCELLATION: None RENTAL: Months 1-12=$16,225.75;Months 13-24=$16,621.50;Months 25- 36=$17,017.25;Months 37-48=$17,413.00;Months 49-60=$17,808.75;Months 61- 67=$18,204.50 SQUARE FEET: 7,915 SPACE TYPE: Classrooms and office space COUNTY RESPONSIBILITY: Interior maintenance RENEWAL: None PREVIOUS RENT: None ADDRESS: Suite 1500, 1470 Enea Circle, Concord, CA 94522 CODE 25351 NOTICE: Notice give to the City of Concord on December 19, 2000 and received waiver December 22, 2000 BUILD / WORK AUTH.: WLP451 cc: General Services Department Kathy Brown Christie Beardsley Employment and Human Services Department G:\LeascMgt\Dave\Employment&Human Svcs\CONCORD\1470 Enea Circle\boardorder and letter.doc i GeWal Services Departmen ",d'rity Initial Study OF ENVIRONMENTAL SIGNIFICANCE General Services Department File#01-04 1220 Morello Avenue,Suite 100 Project Name: 1470 Enea Circle. Concord WLPMartinez,California 94553-4711 Telephone: (925)313-7250 Prepared by uLDayid L. Silva Date January 18,2001 Reviewed by Date RECOMMENDATIONS: ®Categorical Exemption (Class 1a) ❑ 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): Operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including,but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing and electrical convenyances. Alterations consists of demolition, interior partitions, and electrical within existing space footprint. What Changes To The Project Would Mitigate The Identified Impacts (List mitigation measures for any significant impacts and Conditional Negative Declaration). USGS Quad Sheet K Base Map Sheet# J-14 Parcel # 126-300-044 GENERAL CONSIDERATIONS: 1. Location: Suite 1500, 1470 Enea Circle, Concord, Ca 94520 2. Project Description: Alterations consists of demolition, added interior partitions, and electrical and telephone outlets. 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): 5. Is the project within the Sphere of Influence of any city? (Name) Concord G:\LeaseMgt\Dave\Employment&Human Svcs\CONCORD\1470 Enea Circle\Initial Study.doe I 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: Carol Chan Project Description, Common Name (if any) and Location: 1470 Enea Circle, Concord(WLP451), County fileCP# 01-04: Alterations consists of demolition, interior partitions, and electrical within existing space footprint. This project is exempt from CEQA as a: [check which ever 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)) x Categorical Exemption, Class la Section 15301 for the following reason(s): Operation, repair, maintenance, or minor alteration of existing public; or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including, but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing and electrical convenyances. 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: David L. Silva 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 County Clerk Fee $25 Due GALeaseMgt\Dave\Employment&Human Svcs\CONCORD\1470 Enea Cirde\CEQA.doc CONTRA COSTA COUNTY GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-471 Extension 3-7250r fr- ft Fax 3-7299 LC e.. EI) MAR 1 4 ?001 DATE: March 13, 2001 CLERK 80F.-CON" n o. TO: Distribution List [A c FROM: David L. Silva, Leasing Agent SUBJECT: Final Executed Leases for 1470 Enea Circle, Concord Attached for your files is a final executed lease document for Suite 1500 at 1470 Enea Circle in Concord. Also attached is a copy of the Board of Supervisors approval of this lease on February 27, 2001. Attachment Distribution List: Enea Square Partners, Lessor Clerk of the Board Auditor-Controller Employment and Human Services Department T BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contra DATE: February 27, 2001E _ Costa bounty SUBJECT. LEASE FOR THE EMPLOYMENT AND HUMAN SERVICES 1470 ENEA CIRCLE, CONCORD(CP#01-04) (WLP451) SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDATION APPROVE a Lease, commencing March 1, 2001, with Enea Square Partners, L.P., a California Limited Partnership for the premises at 1470 Enea Circle, Concord, for occupancy by the Employment and Human Services Department - Staff Development, 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 Employment and Human Services Department. III. REASONS FOR RECOMMENDATION / BACKGROUND Provide for use of classrooms and office space, as requested by the Employment and Human Services Department. SAM�WNE9�N ATTACHMENT:_X-YES SIGNATURE: eA- _!:::5ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA �, r ............. APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES:..-.,.__NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: County Adminl8tfalOr(via UNI), I HEREBY CERTIFY THAT THIS IS A TRUE county Auditor-controller(via (via UM) - AND CORRECT COPY OF AN ACT]ON TAKEN ty , AND ENTERED ON THE MINUTES OF THE BOARD Lessor(via UM) OF SUPERVISORS ON THE DATE SHOWN. Health Services(via UM) County Counsel(via UM) ATTESTED Rlsk Management(via UM) PHIL BATCHELO ERK OF THE 80AR5 OF Orlg:General Services Department-UM SUPERVISORS COUNTY ADMINISTRATOR BY, .2 r..