Loading...
HomeMy WebLinkAboutMINUTES - 03212000 - C15-C17 CLAIM '" BOARD OF SUPERVISORS QE CONTRA COSTA Ct7TT UY, CALHDMIA BOARD ACTIOht MARCH 21, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $9,000.00 GOUNTY COUNSEL CLAIMANT: George F. Beardon MASTINEZ,CALIF` ATTORNEY: DATE RECEIVED: February 15, 2000 ADDRESS: c/o Martinez Detention FacilitJBY DELIVERY TO CLERIC ON: February 15, 2000 C--Module/Room #6 February 11, 2000 901 Court Street BY MAIL POSTMARKED: Martinez CA 94553 L FR.ONL• Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 16, 2000 By: Deputy !�4� V 41 H. FRONL• County Counsel TQ: Clerk of the Board of Supervisors fit,-�t-tc�if j ( L, This claim complie�substanti�lly with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act�fc 15 days (Section 910.8). ( Claim i. of timely`filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). J , ( her: YOU i-S la' k 0S 1-0 I- 313UL` CIIG't�- �l r7� �7 i�1�/Y (�$, e t'2 /2i ! h •� �u � r% `t it f� a 0 ` 266AI2111 .�- 12-17/q 5 Dated: 1 7 CO __By:� rt � ----�?eputy County Counsel ffi. FRONT Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). TV. BOARD ORDER: By unanimous vote of the Supervisors present: NA This Claim is rejected in full. Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:?)?A,-, j UcA.00 0 PHIL BATCk-IELOR, Clerk, By9-0.� ,SCJ' Deputy Clerk WARNI-1G (Gov. code section 913) Subject to certain exceptions, you have �six C6j months from the date this notice was personally served or deposited in the mail to file a court action on this 'dh�. 'See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with +h.. atter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See R4, se Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ` ..t $y: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator The*Board of Supervisors Contra perk Batchelor Clerk of the Board County Administration Building Costa County Administrator 651 Dine street, Room 106 (925)335.1900 Martinez, California 94553.1293 County John Gioia, t st District `J Gayle Uiikema,2nd District .y , Donna Gerber,3rd District Mark DeSsulnier,4th District Joe Canciamllla,5th District w TO: George F. Beardon Martinez Detention Facility C Module, Froom 6 901 Court Street Martinez, CA 94553 NOTICE TO CLAIMANT (Of Late-Filed Claim) (Government Code Section 911.3) The claims you presented to the Board of Supervisors of Contra Costa County, California, as governing body of the County of Contra Costa on February 11, 2000, has been reviewed by County Counsel and the March $0. 1999 claim is being returned to you herewith because: — Your claim for an injury to person or personal property which arose on or before December 31, 1987 was not presented within 100 days after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) X Your claim for an injury to person or personal property which arose on or after January 1, 1988 was not presented within six months of the event or occurrence as required by law. (See Government Code sections 901 and 911.2) — Your claim relating to a cause of action other than injury to person, personal property or growing crops was not presented within one year after the event or occurrence as required by law. (See Government Code sections 901 and 911.2) Because the March-30.-1299 claim was not presented within the time allowed by law, no action was taken on that claim. Your only recourse at this time is to apply without delay for leave to present a late claim. (See Government Code sections 911.4 to 912.2 and 946.6) Under some I:\TORT\RISK-MGT\CLATMS\HATE\Beardon.xpd circumstances leave to present a lata claim will be granted. (Sae Government Code section 911.6) You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Gate: ecruu -' PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: '`-'' Dj5liuty Clerk Enclosure Affidavit of Mailing I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a copy of the above NOTICE TO CLAIMANT (OF LATE-FILED CLAIM), addressed to the claimant as shown above. Date: `•- puty Clerk I:\TORT\RISK-MGT\CLAIMS\LATE\Beardsn.wpd ',&Aim w BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp ) 2cr!!cnal TroPc_d[�A RECEIVED Against the County of Contra Costa or ) FEB 15 2000 Lore 6 .C)5�clw 1� District) CLERK BOARD OF SUPERUISO S (Fill in name ) CONTRA COSTA CO. t C Gi Cf1 The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$9,0 'Ze and in support of this claim represents as follows: 1. When did the damage or injury occur?(Give exact date and hour) ort cw-- ctC� G rld A �1 OR 1_.I lqq � 0, ,. J , .t of V.�..�c� o th c r l. _C ..l r � 2. Where did the damage or injury occur? (Include city and county) M 5 e- 3. How did the damage or irfjury occur? (Give full etails;use ext paper ifrequ�red) V�:inmz)IA�. ` a . " t ciic> c& t" ` 6oko `rr-_,V tImo.a #RICK €.or,`� t��Y �'uCIP cg"1c.c., 1 LG hV 1 ». wliv Fla C LJ n r tcat nf> 5c l 1. ry 1 c i h c T_t c. 1Tt� > �'' v 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? , -V1l 1CX-1L G '` tl 05t Or C t -th 5. Whit are the names of county or district officers, servants, or employees causing the damage olr njury. 6. What damage or injuries d you chi Pr ei;:drd ? (Give full event o injuries or am 0 ai ;;Attach two estimates for auto damage.} ITXCX � G�C"C» . +hC- (16CJ JfCA �tl to F �K^- ''L 1 •�. mos+i6' ., t b.<... 5�w `�F'i'+f0 -'\r "�4r�" h�i-*fo-.,x i1 7. Flow was the amount claim above computed? (Include the estimated amount of any prospective injury or damage.) Ni (?T- w' Ci 14; a t I Ick<,. v ' #ms's xJ tt t .6- Red t C> ;t''"�" c -�- r; g t .• ; ' w , .. 8. Names and addresses of witnesses, doctors, i d hospit Is. r LA G' 4114 o sc:1 U C--/ 4C 1 roon. i C tit 1- / L � 6 moot -, cff q- go 9. List the Expenditures you made on account of this accident or injury. BATEME M v t M Car ua5 P1u nc& (# tC--C-) i st 1W1 i � on } Gov. Code Sec. 910.2 provides "The claim must be Mem signed by the claimant or by some person on his behalf:" NIS►NOTICES Name and Address of Attorney } n5 lace ( laimant's Signature) Ccx,r .► » �� r 11 ' } )r 5 ,: (Address) X54=1 n Telephone o. Telephone No. t�, NOTICE Suction 72 of the Penal Code provides: Every person who,with intent to defraud,presents for allowance or the payment to any state board or officer,or to any county,city,or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account, voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand(S 1,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($10,000),or by both such imprisonment and fine. ^T�c�+`d � tka4 C. CA 4 ----- a'd',ltacs -b �ic�i�c.:i :r�crx�r��-� gin. �.►chmc�n�. end ick, 61n It►zest kmr wick. �n �ircc�. o� •these.. icyn- --c p{,'�� , faYar� rnu� �cr.�a1 pc� r°h� : r►rst a�' c�11 and Vo6 a► u �r ZC�M _l�'t'!S f ��C •y�.�'C•, ._�3cr'� Rwct'_��1cf1 _c�� and -t�aRs�'crr�-d. io-z "tom rtc-C,c�r°r�� �au�c . . ._. Xl�c�r► m�c."f10['1C.L�.�� � Rot_Q'f7C.e.� +w4c-C. _in, _om Ii«a►c- ? and the �� art- -i,s__ __ _l..c�� • M_. . had to be he.l� �ar rn� _tr►c l �m��h'►ru� t� wrzat�� bec�v�c. +hcrc '�s ct - ,1isrc�a,°&e�_ -rhe. Law �rapG� M�y Mam xn� ►mac. ta_ _ma _�rd�c- _lash wcrk.�'. __Gnd "4�s nowmtssi � mn���+.._ r�nf� V16m�_Ss_siCtr� . , < ,. �►U kip"i Ith,4t, l�cpr,r}�ry"l��i�`� . � . , t►�t'�_'k�'1��_ t� t� t t�;a �',t1 d ►{� �} -1-hc t��,�p,,i�,��c„G�cpc�r�"rncrt^i�"'S_. _ Cdo jwr �b't 7LKFT RJGVt �l'✓M1.• / a EF 00000 / _/1007' c-: . (�'V .s spy Y �i .LN OD ' � tts � i t CLAIM tt 'rt I30ARD OF SUPERVISORS. Of CONTRA COSTA COUNTY, CALIFORNIA BOARD ACTID MRCH 21, 200( Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the y Board of Supervisors. (Paragraph IV below), given � !�,3� - �� pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". fi 260 AMOUNT: $9,000.00 E'Eg I GUUNTY COUNSEL CLAIMANT: George F. Beardon MARTINEZ,CALIF, ATTORNEY: DATE RECEIVED: February 15, 2000 ADDRESS: c/o Martinez Detention FaciliOBY DELIVERY TO CLERK ON: February 15, 2000 C-Module/Room #6 February 11, 2000 901 Court Street BY MAIL POSTMARKED: Martinez CA 94553 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 16, 2000 By: Deputy .q tZ 111. FROM: County Counsel TO: Clerk of the Board of Supervisors �r174//y { This claim compliessubstantially with Sections 910 and 910.2. { } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot ac, for 15 days (Section 910.8). oir -aIy�,/ { Claim is `nt of timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave/t�o present a late claim (Section 911.3). {vYtther: YQU1,- c i� in-7 1S l k cis tbe- JNJ det_ Ct IrCly (Z Dated: ` e:P-t 7-00 By: �Z�6L4U2LL-,j,>�,c eputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Maim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: &A This Claim is rejected in full. {� Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: '00V . o"Z j;L000 PHIL BATCHELOR, Clerk, By9 , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have six (6� months from the date this notice was personally served or deposited in the mail to file a court action on this•6; i. 'See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with ±l'' .tter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Rew'Yrse Side of This Notice. AFFIDAVIT OF NLkELJAiG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:L� ` „t}� 73y: PHIL BATCHELOR BYDeputy Clerk —79tl�aj- 36 }� I CC` /ter...-, A CIAIM BOARD ANTI )March 21, 2000 Maim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $521.68 FE8 1 7 79111 CLAIMANT: Andrea Cassidy COUNTY COUNSEL MARTINEZ CALIF, ATTORNEY: DATE RECEIVED: February 17, 2000 ADDRESS:651 Pine St. , 9th Flog BY DELIVERY TO CLERIC ON: February 17 2000 Martinez CA 9455.E BY MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 17, 2000 By: Deputy IL FROM: County Counsel TO: Clerk of the Board of Supervisors (V 'nis claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: — l'"00 v By:1'MS11 _.,, Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present. This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:)'1� PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAII NNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:7 < 1 • By: PHIL BATCHELOR By - Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY jNSMCTrO -S IQ CL�' MI A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 10&day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors,rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp ) Andrea Cassidy ) Against the County of Contra Costa or ) ' District) FE8 I-.7 'µ Zo00 (Fill in name) ) CLE 01< eI , anrr��CFSU t�sr,�c��i Cqs The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named c i rict in the sum of 5 21.68 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 2/14/00 7:15 am 2. Where did the damage or injury occur? (Include city and county) t 2nd lane frorii�he right on Concord Ave. westbound at the 680 overpass ti 3. How did the damage or injury occur? (Give full details;use extra paper if required) hit an unavoidable huge pothole in the roadway while driving C, CLAIM BOARD OF SUFFIIMSM OF CONTRA COSTA CD-UNTY.,CLM3Et iA BOARD ACTI MARCH 21, 2000 Claim Against the County, or district Governed by the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the MC =w -mow Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: MARi'tTEZ G��-t�In Excess of $10,000.00 CORTIN CAOF CLAIMANT: Robin Forres t ATTORNEY: c/o Sheldon H. Jaffe AATE RECEIVED: February 22, 2000 Heller, firman, White & McAuli�fe ADDRESS: 333 Bush Street. BY DELIVERY TO CLERK ON: February 22, 2000 San Francisco CA 94104dr BY MAIL POSTMARKED: February' /, 2000 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 22, 2000 By: Deputy H. FRONL° County Counsel TO: Clerk of the Board o Supervisors (L,-),''This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 2-2--' By: Deputy County Counsel III. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ?� This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:�V� e9./ 6-�AL� PHIL BATCHELOR, Clerk, By , Deputy Clerk WARMING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAH1NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: Z' 2-flJ0 By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator HellerEhrman A T T O R N E Y S February 18, 2000 REC IV 0 Sheldon H.Jaffe FEBa� c� t� t1 sjaffe@Thcwm.corn EB 2 2 2004 (415)'772-6587 Dain(415)772-6000 CLERK BOARD OF SRS Fax(415)772-6268 Via Messenger Via Certified Mail—Return receipt Requested Clerk, Secretary, or Auditor City of Walnut Creek 1666 No. Main Street Walnut Creek, CA 94596 Clerk, Secretary, or Auditor Walnut Creek Police Department 1666 No. Main Street Walnut Creek, CA 94596 Richard W. Gregson Chief of Police Walnut Creek Police Department 1666 No. Main Street Walnut Creek, CA 94596 Clerk, Secretary, or Auditor Contra Costa County 651 Pine Street Martinez, CA 94553 County Administrator Contra Costa County 651 Pine Street Martinez, CA 94553 Clerk, Secretary, or Auditor Contra Costa Sheriff's Department 651 Pine Street Martinez, CA 94553 Holler Ehrman Whit*&McAullft LLP 333 Bush Street San Francisco,CA 84104-2878 www.hawm.com San Francisco Silicon Valley Loa Angles San Diego Seattle Portland Anchorage Now York Washington D.C. Hong Kong Singapore Affiliated Camelutti Offices: Milan Rome Paris Padua Naples llerEhrman CAprogram files\irm\heller\Letterdof A T T 0 R N E Y 8 February 18,2000 Page 2 Sheriff Warren E. Rupf Contra Costa Sheriff's Department 651 Pine Street Martinez, CA 94553 Re: Notification of Incident and Claim for Damages To whom it may concern: Heller Ehrman White and McAuliffe represents claimant Robin Forrest, and is authorized, as Mr. Forrest's counsel, to make this claim against the City of Walnut Creek, Walnut Creek Police Department, Contra Costa County, Contra Costa County Sheriff's Department, Officers T. Cashion, Mangini, and Gorski, Sergeants Schultz and McLaulin, Lt. Perry, and dispatcher L. Toliver, (employees of the Police Department), and certain unknown employees of the Police Department and Sheriff's Department on Mr. Forrest's behalf. Pursuant to Government Code § 910 et seq., § 940 et seq., and § 945 et seq., we hereby provide notification of an incident that occasions liability under the California Tort Claims Act, and present a claim for money damages in excess of$10,000 for personal injury alleged to have occurred by reason of the incident. 