HomeMy WebLinkAboutMINUTES - 12022003 - C149 ; 7"'1
TO: BOARD OF SUPERVISORS '. CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: DECEMBER 2, 2003 COUNTY
SUBJECT: LEASERENEWAL FOR THE PREMISES AT 11720 SAN PABLO
AVE., SUITE C, EL CERRITO FOR THE HEALTH SERVICES
DEPARTMENT (T00309)
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE renewal of a Lease for a two-year term, commencing' December 1, 2003 to
November 30, 2005, with Fairfield Del Norte LLC, for the premises at 11720 San Pablo Avenue,
Suite C, EI Cerrito, for the continued occupancy by the Health Services Department-Older
Adults Clinic, 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 and any
extension options.
FINANCIAL IMPACT
Renewal of this lease was anticipated and funds budgeted in the Health Services Department FY
200312004 budget. The monthly rental during the two-year term will be $3,935 per month, which is a
decrease of$195 from the previous monthly rental.
BACKGROUND
The Health Services Department has occupied the above 1,636 square foot suite for use as an Older
Adults Clinic since August 1, 1992. The final extension term of the August 1, 1992 lease ended
November 30, 2003. Approval of the Lease renewal will provide for the continuation of the Older
Adults Clinic at this location, as requested by the Health Services Department:
CONTINUED ON ATTACHMENT: Y SIGNATURE:
_4,:::F; COMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
-A,:-AP-PROVE OTHER
SIGNATURE(S):
ACTION OF BOAE6}ON APPROVED AS RECOMMENDED_7 OTHER�__w___
,z'
VOTE OF SUPERVISORS
UNANIMOUS(ASSENT
AYES: NOES:
ASSENTS: 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#Ment AND CORRECT COPY OF AN ACTION TAKEN
Lease Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVIS N THE DATE SHOWN.
Auditor-Controller(via UM) _
Risk Management(via L/M) ATTESTE
Health Services Department(via LIM) DJOtiN SWEETEN,EN,CI_ERK OF HE SOAR F SUPERVISORS Fairfield Del Norte LLC(via L/M) AND COUNTY ADMINISTRATOR
J
BY s r` "."•.w DEPUTY
{r
4
I:\LeaseMgt\Board Orders\December 2\EICer6toCIinicBoardOrder,doc Page t of 1 M382(10/88)
LEASE
TABLE OF CONTENTS
11720 SAN PABLO AVENUE, SUITE C
EL CERRITO, CALIFORNIA
CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES............................................................................................................... 1
A.2. LEASE OF PREMISES ................................................. ..................................... 1
A.3. TERM..................................................................................................................... 1
A.4. RENT..................................................................................................................... l
A.5. EXTENSION.........................................................................................................2
A.6 USE OF PREMISES.............................................................................................2
A.7. UTILITIES AND CUSTODIAL SERVICES..................................................... 2
A8. MAINTENANCE AND REPAIRS......................................................................3
A.9. NOTICES...............................................................................................................4
A.10. EXHIBITS AND ATTACHMENTS................................................................... 4
A.11. WRITTEN AGREEMENT........................................... ...................................... 5
A.12. TIME IS OF THE ESSENCE.............................................................................. 5
A.13. SIGNATURE BLOCK......................................................................................... 6
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER................................................................................................. 7
B.2. HOLD HARMLESS............................................................................................. 7
B.3. ALTERATIONS,FIXTURES, AND SIGNS ..................................................... 7
B.4. DESTRUCTION................................................................................................... 8
B.5. QUIET ENJOYMENT......................................................................................... 8
B.6. DEFAULTS........................................................................................................... 8
B.7. SURRENDER OF PREMISES.......................................................................... 10
B.8. SUCCESSORS AND ASSIGNS ........................................................................ 10
B.9. SEVERABILITY................................................................................................ 10
B.10. WASTE,NUISANCE......................................................................................... 10
B.11. INSPECTION...................................................................................................... 10
SECTION C: SPECIAL PROVISIONS
C.l. ASSIGNMENT OR SUBLEASE....................................................................... 12
C.2. INSURANCE.................................................................... .................................. 12
C.3. SERVICE BY LESSOR..................................................................................... 12
CA. HAZARDOUS MATERIALS......................................... .................................. 13
C.5. TERMINATION OF PRIOR LEASE........................... .................................. 14
C.6. ESTOPPEL CERTIFICATE............................................................................. 14
G:\L4caseMgt\CAROL\elcenitoclinictableofcontents.doc
EXHIBITS
EXHIBIT A: PREMISES
EXHIBIT B: PARKING SPACES
EXIIBIT C: CUSTODIAL SPECIFICATIONS
EXHIBIT D: ESTOPPEL CERTIFICATE
G:\LeaseMgt\CAROL\elcen itoclinictableofcontents.doo
LEASE
FOR
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
11720 SAN PABLO AVENUE, SUITE C
EL CERRITO, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on December 1, 2003, FAIRFIELD DEL NORTE, LLC, a
California limited liability company, 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:
Approximately 1,636 square feet of medical office space on the ground floor of the Del Norte
Project, commonly known as 11720 San Pablo Avenue, Suite C, El Cerrito, CA, ("Premises")
more particularly described in Exhibit "A"-Premises, which is attached hereto and incorporated
herein. During office business hours COUNTY shall have exclusive use of parking spaces 161,
162, 163 and 164, as shown on Exhibit "B"-Parking Spaces, which is attached hereto and
incorporated herein.
