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HomeMy WebLinkAboutMINUTES - 12172002 - C.125 TO: BOARD OF SUPERVISORS CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES _ Y COSTA DATE: DECEMBER 17, 2002 COUNTY SUBJECT: LEASE FOR THE PREMISES AT 340 MARINA BOULEVARD, �.;4 PITTSBURG FOR THE SHERIFF-CORONER (TOO636) (CP #02-46) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE a five-year Lease, commencing January 1, 2003, with the City of Pittsburg for the premises at 340 Marina Boulevard, Pittsburg, for continued occupancy by the Sheriff-Coroner, under the terms and conditions more particularly set forth in the Lease. 2. AUTHORIZE the Director of General Services, or designee, to execute the Lease on behalf of the County and to EXERCISE any options to extend the Lease. 3. DETERMINE that the project is a Class la Categorical Exemption under the California Environmental Quality Act (CEQA). 4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Community Development Department and County Clerk for filing of the Notice of Exemption. FINANCIAL IMPACT The Law Enforcement Training Center will be cost neutral, as sufficient reimbursement will be available from the State Peace Officers Standards on Training (P.O.S.T.), the State Department of Education and other funding sources to cover operating costs. BACKGROUND The Lease will provide for the continued use of a training facility for the Sheriff-Coroner's Law Enforcement Training Center as requested by the Sheriff-Coroner. The consequences of not authorizing the Sheriff to continue the operation of the training center includes a significant increase in the cost of providing basic academy and advanced officer at a less desirable location. CONTINUED ON ATTACHMENT: YES SIGNATURE: ' RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): s ACTION OF A#�d ON ' L1 1720C)Z APPROVED AS RECOMMENDED X OTHER i VOTE OF SUPERVISORS X UNANIMOUS(ASSENT N= ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:BARTON J.GILBERT(3137100) Originating Dept.:General Services Department 1 HEREBY CERTIFY THAT THIS IS A TRUE cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN Lease Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. Auditor-Controller(via L IM) Risk Management(via L IM) ATTESTED I7L2MM 17. 2002 Sheriffs office(via UM) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS City of Pittsburg(via L/M) AMD COUNTY ADMINISTRATOR BY l tG"; '- L~` ti:I` DEPUTY 1:\LeaseMgt\STEVE\340Marinabdol.doc SBV:tb Page 1 of 1 M382(10/88) LEASE. 340 MARINA BOULEVARD PITTSBURG,CALIFORNIA CONTRA COSTA COUNTY SHERIFF-CORONER TABLE OF CONTENTS SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES. .......................................................................................................... 1 A.2. LEASE OF PREMISES..................................................................................... 1 A.3. TERM. ............................................................................................................... 1 A.4. RENT ................................................................................................................ 1 A.5. LATE FEE ........................................................................................................2 A.6. EXTENSION ....................................................................................................2 A.7. USE OF PREMISES..........................................................................................4 A.8. UTILITIES AND JANITORIAL SERVICE.....................................................4 A.9. MAINTENANCE ANL► REPAIRS ..................................................................4 A.10.NOTICES........................................................................................................... 6 A.11. EXHIBITS AND ATTACHMENTS.................................................................6 A.12. WRITTEN AGREEMENT................................................................................ 6 A.13. TIME IS OF THE ESSENCE............................................................................6 A.14. SIGNATURE BLOCK ...................................................................................... 7 SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER. ............................................................................................ 8 B.2. HOLD HARMLESS .......................................................................................... 8 B.3. ALTERATIONS, FIX'T'URES, AND SIGNS.................................................... 8 B.4 DESTRUCTION................................................................................................ 9 B.5. QUIET ENJOYMENT. .....................................................................................9 B.6. DEFAULTS ..................................................................................................... 10 B.7. SURRENDER OF PREMISES. ...................................................................... 11 B.8. SUCCESSORS AND ASSIGNS .................................................................... 11 B.9. SEVERABILITY............................................................................................. 