� ` �~ ,.,DEPUTY c):\Lba$cMgt\UavckPntPloymcltt&Iluman Svcs\CONCORD\1470 L'nea Circle\boardo0cr and Icttcr.doc LEASE TABLE OF CONTENTS 1470 ENEA CIRCLE CONCORD, CALIFORNIA CONTRA COSTA COUNTY EMPLOYMENT AND HUMAN SERVICES DEPARTMENT SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES ..................................................................................................... 1 A.2. LEASE OF PREMI;SES..................!........................................................... 1 A.3. PARKING.................................................................................................... 1 A.4. TERM........................................................................................................... 2 A.5. RENT............................................................................................................ 2 A.G. OPERA"I'ING.EXPE NSE REIMBURSEMEN'1....................................... 2 A.7. UTILITIES, JANITORIAL AND AIR CONDITIONING................... 10 A.8 USE OF PREMISES................................................................................. 10 A.9. MAINTENANCE AND REPAIRS......................................................:... 10 A.10. NOTICES................................................................................................... 11 A.11. EXHIBITS AND ATTACHMENTS ....................................................... 12 A.12. WRITTEN AGREEMENT...................................................................... 12 A.13. TIME IS OF THE ESSENCE.................................................................. 12 A.14. CONTINGENCY CLAUSE..................................................................... 12 A.15. SIGNATURE BLOCK ............................................................................. 13 SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER..................................................................................... 14 B.2. HOLD HARMLESS ................................................................................. 14 B.3. ALTERA"PIONS, FIXTURES, AND SIGNS.......................................... 14 B.4. DESTRUCTION ............................... .................................................... 15 B.5. QU1 E-.T ENJOYMENT ............................................................................. 15 B.6. DEFAULTS ............................................................................................... 16 B.7. SURRENDER OF PREMISES................................................................ 17 B.8. SUCCESSORS AND ASSIGNS............................................................... 17 B.9. SEVERABILITY ....................................................................................... 17 B.10. WASTE, NUISANCE ........................................ B.11. INSPECTION............................................................................................ 18 B.12. AMERICANS WITH DISABILTIES ACT............................................ 18 .B.13. ENVIRONMENTAL REPRESENTATIONS........................................ 18 SECTION C: SPECIAL PROVISIONS C.I. ASSIGNMEN I' OR SUBLEASE............................................................. 21 C.2. SERVICE BY LESSOR............................................................................ 21 C.3. IMPROVEMENTS.................................................................................... 21 CA. SATELLITE DISH................................................................................... 22 G:\l_cascMgt\Davc\Employmcnt&Iluman Svcs\C0NC0RD\1470 Fnea Circle\Final Lease.doc Draft Version 02/13/01 4:06 I'M EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: JANITORIAL SPECIFICATIONS EXHIBIT C: PARKING LOT G:\LcaseMgt\Davc\Employmcnt&Hurnan Svcs\CONCORD\1470 Enea CircleTinal Lease.doc Draft Version 02/13/01 4:06 1'M LEASE FOR CONTRA COSTA COUNTY EMPLOYMENT AND HUMAN SERVICES 1470 ENEA CIRCLE CONCORD, CALIFORNIA SECTION A: BASIC 'TERMS AND CONDITIONS A.I. PARTIES: Effective on yAiey27,,200 ( ENEA SQUARE PARTNERS,.L.Y., a California Limited' .Partnership 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: Suite 1500, 1470 Enea Circle, Concord consisting of approximately 7,915 square feet ("Premises"), as more particularly described in Exhibit"A" which is attached hereto and incorporated herein. A.3. PARKING: COUNTY shall receive under this Lease sixteen (16) non-exclusive surface.parking stalls next to the building and as designated on Exhibit C which is attached hereto and incorporated herein by reference (the Parking Lot). In addition to the above parking, COUNTY shall receive from LESSOR thirty (30) parking passes located on nearby Water World property. COUNTY acknowledges that.these parking passes are renewed on a yearly basis with Lessor and Water World. COUNTY also acknowledges that these parking passes could be revoked at anytime by Water World or its successor. COUNTY shall be responsible for monitoring the distribution of parking passes. COUNTY and its employees and invitees shall not park their vehicles in any stall designated for the exclusive use of any other person, and COUNTY agrees to employ reasonable measures to assure that COUNTY'S employees do not park in such stalls. 