HomeMy WebLinkAboutMINUTES - 12032002 - C115 TO: BOARD OF SUPERVISORSi. CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: DECEMBER 3, 2002 COUNTY
SUBJECT: LEASE FOR THE PREMISES AT 103A BERRELLESA STREET,
MARTINEZ FOR THE HEALTH SERVICES DEPARTMENT
(CP # 02-92) (TLP497)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a Lease, commencing December 1, 2002, with Luciano Pellegrini, Gloria Marangoni,
Daniel Pellegrini and Marlene Pellegrini for the premises at 103A Berrellesa Street, Martinez, for
occupancy by the Health Services Department, 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 1(a) 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 impact to the current fiscal year is approximately $3,500.00 for the period from December 1,
2002 through June 30, 2003. The lease payments are budgeted by the Health Services Department.
The required lease payments are approximately $18,000.00 over the three year term of the lease.
BACKGROUND
Approval of the lease will provide 900 square feet of warehouse space as requested by the Health
Services Department. This lease will free office space currently used for file storage. If the lease is
not approved a more expensive commercial file retrieval system may be required.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
�_�ECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):{ `.
ACTION OF BOA6�DEMXM 3,=2 APPROVED AS RECOMMENDED X _ OTHER
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT N= )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Servicers 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 UM)
Risk Management(via UM) ATTESTEDDECUM 3,2002
Health Services(via UM) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
Luciano Pellegrini,at al(via UM) ND COUNTY ADMINISTRATOR
BY .r % -DEPUTY
I:\LeaseMgt\STEVE\103Abdo2.doc SBV:tb Page 1 of 1 M382(10/88)
LEASE
103A BERRELLESA STREET
MARTINEZ, CALIFORNIA
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
TABLE OF CONTENTS
SECTION A: BASIC TERMS AND CONDITIONS
A.l. PARTIES .......................................................................................................... 1
A.2. LEASE OF PREMISES.................................................................................... 1
A.3. TERM................................................................................................................ 1
A.A. RENT................................................................................................................ 1
A.5. EXTENSION....................................................................................................2
A.6 USE OF PREMISES.........................................................................................2
A.7. UTILITIES........................................................................................................2
A.8. MAINTENANCE AND REPAIRS ..................................................................2
A.9. NOTICES..........................................................................................................3
A.10. EXHIBITS AND ATTACHMENTS................................................................4
A.11. WRITTEN AGREEMENT...............................................................................4
A.12. TIME IS OF THE ESSENCE...........................................................................4
A.13. SIGNATURE BLOCK.....................................................................................5
SECTION B: STANDARD PROVISIONS
B.1. HOLDING OVER.............................................................................................6
B.2. HOLD HARMLESS .........................................................................................6
B.3. ALTERATIONS, FIXTURES, AND SIGNS...................................................6
B.4. DESTRUCTION...............................................................................................7
B.5. QUIET ENJOYMENT......................................................................................7
B.6. DEFAULTS ......................................................................................................7
B.7. SURRENDER OF PREMISES.........................................................................9
B.8. SUCCESSORS AND ASSIGNS ......................................................................9
B.9. SEVERABILITY..............................................................................................9
B.10. 'WASTE, NUISANCE.......................................................................................9
B.11. INSPECTION ...................................................................................................9
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE................................................................... 10
C.2. INSURANCE.................................................................................................. 10
C.3. SERVICE BY LESSOR.................................................................................. 10
CA. HAZARDOUS MATERIALS........................................................................ 11
EXHIBITS
EXHIBIT A: PREMISES
42,
LEASE
FOR
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
103A BERRELLESA STREET
MARTINEZ, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on DEC 3 2002 , LUCIANO PELLEGRINI,
GLORIA MARANGONI, DANIEL PELLEGRINI AND MARLENE PELLEGRINI,
hereinafter called "LESSOR", and the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter called "COUNTY", mutually agree and
promise as follows:
A.2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby
leases to COUNTY, and COUNTY leases from LESSOR those certain premises
described as follows: A building containing approximately 900 square feet of warehouse
space commonly known as 103A Berrellesa Street, Martinez, California ("Premises") and
more particularly described in Exhibit A, attached hereto and made a part hereof, together
with non-exclusive use of the parking area in and around the front of the building.
