HomeMy WebLinkAboutMINUTES - 01162001 - C46-C50 AGENDA DATE January 16, 2001 ITEM NO. C.46
BACKGROUND NOT AVAILABLE AT THE TIME
AGENDA PACKET COMPILED
INFORMATION FOR. THIS ITEM PREVIOUSLY
FURNISHED
ORAL REPORT TO BE GIVEN AT BOARD MEETING
ERROR IN NUMBERING AGENDA ITEM
X DELETED
DOCUMENTS ON FILE WITH CLERK.
PUBLIC COMMENT
TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director Contra
By: Ginger Marieiro, Contracts Administrator
DATE: December 27, 2000 Co Costa
to
unty
SUBJECT: Approval of Contract #27-497 with Medi-Quest Staffing Service
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS)
.Approve and authorize the Health Services Director, or his designee
(Milt Camhi) , to execute on behalf of the County, Contract #27-497
with Medi-Quest Staffing Service in an amount not to exceed $45, 000,
for the period from September 1,2000 through August 31, 2001, for
temporary medical records technicians for the Contra Costa Health
Plan. .
FISCAL IMPACT:
This Contract is funded by Contra Costa Health Plan (Health Plan)
member premiums.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S) :
For several years the County has contracted with registries to
provide temporary personnel for assistance during peak loads,
temporary absences and emergency situations in critical areas. The
Contra Costa Health Plan is required by State regulations to
maintain accurate patient accounting. Due to a temporary staffing
shortage this Contract is necessary to provide temporary medical
records technicians while permanent placement is in progress.
Under Contract #27-497, Medi-Quest Staffing Service will provide
medical records technicians for .the Health Plan, through August 31,
2001 .
CONTINUED Qtj ATTACHMENT: YES
s
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
t TO: BOARD OF SUPERVISORS '
FROM: Barton J. Gilbert, Director of General Services onra
Costa
DATE: January 16, 2001 County
SUBJECT: ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT
AGREEMENT FOR 2450 STANWELL DRIVE, CONCORD BLDGS. T00596 & T00514
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1.
RECOMMENDATION
APPROVE an Estoppel, Consent, Subordination, Nondisturbance and Attornment Agreement
dated as of January 8, 2001 with CNL Commercial Finance, Inc. for the premises at 2450
Stanwell Drive, Suites 260 and 270, Concord, California AUTHORIZE the Chair of the Board of
Supervisors to EXECUTE said Agreement on behalf of the County.
II. FINANCIAL IMPACT
No financial impact.
III. REASONS FOR RECOMMENDATIONIBA KGROUND
The Agreement protects the County's interest in the property at 2450 Stanwell Drive, Suites 260
and 270, Concord.
CONTINUED ON ATTACHMENT: " YES SIGNATURE: �?
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOAR ON #_ APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT A c'i" ,6, )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
AND ON TAKEN
County Auditor-Controller(via UM) AND ENTRERED RECT C HE MINUTES FY OF AN IOF THE BOARD
CNL,Commercial Finance,Inc. (via UM) OF SUPERVISO ON THE DATE SHOWN.
Orig: General Services Department-UM
ATTESTED ?'
PHIL BATCHELO LERK Of a THE BOARD OF
SUPERVISORS ND COUNTY ADMINISTRATOR
BY ¢" x° '" DEPUTY
BJ 0M.,8.bu i.Ag,Ad
GENERAL SERVICES DEPARTMENT
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: January 9, 2001
TO: Phil Batchelor, County Administrator
k"&
FROM: etBarton J. Gilbert, Director of Generalervices
SUBJECT: Agenda: Estoppel, Consent, Subordination, Nondisturbance and
Attornment Agreement--- 2450 Stanwell Drive, Suites 260 & 270, Concord
Bldg. No. 596 & 514
(1-16-01)
An Estoppel, Consent, Subordination, Nondisturbance and Attornment Agreement has been
requested by the lender for the subject property in order to finance the property. This
Agreement will protect the County's interest in the property.
OCCUPANT: Health Services and Community Services departments
ADDRESS: 2450 Stanwell Drive, Suites 260 & 270, Concord
BJG:CGB
Agenda Itm Subordination Agr.doc
cc: Virginia Voelkel,Lee&Associates
General Services Department
Kathy Brown
Carol Chan
Terry Mann
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CNL Commercial Finance, Inc.
26137 La Paz Road, Suite 102
Mission Viejo, CA 92691
_--------------_--_..-----—----------- ABOVE THIS LINE FOR RECORDER'S USE-------
ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT
NOTICE: THIS ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT RESULTS IN
THE LEASEHOLD ESTATE IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME
OTHER OR LATER SECURITY INSTRUMENT.
THIS ESTOPPEL, CONSENT, SUBORDINATION NONDISTURBANCE AND ATTORNMENT
AGREEMENT (the "Agreement") is made and executed as of the 8t" day of January , 2001, by and
between CNL COMMERCIAL FINANCE INC. ("Lender"), and Contra Costa County
90we w- ("Tenant").
WHEREAS, Tenant has previously executed one or more unrecorded Leases, dated August 15, 2000 ,
with D.E.I. #Two, LLC , as original Landlord, subsequently assigned to Michael C. Scranton as
"Landlord", as at any time amended (the "Lease"), which Lease relates to and encumbers a portion of that certain
real property located in Contra Costa County, State of California, together with certain improvements now or
subsequently located thereon (the "Property") which Property is more particularly described as:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
APN: 112-260-022
AKA: 2450 Stanwell Drive Concord California 94520
Specifically, the leased premises are described as: 2450 Stanwell Drive Suite#260 Concord California 94520
WHEREAS, on the condition that all of Tenant's rights in the Property and the Lease (the "Lease Rights")
be subordinated as provided below, Lender has agreed to make a mortgage loan (the "Loan")to Landlord, in the
principal amount of$ 1,997.500.00 to provide long term financing for the Property. In connection with the
Loan, Landlord has or will be executing a Promissory Note and Deed of Toast with Assignment of Rents, and certain
other documents required by Lender to evidence and/or secure Landlord's obligations under the Loan (as at any
time amended or supplemented, the "Loan Documents").
