HomeMy WebLinkAboutMINUTES - 05231995 - 1.64 TO: BOARD OF SUPERVISORS -
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MAY 23, 1995
SUBJECT: ORINDA LIBRARY -ASSIGNMENT OF LEASE-OPTION TO PURCHASE
TO THE CITY OF ORINDA AND SUBLEASE FROM THE CITY BY THE
COUNTY - ORINDA AREA
Project No.: 3862-6X5280
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE the Assignment of Lease-Option to Purchase between the Friends of the Orinda
Library, the City of Orinda and the County and AUTHORIZE the Board Chair to execute same on
behalf of the County.
B. APPROVE the Sublease between the County-and the City of Orinda and AUTHORIZE the Board
Chair to execute same on behalf of the County.
C. DIRECT the Real,Property Division to have the above-ref nced documents recorded in the
Office of the County Recorder.
Continued on Attachment:X SIGNATURE: !��� '�- �t-t^
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON tt,� D,�3, 'cfl�_j APPROVED AS RECOMMENDED_OTHER_
VOT OF SUPERVISORS
7
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
- t
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Orig. Div: Public Works(R/P) t hereby certify that this Is a true and correct copy of
Contact: Donna Dawkins(313-2224) an action taken and entered on the minutes of the
cc: County Administrator Board of Supervisors n the date shown.
Auditor-Controller(via R/P) ATTESTED: 7
P.W.Accounting PHIL BATCHELO Clerk of the q&ard
Recorder(via R/P) of supervisors and County Administrator
By �A' (dqs .,.Deputy
P
11. Financial Impact:
In exchange for the transfer of the County's right to purchase the Orinda Library, the City of Orinda has
agreed to pay for many of the on-going expenses of maintaining the facility. It is estimated that, over the
next twenty years, the County will save at least$290,000.00.
III. Reasons for Recommendations and Background:
The Orinda Library is currently owned by the Friends of the Orinda Library and leased to the
County. The County has an option to purchase the library at any time between 1998 and 2008.
The library was financed entirely by funds generated within the community of Orinda, before
Orinda became a city. In 1985, when Orinda incorporated, representatives of the Friends
approached the City Council asking the City to assume the County's responsibility under the
lease. The City Council endorsed the concept in principle, but deferred consideration to a later
date. The Orinda City Manager recently approached the County and negotiations commenced.
The agreements recommended for approval are the result of these negotiations.
IV. Consequences of Negative Action:
If the County does not approve these agreements, it will continue to have on-going maintenance
responsibilities for the Orinda Library facility. This will cost the county approximately $290,000.00
over the next twenty years.
SUBLEASE
' 2 Irwin Way, Orinda, California
Orinda Library
1. Parties. Effective on , the City of Orinda, "City", and'
the County of Contra Costa, a political subdivision of the State of California, "County",
mutually agree and promise as follows:
2. Purpose. Friends of The Orinda Library is the owner in fee and lessor and
City is the lessee of real property including a library building located at 2 Irwin Way,
Orinda, California. County operates the branch library at 2 Irwin Way, Orinda, California
for the use and benefit of the residents of the City as well as neighboring areas. It is the
purpose and intent of this Sublease to formally set forth the various rights, duties,
obligations and responsibilities of each party with regard to the use and maintenance of
the Orinda Library, including the division of responsibilities.
3. Premises. City and County, in consideration of the mutual promises of the
parties, agree to use as a public library the Orinda Library building located at 2 Irwin Way,
Orinda, California and further described in Exhibit "A".
4. Term. The term of the Sublease shall be 50 years, commencing July 1,
1995, and ending June 30, 2045.
5. Consideration. The terms and conditions of this Sublease and the provision
of a public library service to the residents of the community comprise the consideration for
it. No rent shall be due or payable during the term of this Sublease.
6. Holding Over. Any holding over after the term of this Sublease shall be
construed to be tenancy from month to month, subject to the terms of this Sublease.
7. Cancellation. Either party may cancel this Sublease by giving the other
party 360 days prior written notice.
8. Use of Premises. The premises shall be used by County during the term
exclusively for purposes of conducting a public library service subject only to such rules,
regulations and conditions as are generally applied by County throughout the County of
Contra Costa through the County's library service.
