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HomeMy WebLinkAboutMINUTES - 02252003 - C117 ONTRA TO: BOARD OF SUPERVISORS '_ C FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA DATE: FEBRUARY 25, 2003 COUNTY SUBJECT: LEASE FOR THE PREMISES AT 525 GREEN STREET, 4a 117 MARTINEZ FOR THE HEALTH SERVICES DEPARTMENT (WLP 501)(CP03-0'2) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE a three-year Lease, commencing March 1, 2003, with Barlet#ani Family Trust for the premises at 525 Green Street, Martinez, for occupancy by the Health Services Department, under the terms and conditions more particularly set forth in the Lease. 2. AUTHORIZE the Director of General Services, or designee, to execute the Lease on behalf of the County and to EXERCISE any options to extend the Lease. 3. DETERM'IN'E that the project is a Class 1(a) Categorical Exemption under the California Environmental Quality Act (CEQA). 4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Community Development Department and County Clerkfor filing of the Notice of Exemption. FINANCIAL IMPACT Approval of this base will result in an annual increase of approximately $3,600 in occupancy costs which will be funded by increased state grants reimbursement. BACKGROUND On September 4, 2002 the Board approved an agreement between the County and the State Department of Health Services in the amount of $241,293 for the Bioterrorism Response Planning and Preparedness Project. Staff for this project is required to be co-located with Public Health Administration at 597 Center Avenue, Martinez. The Contracts and Grants Division currently located at 597 Center requires additional space. Approval of this lease will allow for both the Bioterrorism Response Project and the Contracts and Grants Division to meet their space requirements. CONTINUED ON ATTACHMENT: YES SIGNATURE: NM` Aatf RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S;`'- YO ACTION OF BOAR(7jARY 25,,200-3 APPROVED AS RECOMMENDED X OTHER Y t VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:BARTON J.GILBERT(313-7100) Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN Lease Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. Auditor-Controller(via UM) Risk Management(via UM) ATTESTED Health Services(via UM) J K OF THE BOARD OF SUPERVISORS Barlettani Family Trust(via UM) /IkND COUNTY ADMINISTRATOR BY � J `� \ DE=PUTY eMgt1CAROL1525GreenBoardOrder.doc CC:tb Page i of 1 M382(10/88) CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption . Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-7250 Contact Person: Carol Chan Project Description, Common Name (if any) and Location: CP#03-02; WLP 501 Lease of existing building located at 525 Green St.,Martinez. Minor alterations consists of installation of additional electrical outlets and carpet replacement building footprint. This project is exempt from CEQA as a: [check which ever one applies] Ministerial Project(Sec. 15258) EJ Other Statutory Exemption,Section C] Declared Emergency(Sec. 15269(x)) ❑ General mule of Applicability(Section 15069(b)(3)) Emergency Project(Sec. 15269(b)or(c)) ® Categorical Exemption, Class 1 a Section 15301 for the followi DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM TIME CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) FILE NO.: WLP50I CP NO.: 03-02 ACTIVITY NAME: 525 Green St., .Martinez DATE: January 21, 2003 PREPARED BY: Carol Chan This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to article 5,Section 15061 (b) (3)of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. D.S`CHIP11ON, OF THE AMVITY1 Lease of building to include minor remodeling: additional electrical outlets, carpet replacement within existing office building footprint. LOCATIQN: 525 Green St. Martinez REVIEWED BY: DATE: APPROVED BY: DATE: Community Development Representative G:1LeaseM$t1CAROL1525GREENCEQADETERMINATION.doc (Form Revised 2197) Contra General Services department Costa County Initial Study OF ENVIRONMENTAL SIGNIF=ICANCE General Services Department Pile#03-02 1220 Morello Avenue,Suite 100 1� a ineZ Martinez,Califemia 94553-4711 Project Marne: Green Telephone: (925)313-7254 Prepared by Carol Chars Date 1/21/03 Reviewed by Date RECt)MMENDAT ONS: NCategoricai Exemption (Class 1a) ® Negative Declaration ❑ Environment Impact Report Required ❑ Conditional Neg. Declaration The Project Will Not Have A Significant Effect On The Environment The recommendation is based on the following (List all items identified as significant): Lease of building. Project involves minor remodeling of existing facilities-installation of additional electrical outlets, carpet replacement within existing building footprint. i I' What Changes To The Project Would Mitigate The Identified Impacts (List mitigation measures for any significant impacts and Conditional Negative Declaration). +i USGS Quad Sheet Martinez Base Map Sheet# G13 Parcel# 373-213-406 GENERAL CONSIDERATIQNS: 1. Location: 525 Green St., Martinez 2. Project Description: Lease of building. Project involves minor remodeling of existing facilities. Interior alterations include installation of additional electrical outlets and carpet replacement within existing building footprint. Continuation of office use. 3. Does it appear that any feature of the project will ❑ yes ® no ❑ maybe generate significant public concern? (Nature of concern): 4. Will the project require approval or permits by other Z yes ❑ no than a County agency? Agency Name(s): City of Martinez 5. Is the project within the Sphere of Influence of any city? (Name) Martinez G: _�aseMgt\CAR©L\525GreenStcega.doe see 570 MAP 1, j a I ......... ........... ... Y '�°. +`tr ';" _� 3 $�. .• „v`:fig -�.? J � k tiaxtin",i 3.30ml aiir>b'd ec ... < � ar, u4 �F II \IA Nk >rt' �'4c�` �,° � OR 81 Ay pt 9� `"c •s,ry � Fn�' m ry.�� 5 �c. ) -�s a �: � �\, � m J v 4s 6•,QLSA5 _ ""Y `ham �� �F' 'ONS Y n1 .� qF, � M ��•---..�r�R, -`bD >:Mi •�r" nd'�`�%L�� 9 6h � ��SR' � � � � ! AY I m ; i ito� h � � i8i E -- �¢•.- i"a; �`,'r ...-� to s VEAL€ v ; i yi •i ,Z � v .� ,u GIS �� � � _ -L[�i•i �{�ci � /.CW� 15 3 fF pF A mo moi S v«�1 I F}-_ ii "••i 1 j2 Sy r' yi AV '" x sm tri ♦�' Ca9Ll $�.r a 1tiW n 2,,�q< HONE �__' - .i.:Fk • 4 "DSA�lAa�. s a Etta r"' t r'liai--r-�roti^"!� r~� _� a. w F J'r w•'�_, CIR X' HULL �F 4 F_ e ��i' °a a s t E Yo- I Y i t 'a s • - i'i �fLLO qr� i awnRcuE YRwo �� .h 'usr g�} ;r�RVA s 4 RAttlBgf OR t ,- L'3 ��J'/�_}A;�? Soo } D,r ,y�^ ! � i15'-1•N''�A`�s�rj� ,�� � � REMD^ ORM WRS eA� 4 a ' EA Erni" - '� dVW X15 335 --•► � `Y�'���966'[.1HJTaddO� BA=G NEEDED TS CK , .' "•. 1. Make doer bell operable �-- 2. Remove floor outlet 3. Remove door 4. Remove door 5. Cut 2"diameter hole m counter for elec. cords 6. Remove door 7.' Remove door N 8. Close door&remove inside door knob to allow fdh bile cabinet flush to wall 9. :remove book case,patch, &touch-up paint y 10. Remove shelving in closet to free up for phone/data board&put key lock on door 11.Install new carpet through- out dight color to reflect »-� light and brighten up the office environment, 00LtS1' ask Ginger Niarieiro'to approve color) Vn 12. See Elec. &Phone/Data ---- Outlet Plan co 1. Install security alarm system 2, Wire new phone/data outlets (see Elec. &Phone/Data Outlet Plan) 3. Install phone system 4. Install computer data connectic (via T-1 line to HSD Data Ctr) IGON N 0urt t� PARK1NG LOT p ofl . CLSSIT a.. Nkio H 525 GREEN ST. (off A.lh�cobra) MARTIN LEASE CONTRA COSTA COUNTY HEALTH. SERVICES DEPARTMENT 525 GREEN ST. MARTINEZ, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES..................................................................................................... 1. A.2. LEASE OF PREMISES.............................................................................. 1 A.J. TERM..............................................................................i............................ 1 A.4. RENT......... ENT............................................................................................................. 1 A.5. EXTENSION............................................................................................... 2 A.6 USE OF PREMISES................................................................................... 2 A.7. CUSTODIAL AND UTILITIES................................................................ 2 A.8. MAINTENANCE AND REPAIRS............................................................ 2 A.J. NOTICES ICES..................................................................................................... 4 A.10. (EXHIBITS AND ATTACHMENTS.........................................................4 WRITTEN A.11. bis T i....fl. AGREEMENT........................................................................ 44 A.12. TIME'IS OF THE ESSENCE.................................................................... 5 A.13. SIGNATURE BLOCK.................................................. ............................ 