HomeMy WebLinkAboutMINUTES - 04191994 - 1.142 i iLa
TO: BOARD OF SUPERVISORS SE L
Contra
FROM: Barton J. Gilbert, Director of General Services _ Costa
County
DATE: April 19, 1994
SUBJECT: EXTENSION TO THE OPTION TO LEASE - 1034 OAK GROVE ROAD, CONCORD,
CALIFORNIA
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION
APPROVE an Extension to the Option to Lease, commencing
March 16, 1994, with Century Health Care Corporation for the
premises at 1034 Oak Grove Road, Concord, California, as
requested by the Health Services Department, under the terms
and conditions more particularly set forth in said Option to
Lease dated September 15, 1993, and AUTHORIZE the Director of
General Services to EXECUTE said Extension to the Option to
Lease on behalf of the County.
II. FINANCIAL IMPACT
Payments required are to come from the budget of the Health
Services Department.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
To allow the County continued access for testing and
evaluation of the facility as requested by the Health Services
Department.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON l�l.�A q � 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)
CC: Clerk of the Board ATTESTED
County Administrator (via L/M) PHIL BAT HELOR,CLERKOFTHEBOARDOF
County Auditor-Controller (via L/M) SUPERVISORS AND COUNTY ADMINISTRATOR
Lessor (via L/M)
Health Services Department (via L/M) /n1 )
Risk Management (via L/M), BY �.O.�YQ-d-,,J DEPUTY
M382 (10/88)
Orig: General Services Dept.- L/M LKE:dp oakgrove.bdr
AMENDMENT TO THE OPTION TO LEASE
1034 OAR GROVE ROAD
CONCORD, CALIFORNIA
FOR
HEALTH SERVICES DEPARTMENT
1. PARTIES: Effective on April 18, 1994 , CENTURY HEALTH CARE
CORPORATION, hereinafter called "OPTIONOR, " and the COUNTY
OF CONTRA COSTA, a political subdivision of the State of
California, hereinafter called "COUNTY, " mutually agree and
promise as follows :
2. PURPOSE: The parties desire to amend the Option to Lease
entered into between COUNTY and OPTIONOR dated September 15,
1993 for the premises commonly known as 1034 Oak Grove Road,
Concord, California, and further described in Exhibit "A"
attached hereto and made a part hereof.
3. AMENDMENT:
A. Commencing March 16, 1994, Subparagraphs A. OPTION: ,
B. EXERCISE THE OPTION: , and C. CONSIDERATION: of Paragraph
4 . TERMS, shall be deleted in their entirety and replaced
by the following:
4. TERMS: The terms of the Option to Lease are as follows :
A. OPTION: For and in consideration of the Option to
Lease payments, OPTIONOR grants to COUNTY and COUNTY
accepts from OPTIONOR an Option to Lease the
premises under the terms and conditions set forth in
the proposed Lease attached hereto as Appendix "1" -
LEASE. The term of the Option to Lease shall be ten
( 10) months commencing September 15, 993 and ending
July 15, 1994 .
B. EXERCISE THE OPTION: COUNTY shall have the right
to exercise its option to Lease by giving OPTIONOR
written notice of its intent to exercise the Option
on or before July 15, 1994 . COUNTY shall include
six (6) unexecuted copies of the LEASE (Appendix 1)
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with the notice. The commencement date of the LEASE
shall be July 16, 1994 . The appropriate dates for
the balance of Paragraph A. 3. and A.5 . of the LEASE
shall be inserted.
OPTIONOR shall execute five ( 5) copies of the
LEASE and return them to COUNTY as soon as
reasonably possible. COUNTY shall thereafter
approve and deliver a fully, executed copy of the
Lease to OPTIONOR. Rental shall accrue from the
commencement date of the Lease, but shall not be
payable until the Lease is fully executed.
