HomeMy WebLinkAboutMINUTES - 10082002 - C.67 TO: BOARD OF SUPERVISORS '�Wr-ontra
FROM: Jahn Sweeten, CAO ` r Costa
DATE: October 8, 2002 - County
SUBJECT: TAX EXCHANGE AGREEMENT FOR THE, PROPOSED PICNC (NORTH
CONCORD) ANNEXATION TO THE CITY OF CONCORD (LAFC-02-18)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the attached resolution that authorizes the inclusion of the PICNC (North Concord)
Annexation Area in the North Concord Annexation Area Master Property Tax Transfer
Agreement between the City of Concord and Contra Costa County. (LAFC 02-18).
FINANCIAL IMPLICATIONS:
This tax sharing proposal utilizes the previous agreement negotiated between the County and
the City of Concord regarding the North Concord Annexation Area Master Property Tax
Transfer Agreement negotiated in March 2000. Under the terms of the agreement, the County
will transfer a portion of its base property tax revenue and its increment revenues from the
area to be annexed to the City of Concord. However, the sales tax generated in the affected
area will be allocated between the City and County as to maintain an overall tax allocation
(sales and property tax) of 51%to the City and 49%to the County.
BACKGROUND:
The proposed PICNC Annexation to the City of Concord requests the annexation of +/-95
acres generally located north of State 4, south of Mason Circle, west of Industrial Way and
east of and including Laura Alice Way in the North Concord area. The City is requesting
annexation in order to facilitate office space development of the area. The Concord City
Council passed a similar resolution on their September.24 ag"al.
CONTINUED ON ATTACHMENT: YES SIGNATURE ✓ ' " `,"
—_R–___--.....-------- ------------.�_-� .,..__._......_....._..
�R COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD i ITTEE
APPROVE OTHER
SIGNATURE(S).' I ,
-----------------
ACTION OF BO/{R ON ,°,{ �.*. i `�5 v ,. ..0.PP#7OVE AS RECOMMENDED WyOTHER ~�----A-
Ji I
r
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ''`^ '' ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN: {
ATTESTED i'i
CONTACT: JOHN SWEETEN,CL.. K OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: County Administrator
Auditor-Controller
County Counsel
LAFCO
City of Concord
r
f
fr �
BY �k
f tJ�' DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on October 8,20 02, by the following vote:
AYES: RTMUSORS UMMA, MM, DeSMMM, =M AND GIOIA
NOES: NM
ABSENT: PONS
ABSTAIN:
Resolution No. 2002tas9
Subject: A Resolution Authorizing the Inclusion
Of the PICNC (North Concord) Annexation
Area in the Faster Property Transfer
Agreement Subject to Additional Terms
And Conditions Between the City of
Concord and Contra Costa County to Allow
A Division of Property Tax and Sales Tax
Revenues Upon the Annexation of the
PICNC Annexation Area to the City of
Concord (LAFC —2-18)
WHEREAS, Section 99 of the Revenue and Taxation Code provides that a city and county
shall agree by Resolution to exchange property tax revenues among themselves and any
affected agencies in the event of a jurisdictional change; and
WHEREAS, the PICNC Area Annexation to the City of Concord (LAFC 02-18) involving
annexation of territory to the City of Concord is excluded from the application of the Master
Property Tax Transfer Agreement between the City and County because the assessed
value of the affected territory exceeds ten million dollars; and
WHEREAS, the City of Concord and Contra Costa County have agreed that,
notwithstanding the amount of the assessed value of the territory the subject annexation,
the Master Property Tax Transfer Agreement, subject to additional terms and conditions
regarding the exchange of sales tax revenues as set forth herein, shall apply to the
annexation.
NOW, THEREFORE, THE BOARD OF SUPERVISORS DOES RESOLVE AS FOLLOWS:
Section 1. This agreement applies to all territory included in the PICNC annexation to the
City of Concord (LAFC 02-18), as approved by the Local Agency Formation Commission.
Section 2. This resolution does not change the property tax revenues accruing to other
agencies serving the subject territory or the affected districts' right to collect taxes for
existing bonded indebtedness.
Section 3. Notwithstanding Revenue and Taxation Code Sections 95 through 100, or any
other law, the City and County hereby agree to an exchange of both property tax and sales
tax revenues as set forth below:
A. Subject to subparagraphs b.through e. below,the Master Property Tax Transfer Agreement
(Exhibit"A") shall be used to allocate property taxes between the City and County.
B. Sales tax generated in the affected area will be allocated between the City and County as
to maintain an overall tax allocation (sales and property) of fifty-one percent (51%) to the
City and forty-nine percent (49%) to the County. If there is insufficient sales tax to bring
the overall tax allocation to the City to fifty-one percent(51%)of the total,the City will retain
all of the sales tax.
C. The percentage of sales tax to be received by the County and City will be evaluated on an
annual basis to maintain the 49/51 percent split of overall tax revenues.
D. The property tax shall be allocated by the County Auditor. The City will remit to the County
its share of sales tax as set forth above. County shall forward property tax information to
City as soon as it is available, and City shall pay to County any sales tax required to be
paid to County by the later of December 31 of the current fiscal year, or within thirty (30)
days of receipt of property tax information. The County Auditor-Controller shall have the
right to audit the City's books to verify sales tax amount.
E. Definitions; For purposes of the foregoing calculation, "sales tax"shall mean the sales tax
revenue received by the City during the preceding tax year from the area annexed; and
"property tax"shall mean the current year base tax amounts for the County and City in the
area annexed.
Section 4, The Clerk is hereby directed to forward a certified copy of this resolution to the
Auditor/Controller of Contra Costa County and to the Executive Officer of the Local Agency
Formation Commission.