NOW, THEREFORE, in consideration of Lender's making the Loan to Landlord, the mutual covenants and
conditions contained in this Agreement, and for other good and valuable consideration the receipt and sufficiency
of which are acknowledged by Lender and Tenant, Lender and Tenant agree as follows:
i
1. Consent and Representations. Tenant consents to the assignment of the Lease to Lender to secure
Landlord's payment of the Loan and Landlord's other obligations under the Loan Documents. Furthermore, Tenant
does hereby warrant and represent that:
(a) The Lease is the valid and binding obligation of Tenant, Tenant is not in default under the
Lease, and Tenant is not aware of any default by Landlord under the Lease;
(b) No amendments, modifications, or alterations have been made to the Lease except the
amendment dated Not Applicable ;
(c) Neither Tenant nor Landlord shall agree to any mutual termination, amendment, or
modification or renewal of the Lease without the prior written consent of Lender;
(d) Tenant shall give Lender prompt written notice of any default by Landlord under the Lease
which notice shall specify the nature of the default;
(e) That notwithstanding anything to the contrary in the Lease, should any default under the
Lease occur, Lender shall have sixty (60) days after the receipt of such notice from Tenant, and at the option of
the Lender, to cure such default of Landlord. Or, if the nature of the default is such that it cannot reasonably be
cured within such sixty (60) day period, such longer period as is reasonably necessary to cure such default of
Landlord;
(f) All rights of Tenant to terminate the Lease as a result of the occurrence of an event of default
thereunder are subject to and conditioned upon Tenant's having first given Landlord written notice of and an
opportunity to cure such default as specified herein;
(g) No rent has been pre-paid under the Lease at this time;
(h) The commencement date of the Lease is The term of the L•zase X fvf
a period of t 1 years, expiring
(i) The amount of dollars ($ )
is held by Landlord as a security deposit; and
(j) Tenant agrees not to assign, transfer, mortgage, or otherwise encumber the Lease Rights
or any interest therein. Tenant further agrees not to sublet the Property or any part thereof, without the prior written
consent of Lender and any attempt to do so without such consent shall be void as to Lender.
(k) Lender is under no obligation or duty to see to the application of such proceeds by the
persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other
than there provided for in such agreements shall not defeat the subordination herein made in whole or in part.
2. Non-Disturbance. If Lender or any successor shall succeed to the interest of Landlord by
foreclosure, deed in lieu thereof or otherwise, so long as Tenant is not in default(after expiration of any applicable
grace period) under the Lease, (a) the Lease shall be deemed to remain in full force and effect as a direct lease
between Lender (or its successor) and Tenant, with the same force and effect as if originally entered into with
Lender(or its successor); and (b) Tenant's possession of the Property and Tenant's rights and privileges under
the Lease shall not be diminished, interfered with or disturbed by Lender (or its successor) after Lender (or its
successor) succeed to the interests of Landlord by foreclosure, deed in lieu thereof or otherwise (subject to the
provisions of section 3 below).
3. Certain Lender Protections. Notwithstanding the provisions of Section 2 above or the Lease, if
Lender(or its successor) shall succeed to the interest of Landlord under the Lease, Tenant agrees as follows: (a)
Lender(or its successor) shall not be: (i) subject to any credits, offsets, defenses, claims or counterclaims which
Tenant might have against Landlord (or its successor), nor liable for any act, omission, breach or default of
Landlord (or its successor); (ii) bound by any rent or additional rent which Tenant shall have paid more than one
2
(1) month in advance to Landlord (or its successor); (iii) bound by any covenant to undertake or complete any
improvement to the Premises or the Property; (iv) bound by any amendment or modification to the Lease, or waiver
of any provision of the Lease, which has not been consented to in writing by Lender(or its successor), other than
any amendment or modificatiorr which does not materially and adversely affect the value of the Property, the Lease
or the cash flows therefrom; or(v) liable for the return of any security deposit made by Tenant unless Lender(or
its successor) shall have actually received such security deposit. Upon transfer or assignment of the Property by
Lender(or its successor), Lender(or its successor) shall be deemed automatically released from any and all liability
under the Lease.
4. No Personal Liability. This Agreement is not intended to create and shall not be deemed to create
any personal liability on the part of Tenant for repayment of or otherwise in connection with the Loan.
5. Subordination to Loan Documents and Liens. The Lease Rights are hereby made subject,
subordinate, inferior, and junior to the Loan Documents, and all liens and security interests of Lender in the property
and to all sums advanced on the security of the Loan Documents, including all sums advanced or costs incurred
in connection with the Loan Documents or the Loan. The Lease Rights are hereby subordinated to the Loan
Documents and all liens and security interests of Lender in the property the same and as fully as if the Loan
Documents had been executed and delivered (and recorded, where applicable) prior to execution, delivery and filing
of the Lease.
6. Attomment. Tenant shall attom to and recognize any purchaser at a foreclosure sale under the
Deed of Trust, any transferee who acquires the Property by deed in lieu of foreclosure, and the successors and
assigns of such purchasers, as its landlord for the unexpired balance (and any extensions, if exercised) of the term
of the Lease upon the same terms and conditions set forth in the Lease.
7. Successors. This Agreement is and shall be binding upon and shall inure to the benefit of Tenant,
Lender and their respective successors and assigns.
NOTICE. THIS ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT CONTAINS A
PROVISION WHICH ALLOWS THE LANDLORD TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER
PURPOSES THAN IMPROVEMENT OF THE LAND.
EXECUTED as of the day and year first above written.
LENDER:
CNL Commercial Finance, Inc.
By:
TENANT:
Contra Costa County
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
3
EXHIBIT "A"
PARCEL ONE:
Parcel A, as said Parcel is shown on the Record of Survey Map, filed November 8, 1972, in Book 55
of Licensed Surveyor's Maps, Page 27, Contra Costa County Records.
EXCEPTING THEREFROM:
1. An undivided 112 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral
substances below a point 500 feet below the surface of said real property, together with the right to
take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and
minerals, as reserved in the Deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as
to an undivided 116 interest;and George Bisso, Edith 1. B. Firpo, Louise Minns and Rose Caperton, each
as to an undivided 118 Interest and recorded September 1, 1971, in Book 6468, Page 805, Official
Records, Instrument No. 74993.
2. All that land described in the Deed from Irving Lutz, at at, to Duffel Financial and Construction
Company, recorded June 28, 1978, in Book 8899, Page 42, Official Records.
