HomeMy WebLinkAboutMINUTES - 10232001 - C.80 TO: BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Contra
Costa
DATE: October 23, 2001
County
SUBJECT. SUBLEASE RENEWAL- 1121 DETROIT AVENUE, CONCORD (BLDG. NO. T00290)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Sublease renewal, commencing October 1, 2000, with Phoenix Programs, Inc., for
the premises at 1121 Detroit Avenue, Concord, under the terms and conditions more particularly
set forth in said Sublease, and AUTHORIZE the Director of General Services to EXECUTE said
Sublease on behalf of the County.
II. FINANCIAL IMPACT
This Sublease is under the County's master lease for the premises. This agreement will pass
through all of the building expenses to Phoenix, the sublessee. The term is 4 years with no
cancellation provision.,
III. REASONS FOR RECOMMENDATION/BACKGROUND
The County recently renewed the master lease with the owner. This Sublease will pass on the
costs of the master lease to Phoenix Programs, Inc. and provide a facility for them to continue to
operate a homeless service center. Phoenix Programs, Inc. is a contract service provider for the
Health Services Department.
C 1E 1 ATTACHMENT: YES SIGNATUREVC,
!iRECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
✓PPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD L/ .� :�'� :2�YJ� APPROVED AS RECOMMENDED _GT4E-R
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT �1�'1[�r.,r 1
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
County Auditor-Controller(via UM AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
Phoenix Programs, Inc.(via UM) OF SUPERVISORS ON THE DATE SHOWN.
Health Services Department(via UM) 7
Orig: General Services Department-UM ATTESTED ��i iP "q. gn2l
JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
G:\LeaseMgt\CBEAR\2-Central County\ Concord\1121 Detroit\Board
Order Rev Agr 01 Oct.doc BY A GG^ DEPUTY
GENERAL SERVICES DEPARTMENT
LEASE MANAGEMENT DIVISION
1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: October 9, 2001
TO: John Sweeten, County Administrator
FROM: Barton J. Gilbert, Director of General Services
SUBJECT: (10-23-01) A en : Sublease Renewal — 1121 Detroit Avenue, Concord
T00290
A Sublease has been renewed as follows:
OCCUPANT: Phoenix Programs, Inc. RENT: $1,650.00
ADDITIONAL RENT FOR DEFERRED MAINTENANCE: $282.00
TERM: 4 yrs. COMMENCING: October 1, 2000
OPTION: 1-2 yr. (1St year= $1,855; 2nd year= $1,930) CANCELLATION: None
RENEWAL: Yes PREVIOUS RENT: $1,080
SQUARE FEET: 1,600 sq. ft SPACE TYPE: Light Industrial
COUNTY RESPONSIBILITY: None
ADDRESS: 1121 Detroit Avenue, Concord
SUBLESSEE: Phoenix Programs, Inc.
BJG:CGB
cc: Carrie Sechler,Phoenix Programs,Inc.
General Services Department
Carol Chan
Terry Mann
Risk Management
1:\LeaseMgt\CBEAR\2-Central County\_Concord\I 121 Detroit\Agen Info Sht Revenue.doc
SUBLEASE
TABLE OF CONTENTS
1.121 Detroit Avenue
Concord, California
Phoenix Programs, Inc.
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES............:............................................................................................... 1
A.2. SUBLEASE OF PREMISES ............................................................................. 1
A.3. TERM................................................................................................................. 1
A.4. RENI.' ................................................................................................................. 1
A.5. ADDITIONAL RENT ....................................................................................... 2
A.6. EXTENSION ..................................................................................................... 2
A.7. USE OF PREMISES.......................................................................................... 2
A.8. PARKING........................................................................................................... 2
A.9. UTILITIES AND JANITORIAL SERVICE..................................................... 3
A.10. MAINTENANCE AND REPAIRS ................................................................... 3
A.1 1. NOTICES........................................................................................................... 4
A.12. EXHIBITS AND A"I'"IACHMENTS................................................................. 4
A.13. WRITTEN AGREEMEN]................................................................................. 4
A.14. TIME IS OF THE ESSENCE ............................................................................ 5
A.15. SIGNATURE BLOCK ...................................................................................... 5
SECTION B: STANDARD PROVISIONS
B. 1. 1IOLDING OVER.............................................................................................. 6
13.2. I-TOLD HARMLESS .......................................................................................... 6
13.3. ALTERATIONS, FIXTURES, AND SIGNS.................................................:.. 6
B.4 DIJS"CRUC'I'ION......................................................................................:......... 6
B.5. QUIET ENJOYMENT....................................................................................... 7
B.6. DEFAULTS ....................................................................................................... 7
B.7. SURRENDER OF PREMISES.......................................................................... 8
B.8. SUCCESSORS AND ASSIGNS ....................................................................... 8
B.9. SEVERABILITY 8
B.10. WASTE. NUISANCE...............................................................