1. Claimant: Robin Forrest, 1012 Bermuda Drive, Concord, California 94518, is the claimant. All correspondence relating to this claim should be directed to Sheldon H. Jaffe at Heller, Ehrman, White & McAuliffe, 333 Bush Street, San Francisco, CA 94104. 2. Place and Date of Incident: The incident on which Mr. Forrest's claim is based- took place on Sunday, August 22, 1999 at approximately 1:00 a.m. The incident took place either at or near 3109 Shire, Walnut Creek, California. 3. Description of Incident: Mr. Forrest is an African-American adult male. He had been attending a party at the home of a friend, Tom Viscuso, who lives at 3109 Shire, Walnut Creek, California. Mr. Forrest was accosted on the street by Officer Cashion, who, without reasonable suspicion or probable cause, exited his patrol car and ordered Mr. Forrest to lie on-the ground. Officer Cashion would not identify himself, offered no justification for this command, and when Mr. Forrest did not promptly obey, he was attacked by Officer Cashion with some form of chemical spray. After this attack, Mr. Forrest sought sanctuary in the home of his friend, Mr. Viscuso. When Mr. Viscuso went out to talk with Officer Cashion, he too was ordered to get on the ground. Meller Ehrman White&McAuliffe LLP HellerEhrm.an CAprogram files\firm\heller\Letter.dot A T T O R N € Y S February 18,2000 Page 3 Officer Cashion was joined by other law enforcement personnel, many of whose names are not known (on information and belief, the following employees of the Walnut Creek Police Department are identified as being among those involved in the incident: Officers Mangini and Gorski, Sergeants Schultz and McLauglin, Lt. Perry and dispatcher L. Toliver, P339). Mr. Forrest then came outside where he was taken into custody for violation of Penal Code 148. He was subsequently transported to the John Muir Medical Center, Walnut Creek, California, for emergency medical treatment. He continues to suffer medical problems as a result of this attack. The above described, including the initial stopping, excessive force, and unlawful arrest, constituted an egregious violations of Mr. Forrest's rights. Accordingly, Mr. Forrest.is entitled to substantial compensation for, among other things, violation of the California . Constitution, violation of the Fourth and Fourteenth Amendments of the United States Constitution, violation of California Civil Code § 52.1, violation of 42 U.S.C. 1983, violation of 42 U.S.C. 1985(3), false arrest and imprisonment, reckless hiring, training and supervision, negligence, assault, battery, and intentional and negligent infliction of emotional distress. 4. Personal Injury: Mr. Forrest has suffered personal injury in the form of the false arrest, the lack of due process, discrimination, physical injury, and mental and emotional distress. Mr. Forrest's damages greatly exceed $10,000. We look forward to a prompt response to this demand. I may be reached at (415) 772- 6587 with any questions. Sincere y yours, Ieldon LL HRMAN WHITE & McAULIFFE cc: Mr. Robin Forrest Heller Ehrmen White&McAuliffe LLP 3 w m w a W r rti . _ J .o S K co rur ru y r • i 1 • } k; CC �* Vt ti O rr i CLAIM BQARD OE SUP,,IMSOM QE CONM CQSTA COUNlY, C'Ai,�+'O N A B_Agp_A0Dl1t MARCH 21, 2000 Claim Against the County, or District Governed by y the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given 1 � pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $7,546.00 �ART{�fii�Z CAS�� CLAIMANT: Patricia Holderby ATTORNEY: DATE RECEIVED: February 18, 2000 ADDRESS: 419 Edwards Street BY DELIVERY TO CLERK. ON: February 18, 2000 Crockett CA 94525 Hand-Delivered BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL, BATCHELOR, Clerk Dated: February 18, 2000 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors ( 1,,y'This claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Deputy De Counsel Dated: By:- p Y Count Y III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:h7�.,t A c2.� PHIL BATCHELOR, Clerk, By ,_ s Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated-MA-J1,,6-46__ r_ �By: PHIL BATCHELOR By I Deputy Clerk CC: County Counsel County Administrator SHARON HYMES-OFFORB 18 2000 � ,l�S Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 1.3a4e ,G, WSTR[ 'T ONS TO CUAYMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100* day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt.Code§911.7.} B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. T1. If the r1a."rr is 202-im« "norc tha:j 0111 Public elitity,scparatc ciaims must be tiled against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec.72 at the end of this form. RE: Claim by } Reserved for Clerk's Filing Stamp } Pl CIA HOLDBRBY } CONTRA COSTA COUNTY Against the County of Contra Costa », or �Ct3 ' District} iCON Oco ©su���Vis (Fill in Name) rCD ns The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S 7546.00 and in support of this claim represents as follows: 1. When did the damage or injury occur" (rive exact Date and Hour) AUGUST_ :h1 _1229 at 05:20AM -_______ _________._.___________ .___._____________-_____ 2. Where did the damage or injury occur? (Include city and Courcy) yXN OF 221 CORK ST------ ------- ---------- --------------------------------- , . CROCKETT ,_ . __ _________________ ______ _ 3. How did the damage or injury occur." (Give frill detaffs;use extra paper it required) I Tt&S WALKING ON THE SIDEWALK FOR MY MORNING WALK. I STEPPED INTO THE STREET TO CROSS AND IN FRONT OF 221 CLARK ST. I STEPPED INTO A POTHOLE AND BROKE MY ANKLE. ------------------------------------------------------------------------------------- 4. What particular act or omission on the part of county or district officers, servants or empl ees caused the injury or damage?' THE FAILURE OF `1 E COUNTY TO REPAIR AND MAINTAlrN THE MS'S. THIS POTHOLE HAS BEEN CALLED IN BEFORE ON SEVERAL OTHER OCCASSIONS AND HAD BEEN FIT TBEFORE. BUT WHATEVER FILL IS BEING USED IS SUBSTANDARD AS THE POTHOLE WAS VERY LARGE. I HAVE ENCLOSED PHOTO'S OF POTHOLE BEFORE IT WAS FILLED AND AFTER THE ACCIDENT IN AUGUST. (TODAY 2-15-00) I DROVE PAST THE (Over) SITE & IT IS ALREADY WEARING DOWN AGAIN} raAC �/� Mfg _ Olt— ell __ "000& S T A T E M E N T Susan Salem, D.D. 177 Front St Ste G 11-14-1999 Danville, CA 94526 925-743-1738 ACCOUNT NUMBER: 1000-180 Patricia Holderby PI/OTHE LAST CLAIM: 11-14-1999 419 Edwards LAST PAYMENT: 10-20-1999 Crockett CA 94525 LAST CHARGE: 10-20-1999 Date Description Code Charge Credit Adjust Balance 09-02-1999 *CMT 1-2 regions 98940 40.00 .00 .00 40.00 09-02-1999 *Manual therapy 97140 45.00 .00 .00 85.00 09-02-1999 *Ice Pack 99070 8 .00 .00 .00 93.00 09-02-1999 PT CK 6274 .00 64.00 .00 29.00 09-15-1999 *CMT 1-2 regions 98940 40.00 .00 .00 69.00 09-15-1999 *Man. therapy - mod 97140 45.00 .00 .00 114.00 09-15-1999 PT CK 6292 .00 55.00 .00 59.00 09-29-1999 *CMT 1-2 regions 98940 40.00 .00 .00 99.00 09-29--1.999 *Man. therapy - mod 97140 45.00 .00 .00 144.00 09-29-1999 PT CK 6297 .00 55.00 .00 89.00 10-06-1999 *CMT 1-2 regions 98940 40.00 .00 .00 129.00 10-06-1999 *Manual therapy 97140 45.00 .00 .00 174.00 10-06--1999 PT CK 6313 .00 55.00 .00 119.00 10-13-1999 *CMT 1-2 regions 98940 40.00 .00 .00 159.00 10-13-1999 *Man. therapy - mod 97140 45.00 .00 .00 204 .00 10-13-1999 PT CK 6326 .00 55.00 .00 149.00 10-20-1999 *CMT 1-2 regions 98940 40.00 .00 .00 189.00 10-20-1999 *Man. therapy -- mod 97140 45.00 .00 .00 234.00 10-20-1999 PT CK 6336 .00 55.00 .00 179.00 TOTALS 518.00 339.00 .00 ,r* MESSAGE *************************** * * * Diagnosis: * 846.0 Lumbosacral sprain/strain * 847.1 Thoracic sprain/strain * 847.0 Cervical sprain or strain * 723.2 Cervicocranial syndrome Continued. . . S T A T E M E N T t Susan Salem, D.C. 177 Front St Ste G 11-14-1999 Danville, CA 94526 925-743-1738 ACCOUNT NUMBER: 1000-180 Patricia Holderby PI/OTHE LAST CLAIM: 11-14-1999 419 Edwards LAST .PAYMENT: 10-20-1999 Crockett CA 94525 LAST CHARGE: 10-20-1999 Date Description Corte Charge Credit Adjust Balance * 729.1. Myofascitis/Myositis/Myalgia * ************************************** For proper credit, please enclose this portion with your payment. Patricia Holderby BALANCE: $179.00 419 Edwards PAY THIS AMOUNT: Crockett CA 94525 AMOUNT ENCLOSED: Please fill in blank. DATE DUE: Susan Salem, D.C. Tax ID:68-0427503 THANE YOU. 177 Front St Ste G Danville, CA 94526 ACCOUNT NUMBER: 1000-180 PLEASE DO NOT J cl STAPLE PATRICIA HOLDERBY z IN THIS AREA 419 EDWARDS CROCKETTT CA 94 525FTF] PICA HEALTH INSURANCE CLAIM FORM PICA 1. MEDICARE MEDICAID CHAMPUS CHAMPVA GROUP FECA OTHER 1a.INSURED'S I.D.NUMBER (FOR PROGRAM IN ITEM 1) HEALTH PLAN SLK LUNG (Medicare#) (Medicaid#) j5porrsor's 5551) (VA f 1!s#) ( (SSN or 1DJ (SSN) 1V) 2.PATIENT'S NAME(Last Name,First Name,Middle Initial) 3.�TTIENT''SSDBIRTH DATE SEX 4.INSURED'S NAME(Last Name,First Name,Middle Initial) HOLDERBY PATRICIA 05 1.9. 44M F end 5.PATIENT'S ADDRESS(No.,Street) 6.PATIENT RELATIONSHIP TO INSURED 7,INSURED'S ADDRESS(No.,Street) Fold 419 EDWARDS Self pouseE] Child Otheri] CITY STATE 8.PATIENT STATUS CITY STATE i CROCKETT C Single[] Married L� Other D `� ZIP CODE TELEPHONE(It a ude Area Godes• ZIP CODE TELEPHONE{INCLUDE AREA CODE} Employed Full-Time Part-Time 94525 t 5 8 6 3 Ey Student ❑ Student � 1 9.OTHER INSURED'S NAME(Last Name,First Name,Middle Initis!) 10.IS PATIENT'S CONDITION RELATED TO: 11.INSURED'S POLICY GROUP OR FECA NUMBER a w a.OTHER INSURED'S POLICY OR GROUP NUMBER a.EMPLOYMENT?(CURRENT OR PREVIOUS) a.INSURED'S DATE OF BIRTH SEX MM DD YY (�YES O M O F b.OTHER INSURED'S DATE OF BIRTH SEX b.AUTO ACCIDENT? PLACE(State} b.EMPLOYER'S NAME OR SCHOOL NAME a MM DD YY M F c-EMPLOYER'S NAME OR SCHOOL NAME o.OTHER ACCIDENT? c.INSURANCE PLAN NAME OR PROGRAM NAME " YES jeV ' W iQ d.INSURANCE PLAN NAME OR PROGRAM NAME 10d,RESERVED FOR LOCAL USE d.IS THERE ANOTHER HEALTH BENEFIT PLAN? a, YES O if yea,return to and complete Item 9 a-d. READ BACK OF FORM BE13.INSURED'S OR AUTHORIZED PERSON'S SIGNATURE i authorize 12.PATIENT'S OR AUTHORIZED PERSON'S SIGNATURE I authorize the release of any medical or other information necessary payment of medical benefits to the unders!gned physician or supplier for to process this claim.I also request payment of government benefits either to myself or to the party who accepts assignment services described below. 1 below. SIGNATURE, ON FILE 11 14 99 �. SIGNED_. __ DATE SIGNED_ let 14,DATE OF CURRENT: ILLNESS(First symptom)OR 15.IF PATIENT HAS HAD SAME OR SIMILAR ILLNESS. 16.DATES PATIENT UNABLE TO WORK IN CURRENT OCCUPATION N } Fold M D ccident)OR GIVE FIRST DATE MM DD YY MM i DD i YY MM DTD t YY ' � 9 PREGNANCY(LMP) FROM TO i 17.NAME OF REFERRING PHYSICIAN OR OTHER SOURCE 17a,I.D.NUMBER OF REFERRING PHYSICIAN 18,HOSPITALIZATION DATES RELATED TO CURRENT SERVICES MM DD YY MM , DD YY FROM TO 19.RESERVED FOR LOCAL USE 20.OUTSIDE LAS? $CHARGES 11YES F^r''0 1 21.DIAGNOSIS OR NATURE OF ILLNESS OR INJURY.(RELATE ITEMS 1,2,3 OR 4 TO ITEM 24E BY LINE) 22.MED I AID RESUBMISSION ORIGINAL REF.NO- E I 1 I 46 0 LUMBOSACRAL- PRAIN/ E 847 4 CERVICA,LT SP 23,PRIOR AUTHORIZATION NUMBER 2. L 847—i THORACIC SPRAIN/STR.h L-123-2 CERVICOCRAIJ 24. A B C D E F G I H I J K z DATE(S)OF SERVICE To Place Type PROCEDURES,SERVICES,OR SUPPLIES DIAGNOSIS DAYS EPS RESERVED FOR O Fr Of of (Explain Unusual Circumstances) CODE $CHARGES UORSi FP illy EMG COB LOCAL USE MM DD YY MM DD YY Servic ervi CPTIHCPCS I MODIFIER 09 021 99 0§ 02' 9 1 9894 1 1 2 3 4 � 00 I O 09 02 99 09 02 9S 11 971.40 1 2 3 45 00 Z 2 091 021 99 09' 021 9S 11 9907 1 2 3 00 _ w 15' 99 0 151 9 1 97146S9,1 1 2 3 4 0 09," 09 15 99 09 15. 9 1 98940 1 2 3 40 00 2 09 29 99 09 29 9C 11 98940 1 2 340 00 4 09E 29', 99 0§ 291 9 1 9714 59 ' 1 _2 3 f 4 00 2 O 10, 06 99 10 06 9 11 98940 1 2 3 40 00 i 5 10. 06' 99 10, 06 9 11 971401 1 2 3 4 Ott 10 13i 99 1C! 13 9 1 98940 1 2 3 40 00 10! 13' 99 1 13' 9 1 9714059 1 3 4 00 2 0 25.FEDERAL TAX J.D.NUMBER SS N EIN 26.PATIENT'S ACCOUNT NO. 27.ACCEPT ASSIGNMENT? 28.TOTAL CHARGE 29,AMOUNT PAID 30,BALANCE DUE For govt.claims;see back) 68 0427503 E 180 PI t THER YEs � NC 43 00 $�51�OC LU 31,SIGNATURE OF PHYSICIAN 08 SUPPLIER 32.NAME AND ADDRESS OF FACILITY WHERE SERVICES WERE 33S,� SILLV3 I feME,ADDRESS,ZIP CODE g INCLUDING DEGREES OR CREDENTIALS RENDERED(It other than home or office) 1 FR }NT T TE (I certHy that the statements on the reverse �! iteg�Mrt!ft a par{ er�pf.) DANV I LLE CA 94526 � 1 11�-t1f4i-99 925 743 1738 I SIGTE PIN# GRP# h {APPROVED BY AMA COUNCIL ON MEDICAL SERVICE 8/88) PLEASE PRINT OR TYPE APPROVED OMB-0938-0008 FORM HCFA•1500{12-90), FORM RRB-1500, APPROVED OMS-1215-0055 FORM OWCP-1500, APPROVED OMB-0720-0001(CHAMPUS) PLEASE '91"-" DO NOT STAPLE I C71c e� U II[THIS PATRICIA HOLDERBY Fx AREA 419 EDWARDS CROCKETT CA 94525 PICA HEALTH INSURANCE CLAIM FORM PICA j 1. MEDICARE MEDICAID CHAMPUS CHAMPVA GROUP FECA OTHER 1a.INSURED'S I.D.NUMBER (FOR PROGRAM IN ITEM 1) HEALTH PLAN BLK LUNG (Medicare#} (Medicaid#) ((Sponsor's SSN) (VA Fife#} ( SN or 0) (SSN) 11D} 2.PATIENT'S NAME(Last Name,First Name,Middle Initial) 3.PATIENT'SBIRTH ATE SEX 4.INSURED'S NAME(Last Name,First Name,Middle Initial) i HOLDERBY PATRICIA 05 19 44M FEk Fa dd 5.PATIENT'S ADDRESS(No.,Street) 5.PATIENT RELATIONSHIP TO INSURED 7.INSURED'S ADDRESS(No.,Street) 419 EDWARDS Self r;5pouser Child[] Other CITY STATE 8.PATIENT STATUS CITY_ STATE Singie L] Married� Other D I'- ZIP CODE 7TELEPHON;E(Include Area Code) ZIP CODE TELEPHONE(INCLUDE AREA CODE) Employed Full-Time Part-Time ! } 94525 51 787 2763 L Studartt ❑ Student i t 9.OTHER INSURED'S NAME(Last Name,First Name,Middle Initial) 10.IS PATIENT'S CONDITION RELATED TO! 11.INSURED'S POLICY GROUP OR FECA NUMBER LL G] ui a.OTHER INSURED'S POLICY OR GROUP NUMBER a.EMPLOYMENT?