PARCEL TWO:
The easement granted in the Deed to Irving Lutz, at at, recorded August 10, 1978, in Book 8961,
Official Records, Page 292, as follows:
An easement appurtenant to Parcel One above, for ingress and egress over a jmcdon of Parcel "B", as
shown on the Parcel Map, filed April 16, 1976, in Book 44 of Parcel Maps, Page 20, Contra Costa
County Records, described as follows:
Commencing at the most easterly comer of said Parcel "B" (44 P.M.20) said corner being on the
westerly right of way line of Bisso Lane; thence along the easterly line of said Parcel "B" (44 P.M.20)
North 051 57'48" West, 87.50 feet to the true point of beginning of this description;thence from said
true point of beginning leaving the westerly right of way line of Bisso Lane South 841 27' 38" West,
197.32 feet; thence North 751 34' 13" West, 24.00 feet;thence North 141 25'47" East, 65.18 feet;
thence North 751 34' 13" West, 21.00 feet; thence North 141 25' 47" East, 7.00 feet; thence South
751 34' 13" East 45.00 feet;thence South 141 25' 47" West, 46.65 feet;thence North 84° 27' 38"
East, 188.43 feet to the westerly right of way line of Bisso Lane, being the easterly line of Parcel "B"
(44 P.M. 20); thence along said easterly tine of Parcel "B" (44 P.M. 20) South 051 57' 48" East,
24.00 feet to the true point of beginning of this description.
INITIAL
HERE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- - _ - -
State of California
ss.
County of
On , before me,
Date Name and Title of Officer(e.g.,"Jane doe,Notary Public")
personally appeared
Name(s)of Signer(s)
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or ?
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Place Notary Seal Above Signature of Notary Publici
OPTIONAL
Though the information below is not required by law, it may prove valuable toersons re!Y 9 in on the document
p
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
����
Document Date: Number of Pages:
Signer(s)Cather Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate officer - Title(s):
❑ Partner—❑ l=imited ❑General
❑ Attorney in Fact
Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing:
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 J Reorder:Call Toll-Free 1-800.878-8827
CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
On , before me,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared
Name(s)of Signer(s) h
E] personally known to me
11 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by hislher/their
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal_
p �,• C
Place Notary Seal Above Signature of Notary Public
• �irMq•
OPTIONAL •'
Though the information below is not required bylaw,it may prove valuable to persons relying on the document r
and could prevent fraudulent removal and reattachment of this form to another document. `
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
07 Individual Top of thumb here
E] Corporate Officer--Title(s):
Partner—❑ Limited [I General
0 Attorney in Fact
0 Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-8827
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CNL Commercial Finance, Inc.
26137 La Paz Road, Suite 102
Mission Viejo, CA 92691
_—-------------------------__ --_------SPACE ABOVE THIS LINE FOR RECORDER'S USE--------
ESTOPPEL CONSENT SUBORDINATION NONDISTURBANCE AND ATTORNMENT AGREEMENT
NOTICE: THIS ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT RESULTS IN
THE LEASEHOLD ESTATE IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME
OTHER OR LATER SECURITY INSTRUMENT.
THIS ESTOPPEL, CONSENT, SUBORDINATION NONDISTURBANCE AND ATTORNMENT
AGREEMENT (the "Agreement") is made and executed as of the 8h day of January 2001, by and
between CNL COMMERCIAL FINANCE INC. ("Lender"), and Contra Costa County
# r��lrr~errir ("Tenant").
WHEREAS, Tenant has previously executed one or more unrecorded Leases, dated June-24,1997 ,
with Development Enterprises Inc. n/k/a D.E.I. #Two. LLC , as original Landlord, subsequently assigned to
Michael C. Scranton as"Landlord", as at anytime amended (the"Lease"), which Lease relates to and encumbers
a portion of that certain real property located in Contra Costa County, State of California, together with certain
improvements now or subsequently located thereon (the"Property"), which Property is more particularly described
as:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
APN: 112-260-022
AKA: 2450 Stanwell Drive Concord California 94520
Specifically, the leased premises are described as: 2450 Stanwell Drive, Suite#270, Concord, California_94520
WHEREAS, on the condition that all of Tenant's rights in the Property and the Lease (the "Lease Rights")
be subordinated as provided below, Lender has agreed to make a mortgage loan (the "Loan")to Landlord, in the
principal amount of$ 1,997,500.00 to provide long term financing for the Property. In connection with the
Loan, Landlord has or will be executing a Promissory Note and Deed of Trust with Assignment of Rents, and certain
other documents required by Lender to evidence and/or secure Landlord's obligations under the Loan (as at any
time amended or supplemented, the "Loan Documents").
NOW, THEREFORE, in consideration of Lender's making the Loan to Landlord, the mutual covenants and
conditions contained in this Agreement, and for other good and valuable consideration the receipt and sufficiency
of which are acknowledged by Lender and Tenant, Lender and Tenant agree as follows:
1
1. Consent and Reoresentations. Tenant consents to the assignment of the Lease to Lender to secure
Landlord's payment of the Loan and Landlord's other obligations under the Loan Documents. Furthermore, Tenant
does hereby warrant and represent that:
(a) The Lease is the valid and binding obligation of Tenant, Tenant is not in default under the
Lease, and Tenant is not aware of any default by Landlord under the Lease;
(b) No amendments, modifications, or alterations have been made to the Lease except the
amendment dated Not Applicable ;
(c) Neither Tenant nor Landlord shall agree to any mutual termination, amendment, or
modification or renewal of the Lease without the prior written consent of Lender;
(d) Tenant shall give Lender prompt written notice of any default by Landlord under the Lease
which notice shall specify the nature of the default;
(e) That notwithstanding anything to the contrary in the Lease, should any default under the
Lease occur, Lender shall have sixty (60) days after the receipt of such notice from Tenant, and at the option of
the Lender, to cure such default of Landlord. Or, if the nature of the default is such that it cannot reasonably be
cured within such sixty (60) day period, such longer period as is reasonably necessary to cure such default of
Landlord;
(f) All rights of Tenant to terminate the Lease as a result of the occurrence of an event of default
thereunder are subject to and conditioned upon Tenant's having first given Landlord written notice of and an
opportunity to cure such default as specified herein;
(g) No rent has been pre-paid under the Lease at this time;
(h) The commencement date of the Lease is The term of the Lease isf&
a period of ( )years, expiring . . . . . . . .
