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HomeMy WebLinkAboutMINUTES - 06151999 - C148 BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Contr f o DATE.: Juice 15, 1999 Coun i SUBJECT: LEASE WITH EAST 18u" ST. CENTER PARTNERSHIP FOR PREMISES AT 201 E. 18th ST., ANTIOCH (OP #99-35) SPECiF!C REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RE_CQMM.EN12ATION S APPROVE a lease, commencing July 1, 1999, with East 18th St. Center Partnership for the oremises at 291 E. 18t" St., Antioch, for occupancy by the Social Service Department, Under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Agreement on behalf of the County; and DETERMINE that the project is a California Environmental Quality Act (OEOA) Mass 1 ;a) Categorical Exemption and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services to arrange for the payment of the handling fee to the County Aeric for filing of the Notice of Exemption. IIs `I�i SIAL � Occupancy costs budgeted within the Social Service Department Ill. REA50NS FOR RE OMMENDAIMN I BAC r2RCOUND The Social Service Department requires interim additional space for relocation of staff currently located at the East County District Office, 4545 Delta Fair Blvd, Antioch. This space will be required until the second office building is constructed at the [delta Fair site. CEOA Cuss 1(a) Categorical Exemption finding based on minor interior alternations-relocation of counter, minor electrical work to accommodate occupancy by Social Service Department. ACHMENT:_ZYES S1GNATURm: ECOMMENDAT20N OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE 07HER SIGNATURE S;: ACTION OF BOARD ON APPROVED AS RECOMMENDED�X OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAINS: MEDIA CONTACT; BARTON J.GILBERT(313-7100) CC: County Admin!strator(vIa UM) I HEREBY CERTIFY THAT`"HIS 1S A TRUE AND CORRECT COPY OF AN ACTECNi TAKEN County AuditorContro€ler(via L'M) AND ENTERED ON THE MINUTES OF THE BOARD kessor(vla 9J°i�) OF SUPERVISORS ON!THE DATE SHWN. Social Service(via LSM) County Counsel(via UM) ATTESTED z� Rise Management(via UM) PHIL BATCHELOR,CLK K OF THE BOARD OF Odg:General Services Department-L1M SUPERVISORS AND COUNTY ADMINISTRATOR B DEPU-1Y 1:\LeaseMgt\CAROL\Easteighteenthstt 3oardOrde:.doe GENERAL SERVICES DEPARTMENT LEASE MANAGEMENT DIVISION x 1220 Morello Avenue, Suite 100 � Martinez, California 94553-471111 { Extension 3-7250 �. FAX 3-7299 ' DATE. May 27, 1999 ,° TO: Phil Batchelor, County Administrator FROM: Barton J. Gilbert, Director of general Services SUBJECT: Luse Authorization-201 E. 1P St., Antioch for Social Service Dept, 6c f A neva lease has been negotiated as follows; OCCUPANT: SOCIAL SERVICE DEPARTMENT RENT: 9,200.00 per month 7/1/99-6/30/01.; $9,385.00 per month 7/1/01-5/30/02. TERM: Commencing July 1,1999 and ending .Rune 30, 2002. OPTION: Two one year extensions. $ 9,385.00 per month 7/1/02-5/30/03 9,570.00 per month 7/1/03-6/30/04 PREVIOUS RENT: N/A SQUARE FEET: 9,678 sq.ft. SPACE TYPE: general office LESSOR RESPONSIBILITY: TAC, plumbing and electrical over $750.00 per occurrence, roof, structural integrity, parking lot, landscaping, exterior maintenance. COUNTYRESPONSIBILITY: Lochs & key systems, plumbing and electrical up to $750.00 per occurrence. ADDRESS: 201 E. 18" St., Antioch AGENDA ND TTE ; APPROVE a Lease with. East 18' St. Center Partnership, Inc., commencing July 1, 1999, for the premises at 201 E. 18'h St., Antioch, under the terin.s and conditions more particularly set forth in said Sublease and. AUTHORIZE the Director of general Services to EXECUTE said Lease on behalf of the County. G:\ueageMgt\CAROL\easteighteenxlhatagendaitem.doc 60 DAY NOTICE: 60 Day Notice sent to City of Antioch April 20, 1999 and waived by City on April 2 , 1999. cc: Kathy Brawn Alan Pfeiffer Ferry Mangy G:\LeaseYgt\CAROL\easteighteenthatagendaitent.