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Home My WebLink AboutMINUTES - 01152008 - C.36 TO: . BOARD OF SUPERVISORS _';. CONTRA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES COSTA DATE: JANUARY 15, 2008 ---- `�~ COUNTY Sra SUBJECT: LEASE RENEWAL FOR THE PREMISES AT 11780 SAN PABLO AVENUE, SUITE D, EL CERRITO FOR THE DISTRICT 1 SUPERVISOR (T00574) (CP #07-73) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE a Lease renewal with MG Garden View Apartments L. P., Rancho Pointe Apartments L. P., and Malibu Terrace Apartments, L. P., for a four-year period commencing January 1, 2008, and ending December 31, 2011 , for approximately 2,674 square feet of office space located at 11780 San Pablo Avenue, Suite D, EI Cerrito, at a monthly rent of $4,917, for continued occupancy by the District 1 Supervisor, 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. DETERMINE that the project is a Class 1, Section 15301 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 Approval of the Lease will obligate the County to pay a total rent of approximately $243,300 over the four-year term of the Lease. The renewal of this Lease was anticipated and Lease costs for FY 2007/08 of $59,000 are budgeted in the District 1 Supervisor's approved FY 2007/08 budget. Future Lease costs will be budgeted accordingly. BACKGROUND The District 1 Supervisor has occupied this office since November 1999. This Lease will provide for the continued use of this office space through December 31, 2011 CONTINUED ON ATTACHMENT: YES SIGNATUR / ! RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _L�PPROVE OTHER SIGNATURE(S): ACTION OF BOA O 1 11f ') APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: MICHAEL J.LANGO(313-7100) Originating Dept.: General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS ISA TRUE Real Estate Services Division AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISO THE DATE SHOWN. Auditor-Controller(via RES) / 'S" Risk Management(via RES) ATTESTED J Supervisor, District 1 (via RES) JOHN CULLEN,CLFAK OF THE BOARD OF SUPERVISORS MG Garden View Apartments, L.P.,et al(via RES) D CODQ_W.STRATOR BY l DEPUTY I:\LeaseMgt\Board Orders\2008-01-15\11780SanPablobdo.doc SBV:tb Page 1 of 1 M382(10/88) LEASE TABLE OF CONTENTS 11780 SAN PABLO AVENUE, SUITE D EL CERRITO, CALIFORNIA CONTRA COSTA COUNTY CONTRA COSTA COUNTY SUPERVISOR, DISTRICT I SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES....................................................................................................... 1 A.2. LEASE OF PREMISES ................................................................................ 1 A.3. TERM............................................................................................................ 1 A.4. RENT ............................................................................................................ 1 A.5. EXTENSION ................................................................................................ 2 A.6 USE OF PREMISES..................................................................................... 3 A.7. UTILITIES.................................................................................................... 3 A.8. MAINTENANCE AND REPAIRS .............................................................. 3 A.9. NOTICES...................................................................................................... 4 A.10. EXHIBITS AND ATTACHMENTS ............................................................ 4 A.11. WRITTEN AGREEMENT........................................................................... 4 A.12. TIME IS OF THE ESSENCE....................................................................... 6 A.13. SIGNATURE BLOCK.................................................................................. 6 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER......................................................................................... 8 B.2. HOLD HARMLESS ..................................................................................... 8 B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................... 8 B.4. DESTRUCTION........................................................................................... 9 B.5. QUIET ENJOYMENT.................................................................................. 