(CURRENT OR PREVIOUS) a.INSUREMD''S DATE O F BIRTH SEX � YES [ O M F b.OTHER INSURED'S DATE OF BIRTH SEX b.AUTO ACCIDENT? PLACE(State) b.EMPLOYER'S NAME OR SCHOOL NAME a MM DD { YYM F LfElow XNO +� c.EMPLOYER'S NAME OR SCHOOL NAME c.OTHER ACCIDENT? c.INSURANCE PLAN NAME OR PROGRAM NAME YES LU �'�� t= d.INSURANCE PLAN NAME OR PROGRAM NAME 1 Od.RESERVED FOR LOCAL USE d.IS THERE ANOTHER HEALTH BENEFIT PLAN? YES E:kNO N yes,return to and complete Item 9 a-d, READ BACK OF FORM 13EFORE COMPLETING A SIGNING THIS FORM. 13.INSUREDS OR AUTHORIZED PERSON'S SIGNATURE I authorize 12.PATIENT'S OR AUTHORIZED PERSON'S SIGNATURE I authorize the release of any medical or other information necessary payment of medical benefits to the undersigned physician or supplier for i to process this claim.I also request payment of government benefits either to myself or to the party who accepts assignment services described below. below. SS, I GNATURE; ON FILE 11 14 99 SIGNED-. DATE _.__ SIGNED tat 14.[SATE OF CURRENT: j ILLNESS(First symptom)OR 15.IF PATIENT HAS HAD SAME OR SIMILAR ILLNESS. 16.DATES PATIE4T UNABLE TO WORK IN CURRENT OCCUPATION Fold MEQ D YY INJURY(Accident)OR GIVE FIRST DATE MM i DD YY MM I DD YY MM I DD 1 YY I} 9 PREGNANCY(LMP) i FROM TO 17.NAME OF REFERRING PHYSICIAN OR OTHER SOURCE 17a,I.D.NUMBER OF REFERRING PHYSICIAN 18.HOSPITALIZATION DATES RELATED TO CURRENT SERVICES MM DD YY MM i DD i YY FROM TO 19.RESERVED FOR LOCAL USE 20.OUTSIDE LAB? $CHARGES E YES O 21.DIAGNOSIS OR NATURE OF ILLNESS OR INJURY.(RELATE ITEMS 1,2,3 OR 4 TO ITEM 24E BY LINE) 22.MEDICAID RESUBMISSION j CODE ORIGINAL REF.NO. 1. i 846 0 LUMBOSACRAL SPR�.IN/� t 847 0 CERVICAL SP 1 23.PRIOR AUTHORIZATION NUMBER 2. L847THC7RACIC SPRAIN/STR L_..23 2 CERVICOCRAN ( I 24. A B �0PT,1HCPCS1 D E F G H I J K Z DATE(S)OF SERVtC Plate�S.�Ywvjg ES,SERVICES,OR SUPPL3E5 DIAGNOSIS DAYS 13SD RESERVED FOR Q From ETo of Unusual Circumstances) CODE $CHARGES OR Family EMG COB LOCAL USE I" MM DD YY MM DD YY Serv' MODIFIER UNITS Pian Q 1 10; ZO i 99 10 20{ 9 1 98940 o 10 201 99 10 201 9 1 9714059 1 2 3 45 00 2 ;? I i i 1 J c 1 t I I I I 1 I d 3 � i I Ili lot Z I I I I 1 U 5 U m a 6 25,FEDERAL TAX I.D.NUMBER SSN EiN 26,PATIENTS ACCOUNT NO. 27.gqGCEPT ASSIGNMENT7 28.TOTAL CHARGE 2�AMOJNTID 30.BALANCE DUE _ P'or govt.claims,see back) 68 0427503 Lel� 180 PI OTHER [ YES P NO � 85 00 $ i _ $_5181 0( 31,SIGNATURE OF PHYSICIAN OR SUPPLIER 32,NAME AND ADDRESS OF FACILITY WHERE SERVICES WERE 33 i i 'S,M"f BILLVG tr G ME,ADDRESS,ZIP CODE INCLUDING DEGREES OR CREDENTIALS RENDERED(If other than home or office) �$t (I certify that the statements on the reverse 177 FRONT ST STE G r ,III egyjrjtq aparior f.) DANVILLE C,.A. 94526 /y 11-14-'99 925 743 1738 n SIGN "" ^ ATE PI GRP# (APPROVED BY AMA COUNCIL ON MEDICAL SERVICE 8188) PLEASE PRINT OR TYPE APPROVED OMB-0936.0006 FORM HCFA-1500(12-90), FORM RRB-1500. APPROVED OMB•1215-0055 FORM OWCP-1500, APPROVED OMB-0720-0001(CHAMPUS) HEALTHCARE RECQVERIES, INC. FED.TAX ID: 61-1141758 P.O. 2102` 37440 TELEPHONE: (800) 925-7893 LOUISVILLE, KY. 40233-7440 CONSOLIDATED STATEMM OF BENEFITS PAGE 1 OF 1 PATIENT' S NAME: PATRICIA HOLDERBY OUR FILE: T1-073857440 HEALTH PLAN: KAISER NORTHERN CALIFORNIA INJURY DATE: 08/30/99 SERVICE PERIOD: 08/30/99 TO 09/30/99 Instructions: 1. Make checks payable to: Healthcare Recoveries, Inc. 2 . Write this number on your check: =-> T1-073857440 CLAIM NUMBER PROCEDURE/SERVICES PROVIDER OF SERVICES SERVICE DATE CODE CHARGES PAID AMOUNT R-74593 ICD9 : 824 . 8 Fx of ankle KAISER-VAL 08/30/99 73610 X-RAY EXAM OF ANKLE $140 . 00 $140 . 00 08/30/99 73630 X-RAY EXAM OF FOOT $140 . 00 $140 . 00 08/30/99 99070 CAST, SHT LEG ADULT $67 . 00 $67 . 00 08/30/99 99282 EMERGENCY DEPT VISIT $105 . 00 $105 . 00 08/30/99 27786 TREATMENT OF ANKLE FRACTU $480 . 00 $480 . 00 08/30/99 450 Emergency Room $105 . 00 $105 . 00 R-1799808 ICD9 : 845 . 0 Spr/str ankle/foot KAISER-VAL 08/31./99 99024 POST-OP FOLLOW-UP VISIT $ . 00 $ . 00 09/09/99 99024 POST-OP FOLLOW-UP VISIT $ . 00 $ . 00 09/30/99 29425 APPLY SHORT LEG CAST $215 . 00 $215 . 00 09/30/99 99024 POST-OP FOLLOW-UP VISIT $ . 00 $ . 00 09/30/99 99070 CAST, SHT LEG WLK ADULT $120 . 00 $120 . 00 JCMOMMEMNTS : ADDITIONAL CHARGES OTAL CHARGES $1, 372 . 00 AID CHARGES $1, 372 . 00 A AYMENT RECDj'Jl n Date h�IALANCE DUE 0YINWA0 14K/0102 0000 T1-073857440 BILL1 SLB99342 1 . 0 16 County Administrator Rlsk Managernent Division Contra. Cost 2530 Arnold Drive,Suite 140 Liability Claims (525)335-1440 Martinez,California 94553 Count fax Number (925)335 1420 7 >. October 14, 1999 .sr Ms. Patricia Holderby 419.Edwards Street Crockett, CA 94525 RE: Claimant: Patricia Holderby Insured: Contra Costa County D/Accident: 48/30/1999 Claim No.: 42976 Dear Ms. Holderby: The above captioned matter was referred to my office for investigation on behalf of the Contra Costa County Department of Public Works. Please complete the enclosed claim form and return it to my office, In the interim I am in the process of completing my investigation of your claim. Should you have any questions, please do not hesitate to contact the undersigned. Sincerely, I. Sharon Hymes-Offord, Liability Claims Adjuster (925) 335-1442 .Enclosure CLAIM BOARD QF SUPERVISORS OF CONTRA COSTA COUNTY, CA11FORNLA BOARD ACTIOI1t MARCH 21, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the ,a Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and FEB 2 3 2010 915.4. Please note all "Warnings". AMOUNT: $500,0(30.00 COUNTY coUNSEL MARTINEZ CALIF. CLAIMANT: John Lonza ATTORNEY: Ganong & Michell DATE RECEIVED: February 18, 2000 ADDRESS: 1981 North Broadway, Ste. 340 BY DELIVERY TO CLERK ON: February 18, 2000 Walnut Creek CA 94596 Unreadable BY MAIL POSTMARKED: I. FRONL• Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR., Clerk Dated: February 23, 2000 By: Deputy 9a� :�� H. FROM: County Counsel TO: Clerk of the Board of Supervisors (,..This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: r YAc Dated: By: Ytyk.�C- - _ Deputy County Counsel III. FRONL Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (-/4 This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:)VW" Al �?_OQO PHIL BATCHELOR., Clerk, By ,'� , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated 7 �a'4 0Zbt3'0 By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator Gum � CLAIM (Government Code § 910, et seq.) VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED February 17, 2000 RECEIVED FEB 18 2000 Board of Supervisors, CLERK BOARD OF SUPERVISORS County of Contra Costa LRA TA 0, 651 Pine Street Martinez, CA 94553 Pursuant to Government Code § 910, et seq., Ganong & Michell makes the following claim: Claimant: John Lonzo Address: 250 Coggins Drive Pleasant Hill, CA 94523 Post Office Address for Notices: CANONG & MICIHELL 1981 North Broadway, Suite 340 Walnut Creek, CA 94596 Date: December 29, 1999 Place: 3100 Oak Road Circumstances: John Lonzo was walking south along east side of Oak Road on the sidewalk located on the 3100 block of Oak Road in unincorporated Contra Costa County and was tripped by a broken, uplifted concrete and a metal grate protruding upward from the sidewalk. Mr. Lonzo fell forward and sustained severe injuries. Damages: Severe head trauma, a broken left humerus (arm), a broken right femur (leg), surgical repair to his leg which required the installation of hardware, hospitalization, transportation by ambulance. Additional surgery is anticipated. CLAIM - John Lanza rebruary 17, 2000 -Page 1- !r.s" Name(s) of employees: Unknown. Amount of Claim: $500,000.00 Duty/obligation of Public Entity: Claimants are informed and believe that the County of Contra Costa designed, built and/or maintained the sidewalk where John Lonzo was injured and that the design, construction and/or maintenance of said sidewalk proximately contributed to the occurrence of claimants' injuries. If you have any questions or comments regarding the aforementioned, please do not hesitate to contact the undersigned at (925) 9350706. Sincerely, GANONG D FqCHELL g An Vic: client CLAIM - John Lonzo February-17,.-2000 -Page 2-- 15'" 00 x Lnc:,- H w Cl ,y } s } i '9µ: CLAIM C-1-1 I DOARD OF SUPERVISORS OF CONTRA COS`T'A COUNTY. CALIFORNIA SOAR® ACTIQ MARCH 21, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given 4 pursuant to Government Code Section 913 andFER 915.4. Please note all "Warnings". AMOUNT: $500 000.00 COLLA��t,:OUNsEL s MARTINEZ CALVF< CLAIMANT: Sean McCaskey ATTORNEY: PETER FL UMAN, ESQ. DATE RECEIVED: FEBRUARY 11, 2000 FLAXMAN & BLAKELY ADDRESS: 591 REDWOOD HIGHWAY, STE. 2275BY DELIVERY TO CLERK ON: FEBRUARY 11, 2000 MILL VALLEY CA 94941 BY MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 11, 2000 By: Deputy R. FROM; County Counsel TO: Clerk of the Board ofSupervisors { t.�'"`I'his claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.0. { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: { Dated: '� - By: L Deputy County Counsel ffi. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:Mg=Q03 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: By: PHIL BATCHELOR Byjo Deputy Clerk CC: County Counsel County Administrator CLAIM 1 130 RD OF SUPER. _ SOR.S_OF CONIRA COSTA COUN'TY., CADENIM► BOARD ACTION MARCH 21, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, 1 NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $1,331.74 CLAIMANT: Jeff Oster ATTORNEY: DATE RECEIVED: February 23, 2000 ADDRESS: 5204 Mochican Way BY DELIVERY TO CLERIC ON: February 23, 2000 Antioch CA 94509 BY MAIL POSTMARKED: February 22, 2000 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 23, 2000 By: Deputy J , AA—�� H. FROM County Counsel TO: Clerk of the Board of Supervisors { LJ"'This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for Ieave to present a late claim (Section 911.3). { ) Other: Dated: 2---2­3100By: CL e� 4 _ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: ( — This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: V 2<U3 PHIL BATCHELOR, Clerk, By �, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFMAVIT OF MAIIItG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated-) �By: PHIL BATCHELOR B Deputy Clerk CC: County Counsel County Administrator .. ............................... psi IEP TON SALES, INC `RWomft Ate kx ON h0m Y Jeffrey S;,Oster West GoW Be al Sawa S M PIS. 06177 '!13 6204 MWM WM/ Ems Fw (926}777-Ml1, .CR 946E jolt can Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY C '7 re INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31,'1987, must be presented not later than the 100x' day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim by ) Reserved for Clerk's Filing Stamp RECEIVE® Against the County of Contra Costa FEB 2000 or CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of$ 1 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) 2• Where did the damage or injury occur? (Include city and County) T V\e-�' 6 dt-A- ar I o &Aa . ------------------------------------------ _------------------------------/--- 3. How did the damage or injury occur? (Give full details;use extra paper if required) J r ria i 't s r� S e.-'I o S o N4- A et6- 0,'s4-ire- 1 J e i f—a- bse + Lo Ia X40 reo4,rvS r c,f; 4 6-I JklL`9�-ll�Ri a-_Uavc o +rAs _ _'_ -o fl� �; -L-t .�9--- tiv 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? rr !i ®'� Ua.. ���'�`�„ U•.t�U C�. �,A,.,J.�,� Y`iz���� �.v a i� �7v '. .J U j (Over) 5. What are the names of county or district officers,servants,or employees causing the damage or injury? + b. What damages or injuries do you claim resulted? (Give full extent of injurtesor damages claimed. Attach two estimates for auto damage.) _ 7. How was the above claimed amount computed? (include the estimated amount of any prospective injury or damage.) 8. 'Names and addresses of witnesses,doctors,and hospitals.'_^_____________________---------------------- ----------------- OY LA- _w ---!____ _ _________________ 9. . List the expenditures you made on account of this accident or injury; DATE ITEM &M-OUNT s Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person behalf," Name and Address of Attorney (Claimant's Signature) (Address} Telephone No. Telephone No. � 7 8 ? 3 NOTICE Section 72 of.the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county, city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim, bill, account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine,or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000}, or by both such imprisonment and fine. ~� Date: 1128100 05:34 PM Estimate ID: 7384 Estimate version: 0 es d e r' Preliminary Profile ID: GLENN'S GLENN'S AUTO BODY 1810 WEST 10TH STREET ANTIOCH,CA 94509 (925)778.1330 Fax: (925)754-5426 Damage Assessed By: GLENN MOFFATT Deductible: UNKNOWN Insured: JEFF OSTER Mitchell Service: 915703 Description: 1994 Acura Legend LS Body Style: 40 Sed Drive Train: 3.21-Inj 6 Cy14A VIN: JH4KA7679RCO28831 Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 600007 BDY REMOVEIINSTALL FRT BUMPER ASSY 1.0 0 2 613850 BDY REMOVEIREPLACE R ROCKER MOULDING 75420-SPO-G01 76.18 0.4 3 900500 BDY* REPAIR REPAIR RT ROCKER Existing 4.0* t 4 900500 REF* REFINISH/REPAIR PAINT RT ROCKER "Qual Repl Part 0.6* 5 AUTO BDY OVERHAUL REAR COVER ASSY 1.8 6 625640 BDY REMOVEIREPLACE REAR BUMPER COVER 71010-SPO-A10ZZ 398.47 INC 7 AUTO REF REFINISH REAR BUMPER COVER C 2.4 0 AUTO REF ADD'L OPR CLEAR COAT 1.0 9 933003 REF ADD'L OPR TINT COLOR 0.00* 0.5* 10 933004 BDY ADD'L OPR UNDERCOATING 10.00* 1.0* 11 933018 REF ADD'L OPR MASK FOR OVERSPRAY 0.00* 0.2* 12 AUTO ADD'L COST PAINTIMATERIALS 105.80* 13 AUTO ADD'L COST HAZARDOUS WASTE DISPOSAL 3.50* *_Judgement Item #-Labor Nate Applies C-Included In Clear Coat Calc Add'l Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount Body 8.2 64.00 10.00 0.00 452.60 Taxable Parts 473.86 Refinish 4.6 64.00 0.00 0.00 248.40 Sales Tax 8.260% 39.08 Non-Taxable Labor 701.20 Total Replacement Parts Amount 51173 Labor Summary 12.8 701.20 ESTIMATE RECALL NUMBER: 1/2610017:34:37 7384 UltraMate Is a Trademark of Mitchell International Mitchell Data Version: JAN_00, A Copyright(C)1994-1999 Mitchell International Page 1 of 2 All Rights Reserved [tate: 1126100 05:34 PM Estimate 10. 7334 —7 .� Estimate Version: 0 Preliminary Profile#!?: t$LEl4FP8 tit. Additlonal Casts Amount IV. Adjustments Amount Taxable Casts 108.60 Customer Responsibility 0.00 Sales Tax 8.250% 3.71 Non-Taxable Costs 3»50 Total Additional Costs 117.31 t. Total Labor. 