A.3. TERM: The term of this Lease shall be two (2) years, commencing December 1, 2003
and ending November 30, 2005.
A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly
rental of THREE THOUSAND NINE HUNDRED THIRTY FIVE AND N0/100 DOLLARS
($3,935.00), payable in advance on the tenth day of each month during the term of this Lease.
Payments shall be mailed to: Fairfield Del Norte, LLC at 11720 San Pablo Avenue, El Cerrito,
CA 94530-1779, or to any other location as my be designated in writing by LESSOR.
F-TLCerritoFinalLease.DOC2060/012263-0272
453489.05 x03/18/04
A.5. 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 one (1)year term, commencing December 1, 2005 and ending
November 30, 2006, at a rental of FOUR THOUSAND FIFTY THREE AND NO/100
DOLLARS ($4,053.00)per month.
b. Second Option: For a one (1) year term, commencing December 1, 2006 and
ending November 30, 2007, at a rental of FOUR THOUSAND ONE HUNDRED SEVENTY
FIVE AND NO/100 DOLLARS ($4,175.00)per month.
It is understood and agreed COUNTY shall give LESSOR written notice of its intention
to exercise any option to extend this Lease not more than one hundred eighty(180) days, but not
less than ninety (90) days prior to the expiration of the current lease terra. If COUNTY is in
default of this Lease, as defined in Paragraph B.6, on the date of giving the option notice, the
option notice shall be totally ineffective, or if COUNTY is in default of this Lease, as defined in
Paragraph B.6, on the date the extended term is to commence, the extended term shall not
commence and this Lease shall expire at the end of the initial term or properly exercised
extended term. 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) business
days after receipt of LESSOR'S written demand to exercise or forfeit said option; provided,
however, that LESSOR shall have no obligation to provide such notice if COUNTY is in default
of this Lease, as defined in Paragraph B.6.
A.6. USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting various functions of COUNTY.
A.7. UTILITIES AND CUSTODIAL SERVICES: LESSOR shall pay for all gas, electric,
water, sewer, and refuse collection services provided to the Premises. LESSOR shall provide
custodial services in accordance with the specifications contained in Exhibit "C"-Custodial
Specifications, which is attached hereto and incorporated herein. For the period commencing on
December 1, 2003 and ending November 30, 2004, COUNTY shall pay to LESSOR, as
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453489.05 a03118/04 —2—
additional rental, THREE HUNDRED AND N0/100 DOLLARS ($300.00) monthly for the
costs of the custodial services.
On or before October 1 of each year LESSOR shall provide COUNTY with written
notice for any adjustment for the costs of custodial services for the ensuing annual period
(December 1-November 30). LESSOR shall furnish COUNTY with a written statement
reasonably detailing the basis for the adjustment. The additional rent payable by the COUNTY
for custodial services shall be adjusted to the amount set forth in that written statement for the
following year(December 1-November 30).
A.8. MAINTENANCE AND REPAIRS:
a. LESSOR shall keep the roof and exterior of the building in which the Premises is
located in good order, condition, and repair and shall maintain the structural integrity of the
building, including the exterior doors and their fixtures, closers and hinges, glass and glazing,
and all locks and key systems used in the Premises; provided, however, that COUNTY shall be
responsible for the reasonable cost of any such repairs resulting from the deliberate or negligent
acts or omissions of the COUNTY, its officers, agents, employees or invitees.
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 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. LESSOR shall repair and maintain the electrical, lighting, water, and plumbing
systems in good order, condition, and repair; provided, however, that COUNTY shall be
responsible for the reasonable cost of any such repairs resulting from the deliberate or negligent
acts or omissions of the COUNTY, its officers, agents, employees or invitees.
d. LESSOR shall maintain and repair the heating, ventilating, and air-conditioning
systems (HVAC); provided, however, that COUNTY shall be responsible for the reasonable cost
of any such repairs resulting from the deliberate or negligent acts or omissions of the COUNTY,
its officers, agents, employees or invitees.