11 B.10. WASTE NUISANCE. .................................................................................... 12 B.11. INSPECTION ................................................................................................. 12 B.12. INSURANCE................................................................................................... 12 B.13. LEASE TERMINATION ................................................................................ 13 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE.................................................................... 15 C.2. SERVICE BY-LESSOR. ................................................................................. 15 C.3. HAZARDOUS MATERIALS ........................................................................ 16 CA. LICENSE TERMINATION ........................................................................... 17 EXHIBITS EXHIBIT A: PREMISES LEASE 340 MARINA BOULEVARD PITTSBURG, CALIFORNIA. FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER SECTION A. BASIC TERMS AND CONDITIONS A.I. PARTIES. Effective on DEC 17 2 G2 , the CITY OF PITTSBURG, a municipal corporation, hereinafter called "LESSOR", and the COUN'T'Y 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; An approximate 16,000 square foot building and surrounding grounds located at 340 Marina Boulevard, Pittsburg, California (APN 085-102-023) (the "Premises") as shown on Exhibit A, attached hereto and made a part hereof, together with the exclusive use of the south parking lot adjacent to the building in its present unpaved condition. Should LESSOR decide to pave the parking lot during the term of this Lease, COUNTY'S use of the parking lot shall become non-exclusive. A.3. TERM: The term of this lease ("Lease") shall be five (5) years, commencing January 1, 2003 and ending December 31, 2007. A.4. RENT: COUNTY" shall pay to LESSOR as rent for the use of the Premises a monthly rental, without right to offset, payable in advance on the tenth day of each month during the term of this Lease, as follows: Period Monthly Rent January 1, 2003 to December 31, 2003 $3,290.00 January 1, 2004 to December 31, 2004 $3,422.00 January 1, 2005 to December 31, 2005 $3,558.00 January 1, 2006 to December 31, 2006 $3,701.00 January 1, 2007 to December 31, 2007 $3,849.00 Payments shall be mailed to LESSOR at: Property Manager, City of Pittsburg, 65 Civic Avenue, Pittsburg, CA 94565 or to any other location designated by LESSOR in writing _ 1 _ from time to time. Payment for any partial month shall be prorated on a monthly basis based on a thirty-day month. A.5. LATE EEE: If any installment of rent or a sum due from COUNTY is not received by LESSOR within thirty (30) days, COUNTY shall pay to LESSOR. a late charge equal to ten percent(10%) of such overdue amount, and interest shall accrue on the overdue amount, including late charges, at a rate of ten percent (10%) per annum, or if less, the maximum rate allowed by law, in addition to the late charge itself. AA EXTENSION: If COUNTY is not in default of any of the terms and conditions of this Lease, COUNTY may, at its option, extend the Lease upon the same terms and conditions, except the term and monthly rental shall be adjusted as follows: a. First Option: For a Eve (5) year term, as follows: First Option Base Rent January 1, 2008 to December 31, 2008 $4,234.00 January 1, 2009 to December 31, 2009 $4,443.00 January 1, 24101 to December 31, 2410 $4,579.40 January 1, 2411 to December 31, 2011 $4,762.40 January 1, 2012 to December 31, 2012 $4,953.00 b. Second Option: For a five (5) year term, as follows: The rent during this five (5) year option (January 1, 2013 through December 31, 2017) shall be the fair market rental rate for the Premises at the commencement of the second option term, but not less that the amount applicable to the last full month of the First Option. If the parties are unable to determine what constitutes a fair market rental rate for the Premises prior to that date which is forty-five (45) days prior to the expiration of the First Option, the base rental for the Second Option term shall be set by appraisal as provided herein. Each party shall choose one (1) appraiser prior to the date which is forty (40) days prior to the expiration of the First Option term. The two (2) appraisers shall appoint a third and the three (3) appraisers shall determine the fair market rent by that date which is fifteen(15) days prior to the end of the First Option term. The - 2 - agreement of the majority of the appraisers shall determine the fair market rent. No appraiser may be an employee or contract employee of either party and no person shall be appointed unless that person shall have had five (5) years of experience appraising commercial property in Contra Costa County. Each party shall bear the cost of its own appraiser and the cost of the third appraiser shall be shared equally by both parties. The basic monthly rent for years two through five of the Second Option term shall be subject to three percent (3%) annual increases. COUNTY shall have a Third Caption to extend the term of the Lease for an additional five (5) years. If the amount of the monthly base rent increase is not known by the first day of the Second Option term, COUNTY shall