9. Maintenance and Repair.
a. City shall, at its expense, keep the roof and exterior of the building in
good order, condition and repair, and shall maintain the structural integrity of the
building, including exterior painting, replacement of windows when damaged by
other than County employees, agents or contractors, and maintain rain gutters, and
downspouts.
b. City shall maintain, at its expense, parking lot surfaces, sidewalks and
walkways on the property of the Library.
1
c. City shall, at its expense, provide for the replacement of permanent
fixtures, including air conditioner and furnace, when such items are no longer
serviceable.
d. County shall, at its expense, be responsible for necessary repairs of all
mechanical units, including air conditioning, heating, plumbing, and electrical
services as deemed necessary by County, in its sole discretion. County shall at its
expense regularly service the heating and air conditioning systems within the
building.
e. County shall, at its expense, paint the interior of the building when
deemed necessary by County, in its sole discretion, maintain and repair light
fixtures, service portable fire extinguishers and maintain all lock and key systems
used in the premises.
f. Damage caused by negligence of County personnel shall be repaired at
County expense.
g. Subject to the provisions of Section 11 hereof, County shall, at its
expense, provide for custodial services, including window washing (inside and out),
shampooing of carpets, waxing, polishing, and maintaining of all floors, replacement
of light bulbs, and any other routine maintenance normal to the safe and efficient
operations of the facility. All disposable supplies, such as toilet paper, paper
towels, and light bulbs used by the Library, shall be supplied by County at its
expense.
h. Subject to the provisions of Section 11 hereof, County shall, at its
expense, provide for grounds and landscape maintenance and sprinkler systems
maintenance.
i. City shall, at its expense, in its sole discretion, provide for replacement of
carpet and draperies.
j. The City has no obligation to maintain furniture and fixtures installed by
the County as part of the library services function, including book and periodical
stacks, desks, reading tables, chairs, display cases, etc.
In the event that the County discontinues library services to the City of
Orinda, the County, in its sole discretion, shall have the right, but not the obligation,
to transfer title to the fumiture and fixtures used in the Library to the City for a value
to be determined by agreement between the City and the County at the time of such
transfer.
10. Utilities. County shall pay for all gas, electric, water, sewer, and refuse
collection services provided to the premises.
11. Service by City. County may request, in writing, and City may agree to
provide either the custodial or the landscaping services referenced in Sections 9.g. and
2
9.h. hbreof, or both. City shall consult with County prior to selecting a contractor to•provide
the'janitorial and landscaping.service and shall not employ any contractor to whom the
County objects in writing. Alternatively, following such request, City shall have the right
to provide such service utilizing City employees. The scope, term and cost of the janitorial
and landscape services must be approved by the County in writing prior to the
commencement of such services, whether said services are provided by City employees
or by an outside contractor.
County shall pay to City 100 percent of the costs of these services requested and
approved by County in writing pursuant to this section.
12. 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 County prior to the termination of this
Agreement Any alterations, signs or fixtures shall be at County's sole cost and expense,
and all signs shall meet with existing City requirements.
13. Hold Harmless. County agrees to indemnify and hold harmless City and
Friends Of The Orinda Library, their officers and employees from the County's share of all
liability, losses, costs or expenses, including attorney's fees arising out of the negligent
acts, errors and omissions of County, its officers, agents, employees or contractors. City
agrees to indemnify and hold harmless County and Friends Of The Orinda Library, their
respective officers and employees, from the City's share of all liability, losses, costs or
expenses arising out of the negligent acts, errors or omissions of the City, its officers,
employees, agents or contractors.
14. Insurance.
a. County is self-insured and shall maintain coverage under its self-
insurance program for public liability and property damage.
b. County shall maintain adequate fire and extended coverage for the
contents of the building including books, furniture and equipment.
15. Assignment. County shall not have the right to assign this Sublease at any
time during the term of this Sublease without the prior written consent of City.