701.20 If. Total Replacement Parts: 612.73 Ill, Total Additional Costs: 111.111 Gross Total: 1,331.74 lv. Total Adjustments: 0.00 Net Total: 1,331.74 Additional chling2l to the estima#e May be maulred for the actual re I HERBY AUTHORIZE THE ABOVE REPAIR WORK TO BE DONE ALONG WITS THE NECESSARY MATERIALS. GLENNS AUTO BODY CAN OPERATE THE ABOVE VEHICLE FOR PURPOSE OF TESTING, INSPECTION OR DELIVERY. GLENNS AUTO BODY WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE VEHICLE OR ARTICLES LEFT IN THE VEHICLE DUE TO FIRE OR THEFT. GtLENNS AUTO BODY UNCONDITIONALLY GtUAVJkXTZES ALL WORKMANSHIP INCLUDING REFINISHING PXRF0FMED ON YOUR VEHICLE IrOR AS LONG AS YOU OWN YOUR VEHICLE. ALL PARTS SUBJECT TO INVOICE. III' YOUR VEHICLE IS NOT PICKED UP 'WITHIN 4 DAYS OF COMPLETION THERE WILL BE A $20.00 PER DAY STORAGE CHARGE. SIGNED/DATE X ESTIMATE RECALL NUMBER, 112310017:34:37 7334 UltraMate Is a Trademark of Mitchell international Mitchell Date'Version: JAN,-00_A Copyright(C)1994-1999 Mitchell international page 2 of 2 All Rights Reserved � t F + w�`mss,- 5Pti_,�x���. �•f�,��y Sze 4� 2.t' sk ,.. a'o"Sc""'S Y5�� h. � f.^ < '., », a' hm cf S.ps? .�.�, w• .aa,.,f...:. ... r - 'r t " .�c'� 1'<' .t rF,� ;'.'�✓ �9 •.' �` � 4�`s>s. �`p ys�u�`�.�w#<ri ':F .�,F �.y�"5 $� �'v,,.�,'�,SG���..a _. � C �f• h Y lv h Aq ,"1' r r Sym„rm —KIM I-V .,,..�+^^" ,,,•0.,i+ > �, t= d®' � w & ll xA y a fin_ p c � f t x Y�,rX, •Uv x{ r S}an r> .??* r oz f L .t tt c ,, � Y <%^r�£kK .s{�j-Y•�2 �,,.x '�'f y9'x.Cm'"§ac..a.c r,{ n ' sr t,, >2 v y r � r.��,� f, 3�,..,•,.c yr{€, 4�a ''�° 4 Y a G " ..�'^kyx!�' a�a � e S+�:�y` k v � 7 ON .:{A +�-? t 4 �, y y � Ay�gr z✓ �,o,.c '�," � 'l v 1 y �y;f & _ y .. Y .; a �.� an �3i; rf � � .t >ax -n YY ,�c of .� � A x+' •` 4,,o s�'rF��iyb .� � .-.�xc,¢�,f,, aw N� �ty,�,>k �a �, ;°r"°:P�.:3z.�.s'f�.'i,��,�•�. �g��.,�„3�aKf %+fc� P�;^� � -t L rc i e y { k� a !, $ CZ"i t CD m t2 O , � t 0 a Myy y1+ 05 j} v w N v Y CL I lo } GS T � � aC CJ 4 CLAIM BOARD OF SUPERVISORS_OF CONTRA COSIA COUNTY, CA ,iF(MIA BD D ACTIO MARCH 21, 20100 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $221.97 ` a CCu''.Mry CLAIMANT: Dennis L. Sherf field hiARR '; ':L ATTORNEY: DATE RECEIVED: February 18, 2000 ADDRESS: 158 Candy Drive BY DELIVERY TO CLERK ON: February 18, 2000 Vallejo CA 94589 BY MAIL POSTMARKED: February 17, 2000 L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 23, 2000 By: DeputyQeya�t_� __ _­ I H. FRON1 County Counsel TO: Clerk of the Board o Supervisors 'This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: b By: Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DatedY'-'LP" _ / PHIL BATCHELOR, Clerk, Byqm-te , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NLkU- NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18, and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:`?VW_kZ t 0 By: PHIL BATCHELOR By c, 4hA/ Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY c ' - INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to �<:,personal property or growing crops and which accrue on or after January 1, 1988,must be presented not later ..::than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code§911.7.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Roam 106, County Administration Building,651 Pine Street,Martinez, CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. yt RE: Claim by ) Reserved for Clerk's Filing Stamp � RECEIVED c" FEB 18 200 Against the County of Contra Costa CLERK BOARD OF St1PERVISORS or . - ---CONTRA COSTA QO, District) (Fill in Name) The undersigned claimaAit h reb makes claim against the County of Contra Costa or the above named District in the sum of$ I q 7 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Hate and Hour) ------------- 2. Where did the damage or injury occur? (Include City and County) 1 .co c—v—eV� VACC-54- A-i-0-1) .0-k -------------------------- t�----- 3. Dow aid the damage or injury occur? (Give full details;use extra paper if required) tom'��5 fi`ltll vt� �.�'�.:.%�1 �C�'C'�' �� t3 i`t•t^� �c.�`'►� ) C�c-� �� �rt!t" �`t�E�' �-1��. s��c�v� 1Nb�e- ccs ver e'P P �� �- �\O t e- ""d 4-tic-- 4. -What particular act or dinission on the part of county or district officers, servants, or employees caused the injury or damage? 1� i ck (Over) ,auU pun juatuuostxdutt gars- q;oq Sq xo '(00o`OTs) sxuliop punsnoq;ua;gutpoaaxa jou;o auU n Sq 'uosiid ajn;s aqj ui;uauxuosudutl fiq xo'aug pun juatuuostxdutt qans gjoq Cq xo '( 00061$) s tnllop pu<nsnogj auo Sutpaaaxa jou;o auk n Sq 'xr�aS auo nug; axout ;ou;o por tad n x03 tinf Sjunoa aqj ui juamuosudun Sq xagjta alqugsiund st'gut;tx,u xo 'xaganon'junoaan 'iltq`tumI3 ;uainpnux;xo aslni gut,'auinua2 3t atuus aqj Sud xo .uollu o;pazxtotpnu'xaaU;o xo pxuoq;au tp ao S;ta 1Sjunoa Sun of.to'.taagto.xo p.tnoq a;n;s Sun o;juautfiud.10110 aauumoiln xo;sjuasaxd'pnnx;ap of jua;ut gj!m logni uosxad Sxan3„ :sapenoxd apoj luuad aq;3o ZL not;53s ��► I10N 02 oK auogdaiay •oK auogdaia jL "1 t (ssaxppy) (3.IT4vu3l .S s'; nuttni3) Sauxoj;d 3o ssa tppV pun xavK �i"3ingaq stg uo uosxad autos {q to (Rau.touv) :o jL saji jLom amas ;uuunuia aq;Sq pauSts aq jsnut tutnia agy„ :saptnoad Z-016 -33Sapa:) •nos iatnowv Wail alva :Sxnrut xo juaptaan stg;3o junoaau uo apnta no C saxtr;tpuadxa ag;;s"I •6 -------------------------------------------------------------- -siu;tdsoq puu'sxo;aop isassauj!mjo sassa.tppn pun sautnK -g ( aaxutep xo fan�+p a,►paadso.td,Cue jo yunoute pa;eutpsa aip apn;aul) Lpa;ndwoa;unotun patuteia anogn aqj snnA,:wog -t, - r��� �t'� -�7''�C� .Sl✓+t�pi f�7/,lS':'�� 1 -}�+ _ (•asslunp u;ne ao;saputpse o o g3itov *paupers sasumvp so samnitgjo;uaoa mv agg) Zpa;insax uttuia noS op sitxnCut xo sa2nu[np ;nqA 4 e O - ¢ U � ���`` ` ,�fixnfut xo a�ntttup ag;�utsnna saaSaidtua xo's;unn.tas's.taa�;o jau;stp xo S;unoa,io sautuu ag;axs jngm '� m _ ca 974 .4 zox ARM.. 10, 4 h g J Co -#--D L + b s CLArnI BOARD OF SUPF.T2'VTSORS OF t'�[`)N'rRe C SJA COtT1VTY CAIEMNIA BOARD ACTIOItt MARC21 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given k r� D pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $282.20 . j GE 2ttia``t COU;,iSSL. CLAIMANT: Linda I. Woody MA,=TNEZCAUF. ATTORNEY: DATE RECEIVED: February 22, 2000 ADDRESS: 1955 Sequoia Court BY DELIVERY TO CLERK ON: February 22, 2000 Martinez CA 94555 BY MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 22, 2000 By: Deputy e-t II. FRON 1 County Counsel TO: Clerk of the Board df Supervisors { t,,KThis claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: ._ '- ' By: Aw ti Deputy County Counsel M. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:b T—A 611, +:) PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (5) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.5. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF N14UJ NG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:_ By: PHIL BATCHELOR By Deputy Clerk ZI CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. «<:: Claim to: BEARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTR CTIENS TO CLAIMA, T A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 33, 1987, must be presented not later than the Me clay after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 19513,most be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt.Code§911.2.) B. Claims must be tiled with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinet,CA 94553. C. 1f Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in, D. N the claim is against more than one public entity,separate claims must be filed against each public entity. E. Ftud. See penalty for.fraudulent claims, Penal Cade Sec.72 at the end of this forth. RE: Claim by ) Reserved for Clerk's Filing.Stamp RECEIVED Against the County of Contra Costa FEB 2 or CL A BOARD OF S E 0.S R3 District) CO TRA (Fill in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S 2fand in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact Date and Hour) 10C1 or Z, Where did the damage or injury occur? (include city and county) 3. How did the damage or injury occur? t Give iiai detatis;me extra paver it requiredPe 'C )1_ 4 � l r4 (f- ( lyl'(r� ) � -�, o �- ' 4. What particular act or omission on the part of county or district officers, servants, or employees caused th+t- )/f;4-- " injury or damage? f-- ,. "`d�� _. _.. f (Over) ) f C6u-t44- 4z', b) `f r 5. What are the names of county or district officers,servants,or employees causing the damage or injury? 6. What damages or injuries do you claim resulted? (Give fail extent of inlurles or damars claimed. Attach two estimates for auto damage.) r �-t _fvLL, 4t� s `7 � Cts_>f i �E ,� f��tc �� bt ou'lC" +t, t1L i ' J:-V'G �C...ILC 'C -----------------____________________________________________________________________ How was the above claimed amount computed? (Include the estimated amount of any prospective injury or damage.) r r cL, t_ etc d v c' - ' 1 r t r t. ell ------------------------------------------------------------------------------------- S. Names and addresses of witnesses,doctors,and hospitals. -------------------------------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE MM AMOUNT aaaa * * sass * a # * aa * * aa * aa * aaa * a * aaaaa * * aaaaaaa * aa * * aa * aaa Gov.Code Sec.910.2 provides: "The claim mast be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney {Claimant'! Signature} 17 r11"t Address) Telephone No. Telephone No. aaaaaaa * aaaaaa * saxaaaaaaaaaaaaaaaa * aaaaaaaaaaa * aaaaaaaa NOTICE Section 72 of the Penal Code provides: "Even,person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand dollars (SI,000),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(520,000), or by both such imprisonment and fine. !c A� w L l: li �{ Z"" ►. a"+ f. l r ii �f tti .r ��� y 1.�,�r � ' d � ♦Z}?�", ��,�, a ,.'*ter .,C .'+ .. . , 2'. { Jaw % • iC iz i - _ f q ; t dd CLAIM 6_y/5— BOARD QE SUPERVISOM COSTA COUNT',.CA1<1FORNiA BOARD A00 MARM 21, -2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: L $158.75 ,; ., CLAIMANT: Linda I. Woody ATTORNEY: DATE RECEIVED: February 22, 2000 ADDRESS: 1955 Sequoia Court BY DELIVERY TO CLERIC ON: February 22, 2000 Martinez CA 94553 BY MAIL POSTMARKED: hand-Delivered I. FRONL• Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk February 22, 2000 Dated: By: Deputy , Il. FROM; County Counsel TO: Clerk of the Board ofSupervisors { %,-)'This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 2 -2- -L-AD By: y� `i L, -Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: (yQ This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: 1 9-000 PHIL BATCHELOR, Clerk, By -9 , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF N kH ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: ? o2,i9-. By: PHIL BATCHELOR By gDeputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. 4 Claim to: BOARD OF SUPERVISO F CONTRA COSTA COUNTY INSTRUCT. TQ CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100'* day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrete on or after January 1,1988,must bre presented not later than six months after the accrual of the cause of action. Claimtrr relating to any other cause of action must he presented not later than one year after the accrual of the cause of action. (Govt.Code§911.2.) B. Claims must he flied with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 fine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District sliould be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. fid. See penalty for.fraudulent claims, Penal Code Sec.72 at the end of this form. RE:Claim by Reserved for Clerk's Filing Stamp � RECEIVEDAgainst the County of Contra Costa or FEB 2 2 2U00 CLER S(}ARD OF SUPERVISORIS ) STA CCt, (Fill in Name) District CONTRA CO The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact nate and Hour) ----------------------------------------- 2. _______________________________________ 2. Where did thery damage or injury occur? (lneiude City and County) ---------------- 3. -- ,._ .._- »3. How did the damage or injury occur? (Give s+an details;use extra paper itrequired) F jj,�.... i f 'L�t{% 1 _ r y --------------------------------------------------------------a;______-_____--y------ , 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage" Jac tozo, te, "tt s '� �. � t - (Over ")d r . 5. What are jthe names of county or district officers,servants,or employees causing the damage or injury" 6. What damages or injuries do you claim resulted" (Give tml extent of injuries or damages claimed. Attacks two estimates for auto damage.) - _How was the above claimed amount computed" {include the estimated amoant of any prospective injury or damage.) iCt 14 8. Names and addresses of w•itnes Cj,doctors,and hospitals. -} -_________________________________________________________________________ 9. mist the expenditures you made on account of this accident or injury: DATE ULM AN101-*T "` a # * ra * a3 at * * # A a * a * ata * * # * * x a4 * as a at to a as ak * a at * a a ak tt aY at aQ as * at at * * Or 1t at Gov.Code Sac.914.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Jf —(Claimants Sigdature) �L ) ti, E"_ (Address) L'' ) Telephony No. Telephony Ivo, 1-�JY" NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or par the same if genuine,any false or fraudulent claim,bill,account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand dollars (SlJM0),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars($14,400), or by both such imprisonment and fine. .....r..vwv.a.s—r w.Mrw was WLL A.VnL,UAM IAV WO S!Ndw tO1&m�)Trio v*Kw siRL FJO 01 CMBM AMV d Ul WROV d)DWO DOM u*uomV�390"AVW noA Avi A8 OM'CiN w60A 0 0 0 13 0 0 13 OJO 13 0 I fill I fag i A I I oil :E Ak W IJ I i ❑0 ©O Ic LU to G AS oil cc q vx Ai Ira .: r5 of � ri . ------------------ ---__ — _—...».� __ ,�w — 1 "`Pfi�;r `rt —ewe.— ,'�...+.� - .,-- --..._..,,r.----l.—� I ( �► .. .. � "�-' '..sFg-� �' 3� .�� .� �' - 4� � * � r �., f .. .. «�" u. 1 .R .mak ' .,;-♦ <� �� � -�'a �- re }'*� t t i f F s.. 'N as � .r .� X..g z f'�S�*�� �` 'fin�� '"' •�{�".. . s<" ,;y H,� �'f "t ti'` =i, t��..,`ys.'q .,T�f .