9 B.6. DEFAULTS .................................................................................................. 9 B.7. SURRENDER'OF PREMISES................................................................... 11 B.8. SUCCESSORS AND ASSIGNS ................................................................ 11 B.9. SEVERABILITY........................................................................................ 11 B.10. WASTE, NUISANCE................................................................................. 11 B.11. INSPECTION ............................................................................................. 11 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE ............................................................... 13 C.2. INSURANCE.............................................................................................. 13 C.3. SERVICES BY LESSOR ........................................................................... 13 C.4. HAZARDOUS MATERIALS .................................................................... 14 C.5. ESTOPPEL CERTIFICATES..................................................................... 14 C.6. SUBORDINATION; ATTORNMENT; NON-DISTURBANCE.............. 15 C.7. ADDITIONAL CONSIDERATION .......................................................... 17 C.8. TERMINATION OF PRESENT LEASE................................................... 17 EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: JANITORIAL SPECIFICATIONS DRA:SBV \\GSD-APP\Users$\svanhorn\DATA\Worddocs\I 1780 San PabloU 1780Lse4a.doc 12/27/2007 1:55:00 PM LEASE FOR CONTRA COSTA COUNTY SUPERVISOR, DISTRICT 1 11780 SAN PABLO AVENUE, SUITE D EL CERRITO, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on JAN 1 5 2008 , MG Garden View Apartments L. P., a California limited partnership, Rancho Pointe Apartments L. P., a California limited partnership, and Malibu Terrance Apartments L. P., a California limited partnership, all tenants-in-common and together 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 ("Premises") described as follows: approximately 2,674 rentable square feet of office space commonly known and designated as 11780 San Pablo Avenue, Suite D, El Cerrito, California, and more particularly described in Exhibit "A," outlined in red, attached hereto and made a part hereof, together with non-exclusive use of the common areas and the parking lot. A.3. TERM: The term of this Lease shall be four (4) years, commencing January 1, 2008 and ending December 31, 2011. A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a monthly rental as follows: 1. FOUR THOUSAND NINE HUNDRED SEVENTEEN AND NO/100 DOLLARS ($4,917.00) per month commencing January 1, 2008 and ending December 31, 2008. 2. FIVE THOUSAND SIXTEEN AND NO/100 DOLLARS ($5,016.00) per month commencing January 1, 2009 and ending December 31, 2009. 1 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\I 1780 San Pablo\11780Lse4a.doc 12/27/2007 1:55:00 PM 3. FIVE THOUSAND ONE HUNDRED NINETEEN AND NO/100 DOLLARS ($5,119.00) per month commencing January 1, 2010 and ending December 31, 2010. 4. FIVE THOUSAND TWO HUNDRED TWENTY-FOUR AND NO/100 DOLLARS ($5,224.00) per month conunencing January 1, 2011 and ending December 31, 2011. The monthly rent shall be payable in advance on the tenth day of each month during the term of this lease. Payments shall be mailed to: MG Properties, dba Del Norte Place, 11720 San Pablo Avenue, Suite D, El Cerrito, CA 94530. A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon the same terms and conditions, for an additional four (4) year term, except the rental shall be adjusted as follows: 1. FIVE THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS AND NO/100 DOLLARS ($5,333.00) per month commencing January 1, 2012 and ending December 31, 2012. 2. FIVE THOUSAND FOUR HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($5,445.00) per month commencing January 1, 2013 and ending December 31, 2013. 3. FIVE THOUSAND FIVE HUNDRED SIXTY AND NO/100 DOLLARS ($5,560.00) per month commencing January 1, 2014 and ending December 31, 2014. 