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HomeMy WebLinkAboutMINUTES - 12022003 - C151 TO: BOARD OF SUPERVISORS ' CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA DATE: DECEMBER 2, 2003 COUNTY suBJEcT: SECOND AMENDMENT TO LEASEBACK WITH CENTRAL CONTRA COSTA SANITARY DISTRICT FOR PREMISES AT 4849 IMHOFF PLACE; MARTINEZ (TElOON) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE the Second Amendment to the Leaseback, first amended March 1, 2002, with the Central Contra Costa Sanitary District (Sanitary District) for the Premises at 4849 Imhoff Place, Martinez (Martinez Animal Shelter) to extend the term and monthly rental of the Leaseback and provide for a $25,000 landscaping and site improvement allowance payment from the County to the District upon the County surrender of the Premises under the terms and conditions more particularly set forth in the Second Amendment to the Leaseback. 2. AUTHORIZE the Director of General Services, or designee, to EXECUTE the Second Amendment on behalf of the County. FINANCIAL IMPACT The Second Amendment extends the term of the Leaseback and monthly rental amount of $5,800 from November 4, 2003 to April 4, 2004. Under the current terms of the Leaseback, first amended March 1, 2002, the County would be obligated to pay a rental of $29,000 per month for holding over beyond November 4, 2003. BACKGROUND On March 5, 2002, your Board approved the First Amendment to the above Leaseback to extend the term from November 4, 2002 to November 4, 2003, maintain the rent at $5,800 per month, and require the County, at its sole cost and expense, to clear certain equipment and improvements from the Premises upon the County's surrender of the Premises. It was anticipated that construction of the new Animal Services Facility in Martinez would be completed by November, 2003. However due to unforeseen circumstances beyond the control of the County which delayed the project, such as the weather, delays in receipt of materials and supplies, and step notices filed. by subcontractors and suppliers, the new facility is not scheduled to be completed until March, 2004. The Sanitary District Board of Directors has agreed to the Second Amendment to the Leaseback that extends the term to April 4, 2004, maintains the monthly rental at $5,800 per month, and requires the County to mare a lump sum landscaping and site improvement allowance payment of $25,000,to the District upon the Countv vacatinra the Premniqes. CONTINUED ON ATTACHMENT: Y SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE --APPROVE OTHER SIGNATURE(S): ACTION OF BOARE6 APPROVED AS RECOMMENDED `� OTHERS r VOTE OF SUPERVISORS UNANIMOUS(ABSENT A- l 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 AND CORRECT COPY OF AN ACTION TAKEN Lease Management Division AND ENTERED THE MINUTES OF THE BOARD Accounting OF SUPERVISO,S N THE DATE SHOWN. Auditor-Controller(via UM) Risk Management(vise LIM) ATTESTED Animal Services Department(via L1M) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS Central Contra Costa Sanitary District(via L/M) AND COUNTY ADMINISTRATOR BY a x '"`- DEPUTY r hLeaseMgtlBoard Ordersk0ecember 2\animalservicessecondmendment.doc Page 1 of I M382(10/88) SECOND AMENDMENT TO LEASEBACK FOR CONTRA COSTA COUNTY ANIMAL SERVICES DEPARTMENT 4849 IMHOFF PLACE MARTINEZ, CALIFORNINA 1. EFFECTIVE DATE AND PARTIES: Effective on November 3 2003, CENTRAL CONTRA COSTA SANITARY DISTRICT, hereinafter called "DISTRICT", and the COUNTY OF CONTRA COSTA,apolitical subdivision of the State of California, hereinafter called "COUNTY", mutually agree and promise as follows: 2. PURPOSE: Both parties desire to amend that Leaseback entered into between DISTRICT and COUNTY,dated November 2, 1999, first amended March 1,2002,for those premises consisting of approximately 10,700 square feet of buildings plus adjacent parking and fenced storage areas, commonly known and designated as 4849 Imhoff Place,Martinez, California,in order to extend the term of the lease to April 3,2004 and to provide for a lump sum landscaping and site improvement payment of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) to be paid by the COUNTY to the DISTRICT upon the COUNTY'S surrender of the Premises . 3. AMENDMENT: A. Paragraph A.4. TERM shall be deleted in its entirety and replaced by the following: A.4. TERM: The term of this Lease shall be four (4) years, five (5) months, commencing November 5, 1999 and ending April 4, 2004. B. The following language shall be added to Paragraph B.7.SURRENDER OF PREMISES: B.7. SURRENDER OF PREMISES : Both parties agree that in lieu of the COUNTY completing certain landscaping and site improvements to the Premises,COUNTY shall pay DISTRICT a landscaping and site improvement allowance in the amount of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) within thirty(30)business days of the COUNTY surrender of G:\LeaseMgt\CAROL\animalshelterleasesecondamendment.doc the Premises. 4, EFFECT: Except for the Amendment agreed to herein, the Leaseback of November 2, 1999, first amended March 1, 2002, remains in full farce and effect. IN WITNESS WHEREOF,the parties have executed the Second Amendment to Leaseback as of the day and year first written hereinabove. COUNTY DISTRICT COUNTY OF CONTRA COSTA, a CENTRAL CONTRA COSTA Political subdivision of the State of ('G-- RY DISTRICT California By Z 3 ` Director of General Services eneraWnr RECOMMENDED FOR APPROVAL: By '0s � Director of Adnilhistfation B 4ectaor., Capital Vacilities & Debt Management By (4W �� Purchasing aterials Manager Lease Manager APPROVED AS TO FORM: SILV O B. MAR+CHE , County Counsel By Deputy G:\LeaseMgt\CAIS.OL\animalsheltexleasesecondamendment.doc