HomeMy WebLinkAboutMINUTES - 12032002 - C117 GROUND LEASE
between
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
and
CONTRA COSTA COUNTY
for
COMMUNITY SERVICE DEPARTMENT
SAN PABLO, CALIFORNIA
TABLE OF CONTENTS
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES.........................................................................................................1
A.2. LEASE OF PREMISES .................................................................................1
A.3. PURPOSE........ .............................................................................................1
A.4. USE. ................................................................................................................2
A.5. TERM..............................................................................................................2
A.6. RENT...............................................................................................................2
A.7. EXTENSION...................................................................................................3
A.8. UTILITIES/JANITORIAL..............................................................................4
A.9. MAINTENANCE AND REPAIRS.................................................................4
A.10.NOTICES........................................................................................................5
A.11.ATTACHMENTS...........................................................................................5
A.12. WRITTEN AGREEMENT.............................................................................5
A.13. TIME IS OF THE ESSENCE .........................................................................6
A.14 SIGNATURE BLOCK.....................................................................................6
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER...........................................................................................7
B.2. EARLY TERMINATION...............................................................................7
B.3. HOLD HARMLESS........................................................................................7
B.4. ALTERATIONS, FIXTURES, AND SIGNS.................................................7
B.5. DESTRUCTION.............................................................................................8
B.6. QUIET ENJOYMENT....................................................................................8
B.7. DEFAULT.......................................................................................................9
B.8. SURRENDER OF PREMISES.....................................................................10
B.9. SUCCESSORS AND ASSIGNS...................................................................10
B.10. SEVERABILITY..........................................................................................10
B.11. WASTE, NUISANCE...................................................................................10
B.12. INSPECTION................................................................................................10
SECTION C: SPECIAL PROVISIONS
C.I. ASSIGNMENT OR SUBLEASE .................................................................12
C.2. INSURANCE................................................................................................12
C.3. CANCELLATION........................................................................................13
CA. DISPOSITION OF IMPROVEMENTS........................................................13
C.5. ACCOMPLISHMENT OF COUNTY IMPROVEMENTS..........................14
C.6. COMPLETION & OCCUPANCY ...............................................................17
C.7. HAZARDOUS MATERIALS ......................................................................18
C.8. SERVICES BY DISTRICT...........................................................................18
EXHIBITS
A-PREMISES
B-PARKING LOT
C-COUNTY IMPROVEMENTS BUDGET&SCHEDULE
completion of Facility and Improvements ("County Improvements' by the District and
acceptance by COUNTY,COUNTY shall retain ownership of the County Improvements.
AA USE OF PRRNUSES: The Premises shall be used during the term of this Lease
and any extensions solely for the purpose of conducting Contra Costa County Community
Services Department Head Start and/or Child Development Programs, which may be
operated by the COUNTY or through a contractor or subtenant of the COUNTY.
A.5. : The term of this Lease shall be ten(10)years, commencing the fiat of
the month following acceptance of County Improvements and the Premises in accordance
with Paragraph C.8. and endingon the last day of the one hundred and twentieth (120)
month. District and County agree to execute a memorandum acknowledging the
commencement date and expiration date following the acceptance of County
Improvements and the Premises.
A.6. RENT: During the term of this Lease, COUNTY shall pay to DISTRICT as
rent for the use of the Premises an annual rental of SIX THOUSAND AND N0/100
DOLLARS ($6,000.00)payable in advance in one lump sum on or before the first date
of each annual year during the term of this Lease.
Payments shall be mailed to: Contra Costa Community College District
500 Court Street
Martinez, CA 94553.
or to any other location designated by the District.
A. Rent A 'ustiments: The annual rent shall be adjusted by Cost of Living Adjustments
("COLAS")received by the primary program occupying the Premises. The Head Start
Program ("Head Start") is the primary program occupant of the Premises and is funded
through the U.S. Department of Health and Human Services. If Head Start receives a
COLA,then the annual rental would be adjusted by the same percentage amount,rounded
to the nearest dollar.
For example, if for the period of October 1, 2002 through September 30,
2003, Head Start were to receive a 3% COLA, the annual rent would be adjusted
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as follows:
3% of $6,000.00=$180.00 plus the prior rent of $6,000.00 annually equals an
adjusted rent of$6,180.00 for the period of October 1,2002 through September 30,
2003.