(i) The amount of dollars ($ )
is held by Landlord as a security deposit; and
0) Tenant agrees not to assign, transfer, mortgage, or otherwise encumber the Lease Rights
or any interest therein. Tenant further agrees not to sublet the Property or any part thereof, without the prior written
consent of Lender and any attempt to do so without such consent shall be void as to Lender.
(k) Lender is under no obligation or duty to see to the application of such proceeds by the
persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other
than there provided for in such agreements shall not defeat the subordination herein made in whole or in part.
2. Non-Disturbance. If Lender or any successor shall succeed to the interest of Landlord by
foreclosure, deed in lieu thereof or otherwise, so long as Tenant is not in default (after expiration of any applicable
grace period) under the Lease, (a)the Lease shall be deemed to remain in full force and effect as a direct lease
between Lender (or its successor) and Tenant, with the same force and effect as if originally entered into with
Lender(or its successor); and (b)Tenant's possession of the Property and Tenant's rights and privileges under
the Lease shall not be diminished, interfered with or disturbed by Lender (or its successor) after Lender (or its
successor) succeed to the interests of Landlord by foreclosure, deed in lieu thereof or otherwise (subject to the
provisions of section 3 below).
3. Certain Lender Protections. Notwithstanding the provisions of Section 2 above or the Lease, if
Lender(or its successor)shall succeed to the interest of Landlord under the Lease, Tenant agrees as follows: (a)
Lender(or its successor)shall not be: (i) subject to any credits, offsets, defenses, claims or counterclaims which
Tenant might have against Landlord (or its successor), nor liable for any act, omission, breach or default of
Landlord (or its successor); (ii) bound by any rent or additional rent which Tenant shall have paid more than one
2
(1).month in advance to Landlord (or its successor); (iii) bound by any covenant to undertake or complete any
improvement to the Premises or the Property; (iv) bound by any amendment or modification to the Lease, or waiver
of any provision of the Lease, which has not been consented to in writing by Lender(or its successor), other than
any amendment or modification which does not materially and adversely affect the value of the Property, the Lease
or the cash flows therefrom; or(v) liable for the return of any security deposit made by Tenant unless Lender(or
its successor) shall have actually received such security deposit. Upon transfer or assignment of the Property by
Lender(or its successor), Lender(or its successor)shall be deemed automatically released from any and all liability
under the Lease.
4. No Personal Liability. This Agreement is not intended to create and shall not be deemed to create
any personal liability on the part of Tenant for repayment of or otherwise in connection with the Loan.
5. Subordination to Loan Documents and Liens. The Lease Rights are hereby made subject,
subordinate, inferior, and junior to the Loan Documents, and all liens and security interests of Lender in the property
and to all sums advanced on the security of the Loan Documents, including all sums advanced or costs incurred
in connection with the Loan Documents or the Loan. The Lease Rights are hereby subordinated to the Loan
Documents and all liens and security interests of Lender in the property the same and as fully as if the Loan
Documents had been executed and delivered (and recorded,where applicable) prior to execution, delivery and filing
of the Lease.
6. Attomment. Tenant shall attorn to and recognize any purchaser at a foreclosure sale under the
Deed of Trust, any transferee who acquires the Property by deed in lieu of foreclosure, and the successors and
assigns of such purchasers, as its landlord for the unexpired balance (and any extensions, if exercised) of the term
of the Lease upon the same terms and conditions set forth in the Lease.
7. Successors. This Agreement is and shall be binding upon and shall inure to the benefit of Tenant,
Lender and their respective successors and assigns.
NOTICE: THIS ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT CONTAINS A
PROVISION WHICH ALLOWS THE LANDLORD TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER
PURPOSES THAN IMPROVEMENT OF THE LAND.
EXECUTED as of the day and year first above written.
LENDER:
CNL Commercial Finance, Inc.
BY:
TENANT:
Contra Costa County
/4BIK
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
3
' EXHIBIT "A"
PARCEL ONE:
Parcel A, as said Parcel is shown on the Record of Survey Map, filed November 8, 1972, in Book 55
of Licensed Surveyor's Maps, Page 27, Contra Costa County Records.
EXCEPTING THEREFROM:
1. An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral
substances below a point 500 feet below the surface of said real property, together with the right to
take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and
minerals, as reserved in the Deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as
to an undivided 1/8 interest; and George Bisso, Edith 1. B. Firpo,Louise Minns and Rose Caperton, each
as to an undivided 1/8 interest and recorded September 1, 1971, in Book 6468, Page 805, Official
Records, Instrument No. 74993.
2. All that land described in the Deed from Irving Lutz, at al, to Duffel Financial and Construction
Company, recorded June 28, 1978, in Book 8899, Page 42, Official Records.
PARCEL TWO:
The easement granted in the Deed to Irving Lutz, at al, recorded August 10, 1978, in Book 8961,
Official Records, Page 292, as follows:
An easement appurtenant to Parcel One above, for ingress and egress over a.pordon of Parcel "B", as
shown on the Parcel Map, filed April 16, 1976, in Book 44 of Parcel Maps, Page 20, Contra Costa
County Records, described as follows:
Commencing at the most easterly comer of said Parcel "B" (44 P.M.2O) said corner being on the
westerly right of way line of Bisso Lane; thence along the easterly line of said Parcel "B" (44 P.M.2O)
North 05° 57'48"West, 87.50 feet to the true point of beginning of this description;thence from said
true point of beginning leaving the westerly right of way line of Bisso Lane South 840 27' 38" West,
197.32 feet; thence North 750 34' 13"West, 24.00 feet;thence North 140 25'47" East,65.18 feet;
thence North 750 34' 13"West, 21.00 feet;thence North 1410 25' 47" East, 7.00 feet; thence South
751 34' 13" East 45.00 feet;thence South 140 25' 47" West, 48.65 feet;thence North 840 27' 38"
East, 188.43 feet to the westerly right of way line of Bisso Lane, being the easterly line of Parcel "B"
(44 P.M. 20); thence along said easterly line of Parcel "B" (44 P.M. 20) South 050 57' 48" East,
24.00 feet to the true point of beginning of this description.