4. FIVE THOUSAND SIX HUNDRED SEVENTY-NINE AND NO/100 DOLLARS ($5,679.00) per month commencing January 1, 2015 and ending December 31, 2015. It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior written notice of its intention to exercise the option to extend this Lease. However, in the event COUNTY does not give such written notice, its right to exercise any option before 2 DRA:SBV \\GSD-APP\Users$\svanhorn\DATA\Worddocs\I 1780 San Pablo\11780Lse4a.doe 12/27/2007 1:55:00 PM termination of the Lease 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 PREMISES: The Premises shall be used during the term or extension thereof for purposes of conducting various office functions of COUNTY. A.7. UTILITIES: COUNTY shall pay for all gas, electric, water, 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 building, including the exterior doors and their fixtures, closers and hinges, glass and glazing. COUNTY shall maintain all locks and key systems used 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. LESSOR shall repair and maintain the electrical, lighting, water, and plumbing systems in the Premises in good order, condition, and repair, and COUNTY shall reimburse LESSOR for the cost of said minor repairs and maintenance. LESSOR shall be responsible for major repair and replacement of said systems. d. LESSOR shall maintain and repair the heating, ventilating, and air- conditioning systems. COUNTY shall reimburse LESSOR for the cost of a quarterly maintenance and filter change contract for said system. 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 3 DRA:SBV \\GSD-APP\Users$lsvanhom\DATA\Worddocs\11780 San Pablo\I 1780Lse4a.doc 12/27/2007 1:55:00 PM COUNTY. COUNTY shall thereafter maintain, repair, and replace the extinguishers. g. COUNTY shall not suffer any waste on or to the Premises. h. LESSOR shall be responsible for the correction of any code violations which may exist in the Premises, provided LESSOR shall not be liable for correction of code violations which arise out of and are directly related to a change in COUNTY'S occupancy or use of the Premises. A.9. NOTICES: All notices given hereunder shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time: To LESSOR: MG Properties, Inc. 10505 Sorrento Valley Road, Suite 300 San Diego, CA 92121 Attn: Patricia Gray, Senior VP of Asset Management To COUNTY: Contra Costa County General Services Department Real Estate Services Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.10. EXHIBITS AND ATTACHMENTS: Section B - Standard Provisions, Section C - Special Provisions, Exhibit A — Premises, and Exhibit B — Janitorial Specifications are attached to this Lease and are made a part hereof. A.11. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease may be modified only by a writing signed by both parties. The headings of the paragraphs and pages are for convenience only and are not a part of this Lease, nor shall they be considered in construing the intent of this Lease. This Lease will not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Both parties 4 DRA:SBV \\GSD-APP\Users$\svanhorn\DATA\Worddocs\l 1780 San Pablo\l 1780Lse4a.doc 12/27/2007 1:55:00 PM 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. (Remainder of Page Intentionally Left Blank) 5 DRA:SBV \\GSD-APP\Users$\svanhorn\DATA\Worddocs\I 1780 San Pablo\11780Lse4a.doc 12/27/2007 1:55:00 PM A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.13. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, a Political subdivision of the State of California See signature page on page 7 By " Mich J. Lango Director of General Services RECOMMENDED FOR APPROVAL: MICHAEL J. LANGO, Director of General Services r y Dick R. Awenius Real Estate Manager APPROVED AS TO FORM: SILVANO B. MARCHESI, County Counsel By Lillian T. Fujii Deputy 0 6 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\I 1780 San Pablo\l 1780Lse4a.doc 12/27/2007 1:55:00 PM LESSOR MG GARDEN VIEW APARTMENTS L.P., a California limited partnership By: GLEIBERMAN INVESTMENTS, INC., a California corporation Its General Partner By: Marlc Glei man, President By: PACIFIC HOUSING, INC., a California nonprofit public benefit corporation, Managing G eral Partner By: Its: MALIBU TERRANCE APARTMENTS L.P., a California limited partnership By: GLEIBERMAN INVESTMENTS, INC., a California corporation Its General Partner By: Mark Gleiberma , President By: PACIFIC HOUSING, INC., a California nonprofit public benefit corporation, Managing G eral Partner By: Its: RANCHO POINTE APARTMENTS L.P., a California limited partnership By: GLEIBERMAN INVESTMENTS, INC., a California limited partnership Its General Partner By: 1 k� Mark Gle- erman, President By: PACIFIC HOUSING, INC., A California nonprofit public