Section 5t5. This resolution shall become effective immediately upon its passage and
adoption.
I hereby certify that this is a true and correct copy
of an action taken and entered on the minutes of
the Board of Supervisors on the date shown:
ATTESTED: (date) 0 4" ��-
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
By ; Deputy
Contact::
cc: County Administrator
Auditor-Controller
County Counsel
l_AFCC
City of Concord
RESOLUTION NO. 2002/439..
a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 8,2002, by the following vote:
AYES: SUPMMM UnKft, GMIM, DesAtm3m, MMM AND G101A
NOES.,
ABSENT:
ABSTAIN:
Resolution No. 200209
Subject: A Resolution Authorizing the Inclusion
Of the PICNC (North Concord)Annexation
Area In the Master Property Transfer
Agreement Subject to Additional Terms
And Conditions Between the City of
Concord and Contra Costa County to Allow
A Division of Property Tax and Sales Tax
Revenues Upon the Annexation of the
PICNC Annexation Area to the City of
Concord (LAFC —2-18)
WHEREAS, Section 99 of the Revenue and Taxation Code provides that a city and county
shall agree by Resolution to exchange property tax revenues among themselves and any
affected agencies in the event of a jurisdictional change; and
WHEREAS, the PICNC Area Annexation to the City of Concord (LAFC 02-18) involving
annexation of territory to the City of Concord is excluded from the application of the Master
Property Tax Transfer Agreement between the City and County because the assessed
value of the affected territory exceeds ten million dollars; and
WHEREAS, the City of Concord and Contra Costa County have agreed that,
notwithstanding the amount of the assessed value of the territory the subject annexation,
the Master Property Tax Transfer Agreement, subject to additional terms and conditions
regarding the exchange of sales tax revenues as set forth herein, shall apply to the
annexation.
NOW, THEREFORE, THE BOARD OF SUPERVISORS DOES RESOLVE AS FOLLOWS:
ection 1. This agreement applies to all territory included in the PICNC annexation to the
City of Concord (LAFC 02-18), as approved by the Local Agency Formation Commission.
Section 2. This resolution does not change the property tax revenues accruing to other
agencies serving the subject territory or the affected districts' right to collect taxes for
existing bonded indebtedness.
Section 3. Notwithstanding Revenue and Taxation Code Sections 95 through 100, or any
other law, the City and County hereby agree to an exchange of both property tax and sales
tax revenues as set forth below:
A. Subject to subparagraphs b. through e. below,the Master Property Tax Transfer Agreement
(Exhibit"X) shall be used to allocate property taxes between the City and County.
B. Sales tax generated in the affected area will be allocated between the City and County as
to maintain an overall tax allocation (sales and property) of fifty-one percent(51%) to the
City and forty-nine percent (49%) to the County. If there is insufficient sales tax to bring
the overall tax allocation to the City to fifty-one percent(51%)of the total,the City will retain
all of the sales tax.
C. The percentage of sales tax to be received by the County and City will be evaluated on an
annual basis to maintain the 49151 percent split of overall tax revenues.
D. The property tax shall be allocated by the County Auditor. The City will remit to the County
its share of sales tax as set forth above. County shall forward property tax information to
City as soon as it is available, and City shall pay to County any sales tax required to be
paid to County by the later of December 31 of the current fiscal year, or within thirty (30)
days of receipt of property tax information. The County Auditor-Controller shall have the
right to audit the City's boobs to verify sales tax amount.
E. definitions: For purposes of the foregoing calculation, "sales tax"shall mean the sales tax
revenue received by the City during the preceding tax year from the area annexed; and
„property tax"shall mean the current year base tax amounts for the County and City in the
area annexed.
§_e+,�t'on +4. The Cleric is hereby directed to forward a certified copy of this resolution to the
Auditor/Controller of Contra Costa County and to the Executive Officer of the Local Agency
Formation Commission.
Witton 5. This resolution shall become effective immediately upon its passage and
adoption.
I hereby cwrtify that this is a true and correct copy
of an action taken and entered on the minutes of
the Board of Supervisors on the date shown:
ATTESTED: {date} tt ,L
JOHN SWEETEN, Clerk of the Board of
Supervis and County Administrator
t
By Deputy
Contact:.
cc: County Administrator
Auditor-Controller
County Counsel
LAFCO
City of Concord
RESOLUTION NO. 200216.14.
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
r-
In the hatter of )
Adopting a Master Property Tax Transfer )
Agreement for the Allocation of Property } RESOLUTION NO. 80/1369
Taxes Between the County of Contra Costa )
and the City of Concord )
IT IS BY THE BOARD OF SUPERVISORS RESOLVED that:
1 . Under the authority of Revenue and Taxation Code Section 99(d) ,
it hereby adopts a Master Property Tax Transfer Agreement for the allocation
of property taxes between the County of Contra Costa and the City of
Concord upon jurisdictional changes which is incorporated herein
as Exhibit "A", and
2. The Chair of the Board of Supervisors is authorized to
execute the above referred agreement on behalf of- the County.
PASSED by the Board on December 2, 1980.
CERTIFIED COPY
1 certify that this is a full, true & correct copy of
the original document which is on file in my office,
and that it was passed & adopted by the Board of
Supervisors of Contra Costa County, California, on
the date shown. AT'T'EST: J. R. OLSSON, County
Cldrk &ex-officio Clerk of said Board of Supervisors,
by Deputy Clerk.
OrL C 19 0
Helen H. Ken{
Orig: bounty Administrator
cc: City of Concord
Auditor-Controller
County Counsel
Local Agency Formation Commission
RESOLUTION NO. 80/1369
C 0 Py
AGREEMENT
2 THIS AGREEMENT IS ENTERED INTO this 23rd day of February, 1981, between
Contra Costa County, hereinafter referred to as "COUNTY" , and the City of
Concord, a municipal corporation, hereinafter referred to as "CITY".