A.3. TERM: The term of this Lease shall be three (3) years, commencing December 1,
2002 and ending November 30, 2005.
A.4. RENT: COUNTY shall pay to LESSOR 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
Lease as follows:
a. FOUR HUNDRED FIFTY-ONE AND 61/100 DOLLARS ($451.61) for
the period from December 4, 2002 through December 31, 2002.
b. FIVE HUNDRED AND N0/100 DOLLARS ($5001.00) for the period from
January 1, 2003 through November 30, 2005.
1
Payments shall be mailed to: Gloria Marangoni, 4420 Pleasant Hill Road East,
Martinez, CA 94553 or such other address as LESSOR may from time to time designate
by written notice to COUNTY.
A.S. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon
the same terms and conditions, except the rental shall be adjusted as follows:
a. First Option: For a two (2) year term, commencing December 1, 2005 and
ending November 30, 2007, at a rental of FIVE HUNDRED FIFTY-ONE
AND N0/100 DOLLARS ($551.00) per month.
b. Second Option: For a two (2) year term, commencing December 1, 2007
and ending November 30, 2009, at a rental of SIX HUNDRED EIGHT
AND NO/100 DOLLARS ($60$.00)per month.
It is understood and agreed COUNTY shall give LESSON. thirty (30) days prior
written notice of its intention to exercise any option to extend this Lease. However, in the
event COUNTY does not give such written notice, its right to exercise any option before
termination of the Lease shall not expire until fifteen (15) working days after receipt of
LESSOR'S written demand to exercise or forfeit said option.
A.6 USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting storage functions for the COUNTY.
A.7. UTILITIES: COUNTY shall pay for all electric and refuse collection services
provided to the Premises.
A.S. MAINTENANCE AND REPAIRS:
a. LESSOR shall keep the roof and exterior of the building in good order,
condition, and repair and shall maintain the structural integrity of the
building. COUNTY shall maintain and repair the exterior doors and their
fixtures, closers and hinges, glass and glazing, and all locks and key
systems used in the Premises.
b. COUNTY shall keep and maintain the interior of the Premises in good
order, condition, and repair, but LESSOR shall repair damage to the interior
2
5
caused by failure to maintain the exterior in good repair, including damage
to the interior caused by roof leaks and/or interior and exterior wall leaks.
C. COUNTY shall repair and maintain the electrical and lighting systems in
good order, condition, and repair.
d. At the commencement of this Lease the heating system was not functional.
Should COUNTY elect to make the heating system functional, COUNTY
shall maintain and repair the heating system.
e. LESSOR. shall maintain the parking area and exterior lighting system in
good order, condition, and repair.
f. COUNTY shall provide and install, at the direction of the Fire Marshal, the
necessary number of A-B-C fire extinguishers for the Premises. COUNTY
shall thereafter maintain, repair, and replace the extinguishers.
g. COUNTY shall not suffer any waste on or to the Premises.
h. LESSOR. shall be responsible for the correction of any code violations
which may exist in the Premises, provided LESSOR shall not be liable for
correction of code violations which arise out of and are directly related to a
change in COUNTY'S occupancy or use of the Premises.
A.9. NOTICES: All notices given hereunder shall be in writing and shall be deemed to
have been given if personally delivered or deposited in the United States mail postage
prepaid, certified or registered, return receipt requested, and addressed to the other party
as follows or as otherwise designated by written notice hereunder from time to time:
To LESSOR: Gloria Marangoni
4420 Pleasant Hill Road East
Martinez, CA 94553
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
3
A.10. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, and Exhibit A — Premises are attached to this Lease and are made a
part hereof.
A.11. WRITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Lease. All previous conversations, negotiations, and
understandings are of no further force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs and pages are for
convenience only and are not a part of this Lease, nor shall they be considered in
construing the intent of this Lease.
A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
(Remainder of Page Intentionally Left Blank)
4
A.13. SIGNATURE BLOCK.
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a LUCIANO PELLEGRINI, GLORIA
Political subdivision of the State of MARANGONI, DANIEL PELLEGRINI,
California MARLENE PELLEGRINI
By 1 !t-6%, B
Director of General Services Luciano Pellegrini
RECOMMENDED FOR APPROVAL: By
ria' i
By
4Diretorf apital Facilities and By
Debt Management Daniel Pellegrini
By. By
Lease Manager Marl6ne Pellegrini-_AL_
`=
By LJ- A.