16. Destruction.
a. In the event of a partial destruction of a building or another portion of the
premises for which the City has responsibility for repair, if the repair can be made
within 60 days from the date of the damage under the applicable laws and
regulations of governmental authorities, and if the cost of repair is included in the
insurance coverage and does not exceed the limits of the coverage, the City shall
repair the damage promptly and within a reasonable time. In the event of repair,
the partial destruction shall not void this agreement.
b. If the cost of repair is not included in the insurance coverage or exceeds
3
' the limits of the insurance coverage, the City may decline to repair. If,the City
declines to repair, this Sublease may be terminated at the option of either party.
c. If repairs cannot be made in 60 days, City may, at its option, make the
same within a reasonable time. In this event City does not elect to make the
repairs, or such repairs cannot be made under existing laws and regulations, this
Sublease may be terminated at the option of either party.
d. A total destruction of the premises or the building in which the premises
are located shall terminate this Sublease.
17. Quiet Enjoyment. City covenants that County shall at all times during the term
of the lease, peaceably and quietly have, hold, and enjoy the premises for use as a library
without suit, trouble or hinderance from or on account of City as long as County fully
performs hereunder.
18. Defaults. In the event of County's material breach of any of the covenants or
conditions herein, City may re-enter and repossess the premises after giving County
written notice of default and in accordance with due process of law. In the event of a
breach by City, County may terminate the Agreement and quit the premises without further
cost or obligation or may proceed to repair the building or correct the problem resulting
form the breach and City shall immediately reimburse County for the cost of said repair or
correction, provided that County has given City written notice of the breach and provided
City has not made a substantial effort to correct the breach.
19. Surrender of Premises. On the last day of the term, or sooner termination of
this Sublease, County will peaceably and quietly leave and surrender to City these
premises.
20. Inspection. The City reserves the right to have its employees, agents, or
contractors enter the premises at any time upon reasonable advance notice or consultation
with the branch librarian . This right shall be exercised in a manner designed to minimize
the disruption of library activities.
21. Written Agreement. Neither party has relied on any promise or representation
not contained in this Sublease. All previous conversations, negotiations and
understandings are of no further force or effect. This Sublease may be modified only by
writing signed by both parties. The headings of the paragraphs are for convenience only
and are not a part of this Sublease; nor shall they be considered in construing the intent
of this Sublease.
22. Lease-Option Contingency. The Sublease is contingent upon the execution
and subject to all of the terms and conditions of the July 1, 1995, Lease Agreement-Option
to Purchase between the City and the Friends of the Library. It shall terminate
concurrently with termination of said Lease Agreement-Option to Purchase between the
City and the Friends Of The Orinda Library.
4
23. Successors and Assiqns. The terms and provisions of this Sublease shall
extend to and be binding upon and inure to the benefit of the successors, and assigns of
the respective parties hereto.
24. Time is of the Essence of each and all of the terms and provisions of this
Sublease.
COUNTY OF CONTRA COSTA, CITY OF ORINDA,
a municipal corporation
a political subdivision
of the State of California
By By IJ,144
Cha"(, Board of Sup rvisors Mayor `
ATTEST: CONSENTED TO AND APPROVED BY
Phil Batchelor, FRIENDS OF THE ORINDA LIBRARY
Clerk of the Board of Supervisors
and County Administrator B
By
Deputy
Recommended to the County
Board of Supervisors for Approval:
By
Princi eal Pro rty Agent
Public
Wo irector
Approved as to Form:
Victor J. Westman, County Co nsel
B
epu y
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gArealpropVempUbrary.Sub
October 4, 1994
5
Orinda Library
Exhibit "A"
PARCEL ONE:
Portion of Lot 1, as designated on the map entitled "Map of the Rancho El Sobrante,
accompanying and forming a part of the final report of the Referees in Partition of said Rancho",
which map was filed in the Office of the Recorder of the County of Contra Costa, State of
California, on March 14, 1910, described as follows:
Beginning on the northeast line of Orinda Way at the most,southerly corner of the parcel of land
described as Parcel Two in the deed from East Bay Municipal Utility District to the Orinda
Community Church, Inc., recorded August 20, 1948, in Volume 1275 of Official Records, at page
578;thence from said point of beginning along the southerly line of said Parcel Two as follows:
North 460 04'east, 37 feet; northeasterly along the arc of a curve to the left with a radius of 98.71
feet, an arc distance of 88.8 feet to a point from which the center of said curve bears south 840 31'
30" west and easterly along the arc of a reverse curve to the right with a radius of 107 feet, the.