5 1. This agreement is n master prororty tax transfer agreement, under
6 authority of Revenue and Taxation Cade §99(d) (Section 11, Chapter 801 of
7 the Statutes of 1980), between the County and the City for the purpose of
8 specifying the allocation of property tax revenues upon a jurisdictional
9 change in which the City is an affected City and the County is an affected
10 County,
11 2. Except for the exclusions specified herein, the jurisdictional
12 changes governed by this Agreement are those local agency boundary changes
13 defined in R.&T.C. 995(e) as jurisdictional changes, occurring during the
14 applicable period of this Agroomrnt , wlioro Che County is the nff(-cted County
15 .and the City is an affected City. The following jurisdictional changes are
16 to be excluded from this Agreement:
17 a. Boundary changes involving city incorporations or formations
18 of districts (e.g. , reorganizations involving concurrent
19 formation of a special district and annexation to a city).
0 b, Jurisdictional changes which would result in a special district
21 providing one or more services to an area where such services
22 have not been previously provided by any local agency and to
23 which Section 99.1 of the Revenue and Taxation Code applies.
24 C. Jurisdictional changes in which the total of the full values
25 of all property in all ta)s rate areas comprising the affected
26 territory excced $10,000,000, ns sleown on the latest equalized
+2' assessment rolls at the tl,t! application is filed with tile.
28Local Agency Formation Commission.
a ;
1 d. Any jurisdictional change for which the sales tax revenue
2 from the affected territory exceeds $5,800 for one or more
3 of the three fiscal years preceding the date that the applica-
4 tion is filed with the Local Agency Formation Commission.
5 3. The allocations specified herein (Paragraph 7 , below) shall be
6 made for any jurisdictional change govi�rned by this Agreement as specified
7 in Paragraph 2, above, if proceedings for the jurisdictional change have
8 been or are gompleted after June 34, 1978; provided, however, that in the
9 case of any such jurisdictional change for which proceedings are completed
14 after December 31, 1982 this Agreement shall not apply if either of the
11 parties hereto notifies the other in writing of the non-applicability of
12 this Agreement and delivers such notification prior to the date that the
13 petition or resolution for Local Agency Formation Commission approval of
14 the jurisdictional change is accepted for filing by the Commission or its
15 Executive Officer. Notwithstanding, nny of thy• forogoin;,, nny property
16 tax revenue allocated prior to the dates this Agreement is signed by both
17 parties hereto shall not be subject to reallocation, but this Agreement shall
18 apply to all future allocations for the jurisdictional change.
19 4. For any property tax allocation to be made under this Agreement ,
20 the Auditor-Controller of Contra Costa County shall first apply Paragraph
21 7 herein and first allocate the property tax revenues thereunder for the
22 fiscal year for which the State 'board of Equalization makes the tax rate area
� change(s) for the jurisdictional change. Such fiscal year shall be known as
24 the "initial year" and all later fiscal years as "subsequent years". Such
25 allocation shall continue indefinitely thereafter unless changed by agree-
. ment of both parties hereto or until changed under the terms of this
27 Agreement upon a subsequent jurisdictional change involving one or more
28 of the tax rate areas within the affected territory of the prior jurisdic-
-2-
I tional change.
2 5. The following definitions shall apply to this Agreement. The
3 references to code sections in thew definitions shall mean the code sections
4 in'effect on October 1, 1980:
5 a. "Base Tax" shall mean tl)ose property tax revenues specified as
6 being sut,ject to fllocition in R.&T.C. §§96(a) and 96(d) for
7 fiscal year 1979-80 and R.&T.C. 9§97(a) and (b) for fiscal year"
8 2980-81 and later' fiscal years . For the fiscal years after the
. g initial year in which property taxes arr. allocated under this
10 Agreement for a jurisdictional change, the annual tax
11 increment for the prior fiscal year shall be included in the
12 base tax for the succeeding year. Notwithstanding the fore-
13 going, -base tax shall not include any property tax revenues
14 allocated to any County free library.
15 b. "Annual Tax Increment" shall mean those property tax revenues
16 specified as being siibject to 111ocation in R.&T.C. §96(c) for
17 fiscal year 1979-80 and R.&".►.'.C. §97(c) for fiscal year 1980.81
18 and latex' fiscal years. Annual tax increment shall include
19 revenues accruing due to the increase in assessed valuation for
20 the preceding fiscal year because of changes of ownership and
21 new construction and because of the inflation adjustment
22 authorized by Section 2(b) of Article RIIIA of the California
23 Constitution.
2 c. "Annual Tax Increment Allocation Factor" shall mean the numerical
25 factor, expressed as a percent, that is used to accomplish the
26 proportionate allocation of the annual tax increment, as
2 specified in R.&T.C. §98(c).
28
{
1 d. "Proceedings" means those actions taken pursuant to Gov.C.
2 335200-35315 or Gov.C. §956290-56443.1.
3 e. "Affected Territory" shall mean as specified in Gov.C,
4 9§35024 or 56023.5.
5 f. "Affected City" shall mean as specified ,in Gov.C. 93§35021 or
6 56021,
7 g "Affected Cnunty" shall menn as spccified in Gov.C. §93.5022
8 or 56022.
9 h. "Affected District" shall mean as specified in Cov.C. 9956023
10 or 35023.
11 6. Insofar as not inconsistent with the foregoing definitions or any
12 other provisions of this Agreement, the definitions of Sections 95 and
13 2215 of the Revenue and Taxation Code , as in effect on October 1, 1980,
14 shall apply to this Agreement.