Health gervices Representative
APPROVED AS TO FORM:
SILVANO MARCHESI, County Counsel
By
Deputy
5
� > :. ,sem;•' y'� {;mss;,'„<
Q
LEASE
FOR
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
103A BERRELLESA STREET
MARTINEZ, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term or extension of this Lease as
provided hereinabove shall be construed to be a tenancy from month to month, subject to
the terms of this Lease so far as applicable.
B.2. HOLD HARMLESS: COUNTY agrees to defend, indemnify, and hold harmless
the LESSOR from the COUNTY'S share of any and all claims, costs and liability for any
damage, injury or death of or to any person or the property of any person arising out of
negligent or intentional acts, errors or omissions of the COUNTY, its officers, agents or
employees. COUNTY shall not be liable in the case of any structural, mechanical or
other failure of equipment and/or building owned and maintained by the LESSOR or for
other liability which is attributable, in whole or in part, to the negligence, willful
misconduct, or other intentional act, error or omission of LESSOR, which results in
damage to any person or property.
LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the
LESSOR'S share of any and all claims, costs and liability for any damages, injury or death
of any person or the property of any person arising out of the negligent or intentional acts,
errors or omissions of the LESSOR, its officers, agents or employees.
B.3. ALTERATIONS FIXTURES, AND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach fixtures and signs in or upon the Premises, which
shall remain COUNTY property and may be removed therefrom by COUNTY prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY'S
sole cost and expense, and all signs shall meet with existing code requirements and
LESSOR'S approval.
6
BA. DESTRUCTION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Lease or extension thereof from any cause, and repairs can
be made within sixty (60) days from the date of the damage under the
applicable laws and regulations of governmental authorities, LESSOR shall
repair the damage promptly and within a reasonable time, but such partial
destruction shall not void this Lease, except that COUNTY shall be entitled
to a proportionate reduction of rent while such repairs are being made, such
proportionate reduction to be based upon the extent to which the Premises
are unusable by COUNTY.
b. If such repairs cannot be made in sixty (60) days, LESSOR may, at its
option, make the same within a reasonable time, the rent to be
proportionately reduced as provided in the previous subparagraph. In the
event LESSOR does not so elect to make such repairs (which cannot be
made in sixty (60) days), or such repairs cannot be made under such laws
and regulations, this Lease may be terminated at the option of either party.
C. A total destruction of the Premises shall terminate this Lease.
B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times
during the term or extension thereof peaceably and quietly have, hold, and enjoy the
Premises without suit, trouble or hindrance from or on account of LESSOR as long as
COUNTY fully performs hereunder.
B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of
Default under this Agreement:
a. Event of Default by COUNTY:
1. COUNTY'S failure to pay any Rental within ten (10) business days after
written notice of failure from LESSOR to COUNTY. If, however, payment is
not made within ten (10) business days of said written notice due to
circumstances beyond the reasonable control of COUNTY, which
7
X�
circumstances may, without limitation hereby, include failure of COUNTY to
adopt a budget, then COUNTY shall make such payment within such
additional time [but not to exceed a total of seventy five (75) days from
LESSOR'S notice to COUNTY.]
2. COUNTY'S failure to comply with any other material term or provision of this
Lease if such failure continues thirty (30) days after written notice of failure
from LESSOR to COUNTY specifying in reasonably sufficient detail the
nature of said breach. If the required cure of the noticed default cannot be
completed within thirty (30) days, COUNTY'S failure to perform shall
constitute a default under the Lease unless COUNTY has attempted to cure the
default within said thirty (30) day period and has diligently and continuously
attempted to complete the cure as soon as reasonably possible.
On the occurrence of an Event of Default by COUNTY, LESSOR may re-enter and
repossess the Premises and remove all persons and property therefrom after giving
COUNTY written notice of such default and in accordance with due process of law.
b. Event of Default by LESSOR:
LESSOR'S failure to perform any of its obligations under this Lease shall
constitute a default by LESSOR if the failure continues for thirty (30) days after
written notice of the failure from COUNTY to LESSOR. If the required cure of
the noticed default cannot be completed within thirty(30) days, LESSOR'S failure
to 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.