C. CONSIDERATION: The COUNTY has previously paid to
OPTIONOR as consideration for this Option the sum of
$24 ,000 . 00 . As additional consideration for
extending the Option term for four (4 ) months, from
March 16, 1994 through July 15, 1994 , COUNTY shall
pay to OPTIONOR a one-time lump sum payment of
SIXTEEN THOUSAND AND NO/100 DOLLARS ($16,000.00) 1
payable as of the date of the execution of this
Amendment to the Option to Lease. The payment shall
be mailed to: Century Health Care Corporation, 7615
E. 63rd Place South, Suite 200, Tulsa, Oklahoma
74133-1247 .
4. EFFECT: Except for the Amendment agreed to herein, the
Option to Lease dated September 15, 1994 remains in full force
and effect.
-2-
In witness WHEREOF, the parties have executed the Amendment to
the Option to Lease as of the day and year written hereinabove. .
5: SIGNATURES:
COUNTY OPTIONOR
COUNTY OF CONTRA COSTA, a CENTURY HEALTH CARE
political subdivision of the CORPORATION
State of California
By WAMAi— By
Director of General Services
By
RECOMMENDED FOR APPROVAL:
By
_ /;- ax��
Deputy tounfy Administrator
By :26A-Aae);j Z,,
Deputy Ge ral Ser i es Director
By
eas anager
APPROVED AS TO FORM:
CTO TMAN, Co ty Counsel
ty
LIKE:dp
oakgrove.ext
-3-
a
The land referred to in this Report is situated . in the State of California,
County of Contra Costa, City of Concord, and is described as follows:
PARCEL ONE:
Portion of Lot 9, Map of Williams Walnut Division, filed June 24, 1910, Map Book
3, Page 57, Contra Costa County Records, described as follows:
Beginning in the centerline of the County Road known as Oak Grove Road, formerly
Ignacio Valley Road, at the northwest line of the parcel of land described in
the Deed to Ira F. Eckert, et ux, recorded January 14, 1955, Book 2457, Official
Records, Page 599; thence from said point of beginning South 350 11' 10" East
(South 36° 25' East (2457 OR 599)) , 181.85 feet to the southeast line of said
Eckert Parcel ; thence North 51° 47' 11" East (North 500 30' East (188 D 600)) ,
along said southeast line, being also the southeast line of the parcel of land
described in the Deed to M.D. Mc Sherry, recorded July 13, 1912, in Book 188 of
Deeds , at Page 600, Contra Costa County Records, 230.06 feet, said point being
the most southerly corner of Parcel A of Subdivision 4866, filed on March 11 ,
1977 , in Book 193 of Maps, at Page 37; thence continuing along the southeast
line of said Parcel A North 510 47' 11" East (North 510 47' 59" East (193 Maps
37)) , 120.37 feet to the northeasterly line of said Parcel A; thence along said
line North 35° 12' 49" West (North J5° 12' 01" West (193 Maps 37)) , 87.00 feet;
thence continuing along said line North 110 02' 47" East (North 11° 03' 35" East
(193 Maps 37) ) , 38.76 feet to the northwesterly line of said Parcel A; thence
along said northwesterly line South 47° 00' 32" West (South 470 00' 29" West
(193 Maps 37)) ,1.43 feet; thence North 350 11 ' 10" West, 1.41 feet to the most
easterly corner of the parcel of land described in the Deed to Bob R. Wilcox and
Marilyn M. Wilcox, his wife, recorded October 2, 1973, in Book 7060, at Page
457 , Official Records; thence continuing North 350 11' 10" West (North 360 25'
West (7060 OR 457) ) , along the northeasterly line of said Deed (7060 OR 457) ,
100.00 feet to the northwest line of the above described lands of Eckert (2457
OR 599) ; thence along said northwest line of Eckert South 410 00' 32" West
(South 450 47' 30" West (2457 OR 599)) , 380.00 feet to the point of beginning.
PARCEL TWO:
An easement granted in the Deed to Bob R. Wilcox, et al , recorded April 1 , 1977 ,
Book 6266, Page 517, Official Records, for Storm Drainage over the northwesterly
10 feet of Lot 6 as shown on the Map of Subdivision 4866, filed March 11 , 1977 ,
in Map Book 193, Page 37, Contra Costa County Records.
(Being APN 129-190-012, 043 & 044)
EXHIBIT "A" PREMISES