And if for the subsequent year October 1, 2003 through September 30, 2004,
Head Start receives a 2% COLA, the annual rent for the same time period would
be adjusted as follows:
2% of$6,180.00=$123.60+ $6,180.00=$6,303.60 rounded to the nearest dollar
$6,304.00 annual rent for the period of October 1, 2003 through September 30,
2004.
Both parties acknowledge that Head Start does not receive annual COLA's
every year. However when the COLA is received,the annual rent will be adjusted
the same percentage amount as described in the above examples. However both
parties agree that in no event shall the annual rent be less than $6,000.00.
B. Tri- incl_Cmtdbulion: Head Start regulations require that at any time during
the term of this Lease or any extension thereof, should there be a difference
between the fair market rental value of the Premises, as determined by an
independent third party, and the value of the consideration for this Agreement,
this Lease shall be amended to establish the amount of the in-kind contribution.
In that event, DISTRICT also agrees to complete the necessary forms,
information, documentation and records that will provide evidence to verify the
in-kind contribution of non-federal matching funds for the Community Services
Head Start Program operating on the Premises in order to assist COUNTY in
conforming to the requirements of the U.S. Department of Health and Human
Services for in-kind matching share.
A.7. EX33M ON: The Lease will be automatically extended on a
yearly basis unless terminated or cancelled by either party in accordance with
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4117 411)
paragraph C.3.
A,,g, F IAN1T 2JA1'- In accordance with Paragraph C.5.
ACCONFUSMEM RC1 Co=MPROVFAFNTS, submeters shall be installed
for the gas, electricity and water lines serving the Premises. COUNTY shall be
responsible for such gas, electric, and water service, and for sewer and refuse
collection. COUNTY shall be responsible for all janitorial services provided to the
Premises.
A.9. MA-INTENANCE AND REPAIRS:
A. COUNTY shall be responsible for all maintenance and repairs to the
Facility, including the roof and exterior, maintenance of the structural integrity
of the Facility, the exterior doors and their fixtures, closers and hinges, glass
and glazing, and all locks and key systems used in the Facility.
B. COUNTY shall keep and maintain the interior of the Facility in good
order, conditions, and repair including the electrical, lighting, water, plumbing,
heating, ventilating, and air-conditioning systems.
C. COUNTY shall maintain the play equipment and landscaping located
within the playground area on the Premises.
D. DISTRICT shall maintain the College parking lot, landscaping, sprinkler
system, and exterior lighting system for the parking lot in good order,
condition, and repair.
B. COUNTY shall provide and install at its sole cost and expense, 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 said extinguishers.
F. DISTRICT shall be responsible for delivery of the premises in compliance
with all applicable building and state codes. DISTRICT shall not be liable for
correction of code violations which anise out of and are directly related to a
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change in COUNTY'S occupancy or use of the Premises.
A.10. NOTICES: All notices given hereunder shall be in writing and shall be deemed
to have been given if personally delivered or deposited in the United States mail
postage prepaid, certified or registered, return receipt requested, and addressed to the
other party as follows or as otherwise designated by written notice hereunder from time
to time:
To District: Contra Costa Community College District
500 Court St.
Martinez, CA 94553
Attn: Vice Chancellor Finance & Administration
and
President
Contra Costa College
2600 Mission Bell Dr.
San Pablo, CA
To County: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
A.11. A7'�i_"ACHMENT : Section B, Standard Provisions, Section C, Special
Provisions, and Exhibits A -"Premises", B-"Parking Lot" and C-"County
Improvements Budget & Schedule" are attached to this Lease and are made a part
hereof.
A.12. MrR=N AGEE : .Neither party has relied on any promise or repre-
sentation 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 pages and paragraphs are for
convenience only and are not a part of this Lease, nor shall they be considered in
construing the intent of this Lease.
(Remainder of Page Intentionally Left Blank)
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A.13. TIME IS OF THE ESSENCE of each and all of the terms and provisions of
this Lease.
