HomeMy WebLinkAboutMINUTES - 11042003 - C94 TO: BOARD OF SUPERVISORS ,'` CONTRA
FROM: BARYON J. GILBERT, DIRECTOR OF GENERAL SERVICES '
COSTA
s ;
DATE: NOVEMBER 4, 2003 `'ds ---=---- '" COUNTY
�c
SUBJECT: LEASE FOR THE PREMISES AT 3501 LONE TREE WAY, SUITES
2 & 4, ANTIOCH FOR THE HEALTH SERVICES DEPARTMENT logo 4
(WLP517)(CP#03=48)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a Lease, commencing December 1, 2003, with Guru Thalapaneni for the premises at
3501 Lone Tree Way, Suites 2 & 4, Antioch, for occupancy by the Health Services Department—
Children's Mental Health Division, 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, upon successful negotiation of a purchase option price and Lessor provided
additional parking, and to EXERCISE any options to extend the Lease.
3. DETERMINE 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 Clerk for
filing of the Notice of Exemption.
FINANCIAL IMPACT
This five year and one month lease begins December 1, 2003 and ends December 31, 2008 with
specified annual rent increases during the term. The lease payments of $11,517 per month are to
commence upon the completion of County tenant improvements by the Lessor, estimated to be
completed by December 31, 2003. The cost for the County improvements is estimated to total
$382,000 and will be paid for by the Health Services Department. The rental cost for this location
exceeds the cost for their existing offices by $2,700 per month. Lease occupancy costs will be
included in the Health Services Department budget.
CONTINUED ON ATTACHMENT: X YES SIGNATUREAJL
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C MMITTEE
'APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD N APPROVED AS RECOMMENDED ��..T. .
VOTE OF SUPERVISORS
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) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
G.Thalapaneni(via UM) AND COUNTY ADMINISTRATOR
BY ,DEPUTY
1:1LeaseMgt\Board Orders\November 413501 Lone Tree Way,STE 2&4.doc CGB:cbPage 1 of 2 M382(10188)
9
LEASE November 4, 003
FOR THE PREMISES AT 3501 LONE TREE WAY,
SUITES 2 &4, ANTIOCH FOR THE HEALTH
SERVICES DEPARTMENT
BACKGROUND
The Health Services Department has determined that the Children's Mental Health Division (CHMD)
should be relocated to more suitable office space. The 7,678 square feet of space located at 3501
Lone Tree Way, Suite 2 & 4 is intended to replace approximately 7,635 square feet of office space
occupied by CHMD under two leases at 2400 Sycamore Drive, Suites 18 and 33, Antioch. Month to
month leases for another Health Services program at 2400 Sycamore will be terminated and the
occupant moved into Suite 33 since the lease does not end until April 30, 2004. The lease for Suite
18 will be terminated. The location of CHMD at 3501 Lone Tree Way will provide better coordination
of services to the public since the Health Services Department expanded Family Practice Clinic is
located at the adjacent building at 3501 Lone Tree Way.
1:1LeaseMgt\Board Orders\November 413501 Lone Tree Way,STE 2&4.doc CGB:cbPage 2 of 2 M382(10/88)
LEASE
TABLE OF CONTENTS
3501 Lone Tree Way, Suites 2 & 4
Antioch, California
Contra Costa County Health Services Department
SECTION A: BASIC TERMS AND CONDITIONS
A.1 r PARTIES............................................................................................................ I
A.2. LEASE OF PREMISES..................................................................................... I
A.3. TERM................................................................................................................. I
A.4. RENT ................................................................................................................. I
A.5. EXTENSION..................................................................................................... 2
A.6. USE OF PREMISES.......................................................................................... 2
A.7. UTILITIES......................................................................................................... 2
A.8. MAINTENANCE AND REPAIRS ................................................................... 2
A.9. NOTICES...........................................................................................................4
A.10. EXHIBITS AND ATTACHMENTS.................................................................4
A.11. WRITTEN AGREEMENT................................................................................4
A.12. TIME IS OF THE ESSENCE............................................................................ 5
A.13. SIGNATURE BLOCK ...................................................................................... 5
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER.............................................................................................. 6
B.2. HOLD HARMLESS ..............................................*so.o 6
B.3. ALTERATIONS., FIXTURES, AND SIGNS.................................................... 6
B.4. DESTRUCTION................................................................................................ 7
B.5. QUIET ENJOYMENT....................................................................................... 7
B.6. DEFAULTS ....................................................................................................... 7
B.7. SURRENDER OF PREMISES..........................................................................9
B*88 SUCCESSORS AND ASSIGNS ........................................................................ 9
B.9. SEVERABILITY.......................................................................................40*00.0*0 9
B.10. WASTE., NUISANCE........................................................................................ 9
B.11. INSPECTION .................................................................................................... 9
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE.................................................................... 11
C.2. SERVICE BY LESSOR................................................................................... 11
C030 ACCOMPLISHMENT OF COUNTY IMPROVEMENTS............................ 11
C.4. LESSOR ALLOWANCE AND IMPROVEMENTS...................................... 13
C.5. COMPLETION AND OCCUPANCY ............................................................ 14
CA ADDITIONAL PARKING.............................................................................. 15
C.7. RIGHT OF FIRST REFUSAL TO LEASE..................................................... 16
C.8. EXCLUSIVE OPTION TO PURCHASE ....................................................... 16
C.9. HAZARDOUS MATERIALS ......................................................................... 19
C.10. RECORDING .................................................................................................. 19
EXHIBITS
EXHIBIT A: PREMISES
EXHIBIT B: TENANT IMPROVEMENT BUDGET
EXHIBIT C: CONSTRUCTION SCHEDULE
EXHIBIT D: LEGAL AND SURVEYOR'S DESCRIPTION
EXHIBIT E: MEMORANDUM OF LEASE
LEASE
FOR
CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
3501 LONE TREE WAY, SUITES 2 & 4
ANTIOCH, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES: Effective on November 4, 2003, GURU THALAPANENI, 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: in the two story building commonly known as 3501 Lone Tree Way, Antioch
(Building), Suite 2, a first floor office suite containing approximately 1,025 useable square
feet, and Suite 4, a second floor office suite containing approximately 5,955 useable square
feet for a combined total of 6,980 useable square feet, plus common area of 698 square feet
for a total of 7,678 rentable square feet as shown on Exhibit "A" which is attached hereto
and made a part hereof ("Premises"), together with nonexclusive use of the Building
parking lot.
