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Home My WebLink AboutMINUTES - 04191994 - 1.14 (2) 140- TO: BOARD OF SUPERVISORS s Contra FROM: L COSta Barton J. Gilbert, Director of General Services jl County f� c cTy DATE: April 12, 1994 sr� SUBJECT: LEASE - 35TH STREET AT MACDONALD AVENUE, RICHMOND SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECOMMENDED ACTION AUTHORIZE the Director of General Services to EXECUTE, on behalf of the County, a Lease with Faith Tabernacle AOH Church of God for the premises at 35th Street at Macdonald Avenue, Richmond, for continued use by the Social Service Department, under the terms and conditions more particularly set forth in said Lease. II . FINANCIAL IMPACT Payments required are to come from the budget of the Social Service Department. III . REASONS FOR RECOMMENDATIONS/BACKGROUND Provide office space as required by the Social Service Department. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON Q� A Iq 1!R q !t -- - APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE �L UNANIMOUS(ABSENT = ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Barton J. Gilbert (313-7100) Q � 9 199 4 C`Office of the County Administrator ATresreD Administrator - Auditor-Controller Department (via L/M) PHIL BATCHELOR,CLERK OF THE BOARD OF Risk Management (via L/M) SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel (via L/M) Social Service Department (via L/M) Q O Or,g2: (,cqg�neral Services Dept - L/M BY e` a DEPUTY Buildings and Grounds 3431Prkg.BO/CGB k j V LEASE TABLE OF CONTENTS 35TH STREET AT MACDONALD AVENUE RICHMOND, CALIFORNIA SOCIAL SERVICE DEPARTMENT SECTION A: BASIC TERMS AND CONDITIONS PAGE A. 1. PARTIES: . . . . . . . . . . . . . . . 1 A.2. LEASE OF PREMISES: . . . . . . . . . . 1 A. 3 . TERM: . . . . . . . . . . . . . . . . . 1 A. 4 . RENT: . . . . . . . . . . . . . . . . . 1 A. 5 . MAINTENANCE AND REPAIRS: . . . . . . . 1 A. 6. NOTICES: . . . . . . . . . . . . . . . 2 A. 7. EXHIBITS AND ATTACHMENTS: . . . . . . . .2 A. 8 . WRITTEN AGREEMENT: . . . . . . . . . . 3 A.9. TIME IS OF THE ESSENCE . . . . . . . . 3 A. 10. SIGNATURE BLOCKS: . . . . . . . . . . 3 SECTION B: STANDARD PROVISIONS B. l. HOLDING OVER: . . . . . . . . . . . . . 4 B. 2 . USE OF PREMISES: . . . . . . . . . . . 4 B. 3 . HOLD HARMLESS: . . . . . . . . . . . . 4 B. 4 . ALTERATIONS, FIXTURES AND SIGNS: . . . 4 B. 5 . QUIET ENJOYMENT: . . . . . . . . . . 5 B. 6 . DEFAULTS: . . . . . . . . . . . . . . . 5 B. 7 . SURRENDER OF PREMISES: . . . . . . . . 5 B. 8. SUCCESSORS AND ASSIGNS: . . . . . . . . 5 B. 9 . SEVERABILITY: . . . . . . . . . . . . . 5 B. 10. WASTE: . . . . . . . . . . . . . . . . 5 SECTION C: SPECIAL PROVISIONS C. 1. CANCELLATION: . . . . . . . . . . . . 6 EXHIBIT EXHIBIT A: PREMISES V LEASE FOR CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT 35TH STREET AT MACDONALD AVENUE RICHMOND, CALIFORNIA SECTION A: BASIC-TERMS AND CONDITIONS A.I. PARTIES: Effective on APR 12 0 the FAITH TABERNACLE AOH CHURCH OF GOD, 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: the paved parking lot on 35th Street, Richmond, adjoining the parking lot of the building leased by the COUNTY at 3431 Macdonald Avenue, as shown on Exhibit "A" and more particularly described as follows: Lots 11 , 12 and 13 in Block 3 , as shown on the map of Richmond Pullman Home Tract, filed December 20, 1910, in Book 3 of Maps, Page 72, Contra Costa County Records. A.3. TERM: The term of the Lease shall be two ( 2) years, commencing January 1, 1994 and ending December 31, 1995. A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the premises a monthly rental of FIVE HUNDRED TWENTY FIVE AND N0/100 DOLLARS ( $525 . 00) , payable in advance on the tenth day of each month during the term of this Lease. Payments shall be mailed to: 3501 Macdonald Avenue, Richmond, CA 94805. A.5. MAINTENANCE AND REPAIRS: COUNTY shall keep the combined parking lot in good order, condition and repair to the extent provided by routine repair of normal wear and tear, including striping and repair of potholes. Resurfacing and repair of major damage caused -by Acts of God or circumstances over which COUNTY has no control shall be the responsibility of the LESSOR. - 1 - v A.6. 