15 7. For a jurisdicational change for which the allocation of taxes is
16 made under this Agreement , such allocation shall be made in accordance
17 with the following:
1$ a. Initial Year.
19 (1) Base Tax. Except as provided in Paragraph 7.a.{3) of this
20 Agreement, City shall be allocated 16.635% of the
21 County's base tax for the affected territory and the
22 County shall be allocated the balance.
23 (2) Annual Tax Increment. Except as provided in Paragraph
24 7.a.(3) of this Agreement, City shall have an annual tax.
25 increment allocation factor established for each tax rate
25 area in the affected territory equal to 33.27% of the
27 County's annual tax increment allocation factor for the tax
28 rate area. The County's new annual tax increment
_4_
t
�► 4 . e y
y r.
allocation factor shall be its former factor minus the
2 City's factor as derived in the preceding sentence.
3 (3) For a jurisdictional change which results in the City's
providing a service that had been provided by a special
5 district , and if the City thoroby receives any property
6 tax revcr.ucs of the district as authorized by Revenue and
7 Taxation Code Section 99, the formula for transfer of
8 base tax arrd anntrnl tax incremo.nt allocation factors from
9 County to City shall be as follows:
10 (A) Base Tax.
11 A = Bx 1/2C
12 D = B - A
13 Where A = the amount of the County's base tax to be
14 transferred to the City. This amount
15 plus the base tax transferred from special
16 district(s) becomes the City's initial
17 base tax for the tax rate area.
18 Where B = the County's base tax before the transfer.
19 Where C = tho portion (expressed as a percent) of the
20 County's annual tax increment factor that
21 will be transferred to the City from the
22 County as determined by the formula express-
23 ed in Paragraph 7.a.(3) (B) below.
24 Where D the County's base tax after the transfer.
25 (B) Annual Tax Increment.
26 C = F' - li
27 F + G .. Ii
2 (if"B" is greater than "F", then C shall be
zero W . )
t T 4
e t
* _ X C) + 11
2 K = E - (Ex C)
3 Where C = the portion (expressed as a percent) of
4 the County's annual tax increment allocation
5 factor that will be transferred to the City from
6 the County .
7 E = the County's annxial tax increment allocation
factor before the transfer.
9 F = 13.60'1' (this is the City's portion of the total
10 fiscal year 1979--80 property tax allocation within
11 City's boundaries , )
12 C = 27 .2£6' (this is the County's portion of the total
13 fiscal year 1979-80 property tax allocations
14 within the City's boundaries.)
15 H the total of the annual tax increment allocation
16 factors whicl3 will be transferred to the City
27 from special districts in accordance with
18 Revenue and Taxation Code Section 99,
19 J = thr City's nnniial tlx incrrmnnt allocation factor
20 nftor thr tr.insfei- allorr,tion.
21 K = the County's annual tax increment allocation
22 factor after the transfer calculation.
23 b. Subsequent Years ,
24 In each subsequent year City's and County's allocation of
25 property taxes from the affected territory will be made as set
26 forth in Revenue and Taxation Code Sections 97 and 98. Each
27 agency each year will be allocated its base tax (i.e. , the tax
28 allocated to the agency in the preceding year including the
-6-
.t
i •J
1 previous year's annual tax increment) plus its share of the
2 current year's annual tax incremvnL for the affected territory,
3 such share being calculated by multiplying the tax resulting
4 from growth in assessed valuation in the affected territory
5 during the year times the agency's annual tax increment
6 allocation factor(s) for that territory as determined in
7 Paragraph 7.a. (2) or 7. a. (3) M above. The result (i.e. , base
8 plus increment) becomes the base tax for the next year's tax
9 allocation calculations. Each agency's base tax and annual tax
10 increment allocation factors may be subsequently modified only
11 through negotiate4 exchanges in accordance with Revenue and
12 Taxation Code Sections 99 and/or 99.1 for subsequent
13 jurisdictional changes,
14
15 Dated: DEC 21980
16 airman, Board of Supervisors
1?
Dated: DEC 21980 OPT.
1 yor, City of--Concord
19sT:
20
21 ity Clerk, City of Co ord
22
Form Approved by County Counsel APPROVED AS TO FORM:
23 (11-25-80)
24
r'. A zstant Cxty ,Attorney, City of
25 Concord
2
27
28
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c
CONTRA COSTA COUNTY
GENERAL SERVICES DEPARTMENT
Lease Management Division
1220 Morello Avenue,Suite 100
Martinez, CA 94553-4711
Extension 3-7250 RECEIVED
Fax 3-7299 -
NOV 15 2002
DATE: November 13, 2002 CLERK SUPERVISORS
Cc HA COSTA CO,
TO: Distribution List
FROM: David L. Silva, Associate Real Property A.gen'4
4—
S'UBJEC'T: Revenue Lease for 55 Castlewood Drive, Pittsburg(T00523)
Attached for your files is a fully executed Revenue Lease between First Baptist Church Head
Start and the County. Also attached is a copy of the Board Carder authorizing the approval of this
Revenue Lease dated October 8, 2002.
Distribution List:
C. Chan, CSD
A. Prince, CSD
T. Mann, GSD
J. A. Clark, First Baptist Church Head Start
Clerk of the Board of Supervisors
LEE
TABLE OF CONTENTS
55 CASTLEWOOD DRIVE
PITTSBURG, CALIFORNIA
FIRST BAPTIST CHURCH HEAD START
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTM .....................................................................................................1
A.2. 1,E_A_,SE OF PREMISEfi
A.3. TE . ...........................................................................................................1
A.4. REN .............................................................................................................1
A.S. USE OF PREMISES
A.6. MAMENANCE AND REPAIRS...............................................................2
A.7. N0110E ..........................