A.14. SIGNATURES
CQ= DISTRIC
COUNTY OF CONTRA COSTA, a CONTRA COSTA COMMUNITY
political subdivision of the State of COLLEGE DISTRICT, a Community
California College trict o e State of
Califo
By
—Qo"Alwr�- -
Director of General Services B
1c cellor, Finance
RECOMMENDED FOR APPROVAL ' 'stration
Jotm E.Her4dckwn
Vb Ctwwbr, Finance and Ad*jsv on
By Anietant Sawary,Goveming Board
Director, pital Nicilities and Debt
Management
By
Director of Community Services
By
Lease Manager
PROVED AS TO FORM:
SILVANO MARCH L
County Counsel
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GROUND LEASE
between
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
TO
CONTRA COSTA COUNTY
FOR
FOR COMMUNITY SERVICES DEPARTMENT
SAN PABLO, CA
SECTION B: STANDARD PROVISIONS
B.1. 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. If this Lease terminates before the end of any annual
term for which the rent has been paid, a prorata refund shall be returned to COUNTY
no later than thirty (30) days after the termination date of this Lease.
8.3. BOLD HARMLESS: COUNTY agrees to indemnify and hold harmless
DISTRICT 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, including reasonable attorneys' fees,
arising out of negligent acts, errors or omissions of the COUNTY, its officers,
employees or invitees. COUNTY shall not be responsible for the negligence or willful
misconduct of DISTRICT, which results in damage to any person or property.
DISTRICT agrees to indemnify and hold harmless COUNTY from any and
all claims, costs, and liability for any damages, injury or death of any person or the
property of any person, including reasonable attorneys' fees, arising out of negligent
acts, errors or omissions of the DISTRICT, its agents or employees. DISTRICT shall
not be liable for the negligence or willful misconduct of COUNTY, which results in
damage to any person or property.
8.4. AIT MATIOM; FC `1'r] ESE A_`ND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach Mures, playground equipment and signs in or
upon the Premises, which shall remain COUNTY property and be removed therefrom
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lei
by COUNTY, at DISTRICT request, 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 College signage requirements.
8.5. 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 sixty (60)
days from the date of the damage under the applicable laws and regulations of
governmental authorities, COUNTY shall repair the damage promptly and
within a reasonable time, but such partial destruction shall not void this Lease,
except that if the Facility is unusable, upon mutual agreement by both parties on
the extent of the Facility that is unusable, COUNTY shall be entitled to a
reduction of rent while such repairs are being made.
B. If such repairs cannot be made in sixty (60) days, COUNTY may, at its
option, mare the same within a reasonable time, if the Facility is unusable, the
rent shall be reduced as provided in the previous subparagraph. In the event
COUNTY does not 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. The COUNTY, at its
sole cost and expense, shall be responsible for clearing the Premises of any
debris and returning the Premises to the condition which existed immediately
prior to the commencement of this Agreement.
C. A total destruction of the Premises shall terminate this Lease. The COUNTY
shall be responsible for clearing of any debris and returning of the Premises as
provided for in the preceding sub-paragraph.
B.6. QJM ENJOYMENT: DISTRICT covenants that COUNTY shall at all times
during the said term peaceably and quietly have, hold, and enjoy the Premises without
suit, trouble or hindrance from or on account of DISTRICT as long as COUNTY fully
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performs hereunder.
B.7. DEFAUlaS: The occurrence of any of the following shall constitute an Event
of Default under this LEASE:
A. Event of Default by t TN"t'Y COUNTY'S failure to pay any hent within
ten(10)business days after the rental due date. If,however,payment is not made
within ten(10)business days of the rental due date due to circumstances beyond
the reasonable control of COUNTY,which circumstances may,without limitation
hereby, include failure of COUNTY to adopt a budget for the Lease, the
COUNTY shall make such payment within such additional time [but not to exceed
a total of seventy five (75) days] from the rental due date.
COUNTY'S failure to comply with any other material term or provision
of this Lease if such failure continues sixty(60) days after written notice of failure
from DISTRICT to COUNTY specifying in reasonably sufficient detail the nature
of said breach. If the required cure of the noticed default cannot be completed
within sixty (60) days, COUNTY'S failure to perform shall constitute a default
under this Lease unless COUNTY has requested DISTRICT approval for
additional time to cure the default. COUNTY shall provide DISTRICT with a
detailed description of the required cure and the amount of additional time needed
to complete the cure. DISTRICT approval shall not be unreasonably withheld.