�a'`*� "..,'++*7r " � � � . q � 3 a eyy� J a all 1-=. CLAim ' RQARD C}F SUPERVISM OF CONITRA COSTA C()1L NIL CALIF RNIA BOARD AC`I1011t March 21, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 andr7l 915.4. Please note all "Warnings". AMOUNT: $457.50 VM CLAIMANT: Linda I. Woody ATTORNEY: DATE RECEIVED: February 22, 2000 ADDRESS: 1955 Sequoia Court BY DELIVERY TO CLERK ON: February 22, 2000 Martinez CA 94553 BY MAIL POSTMARKED: Hand-Delivered L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim.. PHIL BATCHELOR, Clerk Dated: February 22, 2000 By: Deputy 11. FRONL• County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( } Other: Dated: C ) By: --'r Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:M&keL ,... 24, 7AXTC, PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFMAVTT OF NIAII.ZNG I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 185 and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated)l'tG V� L) By: PHIL BATCHELOR By � eputy Clerk :aunty Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT � A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100- day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988,must he presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt.Code§911.2.) B. Claims most be filed with the CIerk of the Board of Supervisors at its office in Room 106, County Administration Building,631 Pine Street,Martinez,CA 94553. C. If Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Frau See penalty for,fraudulent claims, Penal Code Sec.72 at the end of this form. RE: Claim by } Reserved for Clerk's Filing Stamp RECEIVED Against the County of Contra Costa FEB or 2 2 2000 CLERK BOARO OF SUPERV RS District) CONTRA COSTA CO. (Till in Name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of S `TO and in support of this claire represents as follows: 1. When did the damage or injury occur" (Give exact Date and Hour) -_ r ' --------------------------------------------------------- 2. 'Where did the damage or injury occur? (Include City and County) 3. How did the damage or injury occur? (Give he detaus;use extra paper if required) /t 4. What particular actoromission on the part of county or district� kers, secants, orem loyees caust d the injury or damage? P Y 1'1'C.. - bo 44) j 1. li-l-cl "j (Over) + 4 f / t Cvl// f r f1 � / (/�//J 5. What are the names of county or district officers,servants,or employees causing the damage or injury? -1` � P._�-t � -------------------------------------- a. What damages or injuries do you claim resulted? (Give full extent ofinfuties or damages claimed. Attach two estimates for damage.) ��'����� ��"r �� G-�''L L{ �`-,.�y}.,,_,'f.,..Zt_,,�. _.�'M G� r-�J�t, 4`'"��•� ,+`""^�' ��� �'1���.���1! CC"G2`'C�' ------------------------------------------------------------ %. How was the above claimed amount computed? {Include the estimated amount of any prospective in}ury or damage.) 1 yn, -6 8. Names and addresses of witnesses,doctors,and hoi`tals, 1------------rlt�Ident 9. List the expenditures you made on account of this or injury: {,v i-144 DATE %T I AMOUNT 0[2-71q,- {J Or st * s a * a * Is Ar * * ,t Ar Or * * e a x * Is Gov.Code Sec.910.2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) or by some person on his bekalf." Name and Address of Attorney {yj \ z c Z (Claimant's signature) }��} (Address) 10 Telephone No. Telephone No. NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county,city or district board or officer,authorized to allow or pay the same if genuine,any false or fraudulent claim,bill,account,voucher,or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a Bine of not exceeding one thousand dollars(S14WO),or by both such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars(510,000), or by both such imprisonment and fine. /y, ,, V: I _ t f411� y ^v .r t ` IIIA Y+. Vi 100 00: -nc } . + :? x,�. �"•�: .fie aW, ,t, - •a'4vF�l .. �7� _ �:��'' b;� tl� �V r T,4 4 7 :rS'. 'i A •IF:� g 'g . iii-� �,{:,._' f .!.,r.•*: iG N fh ��� .. .,�5,�-: _ h•. _gyp r. MM 4 _ FOW KIM LVW flV t AW VrM f&AAV^.AfYtK ArN'wit'"a f. 4"moV9 of X v PA^u PPV TI+0.IY=PYL/9Ma a�YV\Mrf'{1r'n A '3 p 00 ------_ --- -- ..__ ----_ �J fir"�y 1 � i 11JJ V 1 1 40 Apr T Ira C a< on no girl m .. !Ir > 3130 > > ' I Z. m C'3 m c z 'j ffly f �M � , © 00000 , 000013 — — -------------------- _�— FORM NO.2" OV!A1A/ Vr%l i tAAV t'Ut%^Vr_AL$^i CrM/If M\IC[R C+i■Yv/ I—V r.111 1—1^ r0. AeAy. yYly.�r � A i .r i, - ���.r�'``"t++7''s•-r"� 1""'�'�2` a a� y..C�,�'`aa, AMMED CLAIM l �pARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFOIA BOARD AC11dAE MARCH 21, 2000 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Sectior references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 11�t 51 915.4. Please note all "Warnings". AMOUNT: Greater than $50,000.00 COut4n C©115EL CLAIMANT: William Duffel and Elena C INFZ,CAV-IF, ATTORNEY: Carl J. Calnero DATE RECEIVED: February 16, 2000 ADDRESS: c/o Carl J. Calnero BY DELIVERY TO CLERK ON: February 16, 2000 Law Offices of Porter, Scott, Hand-Delivered Weiberg & Delehant BY MAIL POSTMARKED: 53a2ARIN0 y 4yg2�e, Ste. 200 L FRONE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 16, 2000 By: Deputy _9&7%,— 0 IL FROM- County Counsel TO: Clerk of the Board of Supervisors {v<This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.$). { ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: 3 a-�e ,� By: V� � 'A Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: fel ( This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated MA t.sO PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFMAVTT OF NMR-ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated-A� r •2 02�.y: PHIL BATCHELOR By _ Deputy Clerk CC: County Counsel County Administrator Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335-1800 Martinez, CA 94553 Fax:(925)646-1078 Date: February 16, 2000 To: Clerk of the Board Attn: Joan Staley, Deputy Clerk From: Victor J. Westman, County Counsel By: Monika L. Cooper, Deputy County Counsel Re: Claims of William Duffel and Elena Canzani --------_____W__ Please process the attached documents as amended claims. The two sets of documents amend the two previous claims of Mr. Duffel and Ms. Canzani, filed on or about February 1, 2000. Thank you for your assistance. If you have any questions, please contact me at 335-1862. H ATorftM*moel3StdwV01.wpd REC D St3Af;D of SUp 'StH�S i CONFIDENTIAL ATTORNEY CLIENT DOCUMENT February 10, 2000 i Law Offices of PORTERSCOTT = F WEIBERG & DELENANT Phil Batchelor A ProfessioncaCoToration Clerk of the Board of Supervisors and County Administrator Contra Costa County 350_University Ave. Suite 200 County Administration Building Sacramento,CA 95825 651 Pine Street, Room 1.05 P.O.Box 255428 95865 Martinez, CA 94553-1293 (915)929-14131 FAX(916)927-3706 e-mail:info@psn•dlaw.com Re: Coblev. Canzani, et al. U. S .District Court, Northern District of CA Court Case No. C99-4708 WHO Our File No. 1686-0001 J.hn W.Delehant Edwin T.Weiberg A Iming Scott Dear Mr. Batchelor: Russell G.Porter Anthony S Warburg Ned P.Telford We are in receipt of our Notice to Claimant of Late- Jame=_-K.Mirabell p y Craig A.Caldwell Filed Claim, dated February 7, 2000, in which you assert Terence JCassidy.: --: that our claim was not presented within six months of the Torii H.Bailey Carl:J.Calnero event or occurrence, pursuant to Government Code §§901 RnssJ.SheWunderar -: and 911 . 2 . We are also in receipt of the Nancy J.Sheehan p governmental NormanV Prior claim which you returned to our office, stamped by your Stephen E,Hoaine_. office as having been received on February 2, 2000. In Stephen E.Horan El:saUngeraan - the above-entitled matter, Ms . Coble filed and served a Carl den Padua lJ.Ba tm complaint upon our client, William Duffel on October 25 'Vtichnel J.Seymsh. p p / , David A.Melton 1999 . In the first instance, the injury to Mr. Duffel VnessaW.Wha occurred on October 25, 1999, the day the complaint was Vanessa W.Whatrg Dennis C.Huie filed, as this was the day when attorney' s fees began to Michael W.Pott KelliagneAkbar accrue. However, and more importantly as to the County' s Daniel M.Sternberg wrongful conduct, the County has most recently provided rack Woodside Jonathan A.Corr an implicit denial of its obligation to provide defense KrisunaM Hall and indemnity insurance coverage under its Lease Alden J,Parker AxeryE.Dority Agreement with Mr. Duffel . That wrongful conduct on the R.N.E.Werdemanpart of the County occurred on January 10, 2000 . Denise A.Carnamli - LaraS.Hiller' Scan W.Allen RalphR Nevis -. Darrir.M.Meneaes- :. ShaneSingh00010591.W PD Phil Batchelor, Clerk February 10, 2000 Page 2 This claim was timely filed and needs to be addressed accordingly by the County. Otherwise, when we file suit Law Officesof against the County, these details will be specified in my PORTER, client' s challenge to the claim that there was not a SCOTT timely filing. WEISER $ DELEMAl+IT Accordingly, please address our governmental claim, as it A ProfesnomdCorporrzkion has been timely filed in both circumstances . Very truly yours, PORTS , SCOTT, WEIBERG & DELEHANT A P of ssio 1 CorDoration By art J. Calnero CJC:rin Enclosure cc: William Duffel Jan Holmes, Deputy County Counsel 00010591.WPD ==OF February 1, 2000 Law Offices of PORTIE SCOTT WEIBERG $c Clerk, Board of Supervisors DELENANT Contra Costa County A Professional Corporation Administration Building 651. Pine Street, Room 106 Martinez, CA 94553 350 University Ave. Suite 200 Sacramento,CA 95825 Re: Coble v. Canzani, at al. P.O.Sox 255428 95865 U.B. District Court, Northern District of California (916)929-1481 Court Case No. C99-4708 WHO FAX(916)923-3706 Our File No. : 1686-0001 e-mail:info@pswdlaw.com Dear Sir or Madame: Please find enclosed a Claim for Breach of Contract and Jahn W,Delehant Indemnification submitted on behalf of our clients, Edwin TWeiberg. :: William Duffel and Elena Canzani. We have enclosed one A.Irving Scott Russell G.Porter- original and one copy of same. Please return an endorsed Anthony S.Warburg copy to our office in the enclosed envelope. Ned P.Telford Jaynes K.Mirsbell Craig A.Caldwell If you have any questions or concerns, please feel free TbrenceGmH' alley Cassidy :.-. to contact the undersigned. .Tam H.Bailey_ Carl J: Bailey :. Russ 1.Wunderli Very truly yours, Nancy.J.Sheehan- Norman V.Prior Timothy KMaine:. PORTjr SCOTT, WEIBERG & DELEHANT Ste*Elisa hE.HaranA PsioFCnero orae n Hhsaiingerman-:Carl L.FessendenMichael J.BaytoshDavid A..MeItonJennifer Duggan....: ByVanessaW Whang- - l Dennis C.Huie Michael W Pact Kelliannc Akbaz Daniel M.Steinberg CtTC/n ,,� Jack Woodside Jonathan A.Corr Enclosures Kristina M.Hall - Alden J.Parker:. Avery B.Dority Robin E.Weideman Denise A.Carriaroli Lam S.Hilley Sean:)&'_Allen Ralph:R Nevis Darrin M.itlenezas Shane Singh C:WATA\CALNER0\C0ELE1CLA1M.L01 Claim of William Duffel CLAIM FOR BREACH OF CONTRACT and Elena Canzani AND INDEMNIFICATION V. Contra Costa County 1 To the Clerk of the Board of Supervisors of Contra Costa County: You are hereby notified that William Duffel and Elena Canzani, who may be reached through their attorney at the address stated below, claims damages from Contra Costa County in an unknown amount which exceeds the limited jurisdiction of the Superior Court. This claim is based on breach of contract and request for indemnification. Claimant entered into a ground lease with Contra Costa County on September 1, 1598, regarding property at 1420 Danzig Plaza, Concord, California. Contra Costa County is currently in possession of the property operating a mental health facility. Mr. Duffel and Ms. Canzani are being sued by Ms. Coble who alleges that the property at 1420 Danzig Plaza does not conform with provisions of the Americans with Disabilities Act of 1990, the federal regulations adopted pursuant thereto, and violates provisions of the California Civil Code. 1. Pursuant to the Contra Costa County-Duffel lease, Section C(4) (a true and correct copy of the lease is attached hereto as Exhibit A) , Contra Costa County was required to name Duffel as additional insured under the County's Public Liability self-insurance plan. Should the County deny responsibility with regard to this lawsuit, it is in breach of contract. Also, because the County may have "self-insured" as to Duffel and Canzani, its bad faith denial of the duty to defend and/or indemnify is an act of first party bad faith in violation of the California Insurance Code. Damages for breach of the implied covenant of good faith and fair dealing may be had in situations in which the insurer acts tortiously, such as a bad faith refusal "without proper cause" to bestow the policy benefits. (California Shoppers, Inc v Royal Globe Ins. Co. (1985) 175 Cal.App. 3d 1, 55. ) when an insurer refuses to defend, the insurer breaches contract and relieves the insured of his contractual obligations to the insurer (see generally, Samson v. Transamerica Inc _ ren_ (1981) 30 C. 3d 220. Prior notice of non--coverage is treated as a repudiation of the policy and an anticipatory rejection of a tender of defense and of the duty to indemnify, and the insured may hire personal counsel to represent him in the underlying action and may settle with the claimant. Ud--) C ADATA\CALLA ERMC08MCLAIM.I 2 . pursuant to Section B(3) (Exhibit A) , the Contra Costa County agreed to indemnify and hold harmless Mr. Duffel for any claims arising out of negligent acts, errors or omissions of the County. County is thereby required to indemnify and has a duty to defend. In this regard, the County and/or its agents designed, approved and/or accepted the tenant improvements and, in the process, failed to ensure ADA compliance. The Board should note, pursuant to Section C(8) (Exhibit the prevailing party in an action brought to interpret or enforce this lease is entitled to attorney's fees, in addition to recoverable damages and costs. Claimants' damages with regard to the breaches of contract and indemnification are in an unspecified amount greater than $50, 000 and are continuing to grow, which would exceed the jurisdiction of the court. All notices or other communications regarding this claim are to be sent to claimant's attorney as follows. Carl J. Calnero Porter, Scott, Weiberg & Delehant P.O. Box 255428 Sacramento, CA 95865 Tel: (916) 929-1481; Fax. (916) 9273706 Datep. February 1, 2000 Carl J. Cal Attorney for William Duffel and Elena Canzani C:0ATA\CALVER0\C HLE\CLAIM.I 1 DECLARATION OF SERVICE BY MAIL 2 1 an a citizen of the United States and a resident of Sacramento County, California. I am over the age of eighteen years 3 and not a party to the within above-entitled action. My business address is 350 University Avenue, Suite 200, Sacramento, California. 