A-3. TERM: The term of this Lease shall be five (5) years, commencing January 1, 2004
and ending December 31, 2008.
A-4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a
monthly rental, payable in advance on the tenth day of each month during the term of this
Lease, as follows:
Lease Period Monthly Rent
January 1, 2004 through December 31, 2004 $119517.00
January 1, 2005 through December 31, 2005 $115865.00
January 1, 2006 through December 31, 2006 $129220.00
January 1, 2007 through December 31, 2007 $129585.00
January 1, 2008 through December 31, 2008 $12,965.00
Notwithstanding the above, all obligations of the COUNTY under this Lease,,
including but not limited to the payment of rent, shall not commence until the COUNTY
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has accepted the Premises in accordance with Paragraph C.5., Completion and Occupancy
of this Lease. If acceptance of the Premises occurs after the first of the month, rent shall be
prorated for the initial month. Rental payments shall be mailed to LESSOR at 317
Ray mundo Drive, Woodside, CA 94062 or to any other location designated by LESSOR in
writing from time to time.
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 two (2) year term, commencing January 1, 2009 and
ending December 31, 2010, at the following rent:
Extension Period Monthly Rent
January 1, 2009 through December 31, 2009 $139355.00
January 1, 2010 through December 31, 2010 $131756.00
b. Second Option: For a two (2) year term, commencing January 19 2011 and
ending December 31, 2012, at the following rent:
Extension Period Monthly Rent
January 1, 2011 through December 31, 2011 $149170-00
January 1, 2012 through December 31, 2012 $149595-00
It is understood and agreed COUNTY shall give LESSOR thirty (30) 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 before
termination of the Lease shall not expire until fifteen (15) working days after receipt of
LESSOR'S written demand to exercise or forfeit the option.
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: COUNTY shall pay for all gas,
electric and custodial services to the Premises and shall for water service for the
I pay pay
second floor of the Building. LESSOR shall pay for water service to Suite 2 and for sewer
and refuse collection services provided to the Premises.
A.8. MAINTENANCE AND REPAIRS:
a. LESSOR shall keep the roof and exterior of the Building in good order,
condition, and repair and shall maintain the structural integrity of the
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46
Building, including the exterior doors and their fixtures, closers and hinges,
and all glass and glazing in the Premises. COUNTY shall be responsible for
the locks and key systems in the Premises.
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. COUNTY shall repair and maintain the electrical, lighting,. water, and
plumbing systems of the Premises in good order, condition, and repair.
LESSOR shall be responsible for major repair and/or replacement of the
electrical, lighting, water and plumbing systems. For the purpose of this
Lease, major repair and/or replacement shall be defined as an expense which
exceeds $1,000.00 per occurrence.
d. LESSOR shall maintain and repair the heating, ventilating, and air-
conditioning (HVAC) systems. LESSOR shall maintain a regular main-
tenance contract for the HVAC systems which shall include quarterly
maintenance and changing of filters.
e. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and
exterior lighting system in good order, condition, and repair.
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.
9. 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.
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i. COUNTY shall maintain COUNTY-installed security and panic alarm
systems in the Premises. LESSOR shall maintain fire alarm and sprinkler
system.
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: Guru Thalapaneni
317 Raymundo Drive
Woodside, CA 94062
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 — Tenant Improvement Budget,
Exhibit C — Construction Schedule,, Exhibit D — Legal and Surveyor's Description and
Exhibit E—Memorandum of Lease are attached to this Lease and are made a part hereof.
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.
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A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.13. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a Guru Thalapaneni
political subdivision of the State of
California
By
ijirecyor of General Services
RECOMMENDED FOR APPROVAL:
By
Director of Capital Facilities and
Debt Management
By-Caff&
Lease Manager
By 10
Health ices Departm nt
APPROVED AS TO FORM:
SILVANO B. MARCHESI, County
Counsel
By
Deputy
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1
r
14
LEASE
FOR
CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
3501 LONE TREE WAY, SUITES 2 & 4
ANTIOCH, 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 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 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.
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 COUNTYp rior 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.