B.11. INSPECTION .................................................................................................... 9
B.12. ABANDONMENT ............................................................................................ 9
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE.................................................................... 10
C.2. POSSESSORY INTEREST TAX.................................................................... 10
C.3. PROPERJA TAXES ....................................................................................... 10
CA. INSURANCE................................................................................................... 10
C.5. TERMINATION OF PRESENT LEASE........................................................ 1 I
EXHIBITS
EXHIBITS A-1 & A-2: PREMISES
EXHIBIT B: MASTER LEASE
SUBLEASE
FOR
PHOENIX PROGRAMS, INC.
1121 DETROIT AVENUE
CONCORD, CALIFORNIA
SECTION A: .BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on _.__UT 2 . Q3 2 01 the COUNTY OF CONTRA
COSTA, a political.subdivision of the State of California, hereinafter called "COUNTY",
and Phoenix Programs, inc., hereinafter called "LESSEE", mutually agree and promise as
follows:
A.2. SUBLEASE OF PREMISES: CATs-1LEEN C. SMITH, as LESSOR and COUNTY
as LE'SSEE' entered into a lease dated March 27, 2001, for the premises located at 1 121
Detroit Avenue, Concord, hereinafter referred to as "Master Lease" which is attached
hereto and incorporated herein as "Exhibit B".
For and in consideration of the rents and compliance with the terms and covenants of
this Sublease, which is subject to the terms and conditions of the Master Lease, COUNTY
hereby subleases to LfSS.F.E and LESSEE subleases from COUNTY those certain premises
described as follows: approximately 1,600 square feet of light industrial space in the front
portion of an approximate 4,200 square foot building located at 1121 Detroit Avenue,
Concord ("Building") along with 3 parking spaces in the fenced rear lot area of the building
as shown on Exhibits "A-1" and "A-2", which are attached hereto and made a part hereof.
The Premises comprise approximately 40% of the Building.
A.3. TERM: The term of this Sublease shall be four (4) years commencing October 1,
2000 and ending September 30, 2004.
A.4. RENT: LESSEE shall pay to COUNTY as rent for the use of the Premises a
monthly rental, payable in advance on the tenth day of each month during the term of this
Sublease, as follows:
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t Y, ♦��
Period Monthly Rent
October 1, 2000 to September 30, 2002 $1,650.00
October 1, 2002 to September 30, 2003 $1,716.00
October 1, 2003 to September 30, 2004 $1,785.00
Payments -shall be mailed to COUNTY at 1220 Morello Avenue, Suite 200,
Martinez, California 94553 or to any other location designated by COUNTY in writing
from time to time.
A.5. ADDITIONAL RENT: From October 1, 2000 through September 30, 2004, in
addition to the monthly rent,.LESSEE has agreed to pay to COUNTY as additional rent the
sum of TWO HUNDRED EIGHTY TWO AND NO/100 DOLLARS ($282.00) per month
as reimbursement for repair of deferred maintenance paid for by COUNTY. This additional
rent shall be due and payable along with the monthly rent payment in Paragraph A.5.
hereinabove.
A.6. EXTENSION: In the event that COUN'T'Y exercises its option to extend the term of
the Master Lease,.LESSEE, at its option, may extend this Sublease upon the same terms
and conditions (or a two (2) year term, commencing October 1, 2004 and ending September
30, 2006, except the rental shall be adjusted as follows:
Period Monthly Rent
October I, 2004 to September 30, 2005 $1,855.00
October 1, 2005 to September 30, 2006 $1,930.00
It is understood and agreed LESSEE shall give COUNTY thirty (30) days prior
written notice of its intention to exercise any option to extend this Sublease.
A.7. USE OF PREMISES: The Premises shall be used during the term and extension
thereof.'for the purpose of operating a multi-service center for the homeless.
A.8. PARKING: COUNTY agrees to keep the gate leading to the parking area in the
rear of the property closed and locked at all times when not being used for ingress and
egress. Failure to follow this provision shall result in termination of these parking rights.
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A.9. UTILITIES AND JANITORIAL SERVICE: LESSEE shall pay for all gas,
electric, water, sewer, and refuse collection services provided to the Premises and shall
provide and pay for all required janitorial service.
A.10. MAINTENANCE AND REPAIRS:
a. COUNTY shall provide for keep the roof and exterior of the building to be
maintained in good order, condition, and repair and shall provide for the
maintenance of the structural integrity of the building, however LESSEE shall
be responsible for repair of damage to the exterior of the building caused by
invitees of LESSEE. LESSEE shall maintain the exterior doors and their
fixtures, closers and hinges, glass and glazing, and all locks and key systems
used in the Premises.
b. LESSEE shall keep and maintain the interior of the Premises in good order,
condition, and repair, but COUNTY shall provide for repair of damage to the
interior due to failure in the maintenance of the roof and building exterior,
including damage to the interior caused by roof leaks.