5 SECTION B: STANDARD PROVISIONS B.I. Lam" ■/''y1.1�` y'.'OLDING OVER.............................................►......................................... {6 B.2.2. HOLD HARMLESS ................................................................................... V 3.3. ALTERATIONS, FIXTURES, AND SIGNS............................................ 6 B.4. DESTRUCTION......................................................................................... / L.5. QUIET ENJOYMENT ............................................................................... 7 B.L. DEFAULTS..................................................................................................... 7 B.7. SURRENDER OF PREMISES.................................................................. l �B.8. SUCCESSORS ASSIGNS................................................s................ 9 B.9. "(S'jEJ SEVERABILITY�ILI 1 ,L ..........................s.............................................................. 9 B.10. WASTE, NUISANCE...................................................►............................. 9 B.11. INSPECTION..............................................................................................9 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE............................................................. I1 C.2y. I�{N''{;lSUR(A`{N.{u�.+�E.........y......(..................................................................................... II C.3. SERVICE BY LESSOR i\............................................................................ 12 C.4. ACCOMPLISHMENT OF IMPROVEMENTS.................................... 12 C.5. COMPLETION AND OCCUPANCY.................................................... 13 C.6. :REAL PROPERTY TAXES.................................................................... 13 C.77. HAZARDOUS MATERIALS......................................... ........................ 15 C.O. PRIOR POI'JSESSION...wa........................................................................ 16 FAS25GreenSttease.doc EXHIBITS EXHIBIT A: PREMISES EXHIBIT B. SITE PLAN EXHIBIT C: LESSOR'S REPAIRS EXHIBIT D: COUNTY IMPROVEMENTS FA525GreanStlease.doc LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 525 GREEN ST. MARTINEZ, CALIFORNIA. SECTION A. BASIC TERMS AND CONDITIONS A.I. ►A t' ES: Effective on Fury 25, 2003, the BA.RLETTANI FAMILY TRUST, 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 E 0. USES: LESSOR., for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from LESSOR these certain premises described as follows: an approximate 1,600 square foot building commonly known as 525 Green St., Martinez, CA as shown. on Exhibit "A" ("Premises") which is attached hereto and incorporated herein, together with exclusive use of the building parking lot ("Building Parking Lot") as shown on Exhibit "B" Site Plan, attached hereto and incorporated herein. A.3. SRM: The term of this Lease shall be three years commencing March 1, 2003 and ending February 28, 2006. A.4. T: COUNTY shall pay to LESSOR for the use of the Premises a monthly rental, as follows, payable in advance on the tenth day of each month during the term of this Lease. Time Period mgnuy to March 1,2003-February 29, 2004 $ 1,500.00 March 1, 2004-February 28, 2005 1,575.00 March 1, 2005-February 28, 2006 1,655.00 1 li A5250reenStlease.doo Rental payments shall be sent to Lessor at 1026 Arlington Way, Martinez, CA 94553 or to any other address as may be designated by LESSOR. A.5. EXU S10 : 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 March 1, 2006 and ending February 28, 2007, at a rental of ONE THOUSAND SEVEN HUNDRED FORTY AND NO/100 DOLLARS ($1,740.00)per month. b. Second Option: For a one (1) year term, commencing March 1, 2007 and ending February 29, 2048, at a rental of ONE THOUSAND EIGHT HUNDRED TWENTY-FIVE AND N0I100 DOLLARS ($1,825.00) per month. C. Third Option: For a one (1) year term, commencing March 1, 2008 and ending February 28, 2009 at a rental of ONE THOUSAND NINE HUNDRED FIFTEEN AND NO/100 DOLLARS ($1,915.00)per month. It is understood and agreed COUNTY shall give LESSOR. sixty (60) days prior written notice of its intention to exercise any option to extend this Lease. However, in the event COUNTY does not give such written notice, its right to exercise any option shall not expire until fifteen (15) working days after receipt of LESSOR'S written demand to exercise or