continue to pay the base monthly rent in effect immediately prior to the commencement of the Second Option term. When a new base rent has been determined, any rent due shall be paid, retroactive to the commencement date of the Second Option. C. Third Option: For a five (5) year term as follows: The rent during this five (5) year option (January 1, 2018 through December 31, 2022) shall be the fair market rental rate for the Premises at the commencement of the Third Option, but not less than the amount applicable to the last full month of the Second Option. If the parties are unable to determine what constitutes a fair market rental rate for the Premises prior to that date which is forty-five (45) days prior to the expiration of the Second Option, the base rental for the Third Option term shall be set by the appraisal method as provided above under Second Caption. If the amount of the monthly base rent in not known by the first day of the Third Option term, COUNTY shall continue to pay the base monthly rent in effect immediately prior to the commencement of the Third Option term. When a new base rent has been determined, any rent due shall be paid, retroactive to the commencement date of the Third Option. - 3 - The basic monthly rental for years two through five of the Third Option shall be subject to three percent (3%) annual increases. COUNTY shall have no right to extend the term of this Lease beyond this Third Option term. A.7. USE OF PREMISES: The Premises shall be used during the term or extension thereof for purposes of conducting a Law Enforcement Training Center. Any other use shall require the written consent of LESSOR which shall not unreasonably be withheld. A.8. UTILITIES ANIS JANITORIAL SERVICE: COUNTY shall pay for all gas, electric, water, sewer, and refuse collection, telephone and data services provided to the Premises and shall provide and pay for janitorial service. A.9. MAINTENANCE AND REPAIRS: a. LESSOR covenants and agrees to maintain the structural integrity of the building, at LESSOR'S sole cost and expense, including but not limited to, the exterior surface of the Premises, the roof, roof covering, and all necessary structural repairs to the walls, concrete slab, footing, and foundation of the Premises and any and all damage caused by termites. LESSON. shall be responsible for the electrical and plumbing exterior to the building, as well as gutters, landscaping and sprinkler systems, exterior lighting, access roads, curbs and sidewalks provided that such repairs are not made necessary through the negligence or willful misconduct of COUNTY, its employees, agents and guests. COUNTY shall be responsible for the exterior doors and their fixtures, closers and hinges, locks and key systems, and glass and glazing used in the Premises. b. COUNTY shall keep and maintain the interior of the Premises in good order, condition, and repair, including walls, ceiling and carpeting, but LESSOR shall repair damage to the interior caused by failure to maintain the exterior in good repair, including damage to the interior caused by roof leaks and/or interior and exterior wall leaks. COUNTY shall be responsible for pest control. - 4 - C. COUNTY shall keep the interior electrical, lighting, water, and plumbing systems in good order, condition, and repair and shall be responsible for routine maintenance, minor repairs, plumbing stoppages and damage caused by abusive use or neglect. LESSOR shall be responsible for all major repairs to the electrical, lighting and plumbing systems provided that such repairs are not made necessary through the negligence or willful misconduct of the COUNTY, its employees, agents, clients and guests. Major repair shall be defined as an expense which exceeds $1,000.00 per item per occurrence. For the purpose of determining any given expense which may exceed $1,000.00, three (3) estimates will be obtained, with the lowest bid being the determining factor. d. COUNTY shall maintain (in accordance with the manufacturer's maintenance schedule) and repair the heating, ventilating, and air-conditioning systems, except LESSOR. shall be responsible for major repair or replacement of HVAC units. Major repair shall be defined as an expense which exceeds $1,000.00 per item per occurrence. For the purpose of determining any given expense which may exceed $1,000.00, three (3) estimates will be obtained, with the lowest bid being the determining factor. e. LESSOR. shall provide and install, at the direction of the Fire Marshal, the necessary number of A-B-C fire extinguishers for the Premises at no cost to COUNTY. COUNTY shall thereafter maintain, repair, and replace the extinguishers. f COUNTY shall maintain and repair the south parking lot while it remains in its unpaved condition. LESSOR will deliver the parking lot in its "as is" condition. While COUNTY has exclusive use of the unpaved parking lot, it shall be considered a part of the Premises and Paragraphs 8.2. and C.3. shall apply. Should LESSOR. pave the parking lot during the term of the Lease, LESSON.shall assume responsibility for its maintenance and repair as well as the items outlined in Paragraphs B.2. and CA g. COUNTY shall not suffer any waste on or to the Premises. h. LESSOR shall be responsible for the correction of any cede violations which may exist in the Premises, provided LESSOR shall not be liable for correction of code violations which arise out tenant improvements, use of the south parking lot or other matters 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 fellows or as otherwise designated by written notice hereunder from time to time: To LESSOR: Property Manager City of Pittsburg 65 Civic Avenue Pittsburg, CA 94565 To COUNTY: Centra Costa County General Services Department Lease Management Division 1220 Morella Avenue, Suite 100 Martinez, CA 94553-4711 A.11. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions and Exhibit A - Premises are attached to this Lease and are made a part hereof. A.12. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a writing signed by both parties. The headings of the paragraphs and pages are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. A.B. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. - 6 - A.14. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, a CITY OF PITTSBURG, a municipal Political subdivision of the State of corporation California --�-- �� By &&fiA&ftj ,"'�. � lis A. Casey, Cit' anager Director of General Services RECOMMENDED FOR.APPROVAL: By . rmda L. Daube, City Attorney 3 �� / 41t04 - Director of Capital Facilities and Debt Management Lease Manager By Sheriff-Oftoner APPROVED AS TO FORM: SILVANO B. MARCHESI, County Counsel By Deputy - 7 - LEASE 340 MARINA BOULEVARD PITTSBURG, CALIFORNIA FOR.THE CONTRA COSTA COUNTY SHERIFF-CORONER SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER. Any holding over after the term of this Lease as provided hereinabove shall be construed to be a tenancy from month to month, subject to all the terms and conditions hereof, except that the rent shall be FIVE THOUSAND AND NO1100 DOLLARS ($5,000.00) per month for the first three months of the holdover period, then TWELVE THOUSAND AND N01100 DOLLARS ($12,000.00} for every month thereafter. Such tenancy shall be terminable upon ninety(90) days written notice served by either party. B.2. HOLD HARMLESS: COUNTY agrees to defend, indemnify and hold harmless the LESSOR from 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 required to be maintained by the LESSOR hereunder, 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 any and all claims, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent or intentional acts, errors or omissions of the LESSOR, its officers, agents or employees. B.3. ALTERATIONS, FIXTURES* AND SIGNS. COUNTY may make any lawful and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prier to the - 8 - termination of this Lease, provided it can be installed and removed without damage to the Premises. Any such alterations, signs or fixtures shall be at COUNTY'S sole cost and expense, and all signs shall meet with existing code requirements and LESSOR'S written approval. BA. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease from any cause, and repairs can be made within ninety (90) days from the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR shall repair the damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the Premises are useable by COUNTY. b. If such repairs cannot be made in ninety (90) 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 ninety <90> days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C. A total destruction of the Premises shall terminate this Lease. B.S. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the term or extension thereof peaceably and quietly have, hold, and enjoy the Premises without suit, trouble or hindrance from or on account of LESSON. as long as COUNTY fully performs hereunder, except that it is understood that LESSOR may elect, without obligation, to pave the south parking lot located adjacent to the building and part of the Premises. If LESSOR elects to construct parking lot improvements (the "Project'), the parking lot will be completely unusable during the Project and COUNTY shall utilize off- site parking, including public parking lots located within walking distance of the Premises. - 9 - LESSON. shall provide COUNTY with 30 days advance written notice of LESSOR'S intent to proceed with the Project and shall make every attempt to minimize any interference COUNTY may experience as a result of said Project. COUNTY acknowledges that said Project shall not constitute a breach of this covenant of Quiet Enjoyment. X3.6. 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 fifteen (15) business days from the date that any such rental payment is due. If, however, such failure is 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 ninety [90] days from the date such rental was due). 