C. LESSEE shall repair and maintain the electrical, lighting, water, plumbing,
heating, ventilating, and air-conditioning systems of the Premises. LESSEE
shall obtain and keep in effect, at its sole cost and expense, a services
contract, acceptable to the COUNTY, for the maintenance and repair of the
heating, ventilating, and air-conditioning systems. Said contract shall provide
for filters to be changed a minimum of four (4) times per year.
d. At the time of Sublease commencement, the rear portion of the building was
vacant. LESSEE shall maintain the exterior lighting system and shall perform
routine maintenance of the landscaping (including weed abatement in the rear
of the building), parking lot, sidewalks and driveways until the rear portion of
the building is rented, at which time COUNTY shall provide for maintenance
of these items. COUNTY shall provide for major repair or replacement of
paved surfaces.
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e. COUNTY shall provide for the installation, at the direction of the Fire
Marshal, the necessary number of A-B-C fire extinguishers for the Premises.
LESSEE shall thereafter maintain, repair, and replace the extinguishers.
f. COUNTY shall be responsible for or cause the correction of any code
violations which may exist in the Premises, provided COUNTY shall not be
liable for correction of code violations which arise out of and are directly
related to a change in LESSEE's occupancy or use of the Premises.
A.1 t. 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 COUNTY: Contra Costa County General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
To LESSEE: Phoenix Programs, Inc.
P.O. Box 315
Concord, CA 94520
A.12. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, and Exhibits A-1, A-2 — Premises and Exhibit B — Master Lease are
attached to this Sublease and are made a part hereof.
A.13. WRITTEN AGREEMENT: Neither party has relied on .any promise or
representation not contained in this Sublease. All previous conversations, negotiations, and
understandings are of no further force or effect. 'Phis Sublease 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 Sublease, nor shall they be considered in
construing the intent of this Sublease.
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A.]4. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Sublease.
A.15. SIGNATURE BLOCK
COUNTY LESSEE.
COUNTY OF CONTRA COSTA, a PHOENIX PROGRAMS, INC.
political subdivision of the State of //
California �/1 t161
By
By
Director of General Services
RECOMMENDED FOR APPRO L:
By
Director of Capital Facilities Ad
Debt Management
By
Health �ervices .Department
By (�?& (ATP,-�
Lease Manager
APPROVED AS TO FORM:
SILVANO MARCHESI:
�:. Counsel
By 1 J,
Deputy
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SUBLEASE
FOR
PHOENIX PROGRAMS, INC.
1.121 DETROIT AVENUE
CONCORD, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term or extension of this Sublease
as provided hereinabove shall he construed to be a tenancy from month to month, subject to
the terms of this Sublease so far as applicable.
B.2. HOLD HARMLESS: LESSEE shall indemnify, save, protect and hold harmless
the COUNTY, its officers, agents and employees from any and all claims, costs and
liability, including reasonable attorneys fees, for any damage, lnlury or death, including
without limitation all consequential damages from any cause whatsoever, to persons or
property arising directly or indirectly from or connected with this Sublease, LESSEE's
operations, or LESSEE's use or possession of the Premises, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of COUNTY, its
officers or employees, and if required, will defend any such actions at the sole cost and
expense of I.,ESSEE.
B.3. ALTERATIONS, FIXTURES, AND SIGNS: LESSEE agrees not to make or
suffer any alterations or attach signs, fixtures in or on said Premises without first obtaining
the written consent o1'COUNTY's Lease Manager. Any such alterations, signs or fixtures
shall be at LESSEE's sole cost and expense, and all signs shall meet with existing code
requirements.
B.4. DESTRUCTION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Sublease from any cause, COUNTY may, at its option, make
repairs or cause to be repaired said damage promptly and within a reasonable
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tinge. In the event COUNTY does not so elect to make such repairs, this
Sublease may be terminated at the option of either party.
b. A total destruction of the Premises shall terminate this Sublease.
B.5. QUIET ENJOYMENT: COUNTY covenants that LESSEE shall at all times
during the term peaceably and quietly have, hold, and enjoy the Premises without suit,
trouble or hindrance from or on account of COUNTY as long as LESSEE fully performs
hereunder.
BA DEFAULTS: The occurrence of any of the following shall constitute an Event of
Default under this Agreement:
a. Event of Default by I.,ESSEE
I . LESSEE's failure to pay any Rental within ten (10) business days after
written notice of failure from COUNTY to LESSEE. If, however, payment is
not made within ten (10) business days of said written notice due to
circumstances beyond the reasonable control of LESSEE, then LESSEE shall
make such payment within such additional time (but not to exceed a total of
seventy five [75 1 days from COUNTY's notice to LESSEE].