INIMAL
HERE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t
State of California
County of ss.
r
On before me,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public')
personally appeared
Name(s)of Signer(s)
❑ personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal. �
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
h
Document Date: plumber of Pages: ?
Signer(s)Other Than Named Above:
Capacity(leis) Claimed by Signer
E't
Signer's Name:
Individual Tap of thumb here
L7 Corporate Officer---Title(s):
Ea Partner--Ci Limited ❑General
u Attorney in Fact
7.Trustee
Guardian or Conservator
C] Other:
Signer Is Representing:
0 1997 National Notary Association•9350 tae Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder:Call Toil-Free 1-800-878-862
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On before me,
Date Name and Title of Officere.
( g.,"Jana Doe,Notary Public")
personally appeared
Names)of Signer(s)
personally known to me
7 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seat Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ;
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: � (
D Individual Top of thumb here
C Corporate Officer--Title(s):
C Partner—Cl Limited ❑ General
C Attorney in Fact
C, Trustee
11 Guardian or Conservator
0 Other:
Signer Is Representing:
01997 National Notary Association•9350 De Soto Ave.,P.O.Sox 2402"Chatsworth,CA 91313-2402 _ Prod,No.5907 Reorder.Call Toil-Free 1-600.876-8927
Rec6RDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CNL Commercial Finance, Inc.
26137 La Paz Road, Suite 102
Mission Viejo, CA 92691
_ -----------------~_
--------------SPACE ABOVE ABOVE THIS LINE FOR RECORDER'S USE------
ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT
NOTICE: THIS ESTOPPEL, CONSENT, SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT RESULTS IN
THE LEASEHOLD ESTATE IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME
OTHER OR LATER SECURITY INSTRUMENT.
THIS ESTOPPEL, CONSENT, SUBORDINATION NONDISTURBANCE AND ATTORNMENT
AGREEMENT(the "Agreement") is made and executed as of the 6th day of January , 2001, by an
between CNL COMMERCIAL FINANCE INC. ("Lender"), and Contra Costa County-
Be ("Tenant").
WHEREAS, Tenant has previously executed one or more unrecorded Leases, dated_ June 24, 1997 ,
with_ Development Enterprises Inc. n/k/a D.E.I.#Two LLC , as original Landlord, subsequently assigned to
Michael C. Scranton as"Landlord", as at any time amended (the"Lease"), which Lease relates to and encumbers
a portion of that certain real property located in Contra Costa County, State of California, together with certain
improvements now or subsequently located thereon (the"Property"), which Property is more particularly described
as:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
APN: 112-260-022
AKA: 2450 Stanwell Drive Concord California 94520
Specifically,the leased premises are described as: 2450 Stanwell Drive,Suite#270 Concord California 94520
WHEREAS, on the condition that all of Tenant's rights in the Property and the Lease (the "Lease Rights")
be subordinated as provided below, Lender has agreed to make a mortgage loan (the "Loan")to Landlord, in the
principal amount of$_ 1,997,500.00 to provide Iona term financing for the Property. In connection with the
Loan, Landlord has or will be executing a Promissory Note and Deed of Trust with Assignment of Rents, and certain
other documents required by Lender to evidence and/or secure Landlord's obligations under the Loan (as at any
time amended or supplemented, the"Loan Documents").
NOW, THEREFORE, in consideration of Lender's making the Loan to Landlord, the mutual covenants and
conditions contained in this Agreement, and for other good and valuable consideration the receipt and sufficiency
of which are acknowledged by Lender and Tenant, Lender and Tenant agree as follows:
i
1. Consent and Representations. Tenant consents to the assignment of the Lease to Lender to secure
Landlord's payment of the Loan and Landlord's other obligations under the Loan Documents. Furthermore,Tenant
does hereby warrant and represent that:
(a) The Lease is the valid and binding obligation of Tenant, Tenant is not in default under the
Lease, and Tenant is not aware of any default by Landlord under the Lease;
(b) No amendments, modifications, or alterations have been made to the Lease except the
amendment dated Not Applicable ;
or any 40
(c) Neither Tenant nor Landlord shall agree to any mutual term ination�material cliange in any
amendment, modification or renewal of the Lease without the prior written consent of Lender:
(d) Tenant shall give Lender prompt written notice of any default by Landlord under the Lease
which notice shall specify the nature of the default;
(e) That notwithstanding anything to the contrary in the Lease, should any default under the
Lease occur, Lender shall have sixty(60)days after the receipt of such notice from Tenant, and at the option of
the Lender, to cure such default of Landlord. Or, if the nature of the default is such that it cannot reasonably be
cured within such sixty (60) day period, such longer period as is reasonably necessary to cure such default of
Landlord;
(f) All rights of Tenant to terminate the Lease as a result of the occurrence of an event of default
thereunder are subject to and conditioned upon Tenant's having first given Landlord written notice of and an
opportunity to cure such default as specified herein;
(g) No rent has been prepaid under the Lease at this time;
(h) The commencement date of the Lease is July 1, 1997 . The term of the Lease is for
a period of five ( 5 )years, expiring June 30. 2002
(i) The amount of none dollars ($ )
is held by Landlord as a security deposit; and
(j) Tenant agrees not to assign, transfer, mortgage, or otherwise encumber the Lease Rights
or any interest therein. Tenant further agrees not to sublet the Property or any part thereof,without providing written
notice to Lender.
(k) Lender is under no obligation or duty to see to the application of such proceeds by the
persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other
than there provided for in such agreements shall not defeat the subordination herein made in whole or in part.
2. Non-Disturbance. if Lender or any successor shall succeed to the interest of Landlord by
foreclosure, deed in lieu thereof or otherwise,so long as Tenant is not in default (after expiration of any applicable
grace period) under the Lease, (a)the Lease shall be deemed to remain in full force and effect as a direct lease
between Lender (or its successor) and Tenant, with the same force and effect as if originally entered into with
Lender(or its successor); and (b)Tenant's possession of the Property and Tenant's rights and privileges under
the Lease shall not be diminished, interfered with or disturbed by Lender (or its successor) after Lender (or its
successor) succeed to the interests of Landlord by foreclosure, deed in lieu thereof or otherwise (subject to the
provisions of section 3 below).