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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 his
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
I 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 the written notice due to
circumstances beyond the reasonable control of COUNTY, which
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14
circumstances may, without limitation hereby, include failure of COUNTY to
adopt a budget, then COUNTY shall make 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 the 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 the 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 the 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 immediately address the situation and shall use diligent efforts to
correct the perilous condition.
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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.
8.7, 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.
8.8. 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.
8.9. SEVERABILITY: 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 Building.
COUNTY shall conform its use and occupancy of the Premises to the standards and
modes of use applicable to a first-class office building.
8.11. 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
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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)
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LEASE
FOR
CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
3501 LONE TREE WAY, SUITES 2 & 4
ANTIOCH, 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.
C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide
certain landscaping, maintenance, construction,, remodeling or like services beyond those
which are LESSOR'S responsibilities as specified in Paragraph AX, Maintenance and
Repairs, as requested in writing 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
written 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.
C.3. ACCOMPLISHMENT OF COUNTY IMPROVEMENTS:
a. LESSOR shall construct Tenant Improvements per the plans and
specifications prepared by Roger J. Wilson, Architect, dated November 19,
2003, which are on file with the COUNTY Lease Management Division.
Tenant Improvements shall be constructed in accordance with the Tenant
Improvement budget dated October 16, 2003 (Tenant Improvement Budget)
and Construction Schedule dated November 4. 2003 (Construction Schedule),
which are attached hereto and made a part hereof as Exhibits "B" and "(MC35'
ti
LESSOR shall not make or cause to be made any changes in the plans
or specifications without the prior written consent of COUNTY. LESSOR'S
contractors shall comply with the California Labor Code Sections 1720-1861
as they apply to the accomplishment of the Tenant Improvements.
LESSOR shall make changes, additions or deletions upon written
Change Order from COUNTY and such items shall be charged at a rate not to
exceed direct cost. COUNTY shall receive full credit for any deletions.
COUNTY hereby reserves the right to inspect during construction of
improvements as specified herein, but will not interfere with LESSOR'S
work and will notify LESSOR of any requests, recommendations or
discrepancies.
b. LESSOR shall obtain at least two bids from licensed contractors. If the
Tenant Improvement Budget as contained in Exhibit B is exceeded by the
lowest bona fide bid, the COUNTY at its option shall do one of the following:
(1) approve the lowest bona fide bid if additional funds are available (2)
authorize rebidding (3) renegotiate the Tenant Improvement scope of work
(4) at COUNTY'S sole expense, modify the Tenant Improvement
construction documents as necessary to comply with the Tenant Improvement
Budget or (5) reject all bids and terminate this Lease with no further cost or
obligation to COUNTY.
C. LESSOR shall apply for a building permit within (30) days following the
final execution of this Lease and the Tenant Improvements shall be complete,
including final inspections and issuance of a Certificate of Occupancy, by
March 1, 2004. If actual construction has not commenced within sixty (60)
days following the final execution date of this Lease, COUNTY may, upon
written notice to LESSOR, cancel this Lease without cost or obligation to
COUNTY.
In the event LESSOR cannot deliver the Premises on or before March
1!) 2004, as provided hereinabove, rent shall be prorated as of the first
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workday after the Tenant Improvements are completed and accepted by the
COUNTY.
However, if the Tenant Improvements are not completed by April 15,
2004, COUNTY may, at its sole discretion, terminate the Lease by giving
LESSOR written notice, with no cost or obligation on the part of COUNTY.
If COUNTY does not elect to cancel the Tenant Improvement project
as provided for in the preceding paragraph, then upon not less than ten (10)
days prior written notice to LESSOR, COUNTY may proceed to diligently
complete the Tenant Improvements using a general contractor and
subcontractors approved by LESSOR (which approval shall not be
unreasonably withheld) and deduct the cost from the amount to be paid to the
LESSOR.
COUNTY and its general contractor and subcontractors shall not
undertake completion of any part of the Tenant Improvement to the extent the
same pertains to or affects the structural integrity of the Building.
d. Upon LESSOR'S written request and COUNTY'S written approval, which
may be granted or withheld at COUNTY'S sole discretion, the dates in this
paragraph shall be extended by the time lost as a result of work stoppages,
strikes, shortages of material or Act of God; provided such time lost is
entirely beyond LESSOR'S control.
C.4. LESSOR ALLOWANCE AND IMPROVEMENTS: LESSOR shall provide
COUNTY with a tenant improvement allowance ("Allowance") in the amount of THIRTY
FOUR THOUSAND FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($34,550.00), to
be applied toward the Tenant Improvement Budget.
In connection with the Tenant Improvements in Paragraph C.3., LESSOR, at his sole
cost and expense, shall install carpeting throughout the Premises with a type and grade
specified by COUNTY. LESSOR, at his sole cost and expense, shall provide fully
operating air handling units to serve the Premises upon completion of the Tenant
Improvements. This provision may include repair, reconditioning and retrofit of existing
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rooftop heating, ventilating and air conditioning HVAC units as needed for air delivery,
cooling performance, and filtration per code. Alternatively, LESSOR may replace existing
units with appropriately sized new units.
LESSOR shall also install three (3) new HVAC units as specified by COUNTY for
each zone to be served (west perimeter, south perimeter, east perimeter) in the Premises.
Installation of new units and retrofit work shall include all components to comply with all
codes, including filters, economizers, and smoke detection with automatic shutdown where
applicable. LESSOR shall be responsible for the purchase and installation of one of the
additional units. COUNTY shall be responsible for the purchase and installation of the
remaining two addition units.