2. LESSEE's failure to comply with any other material term or provision
of this Sublease if such failure continues thirty (30) days after written notice
of failure from COUNTY to LESSEE 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, LESSEE's failure to perform
shall constitute a default under the Sublease unless LESSEE 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 LESSEE, COUNTY may re-enter and
repossess the Premises and remove all persons and property therefrom after giving LESSEE
written notice of such default and in accordance with due process of law.
b. Event of Default by COUNTY COUNTY's failure to perform any of its
obligations under this Sublease shall constitute a default by COUNTY if the
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failure continues for thirty (30) days after written notice of the failure from
LESSEE to COUNTY. If the required cure of the noticed default cannot be
completed within thirty (30) days, COUNTY's failure to perform shall constitute a
del:ault under the Sublease 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. 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 LESSEE and/or
its invitees, COUNTY 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 COUN'T'Y, LESSEE may terminate this
Sublease 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
COUNTY, or at LESSEE's option, invoice COUNTY for the cost of repair, which invoice
COUNTY shall pay promptly-upon receipt.
B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner termination
of this Sublease, LESSEE will peaceably and quietly leave and surrender to COUNTY
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 LESSEE has no control. LESSEE shall not be liable for
painting the interior of the Premises upon termination of this Sublease.
B.8. SUCCESSORS AND ASSIGNS: The terms and provisions of this Sublease 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 LESSEE or COUNTY in its respective rights and obligations
contained in the valid provisions of this Sublease.
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B.10. WASTE, NUISANCE: LESSEE shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisance or other act or tiling which may disturb the quiet
enjoyment of any other lessee or occupant of the building in which the Premises are
located.
B.11. INSPECTION: The COUNTY reserves the right to enter the Premises at any time
and to employ proper representatives to insure that the property is being reasonably cared
Im that no waste is being made, and that all things are done in the manner best calculated
for the preservation of the property. LESSEE shall promptly make any repairs or do any
maintenance identified by the inspection.
B.12. ABANDONMENT: LE7SSEE shall not vacate or abandon the Premises at any time
during the term; and ilk LESSEE shall abandon, vacate or surrender the Premises, or be
dispossessed by process of law, or otherwise, any personal property belonging to LESSEE
and left on the. Premises shall be deemed to be abandoned, at the option of COUNTY.
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SUBLEASE
FOR
PHOENIX PROGRAMS, INC.
1.121 DETROIT AVENUE
CONCORD, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SUBLEASE: LESSEE shall not assign this Sublease or
sublease the Premises or any part thereof at any time during the term of this Sublease
without written consent of COUNTY which consent may be withheld for any reason or no
reason.
C.2. POSSESSORY INTEREST TAX: In the event COUNTY should acquire title to
the Premises or a portion thereof, it is understood that LESSEE's interest herein may be
subject to a possessory interest tax, and that such tax payment shall not reduce any rent due
the COUNTY hereunder and such tax shall be a liability of and paid by LESSEE.
C.3. PROPERTY TAXES: LESSEE shall pay to COUNTY within thirty (30) days after
being requested to do so by COUNTY, as additional rental, a sum equal to forty percent
(1,600 sq. ft. - 4,200 sq. ft. = 38% rounded to 40%) of the City and/or County taxes levied
against Assessor's Parcel 128-321-01 1.
CA. INSURANCE: COUNTY will not keep LESSEE's personal property insured
against lire, or any other insurable risk, and LESSEE waives the right to claim damages
from the COUNTY for any damage resulting to the property in the event it is damaged or
destroyed by fire or any other cause.
LESSEE agrees, at no cost to the COUNTY, to obtain and maintain during the term
of this Agreement, worker's compensation insurance for LESSEE's employees and
comprehensive liability insurance with a minimum combined single-limit coverage of
$1,000,000 for all claims or losses due to bodily injury, sickness or disease or death to any
person, or damage to property, including loss of use thereof arising out of each accident or
occurrence, and name Contra Costa County, its officers, agents and employees as
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additional insured thereunder. The coverage shall provide for a thirty (30) day written
notice to COUNTY of cancellation or lapse. Evidence of such coverage shall be furnished
to COUNTY within 30 days atier execution of this Agreement.
C.5. TERMINATION OF PRESENT LEASE: It is understood and agreed that
LI�SSLL now occupies the Premises on a month to month holdover basis under the terms of
a Sublease dated April 19, 1988. Upon commencement of this Sublease, that Sublease shall
terminate.
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EXHIBIT "A-111
3 parking spaces
in this area
Chain link fence gate
Vacant area a�
e�
�t
County's
Wood fence Leased area
Exhibit A-2
1121 Detroit Avenue, Concord