1 G:\I..easeMgt\Dave\Employment&I human Svcs\C:0NC0RD\1470 r_nea Circle final Lease.doc Draft Version 02/13/01 4:06 PM COUNTY agrees to assume responsibility for compliance by its employees and invitees. If LESSOR determines COUNTY is not in compliance, LESSOR shall provide 24 hours written notice to COUNTY prior- to any action taken by LESSOR to correct the Situation and COUNTY shall during this time.try to remedy and correct the situation. At any time, LESSOR may hire a security guard to patrol and enforce the parking lot, however, said costs shall be borne by all the tenants in the building. A.4. TERM: The term of this Lease shall be for sixty-seven months (67) months, commencing March 1, 2001 and ending September 30, 2006. A.5. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental payable in advance on the first day of each month during the term of this Lease as follows: 'rime Period Monthly Rental March 1, 2001 through .February 28, 2002 $16,225.75 March 1, 2002 through February 28, 2003 $16,621.50 March 1, 2003 through February 29, 2004 $17,017.25 March 1, 2004 through February 28, 2005 $17,413.00 March 1, 2005 through February 28, 2006 $17,808.75 March 1, 2006 through September- 30, 2006 $18,204.5.0 Payments shall be mailed to: ENEA SQUARE PARTNERSHIP 1485 ENEA COURT CONCORD, CA 94520-5228 or to any other location designated by LESSOR. A.6. OPERATING EXPENSE REIMBURSEMENT. (a) COUNTY'S Obligation to Reimburse Operating Expenses: 2 G:\I.caseMgt\Dave\Employment&Human Svcs\C0NC011D\1470 Enea Circle\rinal Lease.doc Draft Version 02/13/01 4:06 PM As Additional Rent, COUNTY shall pay COUNTY'S Share (which shall be defined as 15.83%, 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 Building) of the amount (if any) by which Operating Expenses paid or incurred by LESSOR in any calendar year during the Lease Term exceeds the Operating Expense Base Arnount (Base Year 2001) (which excess is referred to herein as the "Excess Expense") for any annual period or portion hereof. 1. 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 (January-December) 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, (1) 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) 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 3 G:\I_easeMgt\Dave\Employment&.H=uman Svcs\CONCORD\1470 Enea CircleTinal Lcase.doc Draft Version 02/13/01 4:06 PM 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. 2. COUNTY shall have the right, exercisable upon reasonable prior notice to LESSOR in writing, to inspect LESSOR'S books and records relating ' to 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, including without limitation, all costs and expenses paid or incurred by LESSOiZ. (b) Operating .Expenses Defined: The term "Operating Expenses" shall mean the following: 1. All costs and expenses paid or incurred by LESSOR in connection with the operation, ownership, management, repair, maintenance, replacement and security of the property upon which the Premises are located, the improvements thereon, 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) 4 G:\LeaseMgt\Dave\ranpIoyment&I Iuman Svcs\C0NC0RD\1470 Fnea Circle\Final L.ease.doc Draft Version 02/13/01 4:06 I'M maintaining, cleaning, repairing and resurfacing the roof (including repair of leaks) and the exterior surfaces (including painting) of the Buildings (ii) maintenance of the liability, fire and property damage insurance (including, without . limitation, earthquake insurance, if applicable), covering the Building carried by LESSOR, (including the prepayment of premiums 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 stairwells, lobbies, corridors, parking lot, restrooms(includijig 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 parking lot; (vii) replacement or instal lation.of lighting fixtures, directional or other signs and signals, irrigation systems, trees, shrubs, ground cover and other plant materials, and all landscaping; and (viii) providing security; and (ix) staffing and administering (including supplies, telephones, equipment rental, payroll burden, professional fees, taxes and licenses and tenant and.broker relations) at an on-site manager's 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 da►nage caused by any Insured Peril; (iii) the cost to repair damage caused by an Uninsured Peril tip to a maxitnum amount in any 12 month period equal to 2% of the 5 G:\I_easeMgt\Dave\Employment&Human Svcs\CONCORD\1470 Enea CircleTinal t.ease.doc Draft Version 02/13/01 4:06 i'M replacement cost of the Building 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 LESSOR 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 Building; 3. Fees for management services, calculated to not exceed five percent (5%) of total Operating Expenses of the Building, rendered by either LESSOR or a third party manager engaged by LESSOR (which may be a party affiliated with LESSOR). 