4 I am familiar with this Company's practice whereby the 5 mail, after being placed in a designated area, is given the appropriate postage and is deposited in a U. S. mailbox in the City of Sacramento, California, after the close of the day's business. 7 That on February 1, 2000, 1 served the following: 8 CLAIM FOR BREACH OF CONTRACT AND INDEMNIFICATION 9 on all parties in the said action as addressed below by causing a 10 true copy thereof to be: I X __ placed in a sealed envelope with postage thereon fully 11 prepaid in the designated area for outgoing mail: 12 delivered by hand: 13 telecopied by facsimile: 14 express mailed: 15 Clerk, Board of Supervisors 16 Contra Costa County Administration Building 17 651 Pine Street, Room 106 Martinez, CA 94553 18 I declare under penalty of perjury that the foregoing is 19 true and correct. 20 Executed at Sacramento, California on February 1, 2000. 21 chole C. Crum 22 23 24 25 25 27 28 LAW OFFICES OF PORTM,5COTL WEMERG&DEL ANT A PROFESSIONAL CORPORATION C.\DATA1CALNFR0\C0BLF\C1AIM,1 350 UNIVERSITY AVE.,SUITE 200 RC.BOX 255428 SACRAMENI f,CA MRS (918)929-1481 LEASE ILE OF CONTENTS .. r TO CONTRA COSTA COUNTY FOR 1420 DANZIG PLAZA CONCORD,CALIFORNIA SECTION A:BASIC TERMS AND CONDITIONS A.1, PARTIES: ......................................................................................................1 A.2. LEASE OF PREMISES:..................................................................................I A.3. TERM: 2 A4. RENT:..................................................................... .......................................2 A.S. EXTENSION: .................................................................................................2 A.S. UTIL ITIES:.....................................................................................................5 A.Z MAINTENANCE AND REPAIRS:............................................... .. ..........5 A.S. NOTICES:............................ 7 A9. ATTACHMENTS:........................................................... 7 A.10. WRITTEN AGREEMENT:...................................................... .....................7 A.11. RECORDING................................»,....,...,.......,..........»..........................».........7 A.12. TIME IS OF THE ESSENCE.........................................................................8 A.13. SIGNA'T'URE BLOCK.....................................................................................8 SECTION B: STANDARD PROVISIONS H.I. HOLDING OVER:........................................... .... .9 8.2. USE OF PREMISES...................................... .. ...............................a,...,».. ...............9 8.3. HOLD HARMLESS:......................................................................................9 BA. ALTERATIONS,FIXTURES,AND SIGNS:................................................9 8.5. DESTRUCTION:..........................................................................................10 8.6. {QUIET ENJOYMENT:..................................... .......................................10 B.7. DEFAULTS: ............................................................................................... 10 B.S. EMINENT DOMAIN:.......................... 8.9. RIGHT OF FIRST REFUSAL........................................................».............12 8.10. SUCCESSORS AND ASSIGNS: ............. ...................................................12 8.11. SEVERABILITY:.........................................................................................12 8.12. WASTE;NUISANCE:.................... ..............................................................12 8.13. SURRENDER.OF PREMISES............................»,..,.».....................,...........,12 SECTION C: SPECIAL PROVISIONS C.1. SERVICES BY LESSOR..............................................................................13 ,4 C.2. PROPERTY TAXES:....................................................................................13 C.3. ASSIGNMENT OR SUBLEASE:................................................................13 CA. LIABILITY INSURANCE.....................................:............»....,..............,....14 C.S. FIRE AND EXTENDED COVERAGE INSURANCE................................14 C.6. RENTAL INTERRUPTION INSURANCE..............................................»».15 C.7. HAZARDOUS MATERIALS......................................................................15 C.B. ATTORNEYS'FEES....................................................................................16 C.9. ARBITRATION............................................................................................16 C.10. ACCOMPLISHMENT OF IMPROVEMENTS...................................».......17 ' &I I. COMPLETION AND OCCUPANCY........................... ...............18 EXHIBITS 1 EXHIBIT A: PREMISES f EXHIBIT B: PARKING LOT EXHIBIT C: BUILDING REPAIRS EXHIBIT D: LESSOR AND COUNTY IMPROVEMENTS ILAS 1420 Danzig Plaza Concord,California for Health Services Department SECTION A: BASIC'PERMS AND CONDITIONS A.I. PARTIE Effective on SCZ=ber 1. 1998, William R. Duffel and Lynette S. Duffel 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: r. A.2. LEASE OL"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: Atwo-story office building containing approximately -wYy 14,484 square feet, commonly known as 1420 Danzig Plaza, Concord, California, more particularly described in"Exhibit A" attached hereto and made a part hereof,together with exclusive use of the building parking lot , more particularly described in "Exhibit B" r attached hereto and made a part hereof.LESSOR and COUNTY also agree that"Exhibit B" represents available parking spaces prior to lot restriping and provision of disabled parking spaces. Restriping of the parking lot and provision of disabled parking spaces will result in a different configuration than shown in"Exhibit B". LESSOR guarantees a minimum of fifty-one(5 1)parking spaces(48 standard 9'wide spaces and 3 disabled parking spaces). Both LESSOR and COUNTY acknowledge that this Lease is subordinate to an existing underlying ground lease dated June 30, 1967,made by and between Elena Canzani,et al,as .� t lessor ("Ground Lessor") and the Duffel-Smoot companies, a California corporation as. lessee,("Vestecs")recorded July 27, 1967,Book 5415 OR,Page 752,amended August 1, r 4} 1967. The Vestees' interest was assigned to William R.Duffel and Lynette S.Duffel,his wife as joint tenants,by assignment recorded April 1, 1969,Book 5843,OR,Page 839. , LESSOR warrants that this Lease does not conflict with any provisions of the ground lease. A3. T1: The term of this 1 ae shall be seven(7)years,commencing Septi"'',er 1, -� 1995 and ending August 31,2005. A,4. Although the effective date of this Lease is September 1, 1995, the obligation , of the COUNTY to pay rent shall not commence until COUNTY has accepted the building in accordance with the completion and acceptance of improvements as specified in Section C.11: CQMP XTION An OCA' MAN .Y of this Lease, 1fCOUNTY acceptance of building occurs after the first day of the month,rent shall be prorated for the month. Subject vd to the foregoing, COUNTY shall pay to LESSOR.as rent for the use of said premises a monthly rental as follows,payable in advance on the first day of each month during the term of this Lease. hn BzdQd Monthiv Rental September 1, 1998 through August 31,1999 $ 11,225-00 September 1, 1999 through August 31,2000 $ 11,225.00 September 1,2000 through August 31,2001 $ 11,450.00 September 1,2001 through August 31,2002 $ 11,6`15.00 September 1,2002 through August 31,2003 $ 11,900.00 September 1,2003 through August 31,2004 $ 12,125.00 September 1,2004 through August 31,2005 $ 12,350.00 Paymentsshall be made to: William R.Duffel or Lynnette S.Duffel and mailed to: ::- L. r William R.Duffel&Lynnette S.Duffel 461 Gaylord Court t Sacramento,CA 95864 A.5. FXT I+I: This Lease may, at the option of the COUNTY,be extended, as described below,upon the same terms and conditions,except that subject to Subsection D hereof,the rental shall be adjusted as follows: A. First Option: For a six(6)year term.,commencing September 1,2005 and ending August 31,2011,at the following rental: lime Perio Monthly Rental September 1,2005 through August 31,2006 $ 12,720.00 September 1,2006 through August 31,2007 $ 13,100-00 `2' September 1,2007 through Aur •31,2008 $ 13,480.00 .E September 1,2008 through August 31,2009 $ 13,860.00 f : September 1,2009 through August 31,2010 $ 14,245.00 September 1,2010 through August 31,2011 $ 14,625.00 B. Second Option: For a six (6) year term, commencing September 1, 2011 and ending August 31,2017,at the following rental: Time Period M=Wy Rental September 1,2011 through August 31,2012 $15,010.00 September 1,2012 through August 31,2013 $15,390.00 September 1,2013 through August 31,2014 $15,770.00 September 1,2014 through August 31,2015 $16,150.00 September 1,2015 through August 31,2016 $16,535.00 September 1,2016 through August 31,2017 $16,915.00 C. Third Option:For a four(4)year ten(10)month term,commencing September 1, :`: 2017 and ending June 30,2022,at the following rental: Time Period N1nthl Re r' September 1,2017 through August 31,2018 $17,295.00 September 1,2018 through August 31,2019 $17,680.00 September 1,2019 through August 31,2020 $18,060.00 September 1,2020 through August 31,2021 $18,440.00 September 1,2021 through June 30,2022 $18,825.00 D. At the end of the initial seven year term and end of each extension period,the monthly rent as shown herein above for the succeeding extension period may be adjusted,either upward or downward,in accordance with this section. LESSOR k warrants to COUNTY that he has a commitment from American River Bank ("Bank") for a new mortgage loan for the Premises in the principal amount of $1,000,000.00 at an initial interest rate of 8.35%amortized over a period of 25 years ("1998 Loan"). The 1998 Loan is commensurate with the terms of the lease,including all extension periods. The terms of the 1998 Loan include interest -3- rate adjustments whic' incide with the initial term and each extension n of . this Lease. The first interest rate adjustment will occur in seven years,at the end ' ` of the initial Lease term. Subsequent interest rate adjustments will occur at the end of each lease extension period. Bank has warranted that the interest rate for the life of the 1998 Loan will not be increased beyond 11.35%. LESSOR shall provide to COUNTY full documentation of the 1998 Loan and interest rate adjustment terms. The parties agree that at the time of any interest rate adjustment required by Bank i or its successor in interest,monthly rent for the applicable extension term may be adjusted either upward or downward by the difference in the LESSOR's monthly 1998 Loan payment,up to,but not to exceed,an interest rate increase of 3%. For example, at the end of the initial seven year term of this Lease, the remaining balance of the 1998 Loan will be approximately$887,183.00. If at that time the adjusted interest rate should increase to 10%,calculation of the monthly rental payment adjustment would be as follows: Adjusted hate:$887,183 x 10%over remaining 18 years $8,870 per month Original Rate:$1,000,000 x 8.35%amortized over 25 years $7,951 per month Difference: $919 per month COUNTY's monthly rent as shown herein above for the first extension period would increase by$919.00 per month;for example rental amount for the period from September 1,2005 through August 31,2006 would be$12,720.00+$919.00 or$13,639.00 per month,OR If the adjusted interest rate should decrease to 7%,calculation of the monthly rental payment adjustment would be as follows: Original hate:$,000,000 x 8.35%amortized.over 25 years$7,951 per month Adjusted Rate:$887,183 x 7%over remaining 18 years — $7,235 per month Difference. $716 per month COUNTY's monthly rent as shown herein above for the first extension period would decrease by$716.00 per month;for example rental amount for the period from September 1,2005 through August 31,2006 would be$12,720-$716.00 or $12,004.00 per month. ---a Calculation of the interest rate adjustment shall be based solely on the r� remaining balance and the remaining years of the 25 year amortization term of the 1998 loan. Prior to any monthly rental adjustment,LESSOR shall provide written notice and full documentation of the new loan interest rate to the COUNTY.Said adjusted rate shall be approved by the COUNTY and shall be the best commercial a rate available at the time the loan must be renegotiated. E. Any claim or dispute arising out of or relation to this Section A.5.Extension shall be settled by neutral binding arbitration in accordance with SectionC9. Arbitration hereof. F. it is understood and agreed COUNTY shall give LESSOR thirty(30)days prior written notice of its intention to exercise any option to extend this Lease. Howev- er,in the event COUNTY does not give such written notice,its right to exercise any option before termination of the Lease shall not expire until fifteen (15) working days after receipt of LESSOWs written demand to exercise or forfoit said option. A,b. > tT r Tt,1MS_: COUNTY shall pay for all gas, electric, water, sewer and refuse collection services provided to the demised premises. In the event that an enclosure for refuse is rewired,LESSOR,at its sole expense,shall provide the enclosure. A.7. MAIi4TT N NCE � CAIS: As part of the consideration for this lease, LESSOR has agreed to complete certain repairs and improvements listed in"Exhibit C" attached hereto and made a part hereof. The responsibilities of the COUNTY,under the terms of this lease,for maintenance and repair shall become effective only after LESSOR'S repairs listed in"Exhibit C"are completed.and are accepted in writing by the COUNTY. 