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT IN I ot1ce of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925N 313-7250 1 Contact Person: Carol Chan Project Description, Common Name (if any) and Location: CP# 99-35 7 LJust copy from your initial study as the wording has to be the same. Include location.] This proiect is exempt from CA as a: [check which ever one applies" Ministerial Project(Sec, 15268) 17 Other Statutory Exemption, Section 'Sec. Declared Emergency 15269(a)) General Rule of Applicability L--j k L--j y 'Section 15061(b)(3)) 71 Emergency Project(Sec. 162 9(b)or(c)) Categorical Exemption, Class I a Section 15301 for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Operation, repair, maintenance, or minor alteration of existing public or private structure, facilities, mechanical equipment.. or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (a) Interior or exterior alterations involving such things as interior partitions, plumbing and electrical conveyances, Alteration consists of relocation of interior counter, minor electrical work. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County General Services Department Attention: Carol Chan 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 County Clerk Fee $25 Due G:"LeaseMgt\CAROL\eastel!ghteenthnoflceofaxempUon.doc Contra General Services Department Costa County Initial Study OF ENVIRONMENTAL SIGNIFICANCE S �E3� - Genera;Services Department 1220 Morello Avenue,Suite 100 Project Name: 201 E. 18tht, �3CI �II,� 374) Martmez,California 94553-4711 Telephone: (925)3?3-7250 Prepared by Carel Chan, General Services Dept, Date May 25, 1999 Reviewed by Date RUMMENDAT1ONS: Catego.-Ical Exemption (Class 1a) Negative Declaration Environment Impact Report Required r Conditional Neg. Declaration � The Project May Have A Significant Effect On The Environment � The recommendation is based on the following (List all items identified as significant): Operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, ;mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including,but not limited to: (a) Interior or exterior alerations involving such things as interior partitions, plumbing and electrical conveyances. Alteration consists of relocation of counter, minor electrical work within existing space footprint. i s What Changes To The Project Would Mitigate The Identified Impacts (List relitigation measures for any significant s impacts and Conditional Negative Declaration). s i i i i 's !I 1 f ! 's i USES Quad Sheet M Base Map Sheet# G22 Parcel 065-164-023 I. Location: 201 E. 18th St., Antioch, Cts 2. Project Description: Minor interior alternations within existing footprint-relocation of existing counter, minor electrical work. 3, noes it appear that any feature of the project will Dyes Z no maybe generate significant public concern? (Nature of concern): 4. Will the project require approval or permits by other Zl yes no than a County agency? ,agency Narne(s): Antioch 5. Is the project within the Sphere of Influence of any city? (Marne) Antioch G:11_,ease?v<�t1CARE°�,\easternteent`airit?#stady.doc TION MAP LorA 11 4T--4 SWUM SAY I$ xL ,`� awr+ °' t�* e*'•• •°°6°°�a,yy ` �' h4Lixa5,41191i rA LCFYIF: Ar 1 0 4CGXvi, u �' .,a xrrx+DRo s N�rsA�sfY f*�t`� surra Crj O ✓tfs s ©GEt� 's r`*f v ..a,«.r,.�" -P, 3AY r'G?N stax ��p,- �. e r CLY7 ` !" 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PARTIES:.............................................`......................... .............................. ^.� A`2~ LEASE {]FT»REMISES: ................................,................................................l A,l TERM:...............`....^.................................,...^................................. ..........,.....I AA. RENT: --.....,^.......,..^........^..^^.^'..`.,..,,^^`,................ ......... .............� A,5. EXTENSION: ...,''^'^^'^^~^~``~^`^'~^~'^^^`^^^`~'^^^^^~^'^~`^''`~^`^~'~'~^~^'~^^^2 A,6. UTILITIES:...........^^^^^^'—~'^~~''``^'^~''^^~'`^^'—^^~''—'~^^^^'''^'^''`~^'^`~^'''^^2 A.7. MAINTENANCE AND REPAIRS: ............................... .......... .. ..............2 A.8. NOTICES:..... ..............`.,,,,,,,,,,.,,,,^^,,,----.,,,^.,,,,,,,.,^,.,,,,., 4 A.9. ATTACHMENTS: ..^~,............... ..................... ................. . ...............^......4 � A.10. WRITTEN ���: .._....~.....—........—...^...'^.....,,.,—~' /\.}|. TIME IS OF THE ESSENCE ....................'~....—.......................... ..........5 /k.I2. SIGNATURE BLOCK..................—'~~..~^.^............................ ................5 SECTION B: STANDARD PROVISIONS . � B.I. I�J(� [)�/E]�|.—~`'^^'~~^'~^~^^'^^^'^^~^^^^'~^^^^^^^^^'^^^^^'^^''~~'^~`' B'2. USE OF PREMISES: ............ .........`................