LESSOR shall complete the work under this Paragraph CA as part of the Tenant
Improvement work outlined in Paragraph C.3. above, and the completion, acceptance and
commencement of rent for the LESSOR Improvements and Tenant Improvements shall be
treated accordingly.
C.5. COMPLETION AND OCCUPANCY: The following procedure shall apply for
completion and acceptance of the Tenant Improvements.
a. Upon LESSOR'S completion of Tenant Improvements and written notice
thereof to the County Lease Manager, or designee, COUNTY shall inspect
within three (3) workdays after receiving the notice and shall accept or reject
the Tenant Improvements within six (6) workdays of receipt of such written
notice.
b. The sole basis for rejection of the Tenant Improvements shall be
nonconformity with plans and specifications or applicable laws or ordinances.
In the event COUNTY rejects the Tenant Improvements, COUNTY shall
provide LESSOR with a reasonably detailed list of the deficient portions or
details of the improvements.
C. LESSOR shall immediately commence to complete or correct the rejected
portion.
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d. In accordance with Paragraph C.3.c. and subparagraphs (a) and (b) 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.
e. It is the intent of both parties that the LESSOR Allowance of$34,550 shall be
applied toward the cost of the Tenant Improvements, and the remaining
amount shall be paid by COUNTY. In accordance with Paragraph C.3.c and
subparagraphs (a), (b) and (c) above, COUNTY shall pay to LESSOR an
amount not to exceed TWO HUNDRED NINE THOUSAND TWO
HUNDRED FIFTY ONE AND NO/100 DOLLARS ($209,251.00) for Tenant
Improvements as specified in Exhibit "B". COUNTY shall reimburse
' LESSOR one hundred percent (100%) of the Building Permit fee expenses
upon COUNTY'S receipt of proof of such expenses. Both parties agree that
all costs associated with the architectural work performed by Roger J. Wilson,
Architect, shall be the sole responsibility of the COUNTY. After Lease
execution, LESSOR may submit to COUNTY a properly documented
monthly progress payment (based on a percent (%) complete basis) request on
form approved by COUNTY for expenses incurred by LESSOR in
completing the Tenant Improvements. LESSOR shall provide lien releases
from all contractors and suppliers, along with the monthly payment request.
Payment shall be due to LESSOR within (10) business days of approval of
request by COUNTY.
C.6. ADDITIONAL PARKING: Under a separate agreement between COUNTY and
LESSOR, LESSOR has agreed to construct twenty (20) additional parking spaces
(Additional Parking) at the upper end of the existing parking lot.
LESSOR shall deliver the Additional Parking no later than the date the COUNTY
accepts the Tenant Improvements described in Paragraph C.3. In the event that the
LESSOR does not deliver the Additional Parking by this date, the monthly rental paid by
- 15 -
the COUNTY shall be reduced by SIX HUNDRED FIFTY AND NO/100 DOLLARS
($650.00) each month prorated on a daily basis for partial months until the date the
LESSOR delivers the Additional Parking. Rent reduction shall not apply if construction of
the Additional Parking is delayed due to poor weather conditions.
C.7. RIGHT OF FIRST REFUSAL TO LEASE: If during the term of this Lease, or
extension thereof, LESSOR offers to lease any of the balance of the office space in the
building of which the Premises are a part, LESSOR agrees to give COUNTY first right of
refusal to lease the space. Upon COUNTY'S refusal of the offer, it may be made to others.
C.B. EXCLUSIVE OPTION TO PURCHASE:
a. Property. The Building in which the Premises are located is one of a two-
building medical complex commonly referred to as 3501 and 3505 Lone Tree
Way, described in Exhibit D, pages I and 2 — Recorded Legal Description,
attached hereto and made a part hereof. At the time of execution of this
Lease, LESSOR was in the process of purchasing property ("Additional
Parking") adjacent to the building parking lot, from the City of Antioch, for
the purpose of providing additional parking as required in Paragraph C.6.
above. This Additional Parking parcel is described in Exhibit "D", page 3 —
Legal Description, Transfer Parcel, City of Antioch to Thalapaneni, attached
hereto and made a part hereof. The two building medical complex parcel
(Exhibit D, pages I and 2), and the Additional Parking parcel (Exhibit D,
page 3), together, are hereinafter referred to as the "Property".
In connection with LESSOR'S acquisition of the Additional Parking
parcel, the lot lines will be adjusted. Upon close of escrow between LESSOR
and the City of Antioch for the Additional Parking parcel, and completion of
the lot line adjustment, LESSOR will execute for recordation, a Memorandum
of Lease substantially in the form shown in Exhibit E, attached hereto and
made a part hereof, using the new description of the Property resulting from
the lot line adjustment. LESSOR and COUNTY shall also amend this lease
- 16 -
to replace the existing Exhibit D with a new Exhibit D, using the new
description of the Property resulting from the lot line adjustment.
b. Exclusive Option to Purchase. LESSOR hereby grants to COUNTY an
exclusive option to purchase the Property (Exhibit D), pursuant to the terms
and conditions herein. It is understood and agreed that COUNTY may assign
this exclusive option to purchase the Property, and all references to
"COUNTY" also refer to COUNTY'S assignee.