forfeit said option. A.6 USE OF p W E : The Premises shall be used during the term or extension thereof for purposes of conducting various office functions of COUNTY. A.7. CUSTUDIAL & ]U .ILTZI : COUNTY shall pay for all custodial, gas, electric, water, and refuse collection services provided to the Premises. A.8. MALNIENANCE AND R gS-. a. LESSOR. shall keep the roof and exterior of the Premises 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, 2 F A525GreenStlease.doc glass and glazing. COUNTY shall maintain and repair all lock and key systems used in the Premises. b. COUNTY shall keep and maintain the interior of the Premises in goad 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 deliver the Premises with the electrical, lighting, water and plumbing systems in good working order and condition. Thereafter COUNTY shall be responsible for routine maintenance and repair of the electrical, lighting, water, and plumbing systems. LESSOR shall be responsible for major repairs and/or replacement of said systems. A major repair or replacement shall be defined as an expense in excess of$1,000.00 per item per occurrence. d. LESSOR shall deliver the Premises with heating, ventilating, and air- conditioning (HVAC) system in good working order and condition. Thereafter COUNTY shall be responsible for the HVAC system and shall provide for quarterly HVAC maintenance. LESSOR shall be responsible for replacement of major components of the HVAC system. A major repair or replacement shall be defined as an expense in excess of$1,000.00 per item per occurrence. e. COUNTY shall maintain the landscaping, exterior lighting system and parking lot in good order, condition, and repair. LESSOR shall be responsible for repair and/or replacement of the exterior]lighting system and replacement of landscaping plants, shrubbery and trees. LESSOR. shall be responsible for repair of potholes, alligatoring, cracking and deterioration of the parking lot pavement. LESSOR. shall be responsible for resurfacing, resealing, and restriping of parking lot. 3 FA525GreenStlesse.doc f LESSOR shall provide and install, at the direction of the Fire Marshal, the necessary number of A-B-C fire extinguishers for the Premises at no cost to COUNTY. COUNTY shall thereafter maintain, repair, and replace the extinguishers. g. COUNTY shall not suffer any waste on or to the Premises. h. LESSOR shall be responsible for the correction of any code violations which may exist in the Premises, provided LESSOR shall not be liable for correction of code violations which arise out of and are directly related to a change in COUNTY'S occupancy or use of the Premises. A.9. NOTICES: All notices given hereunder shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time: To LESSOR: Barlettani Family Trust 1026 Arlington Way Martinez, CA 94553 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 140 Martinez, CA 94553-4711 A.10. EXIBRUIS AND UACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, Exhibit "A"—Premises, Exhibit "B"-Site Plan, Exhibit "C"-Lessor's Repairs and Exhibit'"D"-County Improvements, are attached to this Lease and are made a part hereof A.11. M MEN A RFMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no fftrther force or effect. This Lease may be modified only by a' writing signed by bath parties. The headings of the paragraphs' and pages,are for 4 FA52SGreenStlease.dcc convenience only and are not a part of this Lease, nor shall they be consideredin construing the intent of this Lease. A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.13. SIGNATURE BLOCK coum LESS COUNTY OF CONTRA COSTA, a BARLETTANI FAMILY TRUST Political subdivision of the State of California By Trustee By 42:3:Q2 Director of General Services RECOMMENDED FOR APPROV AT By Dir r of Capital Facilities and r Debt Management By (jjl� LOA Lease Manager By Health ervices Department Representative APPROVED AS TO FORM: SILV"ANO B. MARCHESI, County Counsel r By Deputy 5 FA525GreenStlease.doe LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 525 GREEN ST. MARTINEZ, 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. R.2. HOLD NAI ;FSS: COUNTY agrees to defend, indemnify, and hold harmless the LESSOR from any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person arising out of negligent or intentional acts, errors or omissions of the COUNTY, its officers, agents or employees. COUNTY shall not be liable in the case of any structural, mechanical or other failure of equipment and/or building owned and maintained by the LESSOR or for other liability which is attributable, in whole or in part, to the negligence, willful misconduct, or other intentional act, error or omission of LESSOR., which results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the any and all claims, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent or intentional acts, errors or omissions of the LESSOR, its officers, agents or employees. 