^^^'—~'.^'^~^^~^^^^'''^'~^^—^^^^`^'6 B'3^ HOLD S: ,~.,_^,^~,^,,,^^,~,,,_.,.~^,`.,^,.~,,~,.,,,.,_^,~`~,^_..,.,6 B/4. ALTERATIONS, FIXTURES, AND SIGNS:................... ...............,,...........6 7 B.5. T�{�S7l�lj{�]�IK�I�: ......................,,.~,,^'.,,^_,,.^.^^,..,,,,,,.,~,,~. B.6. QUIET ENJ{}`/MEN'1':..............,......_,,,_,, ...---~.,,,.,,,---~,,./ 13.7. 7 DEFAULTS: ^'^~^^'^^—^^^~^`^'^^~—^—^'^^^'^^^^^~~~^^~^'^'^^^^'—^''^^^ \ 13.8. SUCCESSORS AND ASSIGNS: .............^............. ..................... ..............8 B.9` SEVERABILITY: ......... ........~^'^'^'^`^'~^^^^^'~'^~^~~~^^^'^^'~~^~^`~`~^^^^'~9 B.10. NUISANCE:...............................'~~~.....................~.^.. .................9 B,|}. SURRENDER OF PREMISES....... ,.^~,_^......... ................,.......................9 � SECTION C: SPECIAL PROVISIONS C.}~ SERVICES BY LESSOR:............ ..........................--.............. ..............10 C.2^ PROPERTY TAXES:................. ..... .—............................^....... ............,.....l0 [`.3, A S S I GINMENIT OR ..... .............. ........ ............................. ...}\ C/4. LIABILITY INSURAINCE ^^^'^''^`^`^'~'~^'^—^''^^'~^^''~'^^'^^^'^^'—'^^'^—'�� C.5. HAZARDOUS MATERIALS —_,,,.,.,.,................... ......................| l � EXHIBITS EXHIBIT A: PREMISES ��T��{� ��' � : SITE PLAN & PARKING DOT (i:\Leo«ouxa-,\CAn0L\c^nteiauteeomatreemrc LEASE 201 East 18" St. Antioch, California for Social Service Department SECTION A< BASIC: TERMS AND CONDITIONS A.I. FA RIM, s Effective on June , 19-99, East 18t1' St. Center, a Partnership, hereinafter called "LESSOR and the COU OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COLI QTY," mutually agree and promise as follows: A.20 t: ASE-0T T%EM- S ,SA 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 9,678 square feet of the approximate Natal 27,454 square foot building, commonly known as 201 East 18' St.,Antioch, California,more particularly described in "Exhibit A" attached hereto and made a part hereof, together with exclusive use of fifty two (52) parking spaces , more particularly described in "Exhibit B" attached hereto and made a hart hereof. A.3a. IERM, : The terra of this Lease shall be three (3) years, commencing August 1, 1999 and ending July 31, 24€ 2. AA. H Mr : Although the term of the Lease commences August 1, 1999, the obligation of the COUNTY to pay rent shall not commence until the first working day after the LESSON. delivers and COUNTY accepts the Premises in good order, condition and repair. if COLNTY acceptance of the Premises occurs after the first day of the month, rent shall be r prorated for the month. Subject to the foregoing, COTU dTY shall pay to LESSOR as rent for the use of said premises a monthly rental as follows,payable in advance on the tenth day of each month during the tern of this Lease. I'i er odmonthly R r a August I, 1999 through July 31, 2401 August 1, 24€ 1 through July 31, 2002 9,385.00 G ALeas-.Mgt\CAR0 L\eastei ghteen thstseet doe Payments shall be mailed to: East 18" St Center, A.Partnership c/o Ross Company Realtors 928 Main Street Martinez, CA. 94553 Or to such other location as LESSOR may designate from time to time. A.—& "t 'Stt_N; This Lease may, at the option of the COUNTY,be extended upon the same terms and conditions, except that the rental shall be adjusted as follows: A. First Option. For a one (1) year terra, commencing August 1, 2002 and ending July 31, 2€ 03, at a rental of NINE THOUSAND THREE HUNDRED EIGHTY FIVE AND NO/100 DOLLARS ($9,385.00) per month. B. Second Option: For a one(1) year terns, commencing August 1, 2003 and ending July 31, 2€104, at a rental of NINE THOUSAND FIVE HUNDRED SEVENTY A-IND NO/100 DOLLARS ($9,570.00) per month. It is understood and agreed COUNTY shall give LESSOR ninety (90) days prior written notice of its intention to exercise any option to extend this Lease. However in the event COUNTY does not give such written notice, its right to exercise any option before termination of the Lease shall riot expire until fifteen (15) business days ager receipt of LESSOR's written demand to exercise or f'orf'eit said option. A.6. t J Ha5--m COUNTY shall pay for bas and electric services provided to the Premises. LESSOR shall furnish and pay for water, sewer and refuse collection services prodded to the Prerdises. A-7. 