On the occurrence of an Event of Default by COUNTY, DISTRICT may
re-enter and take possession of 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 or DISTRICT shall have the right to make any repairs to
complete the cure and invoice the COUNTY for the cost of such repairs. Upon
receipt, COUNTY shall promptly pay said invoice.
B. Event of Default by DISMI . DISTRICT'S failure to perform any of its
obligations under this Lease shall constitute a default by DISTRICT if the failure
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continues for sixty(60) days after written notice of the failure from COUNTY to
DISTRICT. If the required cure cannot be completed within sixty (60) days,
DISTRICT'S failure to perform shall constitute a default under the Lease unless
DISTRICT has attempted undertakes to cure the failure within sixty(60) days and
diligently and continuously attempts to complete this cure as soon as reasonably
possible.
On the occurrence of an Event of Default by DISTRICT, COUNTY shall
have the right to make repairs and invoice the DISTRICT for the cost of said
repairs. Upon receipt, DISTRICT shall promptly pay said invoice.
B.8. SURRENDER OF PREMISES: On the last day of the said term, or sooner
termination of this Lease, COUNTY will peaceably and quietly leave and surrender to
DISTRICT these Premises with their appurtenances and fixtures (except signs and
fixtures referred to hereinabove) in an "AS IS" condition, including reasonable use and
wear thereof and except for damage by earthquake, fire, public calamity, by the
elements, by Act of God, or by circumstances over which COUNTY has no control.
B.9. SUCCESSORS AND A SIG : 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.10. SE)MARIL.ITY: In the event that any provision herein is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision
shall not materially prejudice either COUNTY or DISTRICT in its respective rights
and obligations contained in the valid provisions of this Lease.
B.11. `WbSTE; NiTIGANCF, 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 College on which the Premises are located.
B.12. INSPECTION: DISTRICT 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
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Friday, holidays excepted, or at any time in the event of an emergency and to employ
the proper representative or contractor in order to see that the Premises is being
reasonable 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.
(Remainder of Page Intentionally Left Plank)
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A/
GROUND LEASE
between
CONTRA COSTA COMMUNITY COLLEGE DISTRICT
TO
CONTRA COSTA COUNTY
FOR
COMMUNITY SERVICES DEPARTMENT
SAN PABLO, CA
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMFFNT OR UB .FAM: COUNTY shall have the right to assign this
Lease or sublease the Premises at any time during the term of this Lease or extension
thereof only to a non-profit provider of Head Start and child development programs
who is a contractor of the COUNTY. However, COUNTY shall continue to be
responsible for fulfilling all the obligations of the terms and conditions of the Lease.
C.2. INSURANCE:
A. general Liability 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 DISTRICT a letter of self-insurance indicating the
aforementioned provisions are in effect and naming the DISTRICT as additional
insured.
B. T 'abi&ry 11murance by D152=: Throughout the term of this Lease
and any extension thereof, DISTRICT, at its sole cost and expense, shall maintain in
full force and effect comprehensive or commercial General Liability insurance or a
self-insurance program covering bodily injury (including death), personal injury,
property damage, and loss of use.
DISTRICT shall provide COUNTY a certificate or letter of insurance
indicating the aforementioned provisions and naming the COUNTY as additional
insured.
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C. COUNTY shall provide fire insurance on the Facility, any
improvements and betterments, its own contents and its personal property contained
within or on the Premises under a standard all-risk policy. DISTRICT 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. C_A_11Tc`_EILAT[ON: In the event of loss of funding for the Head Start program,
COUNTY shall have the right to cancel this Lease at any time, by giving DISTRICT
sixty (60) days prior written notice. Within thirty (30) business days of the COUNTY
vacating the premises, the DISTRICT shall pro-rate the annual rent paid by COUNTY
and refund to COUNTY the amount attributable to the remainder of the annual Lease
term. It is agreed that DISTRICT shall have the right to cancel this Lease after the
initial Term, provided the cancellation date is at the end of a school year and provided
District has given County at least a six month written notice of its intention to cancel.