A.8. EXHIBITS-AND CHMENTS.............................................................4
A.9. I TEhj A R EFMENT..................
A.10. TIMEISQF TH { E; F.NCE........................................................................5
A.11. SiCINATURE BI,QC
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OYER,................... ...........6
. ......................................
B.2. HOCA MI. ............
B.3. ALTERAIMNS. FINJURES, AND I N ...............................................6
B.4. D__MTRU TOT` ............................................................................................6
B.5. =EI ENJOYMENT...................................................................................7
B.S. DEFAULTS...................................................................................................7
B.7. SUEJl NUE OFMMS.............................................. ....9
....................
B.8. T E. O AND ASSIGNS...................................................................9
B9. SEVER AT3ILI.................................. 9
. .. ..............................
B.10. WASTE, N111SANCE..................................................................................10
B.11. INSPECTIC3N..............................................................................................10
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR LEA E........................................................................1 I
C.2. PROPERTY TAXES ...................................................................................11
C.3. POSSESSORY INTERESI`' TA ................................................................11
C.4. INSURANCE............................................................ ......... 11
.. ............
C.S. HAZARMIS MATERIALS ...............
C.S. PRC} SRAMRV CINTRAC`' ..........................................................14
C.7. SERVICES BY I E E.............................................................................14
EXHIBITS
A-PREMISES
LEASE
FOR
FIRST BAPTIST CHURCH
55 CASTLEWOOD DRI'V'E
PITTSBURG, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. M S: Effective on October 8,2002,the COUNTY OF CONTRA COSTA, a
political subdivision of the State of California, hereinafter called "COUNTY", and FIRST
BAPTIST CHURCH HEAD START, a non-profit corporation,hereinafter called"LESSEE",
mutually agree and promise as follows:
A.2. LEA: EMIS S: LESSEE, for and in consideration of the rents, hereby
leases from COUNTY, and COUNTY leases to LESSEE those certain premises described
as follows: Lot"A", as shown on the map of subdivision 4929, filed August 29, 1977,map
book 201,page 38, Contra Costa County records, a plot of land approximately 36,590 square
feet containing a child care facility with classrooms, offices, and a kitchen within a building
of approximately 6,300 square feet, and outdoor playground space and a parking lot
commonly known as 55 Castlewood Drive, Pittsburg, California, as shown on Exhibit
"A"("Premises"), attached hereto and made a part hereof.
A.3. ' M: The term of the Lease shall be five(5)years commencing;July 1,2002 and
ending June 30, 2007.
A.4. Jam:: LESSEE shall pay to COUNTY as rent for the use of the Premises a
monthly rental of THREE HUNDRED DOLLARS ($300.00),payable in advance on the first
day of each month during the term of this Lease.
Payments shall be mailed to:
COUNTY OF CONTRA COSTA
GENERAL SERVICES DEPARTMENT
1220 MORELLO AVE. STE. 200
MARTINEZ, CA 94553
GALeaseMgt\Dave\Community Services\55 CASTLEWOODTIRST BAPTIMeastlewoodleaserev.doe
- 1 -
or to any other location as may be designated by COUNTY.
If any rental fee is not paid to COUNTY within ten(10) business days after the due
date,a late fee (the"Late Fee") of FIFTY DOLLARS ($50.00) shall be added to the payment
and the total sum shall be immediately due and payable to COUNTY, plus interest on any
unpaid balance, at a rate of one and one-half percent (1.5%) per month, to be prorated if
necessary, from the date the unpaid balance was due and payable until paid in full.
If any rental is not paid due to circumstances beyond the control of LESSEE as
defined in Paragraph B.7.a. of this Lease, COUNTY, at its sole discretion, may waive the
payment of the Late Fee.
A.5. VM OF MEMISES. The Premises shall be used during the term or extension
thereof exclusively for the purposes of conducting COUNTY's childcare programs, which
will be operated by the LESSEE.
A.6. MAINTENANCE AND REPAIRS:
a. COUNTY shall keep the roof and exterior of Premises in good order,
condition, and repair and shall maintain the structural integrity of the Premises,
including the parking lot and fences.
b. LESSEE shall maintain the doors and their fixtures, closers and hinges, glass
and glazing, and all locks and key systems used in the Premises.
C. LESSEE shall keep and maintain the interior of the Premises in good order,
condition, and repair, including but not limited to repairs to interior damaged
by residents and invitees, replacement of window coverings, and carpet
replacement. COUNTY 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 exterior wall leaks.
d. LESSEE shall keep the electrical, lighting, water, and plumbing systems in
good order, condition, and repair and shall be responsible for routine
GALeaseMgt\Dave\Community Services\55 CASTLEWOOMFIRST BAPTIs'ustlewoodleaserev.doc
- 2 -
maintenance, minor repairs, plumbing stoppages and damage caused by
abusive use or neglect. COUNTY shall be responsible for all major repairs to
the electrical, exterior lighting and plumbing systems. For the purpose of this
Lease,major repair shall be defined as an expense, which exceeds $1,500.00
per occurrence.
e. COUNTY shall maintain and repair the heating, ventilating, and air-condi-
tioning systems.
f LESSEE shall maintain the parking lot, landscaping, and interior lighting
system in goad order, condition, and repair.
g. LESSEE shall be responsible for the maintenance and repair of the security
system, fire alarm system, and fire suppression system. LESSEE shall comply
with all regulatory monitoring and testing requirements for fire alarm and fire
suppression systems and shall provide COUNTY with written verification of
such compliance on COUNTY supplied inspection forms at regular reporting
intervals specified by COUNTY. COUNTY shall be responsible for
compliance with the NFPA FiveYear Sprinkler Certification.
h. COUNTY shall provide, install, maintain,repair, and replace, at the direction
of the Fire Marshal, the number of A-B-C fire extinguishers for the Premises.
i. LESSEE shall be responsible for the correction of any code violations due to
a change in use of the Premises by LESSEE.