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 exterior ,glass and glazing. B. LESSON.shall deliver exterior doors and their fixtures, closers and hinges, in good order, condition and repair. COUNTY shall maintain all exterior doors, locks and key systems. G:VL&aseMgt\CAROL\easl,eigtt?cents;aEreet.dow 2 C. Prior to execution of Lease, LESSOR and COUNTY representatives shall conduct an inspection of the Premises and record in writing any code violations, defects, safety hazards, deferred maintenance, or repairs which exists and for which the LESSOR shall be responsible for correcting prior to delivery of the Premises. COUNTY shall keep and maintain the exterior doors and interior of the premises, but LESSOR shall .repair damage to the exterior doors and/or interior caused by failure of LESSOR to maintain the exterior in goad repair, including damage to the interior caused by rose`leaks andfor interior and exterior wall leaks. D. COUNTY shall maintain a quarterly maintenance contract for the heating, ventilating, and air-conditioning systems (HVAC). Said quarterly maintenance shall include quarterly maintenance or the HVAC units and components, including motor,belts, damper and drainage system and changing of air filters on a quarterly basis. LESSOR shall be responsible for repairs and replacement of the beating, ventilating and air conditioning systems in excess of FIVE HUNDRED and 0/100 DOLLARS ($500.00) per occurrence. E. COUNTY shall maintain the electrical, lighting, water and plumbing systems in good order, condition and repair. LESSOR shall deliver the electrical, lighting, water and plumbing in good condition at time of occupancy. COUNTY shall be responsible for minor routine repairs to said systems. LESSOR shall be responsible for repairs and/or replacement of said systems in excess of DIVE HUNDRED AND NC/100 DOLLARS ($500.00) per occurrence. LESSOR shall maintain the parking lot, landscaping, walkways and exterior lighting in good order, condition, and repair. LESSOR shall maintain the fire sprinkler system.. LESSOR shall provide and install, at the direction. of the Fire Marshal, the necessary number of A-B-C fire extinguishers for the premises. COUNTY shall thereafter maintain, repair, and replace said extinguishers. H. LESSOR shall be responsible for the correction of any cede violations which may exist in the Premises,provided LESSOP. shall not be liable for correction of code Ca:\LeaseMgt\CAROL\eiisteighteenthst�•eet.doc 3 violations which arise out of and are directly related to a change in COLINTY's occupancy or use of said Premises. A.8. JL 4 All notices given hereunder shall be in writing and sell 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. East 18" St. Center, A Partnership c/o Ross Realtors 928 Main Street Martinez, CA 94553 To County: Contra Costa County General Services Department Lease Management Division 122€1 Morello Avenue, Suite 100 Martinez, C.A. 94553 .A¢9R AjjAfJJMZ2M, -. Section B, standard Provisions; Section C, special Provisions; Exhibit A: Premises; Exhibit B; Site plan & Parking Lot are attached to this Lease and are made a part hereof. ,A.]0. ) Afz EM: Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no farther 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 are not a part of this Lease,nor shall they be considered in construing the intent of this Lease. CrsA �i\t,A �3 'deast3g eeztstree:.te� d) LAL A.11. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this lease. A.12. SIGNATURE BLOCK ESS COUNTY OF CONTRA COSTA, a EAST 18t`° ST. CENTER, a political subdivision of the State of Partnership California BY—tDirector of General Services RECOMMENDED FOR APPROVAL: Director, Capital Facilities and Debt Manage eD By— Deputy G yDep . enera� 1 SeRk­e-s Director ficial ervice Deparfifient B 13 ease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel Bye Deputy :\Lease,Mgt\CAROL\easteighEeenEhst,cet.doc 5 LEAS 201 East 18"' St, Antioch, California for Social Service Department SECTION B: STANDARD PROVISIONS B.I. JJQLDJN�V�: Any holding over after the term or extension of this Lease as �P 'ded hereinabove shall be construed to be a tenancy ftom month to month, subject to the terms of this Lease