benefit corporation, Managing neral Partner By: Its: 14 �E&eLlvxl/e DRA:SBV 7 \\GSD-APP\Users$\svanhom\DATA\Worddocs\11780 San PabloA 1780Lse4a.doc 12/27/2007 1:55:00 PM LEASE FOR CONTRA COSTA COUNTY SUPERVISOR, DISTRICT 1 11780 SAN PABLO AVENUE, SUITE D EL CERRITO, CALIFORNIA SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER: Any holding over after the term or extension of this Lease as provided hereinabove shall be construed to be a tenancy from month to month, subject to the terms of this Lease so far as applicable. B.2. HOLD HARMLESS: COUNTY agrees to defend, indemnify, and hold harmless the LESSOR from the COUNTY'S share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person arising out of negligent or intentional acts, errors or omissions of the COUNTY, its officers, agents or employees. COUNTY shall not be liable in the case of any structural, mechanical or other failure of equipment and/or building owned and maintained by the LESSOR, or for other liability which is attributable, in whole or in part, to the negligence, willful misconduct, or other intentional act, error or omission of LESSOR, which results in damage to any person or property. LESSOR agrees to defend, indemnify and hold harmless the COUNTY from the LESSOR'S share of any and all claims, costs and liability for any damages, injury or death of any person or the property of any person arising out of the negligent or intentional acts, errors or omissions of the LESSOR, its officers, agents or employees. B.3. ALTERATIONS, FIXTURES, AND SIGNS: COUNTY may make any lawful and proper minor alterations, attach fixtures and signs (including a monument sign in the common area) in or upon the Premises, which shall remain COUNTY property and may be removed therefrom by COUNTY prior to the termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY'S sole cost and expense, and all signs shall meet with existing code requirements and LESSOR'S approval. 8 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\I 1780 San Pablo\l 17801-se4a.doc 12/27/2007 1:55:00 PM BA. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Lease or extension thereof from any cause, and repairs can be made within sixty (60) days from the date of the damage under the applicable laws and regulations of governmental authorities, LESSOR shall repair the damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that COUNTY shall be entitled to a proportionate reduction of rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the Premises are unusable by COUNTY. b. If such repairs cannot be made in sixty (60) days, LESSOR may, at its option, make the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. In the event LESSOR does not so elect to make such repairs (which cannot be made in sixty (60) days), or such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C. A total destruction of the Premises or the Building in which the Premises are located shall terminate this Lease. B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the term or extension thereof peaceably and quietly have, hold, and enjoy the Premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of Default under this Agreement: a. Event of Default by COUNTY 1. COUNTY'S failure to pay any Rent 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 circumstances 9 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\11780 San Pablo\l 1780Lse4a.doc 12/27/2007 1:55:00 PM beyond the reasonable control of COUNTY, which 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 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 perforin 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 immediately address the situation and shall use diligent efforts to correct the perilous condition. 10 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\11780 San Pablo\l 1780Lse4a.doc 12/27/2007 1:55:00 PM 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. SURRENDER OF PREMISES: On the last day of the term, or sooner termination of this Lease, COUNTY will peaceably and quietly leave and surrender to LESSOR these Premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, excepting for reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances over which COUNTY has no control. COUNTY shall not be liable for painting the interior of the Premises upon termination of this Lease. B.8. SUCCESSORS AND ASSIGNS: The terns 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. 