8.3. ALT .RATION& ' SUES- AND SIGNS: COUNTY may make any lawful and proper miner alterations, attach fixtures and signs in or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY .prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY'S sole cost and expense, and all signs shall meet with existing code requirements and LESSOR'S approval 6 FA5250reenSde .doc BA. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease or any extension thereof from any cause, and repairs . can be made within sixty (60) days from the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR. shall repair the damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the Premises are unusable by COUNTY. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at its option, make the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. In the event LESSOR does not so elect to make such repairs (which cannot be made in sixty <60> days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C. A total destruction of the Premises shall terminate this Lease. 8.5. QUET ENJOYM NI: LESSOR covenants that COUNT' shall at all times during the term or any 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. 8.6. AAIB: The occurrence of any of the following shall constitute an Event of Default under this Agreement; a. Event of Default by COUNTY 1. COUNTY'S failure to pay any Rental within ten (10) business days after written notice of failure from LESSOR to COUNTY. If, however, payment is not made within ten (10) business days of said written notice due to 7 1;AMGreen%lease.doc circumstances beyond the reasonable control of COUNTY, which circumstances may, without limitation hereby, include failure of COUNTY to adopt a budget, then COUNTY shall mare such payment within such additional time [but not to exceed a total of seventy five (75) days from LESSOR'S notice to COUNTY.] 2. COUNTY'S failure to comply with any other material term or provision of this Lease if such failure continues thirty (30) days after written notice of failure from LESSOR to COUNTY specifying in reasonably sufficient detail the nature of said breach. If the required cure of the noticed default cannot be completed within thirty (30) days, COUNTY'S failure to perform shall constitute a default under the Lease unless COUNTY has attempted to cure the default within said thirty (30) day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. On the occurrence of an Event of Default by COUNTY, LESSOR may re-enter and repossess the premises and remove all persons and property therefrom after giving COUNTY written notice of such default and in accordance with due process of law. b. Event of Default by LESSOR LESSOR'S failure to perform any of its obligations under this Lease shall constitute a default by LESSOR if the failure continues for thirty (30) days after written notice of the failure from COUNTY to LESSOR. If the required cure of the noticed default cannot be completed within thirty (30) days, LESSOR'S failure to perform shall constitute a default under the Lease unless LESSOR has attempted to cure the default within said thirty (30) day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. Notwithstanding the foregoing, in the event of a situation creating a perilous condition on the Premises which substantially and significantly;threatens the health and safety of COUNTY and/or its invitees, LESSOR shall use reasonable efforts to 8 r:\525oreenStlease.doc immediately address the situation and shall use diligentefforts to correct the perilous condition. On the occurrence of an Event of Default by LESSOR., COUNTY may terminate this Lease and quit the Premises without further cost or obligation or may proceed to repair or correct the failure and either deduct the cost thereof from rental payments due to LESSOR, or at COUNTY'S option, invoice LESSOR for the cost of repair, which invoice LESSOR.shall pay promptly upon receipt. B.7. SA NDER —OF AUSES: 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, fixe, public calamity, by the elements, by Act of God, or by circumstances over which COUNTY has no control. COUNTY shall not be liable for painting the interior of the Premises upon termination of this Lease. B.B. SUCCESSORS ANDASSIGNS: The terms and provisions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties hereto. B.9. T' ERABIL '' : 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. WAST.E. 