so far as applicable. B.2. -UL � : The Premises shall be used during the term for purposes of conducting various functions of COUNTITY and COUNTY related services. B.3. HOLD-11ARMLESS: COUNTY agrees to 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 acts, errors or omissions of the COUNTY, its officers, agents, employees or invitees, COUNTY shall not be 'liable in the case of any structural, mechanical or other failure of equipment of building owned and maintained by the LESSOR 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 indemnif`, 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 negligent acts, errors or omissions of the LESSOR, its officers, agent, employees or invitees. BA. ALI MAIMS, F1 JURES. AND SIGNS: COU NITY may make any lawful and proper minor alterations, attach fixtures and signs in or upor, flue Prernises, which shall remain COUNTY property and may be removed therefrom by COL NTTY prior to the I G:\Less-,M-,gt\CAPOL\easteighteet,,t H� frect�cc 6 termination of this Lease, all signs to meet with existing code requirements and LESS R's approval, any such alterations, signs or fixtures shall be at CO QTY's sole asst and expense. .5. DE : A. In the event ofdamagecausing a partial destruction of the Premises during the term of this Lease 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 said 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 beim to be based upon. the extent to which the made, such proportionate reduction portion of the Premises unusable by COUNTY bears to the total area of the Premises. B. If such repairs cannot be made in sixty (60) days, LESSOR may, at his option, male 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 shall terminate this Lease. BA 1 LESSOR covenants that COUNTY shall at all tunes 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.7s The occurrence of any of the following shall constitute an went of Default under this Lease: A, Event of by COU . 1. OUNTY's failure to pay any Rental within ten.(10)business days after written Cs:\Ler,sv.gt\CAROL\eas.e;gb.tet:t€?street.d" 7 notice of,be failure from LESSOR to COUNTY 2. COL "Y'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 undertakes to cure the failure within thirty (30) days and diligently and continuously attempts to cornplete 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. LESSOR's failure to perform any of its obligations under this Lease shall constitute a default by LESSOR if the failure continues for(30) days after written notice of the failure from COUNTY to LESSOR, If the required T performance cannot be completed within thirty (30) days, LESSOR's failure to perform shall constitute a default under this Lease unless LESSOR undertakes to cure the failure within thirty (30) days and diligently and continuously attempts to complete this cure as soon as reasonably possible. 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 COUNITY's option, invoice LESSOR for the cost of repair, which invoice LESSOR shall pay promptly upon receipt. B-8. 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. N t e In the event that any provision herein is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision shall not materially prejudice either the COUNTY or LESSOR in its respective rights and obligations contained in the valid provisions of this Lease. B.10. W I ,.°..N I : COUNTY shall not commit, or suffer to be committed, any gate upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other lessee or occupant of the building in which the premises are located, Ba110 Off : o On the last day of the said tern, 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. :t�e�s���tla.�,RfJi1��s:si��t�vn� sts ee�;?nc 9 Net- LEASE 201 East 18"' St. Antioch, California for Social Service Department SECTION C: SPECIAL PROVISIONS C-1. SEE i10ES-BEYLLSSM'. It is understood and agreed LESSOR shall provide certain janitorial,maintenance, construction, remodeling or like services as requested by COUNTY in writing from time to finic during the term of this Lease. COUTNTY shall pay to LESSOR as additional rent one hundred percent (100%) of the costs of said services. LESSOR shall consult withCOUTNITY and select either licensed, insured contractors or employees of LESSOR to provide the set-vice. 