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453489,05 a03t28J04 -3-
e. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and
exterior lighting system in good order, condition, and repair; provided, however, that COUNTY
shall be responsible for the reasonable cost of any such repairs resulting from the deliberate or
negligent acts or omissions of the COUNTY, its officers, agents, employees or invitees.
f LESSOR shall provide,maintain, and replace, at the direction of the Fire Marshal,
the necessary number of A-B-C fire extinguishers for the Premises at no cost to COUNTY.
g. COUNTY shall not suffer any waste or damage on or to the Premises.
h. LESSOR shall be responsible for the correction of any codeviolations 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: Fairfield Del Norte LLC
5510 Morehouse Drive, Suite 200
San Diego, CA 92121
Attention: Tylor Fisher and
Christopher E. Hashioka
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.10. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, and Exhibit A - Premises, Exhibit B -Parking Spaces, Exhibit C -Custodial
Specifications, Exhibit D- Estoppel Certificate, are attached to this Lease and are made a part
hereof
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453489,05 a03118104 —4—
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. This Lease will not be
construed as if it had been prepared by one of the parties, but rather as if both parties have
prepared it. Both parties agree that any rule of construction to the effect that ambiguities are to
be resolved against the drafting party will not apply to the interpretation 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)
2060/012263-0272
453489.05 03/18/04 5-
A.13. SIGNATURE BLOCK
COUNTY \AD
%, �
COUNTRY OF CONTRA COSTA, a ORTE LLC, a
Political subdivision of the State of Calited Liability Company
California ]
By •� 4ies, Inc., a
Director of General Services corporation,Manager
RECOMMENDED FOR APPROVAL: By:-
td
Name:
By ! Title:.
Director of Capital Facilities and
Debt Management
Byabd hm---
Lease
Manager
By
Health ervices Department
Representative
APPROVED AS TO FORM:
SILVANO B. MA_RCHESI, County
Counfel
By W A
D uty
2060/012263-0272
453489.05 a03118/04 -6-
[SIGNATURE PAGE TO LEASE FOR CONTRA COSTA COUNTY HEALTH
SERVICES DEPARTMENT]
FAIRFIELD DEL NORTE LLC,
a California limited liability company
By: FF CALIFORNIA HOUSING FUND LLC,
a Delaware limited liability company,
Manager
By: FF PROPERTIES, INC.,
a Delaware corporation,
Manager
By:
Namii
e:
Its: t
LEASE
FOR
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
11720 SALT PABLO AVENUE, SUITE C
EL CERRITO, CALIFORNIA
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. HOLD HARMLESS: COUNTY agrees to defend, indemnify, and hold harmless the
LESSOR from any and all claims, costs and liability, including attorneys' Fees, for any damage,
injury or death of or to any person or the property of any person, to the /extent 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 any and all
claims, costs and liability, including attorneys' fees, for any damages, injury or death of any
person or the property of any person to the extent 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 cast and expense, and
all signs shall meet with existing code requirements and LESSOR'S approval.
2060/012263-0272
453489.05 a03/18/04 —7—
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 or the Building in which the Premises are
located 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) days of the due date or
failure to pay any other monetary obligation contained in this Lease within ten (10) days after
written notice of failure from LESSOR to COUNTY.
2. COUNTY'S failure to comply with any other non-monetary material term or
provision of this Lease if such failure continues thirty (30) days after written notice of failure
20601012263-0272
453489.05 a03/18104 —8—
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 prosecuted
the cure to completions as soon as reasonably possible, but in no event exceeding a maximum of
sixty (60) days from the date the notice of default was provided to COUNTY. 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 LESSOR, COUNTY any other
tenant of the Property and/or their respective invitees, COUNTY shall use reasonable efforts to
immediately address the situation and shall use diligent efforts to correct the perilous condition.
On the occurrence of an Event of Default by COUNTY, LESSOR shall have all rights and
remedies available at law or in equity, including, without limitation, the remedy contained in
Civil Code Section 1951.4 to keep the Lease in effect and collect the rent as it becomes due; or
re-entering and repossessing the Premises and removing all persons and property therefrom in
accordance with due process of law and obtaining damages as provided in Civil Code
Section 1951.2.
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, but in
no event exceeding a maximum of sixty (60) days from the date notice was provided to
LESSOR. Notwithstanding the foregoing, in the event of a situationcreating 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.