2. COUNTY'S failure to comply with any other material term or provision of this Lease if such failure continues thirty (30) days after written notice of failure from LESSOR to COUNTY specifying in reasonably sufficient detail the nature of said breach. If the required cure of the noticed default cannot be completed within thirty (30) days, COUNTY"S failure to perform shall constitute a default under the Lease unless COUNTY has attempted to cure the default within said thirty (30) day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. On the occurrence of an Event of Default by COUNTY, LESSOR may re-enter and repossess the Premises and remove all persons and property therefrom after giving COUNTY written notice of such default and in accordance with due process of law. b. Event of Default by LESSOR LESSOR'S failure to perform any of its obligations under this Lease shall constitute a default by LESSOR. if the failure continues for thirty (30) days 10 � after written notice from COUNTY to LESSOR 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, LESSOWS 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 and LESSOR is unable to cure such default within ninety (90) days, or sooner in the event of a perilous condition, COUNTY may terminate this Lease and quit the Premises without further cost or obligation or may proceed to repair or correct the failure and 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.g. 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 .. 11 - materially prejudice either the COUNTY or LESSOR in its respective rights and obligations contained in the valid provisions of this Lease. BJ0. WASTE,NUISANCE: COUNTY shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant of the area in which the Premises are located. B.H. INSPECTION. The LESSOR reserves the right to enter the Premises by prior appointment only at all reasonable times during the term of this Lease and any renewals thereof and to employ the proper representative or contractor for the purposes of inspecting the Premises and all buildings and improvements thereon, and for the purposes of making any repairs, additions or alterations as may be deemed appropriate by COUNTY for the preservation of the Premises, and in order to see that the Premises are 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 Premises, and in full compliance with the terms and conditions of this Lease. During a bonafide emergency, LESSOR and LESSOR'S agents shall have the right to enter the Premises to do whatever is necessary to protect the building and prevent any farther damage or destruction to the Premises and its contents. However, LESSOR shall contact the Contra Costa County Sheriffs office at (925) 646-2441 to advise the Sheriff of the nature of the emergency and request that the Sheriff send a deputy or a representative to the Premises to oversee and safeguard the Premises and its contents. 8.12. INSURANCE: a. Comprehensive General: Throughout the term of this Lease, COUNTY, at its sole cost and expense, shall maintain in full force and effect a general self- insurance elfinsurance program protecting COUNTY in an amount of not less than One Million Dollars ($1,000,000) with provisions to cover damages of all kinds including, but not limited to, bodily injury (including death), personal injury, operation of motor vehicles on the property, and property damage including loss of use. Such insurance shall name LESSOR as an additional insured. Coverage shall be in accordance with the limits specified above and the provisions - 12 - indicated herein. Claims-made policies are not acceptable. Such insurance shall not be cancelled or materially altered to reduce coverage without giving LESSOR at least thirty (30) days advance written notice of such cancellation or change, and it shall be the responsibility of COUNTY to notify LESSOR of such change or cancellation. b. Workers' Compensation Insurance: COUNTY shall maintain workers' compensation insurance as required by the State Labor Code and Employer's Liability Insurance with limits in the amount of One Million Dollars ($1,000,000) per accident. The insurer shall agree to waive all rights of subrogation against LESSOR and its employees for losses arising from work performed by COUNTY for LESSOR. c. Absence of Insurance: COUNTY agrees to maintain its self insurance policy. Failure to maintain such policy shall be cause for immediate termination of this Lease. d. COUNTY shall also have Property Insurance, Fire and Extended Coverage Form in an amount sufficient to reimburse COUNTY for all of its equipment, trade fixtures, inventory, fixtures and other personal property located on or in the Premises. LESSOR shall have no right to any insurance proceeds received by COUNTY. B.I3. LEASE TERMINATION. Should the cost of LESSOR'S responsibilities under Paragraph A.9. MAINTENANCE AND REPAIRS hereinabove cumulatively exceed the rent amount received from COUNTY during any calendar year, LESSOR may elect to terminate this Lease upon one hundred eighty (l 80) days written notice to COUNTY. As an example, COUNTY'S rent for the initial calendar year is $39,480.00. Should LESSOR'S expenses for maintenance and repairs exceed this amount, LESSOR may elect to terminate this Lease. However, after providing COUNTY with a detailed accounting of LESSOR'S expenses, COUNTY shall have the right, but not the obligation, to reimburse LESSOR for any of LESSOR'S maintenance and repair expenses that exceed the cumulative amount of _ 13 - rent due LESSOR. Should COUNTY decide to reimburse LESSOR for these maintenance and repair expenses, LESSOR shall not have the right to terminate the Lease and the Lease shall continue in full farce and effect. In an effort to keep LESSOR'S expenses under the rent threshold, COUN'T'Y