A.7. N,OMCES. 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 LESSEE: First Baptist Church Head Start
2240 Gladstone Drive, Suite 5
Pittsburg, CA 94565
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
C,:\LeaseMgt\:Dave\Community Services\55 CA.STLEWOOI7\1~IRST BAPTIST\castlewoodleaserev.doc
3
A.S. E` HERITS ANlD__A_T'TACHMEN1: Section B, Standard provisions, Section C,
Special Provisions, Exhibit A-PREMISES, are attached to this Lease and are made a part
hereof:
A.9. WMITEN 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 pages and paragraphs are for
convenience only and are not apart 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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-4 -
A.10. TIME IS OF ME ESSENCE of each and all of'the terms and provisions of this
Lease.
A.11. S I.MM , LQ
MUN TY LESSEE
COUNTY OF CONTRA COSTA, a FIRST BAPTIST CHURCH,
political subdivision of the State of California HEAD START, a non-profit
corp ation
n
By By L�
Director of General Services Jan t Anderson Clary.
Ecutive Director
` Y
'Adf'
RECOMMENDED XOR APP VAL:
By
.Director, Capital Facilities &Webt Management
By______Z
Community Services Department Representative
Lease Manager
APPROVED AS TO FORM:
SILV NO B. MARCHESI, County Counsel
I ; � I_ a
Deputy
G.ILeaseMgt\Dave\Community Services\55 CASTLEWOODTISST BAPTIST\casttewoodteaserev.doc
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LEASE
FOR
FIRST BAPTIST CHURCH READ START
55 CASTLEWOOD DRIVE
PITTSBURG, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.t. HOLDING OVE : 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 the terms of
this Lease so far as applicable.
B.2. HO :DHARML : LESSEE shall indemnify, defend, save, protect and hold
harmless the COUNTY,its officers,agents and employees from any and all claims,costs and
liability, including reasonable attorneys fees, for any damage, injury or death, including
without limitation all consequential damages from any cause whatsoever, to persons or
property arising directly or indirectly from or connected with this Lease, LESSEE'S
operations, or LESSEE'S use or possession of the Premises, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of COUNTY, its
officers or employees, and if required, will defend any such actions at the sole cost and
expense of LESSEE.
B.3. L " E ATIONS F- TSS,AN . NS: LESSEE may make any lawful and
proper minor alterations, attach fixtures and signs in or upon the Premises, which shall
remain LESSEE'S property and shall be removed therefrom by LESSEE prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at LESSEE'S sole
cost and expense, and all signs shall meet with existing code requirements and COUNTY'S
prior written approval.
BA. DESTRUCTION:
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a. In the event of damage causing a partial destruction of the 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, COUNTY shall
repair the damage promptly and within a reasonable time, but such partial
destruction shall not void this Lease, except that LESSEE shall be entitled to
a reduction of rent while such repairs are being made, such reduction to be
based upon the extent to which the portion of the Premises unusable by
LESSEE bears to the total area of the Premises.
b. If such repairs cannot be made in sixty(60) days, COUNTY 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 COLiNTY 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.: COUNTY covenants that LESSEE shall at all times
during the term peaceably and quietly have, hold, and enjoy the Premises without suit,
trouble or hindrance from or on account of COUNTY as long as LESSEE fully performs
hereunder.
B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of
Default under this Lease:
a. Event of Default byJ E.. 'EE: LESSEE's failure to pay any Rent 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 LESSEE,which circumstances may, without
limitation hereby, include failure of LESSEE to receive reimbursement for
GALeaseMgt\Dave\Community Services\55 CASTLEWt7ODTIRST BAPTIS'ncastlewoodleaserev.doc
- 7 -
provision of services at Premises from the Community Services Department,
then LESSEE shall make such payment within such additional time,but not to
exceed a total of seventy five (75) days from the rental due date.
LESSEE'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 COUNTY to LESSEE specifying in reasonably sufficient detail
the nature of said breach. If the required cure of the noticed default cannot be
completed within sixty(60) days, LESSEE'S failure to perform shall constitute
a default under this Lease unless LESSEE has attempted to cure the default
within sixty (60) days and has diligently and continuously attempted to
complete the cure as soon as reasonably possible.
On the occurrence of an Event of Default by LESSEE, COUNTY may
re-enter and repossess the Premises and remove all persons and property
therefrom after giving LESSEE written notice of such default and in
accordance with due process of law.
b. Event of Default by CQUNTY. COUNTY's failure to perform any of its
obligations under this Lease shall constitute a default by COUNTY if the
failure continues for sixty (60) days after written notice of the failure from
LESSEE to COUNTY. If the required cure cannot be completed within sixty
(60) days, COUN`IY's failure to perform shall constitute a default under the
Lease unless COUNTY 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.
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 the LESSEE, clients, and invitees, which
situation is not construed as a Default condition, COUNTY shall use
G:\LeaseMgt\Dave\Community Services\55 CASTLEWOOMFIRST BAPTISTIcastlewoodleaserev.doc
- 8 -
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 COUNTY,LESSEE may
initiate an action against COUNTY to recover damage or losses suffered or
incurred by LESSEE as a result of the COUNTY'S breach. On occurrence of
an Event of Default by COUNTY,LESSEE shall not have a right to terminate
this Lease or make repairs and deduct the cost of said repairs from the rental
due under this Lease.