center of which bears north 840 3 P 30" east, an arc distance of 264.33 feet to the northwest line
of the parcel of land described as Parcel Three in said deed to the Orinda Community Church
(1275 OR 5780);thence south 460 04'west along said northwest line and along the extension
south 460 04'west thereof, 30 feet;thence south 430 56'east, 150.77 feet to the northwest line of
the 2.48 acre parcel of land described in the deed from East Bay Municipal Utility District to
Orinda Union School District, recorded September 15, 1938, in Volume 472 of Official Records,
at page 100;thence south 46°04'west along said northwest line, 275.08 feet to the northeast line
of said Orinda Way; thence north 430 56'west along said northeast line to the point of beginning;
being the same property described as Parcel One in that certain lease made by The Orinda
Association, to the Orinda Library Board, dated March 24, 1958, and recorded March 28, 1958,
in Volume 3141 of Official Records, at page 78.
PARCELS TWO AND THREE:
Those certain easements in connection with the land described hereinabove, described as Parcels
Two and Three, respectively, in the aforementioned lease, dated March 24, 1958, and recorded
March 28, 1958, in Volume 3141 of Official Records, at page 78.
gAdedcallexhibitAOrdaLib,Ex
When Recorded Return to:
City Clerk
City of Orinda
26 Orinda Way
Orinda, CA 94563
ASSIGNMENT OF LEASE AGREEMENT - OPTION TO PURCHASE
COUNTY ORINDA BRANCH LIBRARY
This assignment of lease and option to purchase is made on ,
between Friends of The Orinda Library, formerly called Orinda Library Board, Inc.
("Lessor") and Contra Costa County ("Assignor") and City of Orinda ("Assignee"), who
agree as follows:
1. Recitals. This assignment of lease and option to purchase is made with
reference to the following facts and objectives:
a. Lessor and Assignor, as tenant, entered in to a written lease dated July
30, 1968 ("the lease"), in which Lessor leased to Assignor and Assignor leased
from Lessor premises located in the City of Orinda, County of Contra Costa,
California, [commonly known as 2 Irwin Way, described in Exhibit"A", attached to
this assignment of lease and made a part of it] ("premises").
b. Assignor desires to assign all its right, title, and interest in the lease and
option to purchase to Assignee.
c. Assignee represents to Assignor that Assignee intends to enter into a new
Lease-Option to Purchase for the premises which will supersede the 1968 lease.
d. As material consideration and inducement for the Assignor to enter into
this Agreement, Assignee agrees that Assignor will continue to occupy and use the
premises for a branch library pursuant to the sublease attached hereto as Exhibit
"B". Paragraph 21 of the Sublease provides that the Sublease may be modified
upon the written agreement of both parties.
e. Lessor consents to the proposed assignment on the conditions set forth
in this assignment.
2. Effective Date of Assignment. The assignment takes effect on July 1,
1995.
3. Assignment. Assumption and Execution of New Lease and Sublease.
Assignor assigns and transfers to Assignee all its right, title, and interest in the lease, and
Assignee accepts the assignment and assumes and agrees to perform, from the date the
assignment becomes effective, as a direct obligation to Lessor, all of the provisions of the
lease and option to purchase.
Assignee intends to enter into a new Lease-Option to Purchase with Lessor.
Assignee intends that Assignor continue to possess and operate the Library both before
and after the new Lease - Option to Purchase is executed. Simultaneously with the
assignment of this Lease and/or upon the execution of the new Lease - Option to
Purchase, Assignee and Assignor shall enter into a Sublease in the form attached as
Exhibit "B"for the use and operation of the Library.
4. Lessor's Consent. Lessor consents to the assignment without waiver of the
restriction concerning further assignment.
5. Assignor's Liability. Assignor shall not be liable for the performance of any
lease obligation arising after the effective date of this assignment.
6. Assignee to Hold Assignor Harmless. Assignee agrees to defend, indemnify,
save, protect and hold harmless Assignor, its officers and employees, from and against
any and all loss, damage, liability, expense, claims and demands, of whatever character,
to persons or property, direct or consequential, directly or indirectly caused or contributed
to by Assignee's acts, omissions or default arising under the 1968 Lease and occurring
after the effective date of this Assignment of Lease. If requested by Assignor, Assignee
will defend any such suits at the sole cost and expense of Assignee.