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 complex in which the Premises are located. COUNTY shall conform its use and occupancy of the Premises to the standards and modes of use applicable to a first-class office building. B.11. INSPECTION: The LESSOR reserves the right to enter the Premises by prior appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, and to employ the proper representative or contractor in order to see 11 DRA:SB V \\GSD-APP\Users$\svanhorn\DATA\Worddocs\11780 San Pablo\117801se4a.doc 12/27/2007 1:55:00 PM that the property is being reasonably cared for, that no waste is being made, and that all things are done in the manner best calculated for the preservation of the property, and in full compliance with the terms and conditions of this Lease. (Remainder of Page Intentionally Left Blank) 12 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\11780 San Pablo\11780Lse4a.doc 12/27/2007 1:55:00 PM LEASE FOR CONTRA COSTA COUNTY SUPERVISOR, DISTRICT 1 11780 SAN PABLO AVENUE, SUITE D EL CERRITO, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.I. 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 tern of this Lease or extension thereof subject to LESSOR'S written approval, which shall not be unreasonably withheld. C.2. INSURANCE: Throughout the term of this Lease and any extension thereof, COUNTY, at its sole cost and expense, shall maintain in full force and effect, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use. COUNTY shall provide LESSOR a letter of self- insurance indicating the aforementioned provisions are in effect and naming LESSOR as additional insured. The COUNTY'S self insurance coverage does not extend to those areas to be maintained by the LESSOR under this Lease nor to negligence, willful misconduct or other intentional act, error or omission of LESSOR, its officers, agents, or employees. COUNTY shall provide insurance on its own improvements, betterments, contents, and personal property contained within or on the Premises under a standard all-risk policy. LESSOR shall have no interest in the insurance proceeds upon COUNTY'S Improvements, equipment and fixtures not attached to the Premises, and will sign all documents necessary or proper in connection with the settlement of any claim or loss by COUNTY. C.3. SERVICES BY LESSOR: It is understood and agreed LESSOR shall provide janitorial services as shown on Exhibit "B" attached hereto and made a part hereof and certain maintenance, construction, remodeling or like services beyond those which are the 13 DRA:SBV \\GSD-APP\Users$\svanhorn\DATA\Worddocs\11780 San PabloA 1780Lse4a.doc 12/27/2007 1:55:00 PM LESSOR'S responsibilities as specified in Section A.8. Maintenance and Repairs 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. 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 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.5. ESTOPPEL CERTIFICATES: Within ten (10) days after written request from LESSOR, COUNTY'S Director of General Services, or designee, shall execute and 14 DPA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\11780 San Pablo\l 1780Lse4a.doc 12/27/2007 1:55:00 PM deliver to LESSOR, or LESSOR'S designee, a written statement certifying: (a) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (b) the amount of rent and the date to which rent and additional rent have been paid in advance; and (c) that LESSOR is not in default hereunder or, if LESSOR is claimed to be in default, stating the nature of any claimed default. C.6. SUBORDINATION; ATTORNMENT; NON-DISTURBANCE: A. Subordination. This Lease and any Option granted hereby shall be subject and subordinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, "Security Device"), now or hereafter placed upon the Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. COUNTY agrees that the holders of any such Security Devices (in this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the obligations of LESSOR under this Lease. Any Lender may elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device by giving written notice thereof to COUNTY, whereupon this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof. B. Attornment. In the event that LESSOR transfers title to the Premises, or the Premises are acquired by another upon the foreclosure or termination of a Security Device to which this Lease is subordinated (i) COUNTY shall, subject