4. Ail additional costs and expenses incurred by LESSOR with respect to the operation, protection, maintenance, repair and replacement of the Building which would be considered a current expense (and not a capital expenditure) pursuant to generally accepted accounting principles; provided, however, that Operating Expenses shall not include any of the following: (i) payments on any loans or ground leases affecting the Building; (ii) depreciation of any Building or any major systerns of Building service equipment; (iii) leasing commissions; (iv) the cost of tenant improvements installed for the exclusive use of other tenants of the Building; (v) any cost incurred in complying with Hazardous Materials Laws and Americans with Disabilities Act ("ADA") issues; (vi) less any insurance premium refimds or amounts received from insurance claims: and (vii) less any monies or parking fees received fi-om tenants of the Building. 6 G:\I_easeMgl\Dave\Employment&human Svcs\C0NC0RD\I470 Enen CircleWinal Lease.doc Draft Version 02/13%01 4:06 PM ( c) Real Property Taxes Defined: The term "Meal Property Taxes" shall Mean all taxes, less any tax refunds, 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 Building (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 Building, the gross receipts, income, or rentals from the Building, or the use of parking areas, public utilities, or energy within the Building, or LESSOR'S business of leasing the Building. if at any time during the Lease Term the method of taxation or assessment of the Building 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 Building or LESSOR'S interest therein, or (ii) on or measured by the gross receipts, income or rentals frorn the Building, on LESSOR'S business of leasing the Building, or computed in any manner with respect to the operation of the Building, 7 O:\LeaseMgt\Dave\Employment&I ltit nan Svcs\CONCOIZIA 470 Enea Circle\Final Lease.doc Draft Version 02113/01 4:06 1'M 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 Building, then only that part of such Real Property Tax that is fairly allocable to the.Building 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 filnding 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 off-site improvements, or services, or any combination thereof as required by the City of Concord (the "City"), as a condition of approving or modifying the Building 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. (d) Amortization of Certain Capital Improvements: 8 G:\I_eascMgt\Dave\Employment&fluman Svcs\CONCOR.D\1470 Enea Circle\Final l:ease.doc Draft Version 02/13/01 4:06 PM 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 Building and the cost thereof is not reimbursable as a Operating Expense: (i) capital improvements required to be constructed in order to comply with any Law (excluding any Hazardous Materials Law) not in effect or applicable to the Building as of the Effective Date, and specif cally including the ADA, as it applies to parking lot, lobbies, restrooms, entry doors; (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 Operating Expenses of the Building; (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 Building that has been damaged by any peril to the extent the cost thereof is not covered by insurance proceeds actually recovered by LESSOR tip to a maximum amount per occurrence of 10% of the then replacement cost of the Building. The amount of Additional Rent COUNTY is to pay with respect to each such capital improvement shall be determined as follows: 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 Prime interest rate LESSOR would pay if it borrowed funds to construct such improvements from an institutional lender and LESSOR shall inform COUNTY of the monthly amortization payment required to 9 Ci:\I_caseMgt\Dave\Employment&Human Svcs\CONC'ORD\1470 Enea Circle\Final Lease.doc Draft Version 02/13/01 4:06 PM 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 Premises (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 'Perm (as it may be extended); or (ii) the end of the term over which such costs were amortized. A.7. UTILITIES, JANITORIAL AND .AIR CONDITIONING: LESSOR shall furnish all gas, electric, water, and sewer, refuse collection and janitorial services provided to the Premises. LESSOR shall furnish heating, ventilating and air conditioning for the comfortable occupancy of the Premises Monday through Friday from 7:00 a.m. to 6:00 p.m.( Business hours). Should COUNTY request additional air conditioning during non-business hours, COUNTY shall'pay $45.00 per hour. A.8 USE OF PREMISES: The Premises shall be used during the term for purposes of conducting classroom, training and office functions of COUNTY. A.9. 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 G li:\LcaseMgt\Dave\Employment&I luman Svcs\CONC0RD\1470 EneaCircI61--nal Lease.doc Draft Version 02/13/01 4:06 I'M 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. C. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and exterior lighting system in good order, condition, and repair. f. LESSOR shall provide, install and maintain, 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. 