7. Notice. Any notice, demand, request, consent, approval; or communication that
either party desires or is required to give to the other party or any other person shall be
in writing and either served personally or sent by prepaid, first-class mail. Any notice,
demand, request, consent, approval, or communication that either party desires or is
required to give to the other party shall be addressed to the other party at the following
address;
Friends of the Orinda Library
P.O. Box 152
Orinda, CA 94563
City of Orinda
26 Orinda Way
Orinda, CA 94563
Board of Supervisors
County Administrator Building
651 Pine Street
Martinez, CA 94553
Either party may change its address by notifying the other party of the change of address.
8. Successors. This Assignment shall be binding on and inure to the benefit of
the parties and their successors.
FRIENDS OF THE ORINDA LIBRARY COUNTY OF CONTRA COSTA
a California public-benefit corporation a political subdivision of
the State of California,
P� C
esiF;f dent (Lessor) Chai man,Board of Supervisors
(County-Lessee and Assignor)
CITY OF ORINDA
ATTEST:
City M nager ( ignee) Phil Batchel0r,Clerk of the
ti Board of Supervisors and County
Administrator
ayor
4CityCl
By:
Deputy
APPROVED as to Form:
k Victor J.Westman
C Counsel
B '
Deputy
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g:\realprop\temp\Orinda.Agr
October 5, 1994
SUBLEASE
2 Irwin Way, Orinda, California
Orinda Library
1. Parties. Effective on , the City of Orinda, "City", and
the County of Contra Costa, a political subdivision of the State of California, "County",
mutually agree and promise as follows:
2. Purpose. Friends of The Orinda Library is the owner in fee and lessor and
City is the lessee of real property including a library building located at 2 Irwin Way,
Orinda, California. County operates the branch library at 2 Irwin Way, Orinda, California
for the use and benefit of the residents of the City as well as neighboring areas. It is the
purpose and intent of this Sublease to formally set forth the various rights, duties,
obligations and responsibilities of each party with regard to the use and maintenance of
the Orinda Library, including the division of responsibilities.
3. Premises. City and County, in consideration of the mutual promises of the
parties, agree to use as a public library the Orinda Library building located at 2 Irwin Way,
Orinda, California and further described in Exhibit"A".
4. Term. The term of the Sublease shall be 50 years, commencing July 1,
1995, and ending June 30, 2045.
5. Consideration. The terms and conditions of this Sublease and the provision
of a public library service to the residents of the community comprise the consideration for
it. No rent shall be due or payable during the term of this Sublease.
6. Holding Over. Any holding over after the term of this Sublease shall be
construed to be tenancy from month to month, subject to the terms of this Sublease.
7. Cancellation. Either party may cancel this Sublease by giving the other
party 360 days prior written notice.
8. Use of Premises. The premises shall be used by County during the term
exclusively for purposes of conducting a public library service subject only to such rules,
regulations and conditions as are generally applied by County throughout the County of
Contra Costa through the County's library service.
9. Maintenance and Repair.
a. City shall, at its expense, keep the roof and exterior of the building in
good order, condition and repair, and shall maintain the structural integrity of the
building, including exterior painting, replacement of windows when damaged by
other than County employees, agents or contractors, and maintain rain gutters, and
downspouts.
b. City shall maintain, at its expense, parking lot surfaces, sidewalks and
walkways on the property of the Library.
EXHIBIT "B"
1
c. City shall, at its expense, provide for the replacement of permanent
fixtures, including air conditioner and furnace, when such items are no longer
serviceable.
d. County shall, at its expense, be responsible for necessary repairs of all
mechanical units, including air conditioning, heating, plumbing, and electrical
services as deemed necessary by County, in its sole discretion. County shall at its
expense regularly service the heating and air conditioning systems within the
building.
e. County shall, at its expense, paint the interior of the building when
deemed necessary by County, in its sole discretion, maintain and repair light
fixtures, service portable fire extinguishers and maintain all lock and key systems
used in the premises.