to the non-disturbance provisions of Paragraph C, attorn to such new owner, and upon request, enter into a new lease, containing the identical terms and provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new lease between COUNTY and such 15 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\I 1780 San Pablo\l1780Lse4a.doc 12/27/2007 1:55:00 PM new owner, and (ii) LESSOR shall thereafter be relieved of any further obligation hereunder and such new owner shall assume all of LESSOR'S obligations, except that such new owner shall not: (a) be liable for any act or omission of any prior lessor or with respect to events occurring prior to the acquisition of ownership; (b) be subject to any offsets or defenses which COUNTY might have against any prior lessor, (c) be bound by prepayment or more than one month's rent, or (d) be liable for the return of any security deposit paid to any prior lessor which was not paid or credited to such new owner. C. Non-Disturbance. With respect to Security Devices entered into by LESSOR after the execution of this Lease, COUNTY'S subordination of this Lease shall be subject to receiving a commercially reasonable non- disturbance agreement (a "Non-Disturbance Agreement") from the Lender which Non-Disturbance Agreement provides that COUNTY'S possession of the Premises, and this Lease, including any options to extend the tern hereof, will not be disturbed so long as COUNTY is not in Breach hereof and attorns to the record owner of the Premises. Further, within sixty (60) days after the execution of this Lease, LESSOR shall, if requested by COUNTY, use its commercially reasonable efforts to obtain a Non- Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises. In the event that LESSOR is unable to provide the Non-Disturbance Agreement within said sixty (60) days, then COUNTY may, at COUNTY'S option, directly contact Lender and attempt to negotiate for the execution and delivery of a Non-Disturbance Agreement. D. Self-Executing. The agreements contained in this Section shall be effective without the execution of any further documents; provided, however, that upon written request from LESSOR or a Lender in 16 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\11780 San Pablo\l 1780Lse4a.doc 12/27/2007 1:55:00 PM connection with a sale, financing, or refinancing of the Premises, COUNTY shall consider executing such further writings as may be reasonably required to separately document any subordination, attornment and/or Non- Disturbance Agreement provided for herein. C.7. ADDITIONAL CONSIDERATION: As additional consideration for this Lease, LESSOR will provide new interior paint at no cost to COUNTY. The color choice for paint will be at COUNTY'S discretion. C.8. TERMINATION OF PRESENT LEASE: It is understood and agreed that COUNTY now leases the Premises under the terms of a lease dated March 2, 1999. Upon commencement of this Lease, said lease shall terminate. (Remainder of Page Intentionally Left Blank) 17 DRA:SBV \\GSD-APP\Users$\svanhom\DATA\Worddocs\11780 San Pablo\11780Lse4a.doc 12/27/2007 1:55:00 PM ►t� ._ �I �u N LU o ; i Ill 7;k T— get cf ll a J tn r3Lu Mi I I I I cc Ir- cy- I O — U o o _ N LU cz: � > _ a O — i M LL. Vo - -- - V LU J i W LKN -o w v c 0LU 6 A O t o u - n Z I O w 1n CLcj d m N • �R'tZI LT 00 C V]Pill I EXHIBIT "A" - i2 n>\I�nd '1`►bN� e� EXHIBIT B CONTRA COSTA COUNTY GENERAL CLEANING SPECIFICATIONS The scope of work is as follows: A. Entire Office Suite 1 . Nightly a) Carpeted Areas: Thoroughly vacuum and spot clean carpets and floor mats to remove spots and spills. b) Uncarpeted Areas: Thoroughly sweep (being sure to pick up all dust balls) and spot mop with a germicidal solution to remove all marks, spills and stains. c) Walls, Doors, and Frames: Spot clean to remove all finger marks and smudges. Thoroughly clean all glass entryway doors. d) Light Bulb Replacement: Check for burned out light bulbs and replace (less than 15 feet high). Contractor to notify GSD- Custodial Services at 925/646-5900 of supply needs. e) Trash Can and Liners: Empty all trashcans and replace liners as necessary. f) Counter Tops: Wash reception and kitchen counter tops, where applicable. g) Waste Materials: Break down cardboard and place at Recycle Pickup Point. Deposit other waste materials in outside trash dumpster. h) Gum Removal: Remove all gum from under tables and chairs where applicable. 