i. Purchase Price. Upon exercise of the option granted in this paragraph,
COUNTY may purchase the PrODertv., and LESSOR shall sell the
A
Property to the COUNTY, for the purchase price of FOUR MILLION
EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($411800,000.00).
ii. Term and Exercise of Option. This option may be exercised by the
COUNTY'S giving notice of exercise of the option to LESSOR any
time between July 1, 2007 and June 30, 2008, inclusive. Notice of
exercise of the option shall be in writing and be deemed given upon
personal delivery or deposit with the U.S. Postal Service, in
accordance with Paragraph A.9.
iii. Escrow. If the COUNTY exercises the option, at either party's option,
the sale may be consummated through an escrow at a title company to
be selected by COUNTY ("Title Company"). In such case, LESSOR
hereby authorizes COUNTY to prepare and file escrow instructions
with the Title Company, including authorization of the Title Company
to withhold pro rata taxes, liens and assessments on the Property.
Escrow shall be deemed to be closed and the Property shall be deemed
to be conveyed on the date the deeds to COUNTY or assignee are
recorded ("Closing Date"). All escrow fees, by whatever name known,
and personal property sales taxes where applicable, will be paid solely
- 17 -
by COUNTY. If title insurance is desired by COUNTY, it will be
solely responsible to pay the premium charged therefor.
iv. LESSOR'S Deposit into Escrow. Within thirty (30) days of opening
Escrow, LESSOR shall deliver into Escrow the following documents:
a) A grant deed, in recordable form and properly executed by
LESSOR, in a form approved by COUNTY ("Grant Deed")
conveying to COUNTY, the Property in fee simple absolute.
b) Copies of any effective leases, rental agreements or any other
agreements, if any, which COUNTY and LESSOR have agreed
herein are to remain in effect after COUNTY takes title.
c) Any other document reasonably required by the COUNTY or
assignee or the Title Company.
V. Rent, Taxes. Rent and taxes shall be pro-rated as of close of escrow.
vi. LESSOR'S Representations and Warranties. LESSOR makes the
following representations and warranties with the understanding that
these representations and warranties are material and are being relied
upon by COUNTY. LESSOR represents and warrants to the
COUNTY that as of the effective date of the Lease, LESSOR is the
owner of the Property described on pages 1 and 2 of Exhibit D and has
marketable and insurable title to the Property clear of restrictions,
leases, liens and other encumbrances. No lease for a term in excess of
five years, including any extensions, licenses, or other agreements
allowing any third party rights to use the Property will be in force at
the time that COUNTY exercises the Option, unless consent has been
given by the COUNTY in writing. Commencing with the execution of
this Lease by both parties and until the Close of Escrow, or upon the
expiration of the option period without the COUNTY'S exercise of the
Option, LESSOR shall not permit any liens, encumbrances or
easements to be placed on the Property, nor shall LESSOR enter into
any agreement that would affect the Property that would be binding
upon the COUNTY after the Close of Escrow without the prior written
consent of the COUNTY.
vii. Destruction. If the Property is partially destroyed between the date the
COUNTY exercises the option and close of Escrow, LESSOR shall
restore the Property at LESSOR'S expense. If the Property is
completely destroyed between the date the COUNTY or assignee
exercises the option and Close of Escrow, the COUNTY, at its sole
option, may terminate the purchase without further cost or obligation.
viii. Hold Harmless. In addition to any other remedies that may be
available to the COUNTY as the result of a breach of any of the
foregoing warranties or representations, LESSOR agrees to defend and
hold the COUNTY harmless and reimburse the COUNTY for any and
all loss, cost, liability, expense, damage or other injury, including
without limitation, attorneys fees, incurred by reason of, or in any
manner resulting from the breach of any of the warranties and
representations contained in this Lease and all third party claims
arising out of or related to any acts or circumstances with respect to the
period prior to the Close of Escrow.
ix. Survival. All of the terms, provisions, representations and warranties
of this section shall survive the assignment or termination of this Lease
and shall not merge with the delivery to the COUNTY of the Grant
Deed.
C.9. HAZARDOUS MATERIALS: LESSOR warrants to COUNTY that LESSOR
does not have any knowledge of the presence of hazardous materials or contamination of
the Building or 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
q 19 -
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 or any of 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.
C.10. RECORDING: A Memorandum of Lease, to be executed and recorded by the
parties, pursuant to Paragraph C.B., will be in lieu of recording the entire instrument. Upon
termination of this Lease other than by the COUNTY'S purchasing the Property, COUNTY
shall execute a Quitclaim Deed to LESSOR to clear the Lease from LESSOR'S title.
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October 16, 2003
CONSTRUCTION COST ESTIMATE
TENANT IMPROVEMENTS FOR CHILDREN'S MENTAL HEALTH
3501 LONE TREE WAY, ANTIOCH, CA
Description Quantity Unit Cost Total
General Conditions 1 81500.00 81500.00
Demolition 61858 SF 0.50 SF 31429.00
Metal Studs, Gypsum Board 576 LF 65.00 LF 371440.00
Openings in Structural Shear Walls 4 Units 31000.00 Each 121000.00
Suspended T-Bar Ceiling 51827 SF 2.00 SF 111654.00
Soffit at Waiting 75 SF 45.00 SF 31375.00
Clerestory Windows 25 Units 325.00 Each 81125.00
Plumbing 5 Units 21500.00 Each 12,500.00
Doors, Sidelites, Hardware 39 Units 950.00 Each 371050.00.