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 factures,closers and hinges. 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 -S- 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. COUNTY shall repair and 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. D. COUNTY shall maintain a quarterly maintenance contract for the heating, ventilating,and air-conditioning systems. LESSOR shall be responsible for repairs and replacement of the heating ventilating,and air conditioning systems in excess of$500.00 per occurrence. E. COUNTY shall provide routine maintenance of the parking lot,landscaping,sprin- kler system,and exterior lighting system. COUNTY shall be responsible for minor repairs such as replacement of sprinkler heads,shrubberies, and repair of minor potholes in the parking lot. LESSOR shall be responsible for repair of alligatoring, cracking, and deterioration of the parking lot pavement. LESSOR shall be responsible for resurfacing,sealing and restriping of the parking lot. F. LESSOR shall be responsible for major repairs,code compliance,and replacement of the elevator system. COUNTY shall maintain a routine maintenance contract for the elevator system and be responsible for replacement of incidental items such as the light bulbs in the elevator. G. LESSOR shall provide and install, at the direction of the Fire Marshal, the E k. necessary number of A-B-C fire extinguishers for the premises. COUNTY shall thereafter maintain,repair,and replace said extinguishers. t H. LESSOR shall be responsible for the correction of any code violations which may exist in the premises,provided LESSOR shall not be liable for correction of codeV violations which arise out of and are directly related to a change in COUNTY's occupancy or use of said premises. r; A.$. BIOTIC' •S: 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 ;•':c;::';'':;;:... G: -5- 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. William R.Duffel and Lynnette S.Duffel 461 Gaylord Court Sacramento,CA 95864 To County: Contra Costa County General Services Department _ Lease.Management Division 1220 Morello Avenue,Suite 100 Martinez,CA 94553 A.9. AT'>dCHMENTS: Section B,Standard Provisions;Section C,Special Provisions; Exhibit A: Premises; Exhibit B: Parking Lot; Exhibit C: Building Repairs; Exhibit D: LESSOR and COUNTY Improvements are attached to this Lease and are made apart hereof. A.10. WRITTEN A ARE .MENTI 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 are not a part of this Lease,nor shall they be considered in construing the intent of this Lease. i? A.11. RECORDING: A Memorandum of Lease shall be executed and recorded by the parties hereto. This will be in lieu of recording the entire instrument. Upon termination of this Lease, COUNTY shall execute a Quitclaim Deed to LESSOR to clear Lease from 4 ate. :r LESSOR's title. rw. j:• 4. f. t: -7_ _ A.12. TIME IS OF THE ESSLivCE of each and all of the terns and provisions of this, . lease. A.13. SIGNATURE BLOCK MUM LESSOR COUNTY OF CONTRA COSTA, a political subdivision of the State of ` California r By ` Director of General Services William R.Duffel , By RECOMMENDED FOR APPROVAL: L ette S.Duffel � lJ By 1 Director, dapital Facilities and Debt Management Deputy Genekil Services tiector By Direct r of Planning&Evaluation, A4M Health Services Department ILL By ..e. ,, Lease Manager APPROVED AS TO FORM: VICTOR J.WESTMAN,County Counsel By Deputy LEASE 1420 Danzig Plaza Concord,California for Health Services Department SECTION B: STANDARD PROVISIONS B.I. HH? !G : Any holding over after the term or extension of this Lease as provided 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. USEF PREYf�S: The premises shall be used during the term for purposes of conducting various functions of COUNTY and COUNTY related services. B3. HARBU ESS: 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,including attorneys"fees,arising out of negligent acts, errors or omissions of the COUNTY, its officers or employees. 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 ff results in damage to any person or property. Y LESSOR agrees to 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,including attorneys`fees,arising out of negligent acts,errors or omissions of the LESSOR,its agents or employees. B.4. t��'��ATI+I NS FTXTURE"t,.ADM 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 _9_ t termination of this Lease,all sig...,to meet with existing code requirements and LboSOR's approval. Any such alterations, signs or fixtures shall be at COUNTY"s sole cost and expense. B.S. 12ESMIC11ON A. In the event of damage causing 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 being made, such proportionate reduction to be based upon the extent to which the 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, 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 shall terminate this Lease. B.6. 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 frilly performs hereunder. . B.7. DEA_ UM: In the event of CO`[JNTY'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 -10- mai~terminate the Lease and quit the premises without further cost or obligation or may proceed to repair the building or correct the problem resulting from the breach and deduct the cost thereof from rental payments due to LESSOR,provided that COUNTY has given LESSON, written notice of said breach and provided that LESSOR. has not made a substantial effort to correct said breach. $.8. EhUNEY.NT DOMAIN; A. If any part of the premises shall be taken as a result of the exercise of the power of eminent domain or be conveyed to any entity having such power under threat of exercise thereof (both of such actions being hereinafter referred to as "condemnation")this lease shall automatically terminate as to the portion of the premises which is condemned as of the date physical possession of such portion is taken be condemnor. Any damages to the remainder of the premises sustained by the COUNTY and/or LESSOR as a result of said condemnation action shall be decided in court or by negotiation and agreement with the condemnor. B. If the remaining part of the premises will not be reasonably suitable for the COUNTY's use at the time of said taking,this Lease may be terminated by either LESSON,or COUNTY,at any time by written notice within thirty(30)days after the date possession of the condemned portion is taken by condemnor. If the remaining part of the premises will be reasonably suitable for the use in effect at time of said taking,this Lease shall continue in full force and effect as to such remaining part If this Lease is not so terminated,as of the date of such taking,the rent shall continue at a reduced amount based on the remaining square footage usable by COUNTY. The LESSOR shall be entitled to the condemnation award attributed to his interest in the real property and the COUNTY for the taking of its leasehold interest, fixtures and equipment,leasehold improvements,relocation expenses,and other award not related to the value of the real property. Nothing herein contained shall prevent LESSOR and COUNTY -11 W J .7 from prosecuting claims in any condemnation proceedings for the value of their prospective interests. B.9. RIGH OF FIRST REEDS : Should LESSOR or his successor in interest during the lease term or any extension thereof,elect to sell the leased premises,LESSOR shall give COUNTY prompt written notice of such intention and of any offer. COUNTY shall have ninety (90) days in which to meet the terms and conditions of such offer. If COUNTY does not act within said 90-day period,LESSOR shall be free to sell the premises in accordance with the terns and conditions of said offer. B.10. S t - ESSS.M ANDA SIGNS: 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.11. 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.12. : COUNTY shall not commit,or suffer to be committed,any waste upon the leased premises,many nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the leased premises are located. B.13. SIMM NM OF ERI;, SR On the last day of the said term, or sooner t 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 4' 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. COUNTY shall not be liable . for painting the interior of the demised premises upon termination of this Lease. -12- I LEAS 1420 Willow Pass Road Concord,California for /health Services Department SECTION C: SPECIAL PROVISIONS C.I. SERNICES BY LESSO 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 time during the term of this Lease. COUNTY shall pay to LESSOR one hundred percent(100%)of the costs of said services. 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 said service. C.2. PROPEM T�_ Ate: COUNTY shall pay to LESSOR.within thirty(30)days after being requested to do so by LESSOR,as additional rental,one hundred percent(1'00%)of the City and/or County taxes levied against Assessor's Parcel 126-380-008, in any year during the term of this Lease,except COUNTY shall not pay any increase resulting from a change in ownership of the property. Said taxes shall be prorated for the first and last years of the term hereof. C.3. ASSICzDMffM OR SUBLEASE: COUNTY shall have the right to assign this Lease during the term of this Lease and extension terms with LESSOR'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 related programs during the term of this -13- Lease and extension terms witho—-ESSOR's written approval. In event of such sudlease, COUNTY shall remain responsible for payment of rent and meeting the obligations and conditions under the terms of this Lease. CA. LIARTMIX INSIMANC : 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 and GROUND LESSOR shall be included as additional insured under the COUNTY'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. JURE AND EXTENT)F'T)COWMAGE NSIM NCE: COUNTY shall,at its sole cost and expense during the term of this Lease or extension thereof, either purchase, commercial insurance or at its option maintain a program of self-insurance providing protection against loss or damage to the premises against loss caused by the perils of fire, lightning and those afford by the standard all risk Special Donn endorsement The demised premises shall be insured for its replacement cost and protect the interests of the LESSOR and any lender or mortgagee having a financial interest in the premises. In the event of any damage to the premises covered by such insurance,the insurance proceeds shall be utilized for the repair, reconstruction or replacement of the damaged portion of the premises. However,in the event of complete or constructive total loss of the premises,whether insured or not,the proceeds shall be made payable to the LESSOR and any lender or mortgagee having a financial interest in the premises,as their interests may appear and the lease shall terminate in accordance with 0c. iitn ,DEST UC TION, It is understood and agreed that the COUNTY may elect to include the premises for protection of loss or damage caused by the perils of earthquake and/or flood and that any loss or damage to the premises caused by the perils of earthquake and/or flood shall only inure -14- to the benefit of the COUNTY a.--not to the LESSOR or any lender or mortgagee Having a financial interest in the premises. C.6. RIMANT ,t,�PTION�'INSURANCE: COUNTY,at its sole expense,shall maintain throughout the term of this Lease, rental interruption or use and occupancy insurance to cover loss,total or partial,of the rental income from or the use of the premises as the result of any of the perils covered by the insurance required by this Lease in an amount sufficient to pay the part of the total rent hereunder attributable to the portion of the premises rendered unusable for a period of at least one(1)year. Any proceeds of such insurance shall be applied to abated rental and to the prepayment of rental payments as provided in this Lease. C.7. BA7. R QXJS MATk`RIAL LESSON.has informed COUNTY that there are asbestos containing building materials(ACBM) in certain locations on the subject premises. LESSOR warrants that the ACBM are in good condition and do not pose a health hazard at this time or in the foreseeable future. COUNTS.'"may inspect the premises from time to time to monitor the condition} of the ACBM. In the event COUNTY, in its sole opinion, determines that all or any portion of the ACBM requires treatment,LESSOR shall,at its sole cost and expense,immediately treat the ACBM in accordance with law. This in no way relieves the LESSOR of any responsibility he may have to inspect the premises or monitor the condition of the ACBM. LESSOR,its successors,assigns and guarantors,agree to indemnify,defend and hold harmless COUNTY, its officers and employees from and against any and all damages arising from the presence of asbestos or other Hazardous Materials upon or about the premises, or arising in any manner whatsoever out of violation of any law or regulation pertaining to.the promises and the activities thereon,unless such damages exist solely as a result of negligence or willful misconduct of COUNTY. "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,classifitu or regulated as being"toxic","hazardous",a"poi►utant" or similar designation under an),federal state or local law,regulation or ordinance. C.B. A11ME S'FEE : if LESSOR or COUNTY brings any legal action to interpret or enforce this Lease,or for damages for any alleged breach hereof,the prevailing party in any such action shall be entitled to reasonable attorneys' fees as awarded by the court or arbitrator,in addition to all other recoverable damages and costs. C.9. ARBITRATION. Any dispute arising from Section A.S.Extension ,subsection D shall be settled by neutral binding arbitration before a single arbitrator. Any demand for arbitration must be made in writing to the other party. No demand for arbitration may be made after the date on which the institution of legal proceedings based on the claim,dispute or other matter is barred by applicable statue of limitations. Not later than thirty(30)days after delivery of written demand for arbitration,the parties shall select an arbitrator. The arbitrator shall have substantial experience in leasing