3. Certain Lender Protections. Notwithstanding the provisions of Section 2 above or the Lease, if
Lender(or its successor)shall succeed to the interest of Landlord under the Lease,Tenant agrees as follows: (a)
Lender(or its successor) shall not be: (i) subject to any credits, offsets, defenses, claims or counterclaims which
Tenant might have against Landlord (or its successor), nor liable for any act, omission, breach or default of
Landlord (or its successor); (ii) bound by any rent or additional rent which Tenant shall have paid more than one
2
(�} month in*advance to Landlord (or its successor); (iii) bound by any covenant to undertake or complete any
improvement to the Premises or the Property, (iv)bound by any amendment or modification to the Lease, or waiver
of any provision of the Lease,which has not been consented to in writing by Lender(or its successor), other than
any amendment or modification which does not materially and adversely affect the value of the Property,the Lease
or the cash flows therefrom; or{v} liable for the return of any security deposit made by Tenant unless Lender(or
its successor)shall have actually received such security deposit. Upon transfer or assignment of the Property by
Lender(or its successor), Lender(or its successor)shall be deemed automatically released from any and all liability
under the Lease.
4. No Personal Liability. This Agreement is not intended to create and shall not be deemed to create
any personal liability on the part of Tenant for repayment of or otherwise in connection with the Loan.
6. Subordination to Loan Documents and Liens. The Lease Rights are hereby made subject,
subordinate, inferior, and junior to the Loan Documents,and all liens and security interests of Lender in the property
and to all sums advanced on the security of the Loan Documents, including all sums advanced or costs incurred
in connection with the Loan Documents or the Loan. The Lease Rights are hereby subordinated to the Loan
Documents and all liens and security interests of Lender in the property the same and as fully as if the Loan
Documents had been executed and delivered(and recorded,where applicable)prior to execution,delivery and filing
of the Lease.
6. Attornment. Tenant shall attom to and recognize any purchaser at a foreclosure sale under the
Deed of Trust, any transferee who acquires the Property by deed in lieu of foreclosure, and the successors and
assigns of such purchasers, as its landlord for the unexpired balance(and any extensions, if exercised)of the term
of the Lease upon the same terms and conditions set forth in the Lease.
7. Successors. This Agreement is and shall be binding upon and shall inure to the benefit of Tenant,
Lender and their respective successors and assigns.
NOTICE: THIS ESTOPPEL, CONSENT,SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT CONTAINS A
PROVISION WHICH ALLOWS THE LANDLORD TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER
PURPOSES THAN IMPROVEMENT OF THE LAND.
EXECUTED as of the day and year first above written.
LENDER:
CNL Commercial Finance, Inc.
BY:
TENANT:
Contra Costa County
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
3
i
EXHIBIT "An
PARCEL ONE.
Parcel A, as said Parcel is shown on the Record of Survey Map, filed November 8, 1972, In Book 55
of Licensed Surveyor's Maps, Page 27, Contra Costa County Records.
EXCEPTING THEREFROM:
1. An undivided 1/2 interest in and to all oil, gas, casinghead gasoline and hydrocarbons and mineral
substances below a point 500 feet below the surface of said real property, together with the right to
take, remove, mine and dispose of said oil, gas, casinghead gasoline and other hydrocarbons and
minerals, as reserved In the Deed from John D. Bisso, Eleanor M. Bisso and Louis A. Bisso, each as
to an undivided 1/6 interest;and George Bisso,Edith 1. B. Firpo,Louise Minns and Rosa Caperton,each
as to an undivided 1/8 Interest and recorded September 1, 1971, In Book 6468, Page 806, Official
Records, Instrument No. 74993.
2. All that land described in the Deed from Irving Lutz, at al, to Duffel Financial and Construction
Company, recorded June 28, 1978, in Book 8899, Page 42, Official Records.
PARCEL TWO:
The easement granted in the Deed to Irving Lutz, et al, recorded August 10, 1978, In Book 8961,
Official Records, Page 292, as follows:
An easement appurtenant to Parcel One above, for ingress and egress over a.pat'tlon of Parcel "B", as
shown on the Parcel Map, filed April 16, 1976, in Book 44 of Parcel Maps, Page 20, Contra Costa
County-Records, described as follows:
Commencing at the most easterly comer of said Parcel "B" (44 P.M.20) said corner being on the
westerly right of way line of Bisso Lane; thence along the easterly line of said Parcel "B" (44 P.M.20)
North 060 57' 48" West, 87.50 feet to the true point of beginning of this description;thence from said
true point of beginning leaving the westerly right of way line of Bisso Lane South 840 27' 38" West,
197.32 feet;thence North 750 34' 13"West, 24.00 feet;thence North 14° 25'47* East,66.18 feet;
thence North 750 34' 13"West, 21.00 feet;thence North 140 25' 47" East,7.00 feet;thence South
750 34' 13" East 45.00 feet;thence South 140 2547"West, 46.65 feet;thence North 840 27' 38"
East, 188.43 feet to the westerly right of way line of Blsso Lane, being the easterly line of Parcel "B"
(44 P.M. 20); thence along said easterly line of Parcel "B" (44 P.M. 20) South 050 57' 48" East,
24.00 feet to the true point of beginning of this description.
INITIAL
HERE
Dated 11,;C0t
Q
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On More me,
Phil helor, C e k of the Board of Supervisors and
County Adn'U'SistraiSr, Contr C a County, personally
appeared.
who is persona known to me (or proved to me on the
basis of satisfactory evidence)to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/shelthey executed the some in
his/herltheir authorized capacity(ies), and that by his/her/-
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the i rumen
By:
Deputy Clerk
4TO: BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Contra
Costa
DATE: January 16, 2001 County
SUBJECT: 20998 ARNOLD INDUSTRIAL WAY—AGREEMENT TO SURRENDER OF PREMISE BY
TENANT (T00158)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE an Agreement with William H. Moran Construction to surrender the premises at
2099B Arnold Industrial Way, Concord, under the terms and conditions more particularly set
forth in said Agreement, and AUTHORIZE the Director of General Services to EXECUTE said
Agreement on behalf of the County.
II. FINANCIAL NCIAL IMPACT
The surrender of the premises will allow for the early commencement of the Sheriff-Coroner's
Evidence Relocation project and the early termination of the lease for the current evidence
warehouse at a savings to the Sheriff-Coroner of rents and expenses associated with the
current warehouse.