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 neighbor of the Premises. B.11. INSPECIIQN: LESSOR. reserves the right to enter the Premises by prior appointment only between the hours of 9:40 a.m. and 4:34 p.m., Monday through Friday, holidays excepted, and to employ the proper representative or contractor in order to see 9 F:\525GreenStIease.dae 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) FA525GreenStdease.duo 10 LEASE FOR CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT 525 GREEN ST. MARTINEZ, CALIFORNIA SECTION C: SPECIAL, PROVISIONS C.I. ASSIGNMENT OR SIM ' SE: COUNTY shall not have the right to assign this Lease during the term of this Lease or extension thereof without LESSOR'S written approval. Such approval shall not be unreasonably withheld. COUNTY shall have the right to sublease the Premises or any part thereof to COUNTY related contract providers' during the term of this Lease or any extension without LESSOR'S written approval. For non-County related subleases, COUNTY shall not have the right to sublease the Premises or any part thereof during the term of this Lease or any extension without LESSOR'S written approval. Such approval shall not be unreasonably withheld. Any subleasing of the Premises shall not relieve the COUNTY of the responsibility for payment of rent and meeting all the obligations and conditions of the terms of this Lease. C.2. Imo .: 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 indicating the aforementioned provisions are in effect and naming LESSOR as an additional insured. The COUNTY`S self-insurance coverage does not extend to 'those areas to be maintained by the LESSOR under this Lease nor to negligence, willful misconduct or other intentional act, error or omission of LESSOR., its officers, agents, or employees. ll FAS25G=nSttease.doc COUNTY shall provide insurance for its 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, personal property and fixtures and will sign all documents necessary or proper in connection with the settlement of any claim or loss by COUNTY. C.3. SEEINICEV LESS It is understood and agreed that LESSOR may perform certain landscaping, maintenance, construction, remodeling or like services beyond those which are the LESSOR'S responsibilities as specified in Paragraph A.8, as requested by COUNTY from time to time during the term of this Lease or extension thereof. COUNTY shall pay to LESSOR. as additional rental one hundred percent (100%) of the costs of the service. LESSOR shall consult with COUNTY and select either licensed, insured contractors or employees of LESSOR to provide the service. LESSOR shall obtain COUNTY'S prior approval on the scope, term, and cost of the contracts. COUNTY shall have the right to change the level of service from time to time by giving LESSOR thirty (30) days' prior written notice, including the right to terminate any or all service, or to require different contractors to provide the service. CA. ACCOMPLISHMEN1 OF IMPRO-VEMENT a. LESSOR, at its sole cost and expense, shall complete Repair Items 1. through 10. which are listed in Exhibit "C"-LESSOR'S REPAIRS, which is attached hereto and incorporated herein. b. LESSOR. agrees to replace the carpeting throughout the Premises. Both parties have agreed on Speed of Light II carpet, color ##206, commercial carpet pad and floor covering (Congoleum Florever commercial vinyl flooring in the kitchen area), at a total cost not to exceed FOUR THOUSAND FOUR HUNDRED FIFTY AND N0/100 DOLLARS ($4,450.00). COUNTY shall reimburse the LESSOR TWO THOUSAND TWO 12 F:\5250reenSttease.doc HUNDRED TWENTY FIVE AND NO/100 DOLLARS ($2,225.00) or 50% of the costs for the carpet and floor covering installation. b. Both COUNTY and LESSOR agree that LESSOR. shallcomplete COUNTY requested Electrical and Data Improvements as contained in Exhibit "D"- COUNTY IMPROVEMENTS, which is attached hereto and incorporated herein, at a cost not to exceed TWO THOUSAND ONE HUNDRED SIXTY FIVE AND NO/100 DOLLARS ($2,165.00). COUNTY shall reimburse LESSOR 