L Damage caused by negligence of County personnel shall be repaired at
County expense.
g. Subject to the provisions of Section 11 hereof, County shall, at its
expense, provide for custodial services, including window washing (inside and out),
shampooing of carpets, waxing, polishing, and maintaining of all floors, replacement
of light bulbs, and any other routine maintenance normal to the safe and efficient
operations of the facility. All disposable supplies, such as toilet paper, paper
towels, and light bulbs used by the Library, shall be supplied by County at its
expense.
h. Subject to the provisions of Section 11 hereof, County shall, at its
expense, provide for grounds and landscape maintenance and sprinkler systems
maintenance.
i. City shall, at its expense, in its sole discretion, provide for replacement of
carpet and draperies.
j. The City has no obligation to maintain furniture and fixtures installed by
the County as part of the library services function, including book and periodical
stacks, desks, reading tables, chairs, display cases, etc.
In the event that the County discontinues library services to the City of
Orinda, the County, in its sole discretion, shall have the right, but not the obligation,
to transfer title to the furniture and fixtures used in the Library to the City for a value
to be determined by agreement between the City and the County at the time of such
transfer.
10. Utilities. County shall pay for all gas, electric, water, sewer, and refuse
collection services provided to the premises.
11. Service by City. County may request, in writing, and City may agree to
provide either the custodial or the landscaping services referenced in Sections 9.g. and
2
9.h. hereof, or both. City shall consult with County prior to selecting a contractor to provide
the janitorial and landscaping service and shall not employ any contractor to whom the
County objects in writing. Alternatively, following such request, City shall have the right
to provide such service utilizing City employees. The scope, term and cost of the janitorial
and landscape services must be approved by the County in writing prior to the
commencement of such services, whether said services are provided by City employees
or by an outside contractor.
County shall pay to City 100 percent of the costs of these services requested and
approved by County in writing pursuant to this section.
12. 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 County prior to the termination of this
Agreement. Any alterations, signs or fixtures shall be at County's sole cost and expense,
and all signs shall meet with existing City requirements.
13. Hold Harmless. County agrees to indemnify and hold harmless City and
Friends Of The Orinda Library, their officers and employees from the County's share of all
liability, losses, costs or expenses, including attorney's fees arising out of the negligent
acts, errors and omissions of County, its officers, agents, employees or contractors. City
agrees to indemnify and hold harmless County and Friends Of The Orinda Library, their
respective officers and employees, from the City's share of all liability, losses, costs or
expenses arising out of the negligent acts, errors or omissions of the City, its officers,
employees, agents or contractors.
14. Insurance.
a. County is self-insured and shall maintain coverage under its self-
insurance program for public liability and property damage.
b. County shall maintain adequate fire and extended coverage for the
contents of the building including books, furniture and equipment.
15. Assignment. County shall not have the right to assign this Sublease at any
time during the term of this Sublease without the prior written consent of City.
16. Destruction.
a. In the event of a partial destruction of a building or another portion of the
premises for which the City has responsibility for repair, if the repair can be made
within 60 days from the date of the damage under the applicable laws and
regulations of governmental authorities, and if the cost of repair is included in the
insurance coverage and does not exceed the limits of the coverage, the City shall
repair the damage promptly and within a reasonable time. In the event of repair,
the partial destruction shall not void this agreement.
b. If the cost of repair is not included in the insurance coverage or exceeds
3
the limits of the insurance coverage, the City may decline to repair. If the City
declines to repair, this Sublease may be terminated at the option of either party.
c. If repairs cannot be made in 60 days, City may, at its option, make the
same within a reasonable time. In this event City does not elect to make the
repairs, or such repairs cannot be made under existing laws and regulations, this
Sublease may be terminated at the option of either party.
d. A total destruction of the premises or the building in which the premises
are located shall terminate this Sublease.
17. Quiet Enioyment City covenants that County shall at all times during the term
of the lease, peaceably and quietly have, hold, and enjoy the premises for use as a library
without suit, trouble or hinderance from or on account of City as long as County fully
performs hereunder.
18. Defaults. In the event of County's material breach of any of the covenants or
conditions herein, City may re-enter and repossess the premises after giving County
written notice of default and in accordance with due process of law. In the event of a
breach by City, County may terminate the Agreement and quit the premises without further
cost or obligation or may proceed to repair the building or correct the problem resulting
form the breach and City shall immediately reimburse County for the cost of said repair or
correction, provided that County has given City written notice of the breach and provided
City has not made a substantial effort to correct the breach.