III. REASONS FOR RECQMMENDATION / BACKGROUND
Provide for the surrender of the premises by the tenant to allow the early commencement of the
Sheriff-Coroner's Evidence Warehouse relocation project. In exchange for the early surrender
of the premises, County will compensate the tenant for a portion of moving and relocation
expenses.
CONTINUED ON ATTACHMENT: .. YES
SIGNATURE: a"Av*
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
cy'APPROVE OTHER
SIGNATURE(S): —,—;, -2 �,2 _ ,
ACTION OF BO N J 16 2001 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator(vie UM) 1 HEREBY CERTIFY THAT THIS IS A TRUE
ACTIONAND CORRECT COPY OF AN
County Auditor-Controller(via UM) AND ENTERED ON THEMINUTES OF THE BOARD
Tenant(via UM) OF SUPERVISORS ON THE DATE SHOWN.
County Counsel(via LIM)
Orig:General Services Department-UM ATTESTED JarmarY 16, 2001
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVIS S ND COUNTY ADMINISTRATOR
t L-001
BYWW) , ,DEPUTY
SBV
F:\DATA1Worddoc9\2099bdo3.doc
GENERAL SERVICES DEPARTMENT
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, California
Extension 3-7250
FAX 3-7108
DATE: December 28, 2000
TO: Phil Batchelor, County Administrator
FROM: Garton J. Gilbert, Director of General Services
SUBJECT: AGENDA: Agreement— 2099B Arnold Industrial Way, Concord
(1-16-01)
An agreement to surrender the premises has been negotiated with the tenant as follows:
TENANT: William H. Moran Construction
COMPENSATION: $9,500.00
COMMENCING: January 1, 2001
CANCELLATION: Yes
SPACE TYPE: Office and warehouse
ADDRESS: 2099B Arnold Industrial Way, Concord
SYNOPSIS: Tenant agrees to surrender the premises to allow County to commence the tenant improvements for
the Sheriff-Coroner's Evidence Warehouse.
AGENDA ITEM: APPROVE an Agreement with William H. Moran Construction to surrender the premises at
2099E Arnold Industrial Way, Concord, and AUTHORIZE the Director of General Services
to EXECUTE said Agreement on behalf of the County.
BJG/SBV
2099agn3.doc
cc: Kathy Brown
s
TO: BOARD OF SUPERVISORS
FROM: Anne Cain, County Librarian
DATE: December 27, 2000
SUBJECT: Wilruss Children's Library Trust
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ACCEPT the County Librarian's status report on the Wilruss Children's Library Trust.
FINANCIAL IMPACT:
Balance in fund at the end of the previous year (6/30/99) $1,899,637
Amount in the fund at the end of the current year (6/30/00) $1,977,657
Amount earned during the current year $ 97,015
Amount expended during the current year $ (18,995)
Balance in fund as of 6/30/00 $1,977,657
The money has been invested by the County Treasurer with interest rates varying from 4.87% to
5.79%.
BACKGROUND:
In 1996, the library was advised that it had been named to receive the proceeds from the Storm's
Living Trust valued at $1,707,600, which had been established by Mrs. Wilma Storms. Conditions of
the trust require that all proceeds from the trust be placed in a new trust fund (the Wilruss Children's
Library Trust) for the benefit of library services to children in Contra Costa County. Terms of the trust
authorize the County Librarian to expend earnings from the trust each year and to carry over any
unspent earnings from the prior years. In no case is the principal amount to be invaded, other than
to pay approved claims against the Storms Living Trust. There is also a provision for an annual
reporting to the Board of Supervisors on the Wilruss Children's Library Trust.
1999-00 ANNUAL REPORT
The goal of the Wilruss Children's Library Trust program is to raise awareness for the library's
potential to improve the quality of life for Contra Costa County families by creating an exciting
approach to library services. The following represents the Strategic Initiatives of the program.
CONTINUED ON ATTACHMENT: ✓YES SIGNATURE: 1 �►7W
R6COMMENDATIONOF COUNTY ADMINISTRATOR—RECOMMENDATIONOF BOARD COMMITTEE
,,APPROVE OTHER
SIGNATURE(S): Q,— '!
ACTION OF BOA N January 16, 2001 APPROVEDAS RECOMMENDED XXOTHER
VOTE OF SUPERVISORS:
XX._UNANIMOUS(ABSENT ------- ) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF
AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED J a n u a r y 16, 2001
PHIL BATCHELO ,C ERK OF THE BOARD OF
SUPERVISORS A O TYADMINISTRATOR
Contact: Anne Cain,646.6423
By ,DEPUTY
cc: County Library-Administration
County Administrator
County Auditor
0Ab0s\wi1rus2.doc December 27,2000 4:54 PM
Wilruss Children's Library Trust
December 27, 2000
Page 2
Strategic Initiatives
Diversity Reflect the cultural, linguistic and ethnic diversity of our communities in
the service we provide
Partnerships Build partnerships that will advance mutual goals
Involve Adults Actively involve parents and caregivers in the implementation of our
programs for children and adults
Target Young Children Emphasize services for children under 8
Outreach Develop programs that take services out into the community
Reading/Family Promote reading, family literacy and the educational role of the library
Literacy/Education
Public Relations Increase the public's awareness of the library's importance in the lives of
young children
The first service program that was implemented to enable the library to carry out these strategic
initiatives was:
Stories-to-Go
Last year, the Wilruss Library Specialist and the steering committee created thematic kits containing
books, puppets and finger plays. Each kit was carefully developed to contain age appropriate books
that would promote preschool learning, such as alphabet and number books and books reflecting the
experiences of children from a wide variety of backgrounds including those for whom English is a
second language. Examples of themes are "Bedtime" "Families", and "Bath time". Some stories are
also in Spanish.
In fiscal year 1999/00, the Wilruss Trust provided the Stories-to-Go program at twelve preschools.
Over 600 children participated in the program. There were 22 volunteers who read at preschool sites.
A part-time Library Assistant-Advanced level was hired in March 2000 to oversee the existing program.
A part-time Library Specialist was hired in May 2000 to manage and expanded the Stories-To-Go
program. The Specialist is also creating and developing other outreach programs to infants, preschool
children, and their parents under the Trust's terms.