140% for the COUNTY IMPROVEMENT expenses. C. LESSOR shall not make or cause any changes to the LESSOR'S REPAIRS and/or the COUNTY IMPROVEMENTS without prior written consent of the COUNTY. C.5. QUMPE110N AND OCCUPA-NCY: The following procedure shall apply for completion and acceptance of the repairs and improvements. a. If by March 1, 2003, LESSOR has completed all the repairs and improvements listed in Exhibits C and D and replaced floor covering, hereafter collectively referred to as Improvements and they are accepted by the COUNTY'S Lease Manager or designee, rent shall commence effective March 1, 2003. In the event LESSOR. cannot complete the Improvements by March 1, 2003, rent shall not commence until the first business day after the Improvements are accepted by the COUNTY'S Lease Manager or designee. If the Improvements are not completed by May 1, 2003, COUNTY, at its sole discretion, may terminate this Lease by giving LESSOR written notice of such termination, with no cost or obligation on the part of the COUNTY. b. The sole basis for rejection of the Improvements shall be nonconformity with the specifications as indicated on Exhibits "C" and "D" or applicable laws or ordinances. In the event COUNTY rejects the Improvements, 13 FA525Greenstlease.doa COUNTY shall provide LESSOR with a reasonably detailed list of the deficient portions or details of the Improvements. C. Subject to subparagraphs (a) above, rental shall be prorated as of the first workday following the acceptance. However, acceptance of the improvements shall not constitute a waiver of any warranty of any defect in regard to workmanship or material of the improvements on the Premises. d. Upon completion and acceptance of the Improvements in accordance with subparagraphs (a) and (b) above, COUNTY shall pay to LESSOR TWO THOUSAND ONE HUNDRED SIXTY FIVE AND INTO/100 DOLLARS ($2,165.00) for Improvements as specified in Exhibits "D" and TWO THOUSAND TWENTY FIVE AND NO/100 DOLLARS ($2,225.00) which represents 50% of the cost for the floor covering;replacement. After Lease execution, LESSOR. shall submit to COUNTY a properly documented payment request on form approved by COUNTY for - expenses incurred by LESSOR. in completing the County Improvements and floor covering replacement. LESSOR shall provide lien releases from all contractors and suppliers. Payment shall be due to LESSOR. within (10) business days fallowing approval of request by COUNTY. C.6. REAL FROPERly IA�,XES-. COUNTY shall pay to LESSOR within thirty (30) days after being requested to do so by LESSOR, as additional rental, a sum equal to the increase, if any, in City and/or County real property taxes, or general assessments levied against the Premises and Parking Lot in any year during the term of this Lease and any extension, which may exceed TWO THOUSAND ONE HUNDRED FORTY EIGHT ANIS 20/100 DOLLARS ($2,148.2.0) which are the real property taxes'';for the base year, fiscal year 2002-03, as follows: Agesso s Emel No Doui 'ori F. 002/0 es 373-213-006-1 Premises $ 1,318.12 373-213-005-3 Parking Lot a3Q.08 $ 2,148.20 14 F A525Greettstlease.doc COUNTY shall not pay for any increase in real property taxes resulting from a change in ownership of the property. It is understood that during the last year of occupancy, said taxes shall be prorated according to the numberof full months the COUNTY had occupancy of the Premises. C.7. HAZARDOXIS ,M AT S. LESSOR represents to COUNTY that LESSOR does not have any knowledge of the presence of hazardous materials or contamination of the Premises in violation of environmental laws. LESSOR agrees to defend, save, protect and hold harmless COUNTY from any loss arising out of the presence of any hazardous materials on the Premises which is not a result of the COUNTY'S use and occupancy of the Premises. LESSOR acknowledges and agrees that COUNTY shall have no obligation to clean up or remediate, or to contribute towards the cost of clean up or remediation of any hazardous materials that is not caused to be present, released, discharged or spilled on or about the Premises by COUNTY, its agents, employees, contractors, invitees or other representatives. COUNTY agrees to defend, save, protect and indemnify and hold harmless LESSOR from any loss arising out of the presence of hazardous materials arising as a result of COUNTY'S activities, in or around the Premises. COUNTY acknowledges and agrees that LESSOR shall no obligation to clean up or remediate, or to contribute towards the cost of clean up or remediation, of any hazardous materials caused to be present, released, discharged, or spilled on or about the Premises by COUNTY, its agents, employees, contractors, invitees or other representatives. The obligations of this paragraph shall survive the termination of this Lease. "Hazardous Materials" is defined to mean any substance, material or waste, including lead based paint, asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance or material under any federal, state or local law, regulation or ordinance. 