8
On the occurrence of an Event of Default by LESSOR., COUNTY may terminate this
Lease and quit the Premises without further cost or obligation or may proceed to repair or
correct the failure and either deduct the cost thereof from rental payments due to
LESSOR, or at COUNTY'S option, invoice LESSOR. for the cost of repair, which
invoice LESSOR shall pay promptly upon receipt.
B.7. SURRENDER OF PREMISES. On the last day of the term, or sooner
termination of this Lease, COUNTY will peaceably and quietly leave and surrender to
LESSOR these Premises with their appurtenances and fixtures (except signs and fixtures
referred to hereinabove) in good order, condition, and repair, excepting for reasonable use
and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act
of God, or by circumstances over which COUNTY has no control. COUNTY shall not be
liable for painting the interior of the Premises upon termination of this Lease.
B.B. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall
extend to and be binding upon and inure to the benefit of the heirs, successors, and
assigns of the respective parties hereto.
B.9. SEVERABILITY: In the event that any provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision does
not materially prejudice either the COUNTY or LESSOR in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. WASTE, NUISANC",E: 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 the neighborhood in which the Premises are located.
B.11. INSPECTION: The LESSOR reserves the right to enter the Premises by prior
appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, and to employ the proper representative or contractor in order to see
that the property is being reasonably cared for, that no waste is being made, and that all
things are done in the manner best calculated for the preservation of the property, and in
full compliance with the terms and conditions of this Lease.
9
LEASE
FOR
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
103A BERRELLESA STREET
MARTINEZ, CALIFORNIA
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 the written consent of LESSOR, which shall not be
unreasonably withheld.
C.2. INSURANCE: Throughout the term of this Lease and any extension thereof,
COUNTY, at its sole cost and expense, shall maintain in full force and effect, a general
self-insurance program covering bodily injury (including death), personal injury, and
property damage, including loss of use. COUNTY shall provide LESSOR a letter of self-
insurance
elfinsurance indicating the aforementioned provisions are in effect and naming LESSOR as
additional insured.
The COUNTY'S self insurance coverage does not extend to those areas to be
maintained by the LESSOR under this Lease nor to negligence, willful misconduct or
other intentional act, error or omission of LESSOR, its officers, agents, or employees.
COUNTY shall provide insurance for the Premises, any improvements and
betterments, its own contents and its personal property contained within or on the
Premises under a standard all-risk policy. LESSOR shall have no interest in the insurance
proceeds upon COUNTY"S Improvements, equipment and fixtures and will sign all
documents necessary or proper in connection with the settlement of any claim or loss by
COUNTY.
C.3. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide
certain maintenance, construction, remodeling or like services beyond those which are the
LESSOR'S responsibilities as specified in Paragraph A.8, as requested by COUNTY
10
from time to time during the term of this Lease or extension thereof. COUNTY shall pay
to LESSOR as additional rental one hundred percent (100%) of the costs of the service.
LESSOR shall consult with COUNTY and select either licensed, insured
contractors or employees of LESSOR to provide the service. LESSOR shall obtain
COUNTY'S prior approval on the scope, term, and cost of the contracts. COUNTY shall
have the right to change the level of service from time to time by giving LESSOR. thirty
(30) days' prior written notice, including the right to terminate any or all service, or to
require different contractors to provide the service.
CA HAZARDOUS MATERIALS: LESSOR warrants to COUNTY that LESSOR
does not have any knowledge of the presence of hazardous materials or contamination of
the Premises in violation of environmental laws. LESSOR agrees to defend, save, protect
and hold harmless COUNTY from any loss arising out of the presence of any hazardous
materials on the Premises which is not a result of the COUNTY'S use and occupancy of
the Premises. LESSOR acknowledges and agrees that COUNTY shall have no obligation
to clean up or remediate, or to contribute towards the cost of clean up or remediation, of
any hazardous materials that is not caused to be present, released, discharged or spilled on
or about the Premises by COUNTY or any of its agents, employees, contractors, invitees
or other representatives. The obligations of this paragraph shall survive the termination
of this Lease.
"Hazardous Materials" is defined to mean any substance, material or waste,
including lead based paint, asbestos and petroleum (including crude oil or any fraction
thereof), which is or becomes designated as a hazardous substance, hazardous waste,
hazardous material, toxic substance or material under any federal, state or local law,
regulation or ordinance.
11
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