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.10. 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: Enea Square Partners 1485 Enea Court Concord, CA 94520-5228 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 11 G:\LcaseMgt\Dave\Employment&Human Svcs\C0NC0RD\1470 Enea CircleWinal Lease.doc Draft Version 02/13/01 4:06 PM A.11. EXHIBITS AND A'T'TACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, Exhibit A — Premises, Exhibit B--Janitorial Specifications, and Exhibit C—Parking Lot areattached to this Lease and are made a part hereof.. A.1.2. WRIT'T'EN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. A11 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. A.13. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.14. CONTINGENCY CLAUSE: COUNTY understands that this Lease is contingent upon LESSOR. receiving a fully executed termination agreement from the current lessee of Suite 1500 at 1.470 Enea Circle. 12 C;:\l.easeMgt\Dave\Employment&Human Svcs\C0NC0RD\1470 Enea CircleUinal Lease.doc Draft Version 02/13/01 4:06 PM A.15. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, a ENEA SQUARE PARTNERS, L.P., Political subdivision of the State of A California Limited Partnership California By By S ester F. Enea, r. Director of General Services RECOMMENDED FOR APPROV By DiVector of , i al Facilities a Debt Management By — Department Representative Employment And Human Services By Deputy General Services Director By l� Acting Lease Manager APPROVED AS TO FORM: SILVANO MARCHESI, County Counsel B IJ Y Deputy ® IA/�f 13 GALease Mgt\Dave\F,mpIoyment& Human Svcs\C0NC0RD\1470 Enea C:ircleTinal Lease.doc Draft Version 02/13/01 4:06 PM LEASE FOR CONTRA COSTA COUNTY EMPLOYMENT AND HUMAN SERVICES 1470 ENEA CIRCLE CONCORD, CALIFORNIA SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the terrn 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. Monthly rental due during said holding over period shall be ONE i-IUNDRED FIFTEEN percent (115%) of the monthly rental paid immediately prior- to the liolding over. 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 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. ALTERATIONS, FIXTURES, AND SIGNS: COUNTY may make any lawful and proper minor alterations and attach fixtures in or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prior to the 14 G:\LeaseMgt\Dave\Employment&Human Svc S\CONCORD\1470 Enea Circic\Final Lcase.doc Draft Version 02/13/01 4:06 PM termination of this Lease. Any such alterations or fixtures shall be at COUNTY's sole cost and expense, and shall meet with existing code requirements and LESSOR's approval. LESSOR shall provide and install all signs on doors and building directory signage, with COUNTY'S approval. B.4. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease frorn 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 tills 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 or the building in.which the Premises are . located shall terminate this Lease. B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the term thereof peaceably and quietly have, hold, and enjoy the Premises without suit, trouble or hindrance fi-om or on account of LESSOR as long as COUNTY fully performs hereunder. 15 GA1.easeMgt\Dave\Emp1oyment&I lurnan Svcs\CONCO RD\1470 Enea CircleUinal Lease.doc Dral-t Version 02/13/01 4:06 PM 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 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 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 16 G:\I.cascMgt\Davc\1=mployment&Human Svcs\CONCORD\1470 Cnea Circle\Final Lease.doc Draft Version 02/13/01 4:06 1'M 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 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 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 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. :\I.cascMgt\Dave\Employment&Fluman Svcs\CONCORD\1470 Enl GCircleTinal L.ease.doc Draft Version 02/0101 4:06 PM B.10. WASTE NUISANCE: 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 disturb the quiet enjoyment of any other Lessee or occupant of the Building in which the 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. 13.11. 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. 13.12. AMERICANS WITH DISABILITIES ACT: LESSOR covenants and agrees that it shall be obligated at its sole cost and expense to comply with the provisions of the ADA with respect to the Building including, without limitation, the public 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 from any claims brought by any third parties that the Building is not in compliance with the ADA, excluding therefrom any claims brought as the result of COUNTY'S failure to comply with its obligations tinder ADA as provided herein. 13.1.3. ENVIRONMENTAL REPRESENTATIONS: 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. 