19. Surrender of Premises. On the last day of the term, or sooner termination of
this Sublease, County will peaceably and quietly leave and surrender to City these
premises.
20. Inspection. The City reserves the right to have its employees, agents, or
contractors enter the premises at any time upon reasonable advance notice or consultation
with the branch librarian . This right shall be exercised in a manner designed to minimize
the disruption of library activities.
21. Written Agreement Neither party has relied on any promise or representation
not contained in this Sublease. All previous conversations, negotiations and
understandings are of no further force or effect. This Sublease may be modified only by
writing signed by both parties. The headings of the paragraphs are for convenience only
and are not a part of this Sublease; nor shall they be considered in construing the intent
of this Sublease.
22. Lease-Option Contingency. The Sublease is contingent upon the execution
and subject to all of the terms and conditions of the July 1, 1995, Lease Agreement-Option
to Purchase between the City and the Friends of the Library. It shall terminate
concurrently with termination of said Lease Agreement-Option to'Purchase between the
City and the Friends Of The Orinda Library.
4
23. Successors and Assigns. The terms and provisions of this Sublepse shall
extend to and be binding upon and inure to the benefit of the successors, and assigns of
the respective parties hereto.
24. Time is of the Essence of each and all of the terms and provisions of this
Sublease.
COUNTY OF CONTRA COSTA, CITY OF ORINDA,
a municipal corporation
a political subdivision
of the State of California
c
By By ti
Chair, Board of Supervisors Mayor
ATTEST: CONSENTED TO AND APPROVED BY
Phil Batchelor, FRIENDS OF THE ORINDA LIBRARY
Clerk of the Board of Supervisors
and County Administrator
By n Q
By
Deputy
Recommended to the County
Board of Supervisors for Approval:
By
Principal Real Property Agent
By
Public Works Director
Approved as to Form:
Victor J. Westman, County Counsel
By
Deputy
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g:ire a f p ro plte m p\Li b ra ry.S u b
October 4, 1994
5
• Orinda Library
Exhibit "A"
PARCEL ONE:
Portion of Lot 1, as designated on the map entitled "Map of the Rancho El Sobrante,
accompanying and forming a part of the final report of the Referees in Partition of said Rancho",
which map was filed in the Office of the Recorder of the County of Contra Costa, State of
California, on March 14, 1910, described as follows:
Beginning on the northeast line of Orinda Way at the most southerly corner of the parcel of land
described as Parcel Two in the deed from East Bay Municipal Utility District to the Orinda
Community Church, Inc., recorded August 20, 1948, in Volume 1275 of Official Records, at page
578;thence from said point of beginning along the southerly line of said Parcel Two as follows:
North 460 04' east, 37 feet; northeasterly along the arc of a curve to the left with a radius of 98.71
feet, an arc distance of 88.8 feet to a point from which the center of said curve bears south 840 31'
30" west and easterly along the arc of a reverse curve to the right with a radius of 107 feet, the
center of which bears north 84°3 P 30" east, an arc distance of 264.33 feet to the northwest line
of the parcel of land described as Parcel Three in said deed to the Orinda Community Church
(1275 OR 5780);thence south 460 04'west along said northwest line and along the extension
south 460 04'west thereof, 30 feet; thence south 430 56'east, 150.77 feet to the northwest line of
the 2.48 acre parcel of land described in the deed from East Bay Municipal Utility District to
Orinda Union School District, recorded September 15, 1938, in Volume 472 of Official Records,
at page 100;thence south 460 04'west along said northwest line, 275.08 feet to the northeast line
of said Orinda Way; thence north 43°56'west along said northeast line to the point of beginning;
being the same property described as Parcel One in that certain lease made by The Orinda
Association, to the Orinda Library Board, dated March 24, 1958, and recorded March 28, 1958,
in Volume 3141 of Official Records, at page 78.
PARCELS TWO AND THREE:
Those certain easements in connection with the land described hereinabove, described as Parcels
Two and Three, respectively, in the aforementioned lease, dated March 24, 1958, and recorded
March 28, 1958, in Volume 3141 of Official Records, at page 78.
gAcIaicaPcxhibits\OrdaLib.Ex