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453489.05 a03/18/04 —9—
On the occurrence of an Event of Default by LESSOR after expiration of the cure period
set forth above, COUNTY may terminate this Lease and quit the Premises without further cost or
obligation or may proceed to repair or correct the failure and invoice LESSOR for the reasonable
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.$. SUCCESSORS AND ASSIGNS: The terms and provisions ofthis'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. SEVERA131LITY: 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, NUISANCE: COUNTY shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet
enjoyment of any other Lessee or occupant of the complex in which the Premises are located.
COUNTY shall conform its use and occupancy of the Premises to the standards and modes of
use applicable to a first-class office building.
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
20601012263-0272
453484.05 a03118104 -10-
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)
2060/012263-0272
453489.05 x03/18/04
LEASE
FOR
CONTRA COSTA COUNTY
HEALTH SERVICES DEPARTMENT
11720 SAN PABLO AVENUE, SUITE C
EL CERRITO,CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE: COUNTY shall 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 only with LESSOR'S prior written consent,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 in a form and
content reasonably satisfactory to LESSOR 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 ether 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 COUNTY may request LESSOR
to provide certain custodial landscaping, maintenance, construction, remodeling or like services
beyond those LESSOR'S responsibilities as specified in Paragraphs A.7. and A.B. from time to
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453484.05 a03118104 -12-
time during the term of this Lease or extension thereof. LESSOR may decline to provide such
services in LESSOR'S sole and absolute discretion.
If LESSOR agrees to perform such additional services, COUNTY ;shall pay to LESSOR
as additional rental one hundred percent(100%) of the costs of the services. If LESSOR agrees
to perform such services, 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 provided the service.
CA. HAZARDOUS MATERIALS: LESSOR warrants to COUNTY that LESSOR does not
have actual knowledge of the presence of Hazardous Materials on the Premises in violation of
applicable 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
in violation of applicable environmental laws, which is not a result of the COUNTY'S use and
occupancy of the Premises. LESSOR. acknowledges and agrees that COUNTY shall have not
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 officers, agents, employees,',contractors, invitees
or other representatives. The obligations of this paragraph shall survive the termination of this
Lease.
COUNTY warrant to LESSOR that COUNTY does not have any knowledge of the presence of
Hazardous Materials present on the Premises in violation of applicable environmental laws.
COUNTY covenants and agrees not to use any Hazardous Materials on or about the Premises
without the prior written consent of LESSOR, which consent may be withheld in LESSOR'S
sole and absolute discretion. COUNTY covenants and agrees to use any Hazardous Materials
permitted by LESSOR to be used on or about the Premises strictly in accordance with all
applicable environmental laws. COUNTY agrees to remediate and to defend, save, protect and
hold harmless LESSOR from any loss arising out of any Hazardous Materials on the Premises
2060/012263-0272
453489.05 a03/18/04 —13—
which are caused to be present, released, discharged or spilled on or about the Premises by
COUNTY or any of its officers, agents,employees, contractors, invitees or other representatives.
"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.
C.5. TERMINATION OF PRIOR LEASE: It is understood and agreed that COUNTY
occupies the Premises under the terms of a Lease dated June 16, 1992. Upon the commencement
date of this Lease, said June 16, 1992 Lease shall terminate.
C.6. ESTOPPEL CERTIFICATE: If, as a result of a proposed sale, assignment or
hypothecation of the Building or the land thereunder by LESSOR, or at any other time, an
estoppel certificate shall he requested of COUNTY, COUNTY agrees, within ten (10) business
days thereafter, to deliver to such estoppel certificate in the form attached hereto as Exhibit "D"
and incorporated herein by reference or such other form of estoppel certificate as may be
reasonably requested by a lender providing financing for the Building so long as the information
requested in such other form does not substantially exceed the information requested in the form
of estoppel certificate attached as Exhibit"D"
2060/022263-0272
453483.05 a03/18/04 -14-
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EXHIBIT B-PARKING SPACES
EXHIBIT "C"-CUSTODIAL SERVICE SPECIFICATIONS
DAILY SERVICES
1. Clean all restroorns thoroughly each day,including,but not limited to,fixtures,mirrors,
hardware, wash basins,partitions, doors, and the surfaces.
2. Disinfect all toilets, urinals, and wash basins and mop floors nightly.
3. Inspect supplies in restroom dispensers daily and replace as necessary.
4. Empty and wipe out ash trays with a damp cloth.
5. Empty all trash containers throughout the premises.
6. Clean and disinfect drinking fountains.
7. Vacuum or spot-vacuum carpets as necessary around entry and heavy traffic areas.
Spot-clean carpets periodically as needed.