2. Semi-Weekly (2x) a) Uncarpeted Areas: Remove area rugs/mats, sweep and damp mop to remove all loose dirt and grit. Thereafter buff all vinyl, the and linoleum floors to a uniformly bright condition as required. 3. Weekly a) Carpeted Areas & Carpet Mats: Thoroughly vacuum and edge carpeted floors using pile lifter to remove all embedded dirt and grit. b) Chairs & Tables: Thoroughly wipe down all chairs and tables with a mild germicidal solution, leaving the same in a streak-free condition (pay particular attention to the children's reading areas in all library locations). 4. Monthly a) Dusting: Dust all mini-blinds, partitions, windowsills, and other horizontal surfaces. Remove all cobwebs from walls and ceilings including ventilation grills 15 feet and lower. b) Wipe all telephones with treated dust cloth. 5. Bi-Monthly (Every 2 months) a) Area Rugs and Carpets: Thoroughly vacuum, edge, and "Bonnet Buff' all carpeted areas and area rugs. 6. Yearly a) Uncarpeted Areas: Completely strip down all vinyl, tile, and linoleum floors to the bare floor surface, totally free of any wax, sealer or other finish. After stripping, apply 3 coats of finish. At - I - the next service date, or 'after 24 hours, buff the floors to a uniformly bright condition. Walls, baseboards, furniture and adjoining carpeted areas shall be free of wax, water, and other marks. b) Carpeted Area and Area Rugs/Mats: Thoroughly vacuum, hot water extract all carpeted floors including stairways and area rugs to remove any spots, stains or other spills, and leave same in a uniformly clean condition. (Fridays only for Community Services and "Others"; Saturday for Library to allow for drying.) c) Windows: Wash windows inside and out and wipe windowsills. d) Window Blinds: Remove, wash and rehang window blinds as required. e) Light Fixtures and Diffusers: Wash and clean all light fixtures and diffusers, 15 feet and lower. B. Restrooms 1 . Nightly a) Uncarpeted Areas: Sweep clean and remove all debris from floors. Wet mop using a germicidal detergent paying particular attention to corners and areas around the toilet and under urinals. b) Metal Fixtures: Wash and polish all mirrors, powder shelves, bright work (including exposed piping below wash basins and behind toilet fixtures), towel dispensers, receptacles, metal partitions, and any other metal accessories. Contractor shall use only non-abrasive, non-acidic materials to avoid damage to metal fixtures. c) Ceramic Fixtures: Wash and disinfect all basins, including faucet handles, bowls, and urinals and tile walls around the urinals with a germicidal detergent solution. Wash both sides of all toilet seats with a non-abrasive cloth/sponge and a germicidal solution and wipe dry. Special care must be taken to inspect and clean areas of difficult access, such as underside of toilet bowl rings and urinals to prevent building up of calcium and iron oxide deposits. d) Dispensers: Fully restock all dispensers nightly, excluding the sanitary napkin machine. e) Trash Cans and Liners: Empty trashcans and sanitary napkin disposal containers and replace liners. f) Dusting: Dust the edges of all partitions, ledges, and mirror tops. 2. Bi-Weekly a) Restroom Floors: Sweep, damp mop, and thereafter buff all hard surfaces, except ceramic surfaces, leaving the floor in a streak free and uniform condition. 3. Monthly a) Drains: Pour water down floor drains to prevent gaseous odor. 4. Every 4 Months a) Chemical Enzyme Solution: Pour a chemical enzyme solution (specified by County) down all floor drains. - 2 - 6EAL � p OSTA COUNTY k;A,Generale $$`bepartment Michael J. Lango •I "!; Director ri LE u1,CES RECEIVED p; <—;;,• �.-5 ,_ �;�1Terry Mann Deputy Director •• - ,.��`� L 0 1. 2008 Dick R.Awenius Manager sr'4 COU131"� CLERK BOARD OF SUPERVISORS TRANSMITTAL CONTRA COSTA CO. DATE: January 30, 2008 TO: Clerk of the Board J FROM: Steven B. Van Horn, Senior Real Property Agent SUBJECT: 11780 San Pablo Avenue, Suite D, El Cerrito (T00574) We are sending you(x) attached ( ) under separate cover via the following items: Item Copies Dated Description 1 1 1/15/08 Lease renewal COMMENTS: To Whom It May Concern: Attached is a copy of the lease renewal for 11780 San Pablo Avenue, Suite D, El Cerrito for your records. Please call me at extension 3-7260 if you have questions. Thank you. 1220 Morello Avenue, Suite 100 • Martinez, CA 94553 (925) 313-7250 Phone • (925) 313-7299 Fax