Electrical, Data preparation 61585 SF 3.00 SF 191755.00
Ceramic Tile Wainscot 236 SF 14.00 SF 31304.00
Ceramic Tile Floor 127 SF 12.00 SF 11524.00
Painting 61858 SF 1.20 SF 81229.60
HVAC -ductwork and controls 61858 SF 1.50 SF 101287.00
Mini-Blinds at Exterior Windows 61 Units 100.00 Each 61100.00
Alarm Wiring.- Fire and Burglary 63858 SF 1.25 SF 81572.50
Fire Sprinklers 61858 SF 0.75 SF 51143.50
Cabinets at Staff Room and Waiting 20 LF 225.00 LF 41500.00
Contractor's Overhead and Profit 10% 201,488.60 0.10 201148.86
Contingency (10%) 2211637.46 0.10 22,163.75
Construction Total 2431801.00
Minus Lessor's TI Allowance 34,550.00
Net Construction Total 209,251.00
EXHIBIT B - TENANT IMPROVEMENT BUDGET
3501 LONE TREE WAY, ANTIOCH
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EXHIBIT C CONSTRUCTION SCHEDULE
3501 LONE TREE WAY, SUITES 2 & 4, ANTIOCH
Description: 'The land referred to herein Is situated In the State of California, County of pm-A
CONTRA COSTA,, CITY OF ANTIOCH,' and is described as follows:
PARCEL ONE: 00
00
THAT PARCEL OF LAND DESCRIBED IN THE DEED FROM DORTHEA M. JENSEN, ET AL:
-TO LESTER J. BOWER, ET UX, DATED MARCH 10, 1942, RECORDED MARCH 23, 1942,
IN BOOK 665, PAGE 266, OFFICIAL RECORDS, AS FOLLOWS:
."BEING A PORTION OF THE SOUTHEAST,QUARTER OF SECTION 25, TOWNSHIP 2
NORTH, RANGE 1 EAST, MOUNT DIABLO BASE'AND MERIDIAN, DESCRIBED AS
FOLLOWS:
%WAN
•
BEGINNING AT THE SOUTHEAST CORNER OF THE LAND-DESCRIBED IN THE DEED
FROM H. JENSEN TO ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY,,
DATED DECEMBER 19, 1938, RECORDED DECEMBER 23, 108j, IN BOOK 489, PAGE
189,, OFFICIAL RECORDS, CONTRA.COSTA COUNTY, SAID POINT BEING IN THE
EASTERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 25, RUNNING THENCE
ALONG THE SOUTHERLY LINE OF SAID'ROBERTS ISLAND DREDGING AND
IMPROVEMENT COMPANY, NORTH 890 45" WEST, 431,213 FEET TO THE CENTER LINE
OF THAT CERTAIN COUNTY ROAD KNOWN AS LONE TREE WAY; THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE OF SAID ROAD TO SAID EASTERLY LINE
OF THE SOUTHERLY QUARTER OF SECTION 25; THENCE NORTHERLY ALONG THE
..LAST NAMED LINE TO THE POINT OF BEGINNING."
TOGETHER WITH THAT PORTION OF LONE TREE WAY AS VACATED BY THE CITY OF
ANTIOCH, A MUNICIPAL CORPORATION BY RESOLUTION NO, 97/66, A COPY OF
WHICH RECORDED MAY 290 1997, SERIES NUMBER 97-92015 AND AS CONVEYED IN
THAT CERTAIN QUITCLAIM DEED BY THE CITY OF ANTIOCH, A MUNICIPAL
CORPORATION, RECORDED AUGUST 25, 1997, SERIES NUMBER 97-15317e, CONTRA
COSTA COUNTY RECORDS,
EXCEPTING THEREFROM:
THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED RECORDED
JANUARY 21, 19651 IN BOOK 4788, PAGE 422, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM:
THE INTEREST CONVEYED. TO THE CITY OF ANTIOCH, A MUNICIPAL CORPORATION BY
DEED RECORDED DECEMBER 12, 1975 IN BOOK 9066, OFFICIAL RECORDS, PAGE 168,
CONTRA COSTA COUNTY RECORDS.
EXHIBIT D - LEGAL DESCRIPTION
3501 & 3505 LONE TREE WAY, ANTIOCH
1 of 3
w
PARCEL TWO: w
PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 25, T. 2 N. R. 1 E., M,D.B. 00
& IIA.,.CITY OF ANTIOCH, CONTRA COSTA COUNTY, CALIFORNIA, DESCRIBED AS Go
FOLLOWS:
BEGINNING AT THE MOST NORTHWEST CORNER OF THE 2.61 ACRE PARCEL OF LAND
SHOWN UPON RECORD OF SURVEIL FIL9D MAY 3, 1979 IN BOOK 65 OF L.S. MAPS AT
:%PAGE 41; THENCE ALONG THE WEST LINE.OF SAID 2.61 ACRE PARCEL, S. 210 25'
- . :44" E., 24.56 FEET, S. 31'0 11' 22" E., 200.06.FEET AND CONTINUING ALONG SAID
WEST LINE, S. 24° 07' 42" E., 300.18 FEET TO A POINT IN THE EAST LINE_QF LONE
TREE WAY to CITY STREET); THENCE ALONG THE EAST LINE OF LONE TREE WAY, N.