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: Faith Tabernacle AOH Church of God 3501 Macdonald Avenue Richmond, CA 94805 To COUNTY: Contra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.7. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A - Premises are attached to this Lease and are made a part hereof. - 2 - A.8. 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 are for convenience only and shall not be considered in construing the intent of this Lease. A.9. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. A.10. COUNTY LESSOR COUNTY OF CONTRA COSTA, a FAITH TABERNACLE AOH political subdivision of CHURCH OF GOD the State of California By WRJM tM By " /• Director o General Services Bishop W. Ayer Pastor RECOMMEND7 FOR APPROVAL: By N e (Designate 94taciQt By Deputy"Voufitv Administrator By 1 Deputy ec o of General Services By. Lease Manager APPROVED AS TO FORM: VICTOR J. -WFSTMAN, County Counsel y uty CGB 3431Pkg.Lse 3 - v LEASE FOR CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT 35TH STREET AT MACDONALD AVENUE RICHMOND, CALIFORNIA SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER: Any holding over after the term 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. USE OF PREMISES: The premises shall be used during the term r . for a parking lot. B.3. HOLD HARMLESS: COUNTY agrees to indemnify and hold harmless the LESSOR from the COUNTY' s share of any and all claims, costs and liability, including attorney' s fees, for any damage, injury or death of or to any person or the property of any person, arising out of negligent acts, errors or omission of the COUNTY, its officers or employees. COUNTY shall not be liable in the case of any structural failure of lot or for liability which is attributable, in whole or in part, to the negligence or willful misconduct of LESSOR, which results in damage to any person or property. LESSOR agrees to indemnify and hold harmless the COUNTY from the LESSOR' s share of any and all claims, costs and liability, including attorneys fees, for any damages, injury or death of any person or the property of any person, arising out of negligent acts, errors or omissions of the LESSOR, its agents or employees. B.4. ALTERATIONS, FIXTURES, AND SIGNS: COUNTY may make any lawful and proper minor °alterations, erect fixtures and signs 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. 4 - B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the said term peaceably and quietly have, hold, and enjoy the demised premises without suit, trouble or hindrance from or on account of LESSOR as long as COUNTY fully performs hereunder. B.6. DEFAULTS: In the event of COUNTY' s material breach of any of the covenants or conditions herein, 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. In the event of such a breach by LESSOR, COUNTY may terminate the Lease and quit the premises without further cost or obligation or may proceed to repair the premises or correct the problem resulting from the breach and deduct the cost thereof from rental payments due to LESSOR, provided that COUNTY has given LESSOR written notice of the breach and provided that LESSOR has not made a substantial effort to correct said breach. B.7. SURRENDER OF PREMISES: On the last day of the said 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, 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 excepted. B.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. B.9. SEVERABILITY: In the event that any provision herein contained is held to be invalid by any court of competent juris- diction, 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: COUNTY shall not commit, or suffer to be committed, any waste upon the leased premises. 5 - / 4 LEASE FOR CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT 35TH STREET AT MACDONALD AVENUE RICHMOND, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.1. CANCELLATION: In the event COUNTY' s lease for 3431 MacDonald Avenue, Richmond, is terminated for any reason, COUNTY shall have the right to cancel this Lease by giving LESSOR thirty ,( 30) days prior written notice. CGB 3431Pkg.Lse 6 - it i, IA VI T'O 4Y t4� , z". 1. � r• k t � a e k o � a � �,,r,l s r x,3 � ." • Q yrvr Q"+,nQ tJ i