An evaluation was prepared in June 2000 to assess the first completed school year of the Stories-To-
Go program. All volunteers and preschool directors who participated in the program were
interviewed. The results of the report were overwhelming positive. Preschools reported an
enhanced interest in stories, puppets and books among children. The impact of volunteer visits has
been positive this year. Preschool staff noted that children showed an improved attention span and
became happy and excited when the volunteer's visit was announced. All participating preschools
want to continue and expand the program. Volunteers reported a high level of satisfaction in working
with preschoolers. Suggestions from the schools and volunteers will be incorporated into the
2000/01 program year.
In June 2000 the staff began recruiting for the fall Stories-to-Go program and has planned three training
sessions for volunteers in the communities of San Pablo, Concord and Pittsburg. The staff also began
developing a program of outreach to infants and their parents based on the American Library
Association's"Born to Read" program.
0:1bos1wilrus2.doc December 27,2000 4:54 PM
Wilruss Children's Library Trust
December 27, 2000
Page 3
CONTRA COSTA CHILDREN'S IMPACT STATEMENT:
ApplicabiilitY'
The goal of the program is to raise awareness of the library's potential to transform people's lives
by promoting early childhood reading and family literacy, by forging community partnerships and
by continuing to respond to the changing needs of our diverse county.
Contents:
1. Children Ready for and Succeeding in School:
This program supports the community outcome of ensuring that children are ready for and
succeed in school by promoting early childhood reading and family literacy. Volunteers
reported enthusiastically on the impact of their visits this year. They noted that children
showed an improved attention span and became happy and excited when the volunteer's
visit was announced.
2. Children and Youth Healthy and Preparing for Productive Adulthood:
Research clearly demonstrates that children who read, not only perform better in school as
students, but grow up to be life-long learners.
3. Families that are Economically Self Sufficient:
The parent education component of the Wilruss program introduces families to the library,
including the library's job resources. This can contribute to economic self-sufficiency.
4. Families that are Safe, Stable and Nurturing:
The parent education component of the Wilruss Program encourages parents to read with
and to their children and thus creates a nurturing and bonding family experience.
TO: BOARD OF SUPERVISORS
Contra
.. Costa
FROM: DENNIS M. BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR , County
DATE: JANUARY 16, 2001
SUBJECT: ADOPTION OF FINDINGS FOR THE DENIAL OF A LAND USE PERMIT FOR A PET
BOARDING FACILITY LOCATED AT 6325 MARSH CREEK ROAD IN THE CLAYTON
AREA.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT the finding contained in Resolution#2001/5 granting the appeal of the City of Clayton
and denying the land use permit for the premium pet boarding facility.
FISCAL IMPACT
The applicant is responsible for all cost associated with processing the use permit
application including the appeal.
CONTI ED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
SIGNATURES ;
ACTION OF BOAR O J a u a r y 16 . 2001 APPROVED AS RECOMMENDED OTHER
SEE THE ATTACHED RESOLUTION NO. 2001/5
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
XX UNANIMOUS(ABSENT r -) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Lashun Cross (335-1229) ATTESTED January 16, 2001
cc: Public Works PHIL BATCHELOR, CLERK OF THE BOARD OF
Timothy and Kristina UAmoreaux SUPERVIS4ANDC ADMINISTRATOR
City of Clayton
Phillip Kelley
BY , DEPUTY
I
January 16, 2001
Board of Supervisors
File#LP992062
Page 2
BACKGROUND INFORMATION
On June 13, 2000,the County Planning Commission heard this application. Several residents
signed a petition, submitted letters, and attended the hearing on June 13, 2000 to speak in
opposition of the land use application. The City of Clayton also submitted a letter requesting
the County Planning Commission continue the June 13,2000 hearing to June 27,2000 to allow
the Clayton City Council an opportunity to review the staff report at their Council meeting on
June 20, 2000. The County Planning Commission after hearing testimony and taking evidence
approved the application (LP902082) with modifications to the Conditions of Approval.
On September 12, 2000 the Board of Supervisors heard the application. Several residents
and representatives of the City of Clayton attended the hearing and spoke in opposition. The
Board of Supervisors after hearing testimony and taking evidence denied the application
(LP992082) based on its inconsistency with the County General Pian.
THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday,January 16,2001,by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/5
SUBJECT: APPEAL
CITY OF CLAYTON AND PHILLIP KELLEY (Appellants), )
TIMOTHY AND KRISTINA L'AMOREAUX (Applicants and Owners), )
LAND USE PERMIT (LP992082), )
CLAYTON AREA )
The Board of Supervisors of Contra Costa County RESOLVES that:
WHEREAS, an application for a land use permit LP992082 to allow the conversion and
remodeling of an existing barn into a pet boarding facility, with a variance to construct an 8-foot wall
around a 200 square foot outdoor play area with a 20-foot front setback (where 25-feet minimum is
required) was received by the Community Development Department on October 19, 1999; and
WHEREAS, a Categorical Exemption from the requirements of the California Environmental
Quality Act(Class 3);was prepared for the project; and
WHEREAS,after notice was lawfully given,a public hearing was scheduled before the Board of
Supervisors on September 12, 2000; and
WHEREAS,on September 12,2000, the Board of Supervisors conducted a public hearing;and
WHEREAS, the Contra Costa County Board of Supervisors having fully reviewed, considered
and evaluated all the testimony and evidence submitted in this matter;
NOW, THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors
DENIES the land use permit request of Timothy and Kristina L'Amoreaux(Applicants and Owners);and
BE IT FURTHER RESOLVED that the following finding is the basis for this decision:
1. The proposed pet boarding facility is inconsistent with the County General Plan. The
applicant has requested a commercial use as the primary land use of the property whereas
the General Plan designation of Single Family Residential — Low Density allows a
detached residence,accessory structures,and the keeping of livestock consistent with the
agricultural lifestyle and secondary uses of home occupations,church facilities, second
units, etc. with the approval of a land use permit.
BE IT FURTHER RESOLVED that the Clerk of the Board shall respectively sign and attest the
certified copy of this Resolution and deliver the same to the Board of Supervisors all in accordance with
the planning laws of the State of California.
I hereby certify that this is a true
and correct copy of an action taken
and entered on the minutes of the
Board of Supervisors on the date
shown.
Attested: January 16 , 200
Phil Batchelor,Clerk of the Board
of Supervisors and%-pugtly
A str tar
By:
eputy ClerkF
RESOLUTION 2001/5