18 G:\LeaseMgt\Dave\Employment&Human Svcs\CONCORD\1470 Enea Circle\Fnal Lease.doc Draft Version 02/13/01 4:06 PM 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 responsibility for cleanup or other 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 Term 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 containing products, to the disposal, treatment, storage or managernent of solid or other hazardous wastes or to exposure to toxic or hazardous materials, to the handling, trail spoi-tation, discharge 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 the 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 19 G:\LcascMgt\Dave\Gnployment& I funian Svcs\CONCORD\1470 linea-CircicTinal Lease.doc Drali Version 02/13/01 4:06 PM other actions with respect to the release or threatened release of hazardous substances and any state nuisance statue. } 20 G:\LeaseMgt\Dave\Employment&Human Svcs\CONCORI)\1470 Enea Circle\Final Lease.doc Drall Version 02/13/01 4:06 I'M LEASE FOR CONTRA COSTA COUNTY EMPLOYMENT AND HUMAN SERVICES 1470 ENEA CiRCLE CONCORD, 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 with LESSOR'S written consent which shall not be unreasonably withheld. C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide janitorial services as shown on Exhibit "B" attached hereto and made a part hereof and certain repairs, maintenance, construction, remodeling or like services as requested by COUNTY from time to time during the term of this Lease. 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 janitorial service from time to time by giving LESSOR thirty (30) days' prior written notice, including the right to terminate any or all janitorial service, or to require different contractors to provide the service. C.3. IMPROVEMENTS: LESSOR warrants and guarantees that to the best of leis knowledge the mechanical systems, electrical, air conditioning units, lighting and plumbing to the Premises are in good working order on the commencement date of this Lease. Should COUNTY find that items of this nature are not working properly, 21 G:\LeaseMgt\Dave\Employment&Human Svcs\CONCORD\1470 Fnea Circle\rinal Lease.doc Draft version 02/13/01 4:06 PM COUNTY will notify LESSOR in a timely manner. Lessor will ascertain the problern and correct immediately. COUNTY accepts the Premises in its current condition. COUNTY has requested the Premises be painted by LESSOR prior to the commencement date of this Lease. COUNTY has agreed to pay LESSOR FIVE THOUSAND FOUR HUNDRED FIFTY DOLLARS ($5,450.00) for this work. Should COUNTY want to perform any improvements, LESSOR agrees that COUNTY may select and use its own contractors, subject to LESSOR'S approval, which will not be unreasonably withheld. COUNTY may request that LESSOR make improvements per plans submitted by COUNTY. in this case, LESSOR shall submit a bid based on plans by COUNTY and COUNTY shall either approve or request a modification. In either case, COUNTY retains final approval of selecting a contractor for any improvements. CA. SATELLITE DISH: COUNTY shall be allowed to install a satellite dish on the building, at COUNTY'S own expense, during the Lease tern. The location and size of the satellite dish shall be subject to the approval of LESSOR and the City of Concord. COUNTY'S satellite dish shall not interfere with the communication equipment of any other tenant in the building. If after installation, COUNTY'S satellite dish does create interference with other building operations or other tenants' communications, COUNTY shall make such repairs, at its sole expense, as may be necessary to eliminate such interference or shall terminate its use of the satellite dish. Any penetration of the roof by COUNTY'S satellite dish must be approved by LESSOR and performed by a contractor approved by LESSOR. Upon termination of the Lease, the effected portion of the building roof shall be restored to its original condition by a roofing contractor, approved by LESSOR, at COUNTY'S sole cost and expense. LESSOR shall not have any obligations with respect to the satellite dish nor shall LESSOR be responsible for any damage that may be caused to COUNTY or the satellite dish-by any other tenant in the building. 22 G:\LeaseMgt\Dave\Employment&Human Svcs\C0NC0RD\1470 Fnea CircleTinal Lease.doc Draft Version 02/13/01 4:06 I'M EXHIBIT "A" I_ -- . _ -- ------ - - -- - I I m sl !I m1, -- - Al _....... . - .... m I I i N 1 I i i m I � Z I 2 V "T � I m `r m I � z In Tic I I EXHIBIT B JANITORIAL SERVICE; SPECIFICA"CI.ONS Suite 1500, 1.470 ..Enea Circle, Concord DAILY SERVICES 1. Dust 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 cat-pets thoroughly throughout the premises. 2. Dust 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 A/C diffusers, air vents and exhaust fans. 2. Dust vertical Strrfaces(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 broorn clean and landscaping free of.debris within a 12-foot area from the perimeter of the building. Janitorial Specs.doc G:\LcaseMgt\Dave\Enrp1oynient&Human Svcs\CONCORD\1470 Gnea Circle\rinal Lease.doc Draft Version 02/13/01 4:06 PM ExNSB`t o�� Ove � E'�ea cm v = I Y C d' W T" Parking Q