B.7. JJMNDER OF PREMISE : On the last day of the term, or sooner termination
of this Lease, LESSEE will peaceably and quietly leave and surrender to COUNTY these
Premises with their appurtenances and fixtures (except signs and fixtures referred to herein
above) in good order, condition, and repair,reasonable use and wear thereof and damage by
earthquake, fire,public calamity,by the elements,by Act of Clod., or by circumstances over
which LESSEE has no control excepted.
LESSEE may remove any fixtures or signs installed by LESSEE. If LESSEE elects
to remove any items,the removal shall be completed in a professional manner calculated to
preserve the Premises. LESSEE'S repair after removal of fixtures, signs or items shall
include but not be limited to patching, painting, carpeting and floor covering replacement
required to return the Premises to its original state, notwithstanding normal wear and tear by
LESSEE. Ownership of fixtures not removed by LESSEE within forty-five(45) days of the
termination of this Lease shall revert to COUNTY for disposition. COUNTY, at its sole
discretion, may elect to accept the fixtures or provide written notice to LESSEE to remove
fixtures, which LESSEE shall promptly do.
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,g, SEYERABILIM In the event that any provision herein contained is held to be
GALeaseMgt\Dave\Community Servsces\55 CASTLEWOOMFIRST HAPTIMcastlewoodleasemv.doc
- 9 —
invalid by any court of competent jurisdiction, the invalidity of any such provision does not
materially prejudice either the LESSEE or COUNTY in its respective rights and obligations
contained in the valid provisions of this Lease.
B,10. W-AS`IE,NUSANCE: LESSEE 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 neighbors of the Premises.
B.11. INSPECTION: COUNTY reserves the right to enter the Premises 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.
( Remainder of page intentionally left blank)
GALeaseMgt\DavelCommunity Services\55 CASTLEWOOD\PIRST BAPTIS'neastlewoodleaserev.doc
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LEASE
FOR
FIRST BAPTIST CHURCH READ START
55 CASTLES OOD DRIVE
PITTSBURG, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMNI OR SIMLEASF: LESSEE shall not assign this Lease or sublease
the Premises or any part thereof at any time during the term or extension of this Lease.
C.2. PROPERTY T XF t LESSEE shall pay for 100% of the City and/or County taxes
levied against Assessor's Parcel 089-342-401, in any year during the term or any extension
of this Lease.
C.3. POSSESSORY INUREST TAX: The County Assessor of Contra Costa County has
invoked a possessory interest tax on all rentals of COUNTY and other publicly-owned
properties. This tax is mandatory by lave and is levied on the LESSEE and not the property.
The occupant of the property on the lien date, March 1 of the current year, is liable for full
payment, even if LESSEE subsequently vacates the premises.
LESSEE, therefore,must recognize and understand, in accepting this Lease, that their
interest therein may be subject to a possible possessory interest tax that the County Assessor
may legally impose on such possessory interest held by the LESSEE, and that such tax
payment shall not reduce any rent due the COUNTY hereunder and such tax shall be the
liability of and be paid promptly by the LESSEE when due.
C.4. INSURANCE:
a. Pro ffiy Insurance: COUNTY shall, at its sole cost and expense during the term
of this Lease, maintain fire, vandalism, malicious mischief, extended coverage
insurance. COUNTY has self-insured retention at its own determination of amount.
LESSEE shall have no interest in any insurance settlement to COUNTY and
GALeaseMgt\Dave\Community Services155 CASTLEWOOD IRST SAATIS'Nastlewoodleaserev.doc
- 11 -
LESSEE will sign all documents necessary or proper waiving any interest in
connection with the settlement of any claim or loss by COUNTY.
COUNTY will not keep LESSEE'S personal property insured against fire, or
any other insurable risk, and LESSEE waives the right to claim damages from the
COUNTY for any damage resulting to said property in the event it is damaged or
destroyed by fire or any other cause.
Except as may be specifically provided for elsewhere in this Lease, COUNTY
and LESSEE hereby each mutually waive any and all rights of recovery from the
other in event of damage to the Premises or property of either party, caused by acts
of God, perils of fire, lightning, and the extended coverage perils as defined in
insurance policies and forms approved for use in the State of California. Each party
shall obtain any special endorsements, if required by their insurer, to evidence
compliance with the aforementioned waiver.
b. Liahility Insurance: Throughout the term of this Lease, LESSEE shall, at its
sole cost and expense, maintain in full force and effect, Comprehensive General
Liability or Commercial General Liability insurance covering bodily injury
(including death), personal injury and property damage.
i. Limits shall be in an amount of not less than one million dollars
($1,000,000) per occurrence, and two million dollars ($2,000,000)
aggregate, if applicable.
ii. Such insurance shall name COUNTY, its officers, agents and
employees, individually and collectively, as additional insureds.
iii. Such insurance for additional insureds shall apply as primary insurance,
and any other insurance maintained by COUNTY, its officers, agents
and employees, shall be excess only and not contributing with the
insurance required under this paragraph.
iv. Said insurance shall provide for thirty (30) days written notice to
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- 12 -
COUNTY of cancellation or lapse in coverage.
C. Worker's C=pensation nd Emplg='s Liability Insurance: Throughout the
term of this Lease,LESSEE, at its sole cost and expense, shall maintain in full force
and effect, insurance coverage for:
i. Statutory California.Worker's Compensation coverage including
a broad form all-states endorsement.
ii. Employer's Liability coverage for not less than one million
dollars ($1,000,000)per occurrence for all employees engaged
in services or operations under this Lease.
d. Evidepce of coverage: Within fourteen (14) days of execution of this Lease,
LESSEE shall provide on a form approved by COUNTY a copy of a Certificate of
Insurance certifying that coverage as required has been obtained and remains in
force for the period required by the Lease.
e. Notice of Cancellation or Reduction of Coverage: All policies shall contain a
special provision for thirty (30) days prior written notice of any cancellation or
reduction in coverage to be sent to the address shown on the Certificate of
Insurance.