C.4. DISPOSi_TTION OF IMI)VEMENTS: Upon termination of this Lease,
COUNTY shall have the right, but not the obligation, to remove the Facility and
Improvements ("County Improvements"), within six (6) months after the termination
date of this Lease. If COUNTY chooses not to remove the County Improvements,
COUNTY shall offer the County Improvements to DISTRICT. COUNTY shall not
be responsible for any costs associated with the transfer of title. COUNTY will
surrender said County Improvements in an "AS IS" condition and will not be
responsible for any deferred maintenance or repairs. If DISTRICT elects not to accept
title to the County Improvements, DISTRICT shall provide COUNTY with written
notice for removal of the County Improvements within ninety (90) days. COUNTY
shall then, at its sole cost and expense, remove the County Improvements and return
the Premises to the condition which existed immediately prior to commencement of this
Agreement.
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C.5. ACCiJM"St7Mlr ■ OF CLlUM 11M2iI YL'aMNTS:
A. DISTRICT and COUNTY agree that DISTRICT shall construct County
Improvements in accordance with the following:
(1) DISTRICT shall design and site the modular building in
accordance with all applicable Federal, State, County and City codes,
regulations, laws and ordinances, including but not limited to, conducting all
necessary studies and obtaining all necessary licenses and permits.
(2) Title to items of equipment included in the County Improvements
shall vest in the COUNTY. This equipment shall be adequately maintained
during the time it is in the custody of DISTRICT.
(3) DISTRICT shall prepare the site for placement of a new modular
building of approximately 2,000 square feet with adequate space for two
classrooms, each of which shall be approximately 800 square feet. Floor
covering in the classrooms shall be sheet vinyl. The building shall have a
toilet room with three waterclosets for use by children. Also included in the
gross space will be a kitchenette, adult restrooms and an office area. The
Building shall also have a fire alarm system and smoke detectors.
(4) Exterior improvements shall include a fenced play area of
approximately 3,000 square feet. Landscaping with trees and shrubs will
surround portions of the play area.
B. DISTRICT shall oversee preparation of schematic and design
development drawings for the project by licensed architects and engineers;
obtain any required approvals from other governmental agencies; review
construction drawings and specifications; prepare bid documents meeting
applicable procurement standards and other standards which may be a
condition of funding sources; publicly advertise and receive bids for the
work; recommend award of the construction contract(s); oversee the
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construction work and monitor compliance with the contract documents
including "prevailing wage" provisions, if any; authorize progress payments
and account for same; and conduct inspections as needed, including final
inspection and close-out.
C. DISTRICT shall submit five (5) copies of design development
architectural drawings to COUNTY'S General Services Department
Architectural Division ("Architectural Division") for written comments
before proceeding with construction documents. Upon receipt of the design
development drawings, Architectural Division shall provide comments within
ten (10) business days. DISTRICT shall submit five (5) copies of final
construction plans and specifications of materials and equipment to be
installed to the Architectural Division for written approval. Upon receipt of
the construction drawings, Architectural Division shall provide comments
within ten (10) business days. DISTRICT shall submit the COUNTY
approved construction drawings to the Division of the State Architect (DSA)
for their approval
After approval by COUNTY and DSA, DISTRICT shall not make or
cause to be made any changes in said plans or specifications without the prior
written consent of COUNTY. DISTRICT shall make changes, additions or
deletions upon written Change Order from COUNTY and such items shall be
charged at direct cost for construction and professional services. COUNTY
hereby reserves the right to inspect during construction of improvements as
specified herein, but will not interfere with DISTRICT'S work and will notify
.DISTRICT of any requests, recommendations or discrepancies.
D. DISTRICT shall commence construction within ninety (90) days of
receiving COUNTY'S written approval of plans and specifications and the
improvements shall be complete, including final inspections and issuance of
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changes in said plans and specifications without written consent of COUNTY.
C.6. COMPLETION AND OCC : The following procedure shall apply for
completion and acceptance of the County Improvements.
A. Upon DISTRICT"S completion of Improvements, written notice thereof
to the County Lease Manager, COUNTY shall inspect within three (3)
workdays after receiving said notice and shall accept or reject said County
Improvements within six. (6) workdays of receipt of such written notice.
B. The sole basis for rejection of the County Improvements shall be
nonconformity with plans and specifications or applicable laws or ordinances.