shall have the right, but not the obligation, to assume, at its discretion, any of LESSOR'S responsibilities outlined in Paragraph A.9. MAINTENANCE AND REPAIR. Said responsibilities assumed by COUNTY shall be clone in a professional and workmanlike manner. (Remainder of Page Intentionally Left Blank) - 14 - LEASE 340 MARINA BOULEVARD PITTSBURG, CALIFORNIA FOR THE CONTRA COSTA COUNTY SHERIFF-CORONER SECTION C: SPECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: COUNTY shall not have the right to assign this Lease or sublease the Premises or any part thereof at any time during the term of this Lease or extension thereof without prior written authorization from LESSOR. which shall not be unreasonably withheld. However, COUNTY shall have the right to sublease a portion of the Premises to contractors providing law enforcement training programs for the COUNTY. Any subleasing of the Premises will not relieve COUNTY of any of the provisions of this Lease. COUNTY shall specifically remain liable under this Lease Pander any sublease. No assignment or subletting;shall be permitted where a profit is to be made. C.2. SERVICE BY LESSOR. It is understood and agreed from time to time during the term of this Lease and any extensions thereof, COUNTY may request LESSOR to provide certain janitorial, maintenance, construction, remodeling or like services over and above those items which are LESSOR'S responsibility as outlined in Paragraph A.9. hereinabove as requested in writing by COUNTY from time to time during the term or extension of this Lease. COUNTY shall pay to LESSOR.as additional rental one hundred percent(100%) of the costs of the service. Provided LESSOR agrees to provide any services over and above those described in Paragraph AX, 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 written approval on the scope, term, and cost of the contracts. COUNTY shall have the right to change the level of service from time to time by giving LESSOR thirty(30) days' prior written notice, including the right to terminate any or all service, or to require different contractors to provide the service. - 15 - C.3. HAZARDOUS MATERIALS: LESSOR represents and warrants that to the best of its knowledge, as of the Commencement Date of this Lease, the Premises do not contain any asbestos, polychlorinated biphenyl's ("PCB's") or urea. formaldehyde. LESSOR agrees to defend, save, protect and hold harmless COUNTY from any loss arising out of the presence of any hazardous substance in or around the Premises which is not related to COUNTY'S use and occupancy of the Premises, which obligation shall survive the termination of this Lease. LESSOR acknowledges and agrees that COUNTY shall have no obligation to clean up or remediate, or contribute toward the cost of clean up or remediation, of any hazardous substance that is not caused to be present, released, discharged or spilled on, in or under the Premises, Building, or any portion thereof, by COUNTY or any of its agents, employees, contractors, subcontractors, invitees or other representatives. COUNTY agrees to defend, save, protect, indemnify and hold LESSOR. harmless from and against all liabilities, claims, actions, Foreseeable and unforeseeable consequential damages, costs, and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of LESSOR'S counsel) or loss directly or indirectly arising out of or resulting from the presence of any hazardous substance as a result of COUNTY'S activities, in or around any part of the Premises, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any third parties or to any natural resources, which obligation shall survive the termination of this Lease. LESSOR and COUNTY covenant that they shall use, occupy and/or operate the Premises 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 - 16 - groundwater, to the use and handling of polychlorinated biphenyl's ("PCBs") or asbestos, or asbestos containing products, to the disposal, treatment, storage or !management of solid or other hazardous wastes or to exposure to toxic or hazardous materials, to the handling, transportation, 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 ("CER.CLA"), 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 other actions with respect to the release or threatened release of hazardous substances and any state nuisance statue. The parties to this Lease acknowledge that the provisions of this paragraph shall survive beyond the expiration or termination date of the Lease. A "Hazardous Substance" is defined to mean any substance, material or waste, including asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated, classified or regulated as being "toxic", "hazardous", a "pollutant" or similar designation under any federal, state or local law, regulation or ordinance. CA. LICENSE TERMINATION: It is understood and agreed that COUNTY now licenses the Premises under the terms of a license dated February 1, 2002. Upon commencement of this Lease said February 1, 2002 license shall terminate. 34GMarinalseMoc - 17 - EXHIBIT A 1340 KWINA NA N-V • p1,r1r ,-5U w-::7 South Parking Lot r � i OF ._. (1809 SI Ln � tl t i. _ B2 a____ -_-____- i i 1 -i2.1 -�- Ra PHYSICAL TRAINING\. � EXERCISE RM. (5575 SF) t 401 340 Marina Boulevard Pittsburg