310 53' 27" W., 24.84 FEET, THENCE N. 290 45' d26"1N., 464.82 FEET, THENCE
ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING X RADIUS OF 945.0 FEET,
THROUGH AN ANGLE OF 20 57' 29"; A DISTANCE OF 48.79 FEET, THENCE LEAVING
THE EAST LINE OF LONE TREE WAY S. 890 20' 56" E., 31.66 FEET TO THE POINT OF
BEGINNING,
ASSESSOR'S PARCEL NO.: 071-161-010
Wompir
5
Page 2 of 3
t '
•
s
s '
Legal Description
Transfer Parcel
City of Antioch to Thalapaneni
The Lands of the City of Antioch, recorded October 12, 1988 in Book 14647 at Page
499, Official Records of the County Recorder of Contra Costa County, State of
California. More particularly described as follows.
Beginning at the most Northwest corner of the 2.61 acre parcel of land shown upon
Record of Survey filed May 3, 1979 in Book 65 of L.S. Maps at Page 41; thence on a
prolongation of the north line of said Record of Survey, South 89123'03" West, 31.66
feet to the easterly line of Lone Tree Way, 110.00 feet wide, as shown on said Record
of Survey, said point also lying on a curve concave to the northeast and having a
radius of 945.00 feet, a radial bearing from said point bears North 62020'06" East said
point being the True Point of Beginning; thence along the southerly line of said Lands
of the City of Antioch, North 89147'07" East, 120.00 feet; thence North 33135'17" West,
187.21 feet; thence South 65°23'39" West, 77.58 feet to the Easterly Line of Lone Tree
Way, 110.00 feet wide, said point also lying on a curve concave to the northeast and
having a radius of 945.00 feet, a radial bearing to said point bears South 70°33'01"
West; thence southeasterly 135.50 feet along said curve through a central angle of
8012'55" to the True Point of Beginning.
Containing 14,849.84 square feet (0.34 acres), more or less.
William . Poloske, PLS 6026
N
xp i res 3/31/05
6 C...�.�,,,,
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No. 6 rn
Exp. 3
OF
03005-5.doc(10/02/03)
Page 3 of 3
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
County of Contra Costa
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
Attention: Lease Manager
Memorandum Of Lease
This Memorandum of Lease ("Memorandum'") dated is entered into
between GURU THALAPANENI ("LESSOR"), and COUNTY OF CONTRA COSTA, a
political subdivision of the State of California ("COUNTY").
Recitals
A. On November 4, 2003, LESSOR and COUNTY entered into a Lease (""Lease'"),
pursuant to which LESSOR leased to COUNTY and COUNTY leased from LESSOR real
property consisting of two suites within an office building plus adjacent parking,, commonly
known and designated as 3501 Lone Tree Way,, Suites 2 & 4,, Antioch, California, as shown
on Exhibit A which is attached hereto and made a part hereof.
Bo LESSOR and COUNTY desire to execute this Memorandum to provide constructive
notice of COUNTY'S rights under the Lease to all third parties.
For good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
L Conveyance, Term, Option to Purchase
By this Memorandum and that certain Lease between the LESSOR and COUNTY,
LESSOR leases the Premises commonly known as 3501 Lone Tree Way, Suites 2 & 45
Antioch, California to COUNTY for a term of five years and one month, commencing
December 1, 2003 and ending December 31, 2008. In addition, LESSOR grants to
COUNTY two options to extend: the first option for a term of two (2) years commencing
January 1. 2009 and ending December 31, 2010 and the second option for a term of two (2)
years commencing January 1, 2011 and ending December 31, 2012. LESSOR also grants
to COUNTY or its assignee the exclusive right to purchase,at any time between July 1.
2007 and June 30, 2008, under the terms and conditions set forth in the lease, the real
property described in Exhibit D, attached hereto and made a part hereof.
2. Successors and Assigns
This Memorandum and the Lease shall bind and inure to the benefit of the parties and their
respective heirs, successors, and assigns, subject, however, to the provisions of the Lease on
assignment.
EXHIBIT E
MEMORANDUM OF LEASE
C116
Page 1 of 2
41P
3. Governing Law
C. This Memorandum and the Lease are governed by California law.
Executed as of the date first above written.
COUNTY LESSOR
COUNTY OF CONTRA COSTA, Guru Thalapaneni
a political subdivision of the State of
California By_G�-W`
��'�
By:
Director of General Services
APPROVED AS TO FORM:
SILVANO B. MARCHESI, County Counsel
By:
Deputy
EXHIBIT E
MEMORANDUM OF LEASE
Page 2 of 2
Description: 'The land referred to herein Is situated In the State of California, County of pun*
CONTRA COSTA, CITY OF ANTIOCH, and is described as follows: CO.