C.5. HAZARDOUS-MATERIALS:
1. 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.
2. As part of the consideration of this Lease, LESSEE makes the following
representations,warranties and agreements: LESSEE shall not cause or permit
the placement,release or disposal of any Hazardous Materials on, in or from
the Premises.
GALeaseMgt\Dave\Community Services\55 CASTLBWOODWIRST BAPTIST\castlewoodleaserev.doc
- 13 -
3. LESSEE shall indemnify, defend, save,protect and hold harmless, COUNTY
and COUNTY'S successors and assigns, officers, directors and employees
from LESSEE'S share of all liability, damages, penalties, expenses and costs,
for any necessary or required remediation, repair, removal or cleanup of
Hazardous Materials resulting from LESSEE'S failure to comply with
requirements of this paragraph or LESSEE'S use, release or disposal of
Hazardous Materials on or from the Premises.
4. The representations, warranties and agreements made in this paragraph shall
survive the termination of this Lease.
CA PROGRAM SERVICE CONTRACT: Both COUNTY and LESSEE
acknowledge that the County Community Services Department has entered into a service
program contract ("Program Contract") for operation of a Headstart Childcare Program
on the Premises. In the event that the Program Contract with LESSEE is terminated for
any reason, this Lease shall terminate on the same date as the Program Contract
termination date. LESSEE shall vacate the Premises within thirty (30) days of the
Program Contract termination date.
C.7. SERVICE BY-COUNTY/LESSEE: It is understood and agreed that from time to
time during the term of this Lease and any extension, either party may request that the other
party provide certain landscaping, maintenance, construction, remodeling or like services
above and beyond those listed for each party in Paragraph A.6. On such occasions, each
party agrees to pay the other one hundred percent (100%) of the costs of the service.
Each party shall consult with the other in the selection of licensed insured
contractors or approval of employees of either party to provide the service. Each party shall
obtain the prior approval of the other on the scope, term, and cost of the service or contracts.
GALeaseMgt\Dave\Community Services\55 CASTLEWaODWIKST BAPTIMeastlewoodleaserev.doc
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E X if I B I T
601x105' = 6,300 S.F. MAIN ENTRY
36,590 S.F. Lot
20 Parking Stalls incl ADA
CDIIntE'r
FFICE
s torag
21S ROOM SCHOOL AGE
sink sink
nF
lav �nr�
Lu
6 01 lav
O 12'- 11%
OFFICE
Inv ( i
D / \
105' OFFICE
EATING AREA
NORTH RM
i3F
KITC14EN 14'- 4�"
STOR OFFICE
J
STORAGE O t-) 0
Inv )
191-011
OFFICE
WEST ROOM CONF'/ROOM
601
TO: BOARD OF SUPERVISORSCONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Y COSTA
DATE: OCTOBER 6, 2002 COUNTY
SUBJECT. REVENUE LEASE WITH FIRST BAPTIST CHURCH HEAD START e''+'
FOR TIME COUNTY-OWNED PREMISES AT 55 CASTLEVI OOD
DRIVE, PITTSBURG (T00523)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
REC MD TA ION
1. APPROVE a Revenue Lease commencing July 1, 2002 with First Baptist Church Heed Start, for
the County-owned premises at 55 Castlewood [give, Pittsburg, under the terms and conditions
more particularly set forth in the Revenue Lease.
2. AUTHORIZE the Director of General Services, or designee, to execute the Revenue Lease on
behalf of the County.
3. DETERMINE that compliance with the provisions of the California Environmental Quality Act
(CEQA)were met on December 4, 2001, when the Board of Supervisors determined this project
was Exempt under a general Rule of Applicability Section 15061(b) 3 and approved purchase of
the premises for use as a child daycare center(CP #01-40).
FINANCIAL IMPACT
This Revenue Lease will generate $16,000.00 in revenue to the County over the five year term of the
Lease, commencing July 1, 2402 through June 30, 2007. Revenues are credited to the Community
Services Department which also pays the operating expenses associated with the premises.
The County had leased ar•d the First Baptist Church has operated a Headstart Program at this facility
since October 1996. On December 4, 2001 the Board of Supervisors approved exercise of the option
to purchase the premises. The best use for the property at this time is for continuation of the
Headstart program as requested by the Community Services Department and the generation of
revenue to the County.
CONTINUED ON ATTACHMENT: YES SIGNATURE &*AW
:
@ECOMMENDATION OF COUNTY ADMINISTRATOR _,.,__,..RECOMMENDATION OF BOARD COMMITTEE
_.j "APPROVE OTHER
F
SIGNATURE(S):
ACTION OF BO N r APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
A_ UNANIMOUS(ABSENT }
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(393-7100)
Originating Dept:General Services Department i HEREBY CERTIFY THAT THIS i5 A TRUE
cc: General services Department AND CORRECT COPY OF AN ACTION TAKEN
Lease Management Division AND ENTERED ON THE MINUTES OF TIME HOARD
Accounting OF SUPERVIS9RS ON THe DATE SHOWN.
Auditor=Controlter(via LIM) "
Risk Management(via LIM) ATTESTED
Community Services Department(vis L/m) JOHN SWEETEN,CLERK OF TKe HOARD OF SUPERVISORS
First Baptist Church Head Start(via LINT) AND COUNTY ADMINISTRATOR
BY 0 t� i, L'L� DEPUTY
I&easeM%ADavetC*mmuNty Servioa"S CASTLEWOODTIRST BAPTISr6oaM Order 55 Cs8ffewood.doc Pepe 1 of I
kM2(90188)