In the event COUNTY rejects the County Improvements, COUNTY shall
provide DISTRICT with a reasonably detailed list of the deficient portions or
details of the County Improvements.
C. DISTRICT shall immediately commence to complete or correct the
rejected portion.
D. COUNTY shall reimburse DISTRICT One Hundred percent (100%) of
the costs for completion of the County Improvements. Ten percent (10%) of
the costs shall be paid to DISTRICT upon Lease execution and COUNTY
shall reimburse DISTRICT one hundred percent (100%) of the Building
Permit fees upon DISTRICT submission of such fees. After Lease execution
and initial 10% payment and in accordance with Exhibit C "County
Improvements Budget and Schedule" which is attached hereto and
incorporated herein, DISTRICT may submit to COUNTY a properly
documented Progress Payment (based on a percent (%) completed basis)
request for the amount owed to DISTRICT on a form approved by
COUNTY. DISTRICT shall provide lien releases from all contractors and
suppliers, along with the payment request. Payment shall be due to
DISTRICT within ten(10) business days of receipt of request by COUNTY.
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B. Acceptance of Improvementsby COUNTY shall not constitute a waiver
of any warranty of any defect regarding workmanship or material of the
Improvements
C.7.HAZARi2011S MATERIALS:
A. As used herein, "Hazardous Materials" 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.
B. DISTRICT warrants that it has no knowledge of the presence of any
Hazardous Materials on the Premises. In the event that Hazardous Materials are
discovered, DISTRICT, at its sole cost and expense, shall be responsible
removal or disposal of any such materials. DISTRICT shall indemnify,defend,
save, protect and hold harmless COUNTY and COUNTY'S successors and
assigns, officers, directors and employee's from all liability, damages,penalties,
expenses and costs, for any necessary or required remediation, repair, removal
or cleanup of Hazardous Materials from the Premises.
C. COUNTSshall indemnify, defend, save, protect and hold harmless,
DISTRICT and DISTRICT'S successors and assigns, officers, directors and
employees from all liability, damages, penalties, expenses and costs, for any
necessary or required remediation, repair, removal or cleanup of Hazardous
Materials resulting from COUNTY'S activities on the Premises or COUNTY'S
use, release or disposal of Hazardous Materials on or from the Premises.
The provisions of this paragraph shall survive the termination of this Lease.
C.S. SEMCES BY DTS=T: It is understood and agreed from time to time
during the term of this Lease and any extensions, COUNTY may request DISTRICT
to provide certain janitorial, landscaping, maintenance, construction, remodeling or life
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services over and above those responsibilities of DISTRICT as described in Paragraph
A.9.of this COUNTY shall pay to DISTRICT as additional rental one hundred
percent (100%) of the costs of said service.
Provided DISTRICT agrees to provide any services over and above those
described in Paragraph A.9 as requested by COUNTY, the DISTRICT shall consult
with COUNTY and select either licensed, insured contractors or employees of
DISTRICT to provide the service. DISTRICT 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 DISTRICT (30) days' prior written
notice, including the right to terminate any or all service, or to require different
contractors to provide said service.
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EXHIBIT A— PREMISES
CONTRA COSTA HEADSTART LOCATION
CONTRA COSTA COLLEGE
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CONTRA COSTA COMMUNITY COLLEGE
SAN PABLO CA
PROD T L06ATION LOT #3
EXHIBIT A -PREMISES
CONTRA COSTA HEADSTART BUILDING
CONTRA COSTA COLLEGE
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EXHIBIT B— PARKING
CONTRA COSTA COUNTY HEAUSTART
CONTRA COSTA COLLEGE
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(3,750 SF)
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QLIGttT STANDARD (7YP.) _. LL p�!lSIOP
I A' 0 20'x20
EXHIBIT C ,
Contra Costa County Headstart Modular BUDGET
Contra Costa College
Estimate Subtotal
"" 1 urolartln��r���1nr,Alarm•Dgoftet AlarM Co,
Equipment and Installation- $ 6,370
* Ejjr ,Pro
fessi,onat Electric
Electrical telephoneldats submater _ 24,475
Fence-61ta Eence
Dpster Enclosure $ 2,740
P�9emroundlrampfen ce, remove%r plac� e fence $ 7,433
Tom orary fence rental $ 2,000
* Stt'loingMheetstcos-Aaphilit atrlolnrr nc.