15 F A525GreenStlease.doe C.B. PRIOR p'OSS SIO: Commencing on February 24, 2003, COUNTY shall' have the right to install cabling, telephones, and other items required to prepare the space' for COUNTY'S occupancy and to store furniture, supplies, and equipment where such work or storage can be effected without unduly interfering with LESSOR'S completion of the Improvements. 16 FA5250reenStlease.doc r FORM ` � 4 tj 00 I A ou h ` a OD C1 • YIY6Yril • . Nt • Mw Y • a . Y N r k • • R Y Y n'rrMM,rinVwy�M�Yw Y_ EXRWIT A-PREMISES � ..... _ . r�oaEarr LINE * i • . !LANSING aA"Ime Lot tI] SPACES) 525'GRE'EH STREET v Ln l � a ' t3f{EV� PLANTING ✓` ck 1-he MAtdC _ aACpfATV LINE GREEN STREET . PLOT PLAN NORTH EXHIBIT B-SITE PLAN , iT11" _ _... ISA roam , r L+SSOR'S REPAII JV ..._.,....._..,_.,,.., 1. akc door bell+aper r } 2. Remove floor outlet I Remove door ` Q 4. Remove door 5. Cut 2".diameter hole m.counter for elm c h. Remove door 7. Ranov+e door 14 8. Close door,&remov inside door knob to'j file cabinet flush to I 9.�j Remove em e book cam„l-Up Paint 10.Remove shelving in to frees up for phonel, board&put key loc, ^R �M ♦ w MEW4 F,Y y M °ter op . e • - �,rXHIy T E�.t S art REP DAUM _- NEMA' 20 POPCR•: W . � .! PrMCAL OUTIET *, A ftPHO its specified =Aj�� )npage 2) ° HEM . IvStd'S � Uded dupl Outlet;N-91 tfiu' Z• ` cmaM PbDue outlet XZIL r1weptIldle boxes wi&IIm c0ndl*and Pull sUirm to for wwag by COI ` '1 ft-N; • 0 NT .: `. �NW'EUCTIUCAL 0LrrLUr TI HT PLATA c�u� i NT-NEW pMXBIDATA 0UTLBT 1'HC?NDDATA � PA MG LOT CLOSETFMelk . o APi ,y t)1 ;BOARD 45i~ ` (sus specified on page 3) . 5 to i EXMBIT D"COUNTY I PR.O EM+NTS (page 1 of 4) Mita i { Electrical Re uire encs AU Iaa. 120 volt HVC copiers above 50 cpm require Haat only a 20 ampere dedicated electrical power source be used.S1=these models are equipped with a 20 ampere power cord,a 20 ampere line is required for installation of these models. Please make certain that your sales department is aware of these power requirements.Customer locations must be equipped with a 20 power receptacle (Neta 5201, 20A, 125V)prior to delivery of the macre. The installation of the wall nutlet must be performed by a licesxsed electrician and conform to local, state, i and national electrical codes. Any alterations to the power card or power receptacle,including a+daptcrs etc., are strictly prohibited and wM void the warranty of the machine. It is also suggested that a transient voltage surge suppressor be used on all 14ta HVC copiers.Mita mcom mends the use of EH brand surge suppressors on all Mita photocopying equipment. A surge suppressor wiU protect y6ur machirtc from any voltage spikes that occur on your power Brie,thins eUrnination the risk of erroneous C-codas, logic errors,or printed circuit board damage. . y U4 (NEMA 5-20R) y�Y , y • y t 1 i� 1 Specification for New Electrical Outlet NE5 EXMBIT D-COUNTY INIPRO EMENTS (page 2 of 4) ~Mme' GM w R! M yy w # r • • R FA 7 R R r # ! • R r mamma ,i��Iallfflq ig�` MOO Hannon NONE on IN o■a[olpti onom a 1 inngmu � � ismu1l;:11 "10"a z al nos 0 ■ � � ul Mo NOUN-ME a # ! # r # # • ALHAMBRA ELECTRIC~ 836 Alhambra Avenue Martinez,California 84553 925/228-2050 Fa)c 925/2M4206 Contractor License #284541 January 27,2003 Mr.Gary Barlettanni Re: 525 Green Streets Martinez Mr. Barletanni: We hereby propose the following: • Furnish and install five new duplex receptacles,mounted on baseboard. 'Tie onto existing plugs circuits as requited. • Install two dedicated circuits for telephone backboard and copier. • Furnish and install nine telephone outlets mounted on baseboard with conduit stub into basement. • Install a 2"sleeve through floor in telephone closet. • Label circuits at existing breaker panel. The price for this work shall be$2165.00. Please call me if you should have any questions. Sincerely, Bob Trebino EXHIBIT D-COUNTY IMPROVEMENTS (page 4 of 4)