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 said service. C.2. kB_QPY,,R1Y_TA_XMS., Premises represent Thirty Five percent(35%) of total building, (9,678 square feet of total 27,450 square feet). COUNTY shall pay to LESSOR within thirty (30) days after being requested to do so by LESSOR, as additional rental, a sum equal to Thirty Five percent (35%) of the increase, if any, in the City and/or County taxes levied against Assessor's Parcel 065-164-023-7, in any year during the term of this Lease or extension thereof which exceed the taxes for base year July 1, 1999-June 30, 2000, except COUTIN-1 TY shall not pay a prorata share of any increase resulting from a change in ownership of the prope*, . If said taxes decrease, COUNTY may deduct Thirty Five percent (35%) of the decrease from the rental due LESSOR. It is understood that during the first and last years of occupancy, said taxes shall be prorated between LESSOR and COUNTY according to the number of full months the COUNTY shall have possession of the Premises. 10 a C.3. & N 4NT Q ,_ F COUNTY shall have the right to assign. this Lease during the terra of this Lease and extension terms with LESSO 's written approval. Such approval shall not be unreasonably withheld, COUNTY shall have the right to sublease the Premises or any part thereof to County Social Service related programs during the terra of this Lease and extension terms without LESSOR's written approval. COUNTY shall have the right to sublease the premises or any part thereof to non-related Social Service programs with LESSOR's written approval. Such approval shall not be unreasonably withheld. In event of such.sublease, C0LTN IY shall remain responsible for payment of rent and meeting the obligations and conditions under the terms of this Lease. .4. ILT` ANU: It is understood and agreed that the COUNTY, a political subdivision of the State of California, is self-insured for its public Liability exposure,which includes claims made by the public against the COUNTY for bodily injuries and property damage, to the extent such would be insured by a standard commercial insurance company, LESSOR shall be included as additional insured under the COL TY's Public Liability self-insurance plan in the same manner as would otherwise be provided by a standard commercial general Public Liability insurance policy. C.5, H € AT1 A S° LESSON has provided COUNTY with an Environmental Transaction screen Deport, (Deport) completed on the Premises by All Environmental, Inc. dated.June 7, 1999, which is referenced herein.. Copies of said Report are available with bath the LESSOR and COUNTY. As per the Report findings, there are asbestos containing materials (ACM) in floor the mastic on the Premises. The ACM was observed in good condition and did not pose an immediate health hazard. In the event COUTNTY, in its sole discretion, determines that the ACM presents a health hazard and requires treatment, LESSOR shall, at its sale cost and expense, immediately treat the ACM in accordance with law. This is no way relieves the LESSOR of any responsibility he may have to inspect the Premises or monitor the condition of the ACID. LESSOR, its successors, assigns and guarantors, agree to indemnify, defend and hold harmless COUNTY, its officers, agents and employees from and against any and all damages C'r:1`�eseA��t1�A2i}�.1ea�t�i�'r:�eWnt��treet.�c�e 1 d �: arising from the presence of asbestos or other hazardous materials upon or about the Premises, or arising in any manner whatsoever out of the violation of any lava or regulation pertaining to the Premises and the activities thereon, unless such damages exist solely as a result of the negligence or wilnl misconduct of COUNTY. EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: SITE PLAN & PARKING LOT f 12 o A 41 Ir ,. r A 1X% zz + s e L� to IF It 5 A ' J a E d 1:t �W } It EXHIBIT : PREMISES ° , B e B B ` 0 ' P e e s f • Tom.. &ale 5- f'pp r" m ISE ✓»,. "��.` �'P°,<�,,4 J $P / B'^"� .1' r';- i�35'a''" N +c* Y.r,4 '' -� i" ell y� � 'yro�r��E v ,',n�°,y w,��+t,��'•ris.� t � .yqa � 7 'o,i a• / �d x ,/�''As' ,,,s„' .r,f d,�° P�"'¢•�A'� t�' 9`�,° i t r.°"s �,,t",a f�y °°/" K a` �..+'� Lx s ��v ,�.?�"�''='F,�'� ����a #�G.�� # � Prem n r.L..)44,—*J P o+ ' rr t i B ri f ' a e 9 gg B S I T a IT PLAN & PARKINGLOT