Handica kingtdumpster stupin `g $- 11170
Rar
Parkin st,ll whcelsto s $� 4x0
* Trenching/Pa ch s/ 20grete-Schwartz Concrate_
Asphalt trenchin9.and patches - $ 18.104
Concrete pad-dum sten area $ 6 180
* Tree Servic -FahY TreeSerAye.
Tree Umb removal $ 326
* Teleohone/Dete-CQQIT Dept.
Interior wiring of telephoneldate $ 900
Plumbing-SMI'l Plumbina
Water,sewer,water submeter $ 14,409
*
Pro-sobggl Plgvnmd
Design, equipment,Installation
ALLOWANCE S14/SF x 3780 SF--Approximate Unit Cost LMCICCC) $ 62,820 _
Eartabla by Douanik a ufacMnc_
40'x59' Builder Riverview Floor Plan), Delivery and Setup $122,660
Foundation $ 17,000
Two ramps/landings _ $ 7000
Kitchen appliances $ 8,600
Additional Options Mindows Upgrades, Pitch Roof Over Entrance) _ ???
DSA In-plant Factory Inspection _ _ $ 950
DSA Inspection/Lab/Testing(50 Hrs.x$55=$2,750 $ 6,000 $ 292,552
* Contingena Fee ($292.552 x.10) $29,255
* Pro act Management ($282,552 x.05 $ 14,628
-- --------
' Architectural Fees $292,552 x.12) $ 35,106
* DSA Fees:
Plan Check Fee ($292,652 x.007 $ 2,048
Plan Check Fee-Handicap {$2 2,652 x.002) $ 585
TOTAL $ 374,174"
Total does not Include standard requirement by DSA for 20%ADA Improvements
,dl
Exhibit C
Contra Costa College Headstart Childcare
Proposed project Schedule
November 20, 2003 College District Lease Approval
December 15, 2002 County Authorization to Initiate Project
December 16, 2002 Initiate Design
February 20, 2003 Submit Plans &Specs to DSA
April 30, 2003 DSA Final Approval
May 1, 2003 Release to Construct to Doupnik Manufacturing
May 1, 2003 Initiate Site Work
August 30, 2003 Complete Modular Installation and Playground
September 30, 2003 Punchlist Completed and Certificate of occupancy
TAB
10-21-02
Y
W.
R:.
TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: DECEMBER 3, 2002 COUNTY
SUBJECT: GROUND LEASE WITH CONTRA COSTA COMMUNITY COLLEGE
DISTRICT IN SAN PABLO FOR CONSTRUCTION OF A HEAD START02
��
BUILDING FOR THE COMMUNITY SERVICES DEPARTMENT
tCP#01-811
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a Ground Lease, commencing December 3, 2002, with Contra Costa Community
College District for the land located on Contra Costa College campus, San Pablo, and the
construction of a building to be occupied by the Community Services Department-Head Start,
under the terms and conditions more particularly set forth in the Ground Lease.
2. AUTHORIZE the Director of General Services, or designee, to execute the Ground Lease on
behalf of the County and to EXERCISE any options to extend the Lease.
3. DETERMINE that the project is a Class 14, Section 15314 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 rental rate for the lease term is $6,000.00 per year over ten years subject to annual Cost of
Living Adjustment (COLA). Payments are budgeted by the Community Services Department.
BACKGROUND
This past year Community Services Department lost its lease with the City of San Pablo for Davis
Park Head Start. This site replaces and supplements the previous location for use of a childcare
center and playgrounds, as requested by the Community Services Department.
0M&AJ1Q
CONTINUED ON ATTACHMENT: YES SIGNATURE: ALL
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
---APPROVE OTHER
SIGNATURE(S):
ACTION OF B Ft ON bEM9M 3, 2002 APPROVED AS RECOMMENDED % OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT SNE )
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 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 UM)
Risk Management(via UM) ATTESTED DEaRM 3-2002
Community Services Department(via UM) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
Contra Costa Community College District(via UM) AND COUNTY ADMINISTRATOR
BY DEPUTY
I:\LeaseMgHDave\Community Services\CC Community College DlstrictlBoard Order.doc DLS:dls Page 1 of 1
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