8. Remove spots and finger marks from glass on entry doors and all interior partitions.
9. Dust counter tops, desk tops, cabinets, tables, low wall partitions, window sills, and
telephones.
10. Sweep uncarpeted floors nightly and spot-mop as needed.
WEEKLY SERVICES
1. Vacuum all carpets thoroughly throughout the premises.
2. Dust building completely.
3. Mop all vinyl floor areas weekly and strip, wax, and buff when necessary.
4. Replace trash container liners as necessary.
-1-
TWICE YEARLY
1. Shampoo carpets.
2. Wash windows, window screens, and glass on both sides two times per year in May
and November. This includes all interior windows and glass.
3. Clean all ventilation grills.
ONCE YEARLY
1. Wash and clean all light fixtures inside and outside.
SUPPLIES AND EQUIPMENT
1. Furnish paper supplies such as seat covers,towels,toilet tissue,sanitary napkins,soap
for sink dispensers, and trash container liners.
2. Furnish all equipment,tools,and cleaning supplies such as carpet cleaner,disinfectant,
wax, and other supplies or chemicals required.
MISCELLANEOUS
1. Janitor room shall be kept neat, clean, and free of debris.
2. Security. Lock all doors and windows, set night lights and alarm system before leaving
building.
-2-
EXHIBIT"D"
ESTOPPEL CERTIFICATE
. 200
Re;
Ladies and Gentlemen:
This Estoppel Certificate ("Certificate") is made with reference to that certain Lease
dated ("Lease"), between the undersigned, as Tenant thereunder, and
as Landlord thereunder ("Landlord"). The undersigned understands that
("Buyer")may be purchasing the above-
referenced property("Property") and that Buyer is relying upon this Certificate.
With such understanding, the undersigned hereby represents and agrees, on behalf of
itself and its successors and assigns, for the benefit of Buyer, its successors and assigns, that as
of the date hereof.
1. The commencement date of the Lease was and the expiration
date of the Lease is with ( ___)options to renew the Lease for a
period of {- years each. The exercise date(s)of said options are:
2. The amount of monthly rent currently due under the Lease is $ per
month and the amount of the security deposit paid to Landlord.is $ The monthly
charges currently payable under the Lease for common area maintenance and other expenses are
$ The payment of rent commenced on , 19 and was last paid on
19_covering the period ending , 19_.
3. The undersigned has accepted and is occupying the leased premises and all
improvements in the leased premises, if required by the Lease, have been completed by Landlord
in accordance with plans and specifications approved by the undersigned.
4. The undersigned has not paid rent beyond the current month and agrees not to pay
rent more than one month in advance at any time.
2060/012263-0272
453489.05 a03118104
5. At no time during the term of the Lease has Landlord granted the undersigned any
free rent or tenant improvement contributions under the Lease except:
6. Landlord has not reimbursed and is not reimbursing the undersigned or paying the
undersigned's rental obligations under any other lease except:
7. The undersigned has not advanced any funds for or on behalf of Landlord for
which the undersigned has had the right to deduct from any past or future rent payments except:
8. The Lease is in full force and effect without default by Landlord or the
undersigned. The undersigned has no knowledge of the occurrence of any event which with the
passage of time or notice would constitute a default under the Lease by Landlord or the
undersigned nor would result in any offsets to the payment of rent.
9. The Lease is the entire agreement between Landlord and the undersigned
pertaining to the leased premises and the Lease has not been amended, supplemented or modified
except as follows (if no amendments, supplements or modifications to Lease, write "None"):
10. The undersigned agrees that no future amendment of the Lease is enforceable as
against Buyer and its successors unless such amendment has been consented to in writing by
Buyer.
11. The undersigned does not have the right to terminate the Lease except upon
destruction of the premises or a default under the Lease by Landlord.
12. The undersigned has not assigned or sublet the premises nor does the undersigned
hold the premises under an assignment or sublease except:
13. If the undersigned is a corporation, the person executing this certificate on behalf
of the corporation is a duly appointed officer of the corporation and is the incumbent in the office
indicated under his or her name. If the undersigned is a partnership, the person exercising this
certificate on behalf of the partnership is authorized by the partnership agreement to sign this
certificate on behalf of the partnership.
14. The undersigned has not been during the term of the Lease, and is not presently,
involved as a debtor in any bankruptcy, insolvency or reorganization proceedings.
The undersigned agrees to notify Buyer of any changes in the information set forth in this
Certificate which occur prior to the time the undersigned receives notice that Buyer has acquired
the Property.
Very truly yours,
By:
Its:
2060/012263-0272
453489.05 a03118104 -2-