PARCEL ONE: 00
00
THAT PARCEL OF LAND DESCRIBED IN THE DEED FROM DORTHEA M. JENSEN,, ET AL,,
.,TO LESTER J. BOWER, ET UX, DATED MARCH 10, 1942, RECORDED MARCH 23, 19421
IN BOOK 665, PAGE 2613, OFFICIAL RECORDS, AS FOLLOWS:
:OBEING A PORTION OF THE SOUTH EAST.QUARTER OF SECTION 25, TOWNSHIP 2
NORTH, RANGE 1 EAST, MOUNT DIABLO BASE'AND MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE LAND-DESCRIBED IN THE DEED
FROM H. JENSEN TO ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY,
DATED DECEMBER 19, 1938, RECORDED DECEMBER 23,, 1538, IN BOOK 489, PAGE
189, OFFICIAL RECORDS, CONTRA.COSTA COUNTY, SAID POINT BEING IN THE
EASTERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 25, RUNNING THENCE
ALONG THE SOUTHERLY LINE OF SAID'ROBERTS ISLAND DREDGING AND
IMPROVEMENT COMPANY, NORTH 890 45" WEST, 481.20 FEET TO THE CENTER LINE
OF THAT CERTAIN COUNTY ROAD KNOWN AS LONE TREE WAY; THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE OF SAID ROAD TO SAID EASTERLY LINE
CSF THE SOUTHERLY QUARTER OF SECTION 25; THENCE NORTHERLY ALONG THE
LAST NAMED LINE TO THE POINT OF BEGINNING."
TOGETHER WITH THAT PORTION OF LONE TREE WAY AS VACATED BY THE CITY OF
ANTIOCH, A MUNICIPAL CORPORATION BY RESOLUTION NO, 97/66, A COPY OF
WHICH RECORDED MAY 29, 1997t SERIES NUMBER 97-92015 AND AS CONVEYED IN
THAT CERTAIN QUITCLAIM DEED BY THE CITY OF ANTIOCH, A MUNICIPAL
CORPORATION, RECORDED AUGUST 25, 1997, SERIES NUMBER 97-15317e, CONTRA
COSTA COUNTY RECORDS,
EXCEPTING THEREFROM:
THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED RECORDED
JANUARY 21., 1965, IN BOOK 4788, PAGE 422, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM:
*0
THE INTEREST CONVEYED. TO THE CITY OF ANTIOCH, A.MUNICIPAL CORPORATION BY
bEED RECORDED DECEMBER 112, 1979 IN BOOK 9056, OFFICIAL RECORDS, PAGE 168,
CONTRA COSTA COUNTY RECORDS.
ti
EXHIBIT D - LEGAL DESCRIPTION
3601 & 3505 LONE TREE WAY' ANTIOCH
1 of 3
PARCEL TWO: ca
J
PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 25, T. 2 N. R. 1 E., M.D.B. 00
& M.,.CITY OF ANTIOCH, CONTRA COSTA COUNTY, CALIFORNIA, DESCRIBED AS Go
FOLLOWS:
BEGINNING AT THE MOST NORTHWEST CORNER OF THE 2.61 ACRE PARCEL OF LAND
SHOWN UPON RECORD OF SURVEY FIL9D MAY 3, 1979 IN BOOK 65 OF L.S. MAPS AT
PAGE 41; THENCE ALONG THE WEST LINE OF SAID 2.61 ACRE PARCEL, S. 21'0 25'
- . :44" E.' 24.56 FEET, S. 310 11' 22" E., 200.06.FEET AND CONTINUING ALONG SAID
WEST LINE, S. 240 07' 42" E., 300.16 FEET TO A POINT IN THE EAST LINE_QF LONE
TREE WAY (A CITY STREET); THENCE ALONG THE EAST LINE OF LONE TRErWAY, N.
310 53' 27" W., 24.84 FEET, THENCE N. 290 45' 26" 1h/., 464.82 FEET, THENCE
ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A.RADIUS OF 945.0 FEET,
THROUGH AN ANGLE OF 20 57' 29"; A DISTANCE OF 48.79 FEET, THENCE LEAVING
THE EAST LINE OF LONE TREE WAY S. 890 20' 56" E., 31.66 FEET TO THE POINT OF
BEGINNING,
ASSESSOR'S PARCEL NO.: 071-161-010
r
END oF mw
Page 2 of 3
t '
w
F
Legal Description
Transfer Parcel
City of Antioch to Thalapaneni
The Lands of the City of Antioch, recorded October 12, 1988 in Book 14647 at Page
499, Official Records of the County Recorder of Contra Costa County, State of
California. More particularly described as follows.
Beginning at the most Northwest corner of the 2.61 acre parcel of land shown upon
Record of Survey filed May 3, 1979 in Book 65 of L.S. Maps at Page 41; thence on a
prolongation of the north line of said Record of Survey, South 89123'03" West, 31.66
feet to the easterly line of Lone Tree Way, 110.00 feet wide, as shown on said Record
of Survey, said point also lying on a curve concave to the northeast and having a
radius of 945.00 feet, a radial bearing from said point bears North 62120'06" East said
point being the True Point of Beginning; thence along the southerly line of said Lands
of the City of Antioch, North 89147'07" East, 120.00 feet; thence North 33135'17" West,
187.21 feet; thence South 65°23'39" West, 77.58 feet to the Easterly Line of Lone Tree
Way, 110.00 feet wide, said point also lying on a curve concave to the northeast and
having a radius of 945.00 feet, a radial bearing to said point bears South 70°33'01"
West; thence southeasterly 135.50 feet along said curve through a central angle of
8112'55" to the True Point of Beginning.
Containing 14,849.84 square feet (0.34 acres), more or less.
William . P o l o s k e, PLS 6026
x fres 3/31/05
0
o v
No. &0 6 rn
Exp. 3
CF GA t1�
03005-5.doc(10/02/03)
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