issues in the geographical real estate market where the Leased premises are located. The arbitrator shall conduct an arbitration under the provisions of the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Contra Costa County, California, unless the parties agree in writing to another location. If the parties cannot agree on an arbitrator within the thirty(30)day period,the matter will be submitted to the American Arbitration Association ("AAA') for the immediate selection of the arbitrator. Costs and fees of the arbitrator shall be borne by the nonprevailing parties unless the arbitrator for good cause determines otherwise. Each party shall pay its own attorneys fees, expert and non expert witness expenses and other costs and expenses incurred in ' connection with the arbitration. The parties shall have the right to discovery in accordance with Code of Civil Procedure sections 1283.05 and 1283.1 as long as the arbitrator's permission shall not be required to take a discovery deposition and discovery by means of interrogatories and requests for admission shall not be permitted. All discovery disputes shall be resolved by the arbitrator. The arbitrator shall have no power to modify the provisions of this Lease. The arbitrator -16- shall render a final written decision on all matters subject to the arbitration,including factual findings and the reasons that form the basis of the decision within thirty (30) days of the arbitrator's appointment. The arbitrator's decision shall be binding on all parties. The arbitrator's decision to challenge only(i)on the grounds set forth in California Code of Civil Procedure section 1286.2, or(ii)based upon the arbitrator's incorrect application of the substantive laws of California. The parties shall each have the right to file with a court of competent jurisdiction an application for temporary or preliminary injunctive relief,writ of attachment,writ of possession,temporary protective order,or appointment of a receiver if the arbitrator award to which the applicant may be entitled may be rendered ineffectual in the absence of such relief of if there is no other adequate remedy. C.10.®CCOMPLISH?AENT Old'IMPROVEMENTS- A. LESSOR and COUNTY agree that LESSOR shall construct improvements per plans and specifications as prepared by Architectural Network Inc.,plot date 6-25- 99,.Addendum#1 dated 7122/98, labeled"Exhibit D" which are made a part hereof. Copy of said plans and specifications are available at Contra Costa County General Services Department, 1220 Morello Ave., Martinez, CA. LESSOR and COUNTY mutually agree that LESSOR is responsible for payment for completion of certain building improvements allocated to the LESSOR and COUNTY is responsible for payment for completion of certain tenant improvements allocated to the COUNTY in "Exhibit D," which are attached hereto and made a part hereof B. LESSOR shall not make or cause any changes in said plans or specifications allocated to the COUNTY without prior written consent of COUNTY.LESSOR shall make changes, additions or deletions upon written Change Order from ... r COUNTY and such items shall be charged at a rate not to exceed direct cost plus 10%. COUNTY reserves the right to inspect during construction of improvements as specified herein,but will not interfere with LESSOR's work and will notify LESSOR of any requests,recommendations or discrepancies. -17- C. If by October 1, 1998, LESSOR has completed the all repairs listed in Exhibit C: C'r, qtr tr BUILDING REPAIRS and all improvements allocated to both the LESSOR and COUNTY listed in Exhibit D: LESSOR AND COUNTY IMPROVEMENT and they are accepted in writing by the County Lease Manager,or designee,rent shall commence effective October 1, 1998. In the event LESSOR cannot deliver the premises by October 1,1998,rent shall not commence until the first workday after all the building repairs and LESSOR and COUNTY improvements are completed and are accepted in writing by the County Lease Manager or designee. If the improvements are not completed by December 1, 1998,COUNTY may,at its sole discretion,terminate this Lease by giving LESSOR written notice,with no cost or obligation on the part of the COUNTY. D. Upon LESSOR's written request,the dates in this paragraph shall be extended by the time lost as a result of work stoppages,strikes,shortages of material or Act of Cod;provided such time is entirely beyond LESSOR's control. C.11. COMP . TION AND OCCUPANCY- The following procedure shall apply for completion,acceptance,and payment for the remodeling of the building,hereafter called improvements. A. UPON LESSOR's completion of improvements and written notice thereof to the County Lease Manager,COUNTY shall inspect within three(3)workdays after receiving said notice and shall accept or reject said improvements within six(6) workdays of receipt of such written notice. B. The sole basis for rejection of the improvements shall be nonconformity with plans and specifications or applicable laws or ordinances. In the event COUNTY rejects the improvements,COUNTY shall provide LESSOR with a reasonably detailed list of the deficient portions or details of the improvements. C. LESSOR shall immediately commence to complete or correct the rejected portion. -18- L... D. COUNTY shall reimburse LESSOR for 100% of the costs of Tenant Improvements allocated to COUNTY and approved by COUNTY in writing as provided in Exhibit D:LESSOR and COUNTY Improvements. Upon lease execution, LESSOR may submit to the COUNTY a properly documented progress payment request on the form provided by or approved by COUNTY for rap to 50%for expenses incurred by the LESSON.in completing the COUNTY'S bl improvements. LESSOR shall provide lien releases from all contractors and suppliers, together with request for payment. Upon receipt of properly documented request from LESSOR, COUNTY shall make the next progress payment of 25%upon 756/6 of completion of COUNTY's tenant improvements and a final 25%progress payment upon 100%completion and acceptance by COUNTY of the COUNTY's tenant improvements. LESSOR shall provide lien releases from all contractors and suppliers,together with request for payments. E. Acceptance of said improvements shall not constitute a waiver of any warranty of any defect in regard to workmanship or material of the improvements on said premises. EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: PARKING LOT EXHIBIT C: BUILDING REPAIRS EXHIBIT D: LESSOR.AND COUNTY IMPROVEMENTS 19 Those parcels of land in the City of. Concord, County of CE,LS Contra Costa, st a of C?.lifornia, describe-' follows: j, ea_,t X d' PARCEL ONE Portion of the Rancho Monte Del Diablo, described as follows: Commencing at the southwest line of the parcel of land described in the deed to Peter E. Ca.nzani, recorded April 8, 1938, Hook 465, Official Records , page 69 at the northwest line of the parcel of land described in the deed to V. Earl Mulkins, et ux', recorded September 15, 1955 , Book 2610, Official Records, page 293 ; thence from said point of commencement, north 570 17' 15" east, along said northwest line, 217.91 feet to the northeast line of said Mulleins parcel; thence north 320 42' 45" west, along the direct extension north 320 42 ' 45" west of said northeast line, 25 feet; thence north 57* 17' 15" east, 61.09 feet; thence northeasterly and northwesterly, along the arc of a curve to the left with a� radius of 75 feet, through a central angle of 91° 44' 37", an are distance of 120.09 feet to the actual point of beginning of the herein described parcel of land; thence from said point of beginning, continuing northwesterly, along the arc of said last mentioned curve to the left with a radius of 75 feet, through a central angle of 4° 17$ 47", an arc distance of 5. 63 feet; thence north 380 45' 09" west, tangent to the last curve, 96 .02 feet to a line drawn parallel with and distant 2 feet southeasterly, measured at right angles from the south line of the strip of Land described as Parcel One ixi the deed to Contra Costa County, recorded May 23, 1956, Book 2772, Official Records, page 598; thence north 510 14' 5111 east, along said parallel line, 386.81 feet to the west line of the parcel of land described as Parcel One Ln the deed to the State of California, recorded September 17, 1959, Book 3455, Official Records, page 137;, thence south 080 071 29" west, along said west line, 187.42 feet to a 'point which bears north 57° 17' 15" east, from the point of beginning; thence south 570 17' 15" west , 251.62. feet to the point of beginning. EXCEPTING FROM PARCEL ONE: A right of way (not to be exclusive) for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas , oil and sewer pipe lines , and for telephone, television service, electric light and power lines, together with the necessary poles or conduits, as an appurtenance to the remaining lands of the grantor, or any portion thereof, over that portion thereof lying within the parcel of land described in Parcel Two herein. PARCEL TWO A right of way (not to be exclusive) for use as a roadway for vehicles of all 'kinds, pedestrians and animals, for water„ gas, j .. EXHZBi t A Pg. Z Of 3 - _Y a _ �/.S' oll and sewer pipe lines , and for tel-ephone , television service , electric °light and power lines , together with the necessary poles C." conduits , as an appurtenance to Parcel One above, over a portion of the Rancho Monte Del Diablo, described as follows : Commencing at the southwest line of the parcel of land described in the deed to Peter E. Canzanik recorded April 8, 193811 Book 465, Official Records ,, page 69, at the northwest line of the parcel of land described in the deed to V. Earl Mulkins, et ur, record- ed September 15, 1555,, Book 2610, Official Records , page 293 ; thence from said paint of commencement , north 570 171 15" east , along said northwest line, 12 feet to the actual paint of beginning of the herein described parcel of land; thence from said point of beginning, north 320 42' 45" west , parallel with the southwest line of said Canzani parcel, 70 feet ; thence southeasterly. and easterly along the arc of a curve to the left with a radius of 20 feet , through a central angle of 900 , an arc distance of 31.42 feet ; thence north 57� 17 ' 15" east , tangent to the last curve, 247 feet ; thence north-- easterly and northwesterly , along the arc of a curve to the left with a radius of 50 feet , through a central angle of 960 02' 24" , an arc distance of 83. 81 feet ; thence north 38° 45 ' 09" west , tangent to the last curve, 61.18 feet; thence northwesterly and southwesterly, along the arc of a curve to the left with a radius of 20 feet, tangent to the last course, an . arc distance of 29 . 50 feet ? thence south 560 44 , 11" west, tangent to the last curve, 156411 feet to a line drawn Parallel with and distant 2 feet southeasterly, measured at right angles, from the south line of the strip of land described as Parcel One in the deed to Contra Costa County,. recorded May 23, 1956; Book 2772, Official Records , page 598*thence north 510 14 ' 5.1" east , along said parallel line, 396.96 feet ; thence south 450 45 + 31" west, 156. 11 feet; thence southwesterly and southeasterly, along the arc of a curve to the left with a radius of 20 feet i . through a central angle of 840 30 ' MO", an arc dls.tance of 29.50 feet ; thence south 380 45 ' 09" east, tangent to the last curve„ 61 , 18 feet ; thence southeasterly and southwesterly, along the arc of a curve to the right with a radius of 100 feet , through a central angle of 96 .02 ' 2411, an arc distance of 167. 62 feet , thence south 570 171 15" west, tangent to the last curve, 267 feet to the point of beginning. EXCEPTING FROM PARCEL TWO: That portion thereof lying within Parcel One above. PARCEL THREE A right of way (not to be exclusive) for use as a roadway for vehicles sof all kinds , pedestrians and animals , for water, gas, Oil and sewer pipe lines , and for telephone, television service , EXHIBIT A Pg. 3 of 3 `lines , ogther with the necessary poles .or conduits, at an appurtr,nance to Parcel One above, or any portion. thereof, over a portion of the Rancho Monte Del Diablo described as follows : ' Beginning on the southeast line of Parcel One above, at the west line of the parol of land described as Parcel One in the deed to the State of California, recorded September 17, 1959`, Book 3455: Official Records , page 137, .thence from: said paint of beginning, south 08° 07' 29" went , along said west line, 58.16 feet ; thence south 57° 17t 15" west, 197,.57 feet ; thence northwesterly, along the are of a curve to the left with a radius of 100 feet, through a central angle of 15° 02' 00", an are distance of 26.24 feet; thence north 57a 17 ' 15" east ;, 169.87 feet; thence north 320 421 45" west, 19 feet to the southeast line of Parcel One above ; thence north 57° 17 ' 15" east, along said southeast line , 58.12 feet to the paint of beginning. -3- Exhibit B IT, t 00 40 too POP t � r EXHIBIT A Pg. 3 of 3 Cda pal �- � - - or -lines , ogctherwith the necessary poles ,.or conduits, ash an appurt-enance to Parcel One above, or any portion thereof, over a portion of the Rancho Monte Del Diablo described as follows : ' Beginning on the southeast line of Parcel One above, at the west line of the parcel of land described as Parcel One in the deed to the State of California, recorded September 17, 1959", Book 3455, Official Records , page 137; thence from; said point of beginning, south 080 071 29" west , along said wrest line, 58.16 feet ; thence south 57° 17' 15" west, 197.67 feet ; thence northwesterly, along the arc of a curve to the left with a radius of 100 feet , through a central angle of 15a 02' 00% an are distance of' 26.24 feet ; thence north 57° 17' 15" east, 169.87 feet; thence north 320 42 ' 45" west, 19 feet to the southeast line of Parcel One above ; thence north 570 17' 15" east, along said southeast line, 58.12 feet to the point of beginning. ..3_ e �W-'._.. � .o.� .,c•..��.. ®�. .�.... �.:i:-.; .. .:.o:,. -.., ..�...d ..rte �. �. o i,,�a-(� Exhibit 6 � OFq i � t L�i«t?ltrt a i o' 00 i - .. N.1 1-000 Q � r 90 EXHIBIT C: B,,.LDING REPAIRS Exterior Work ms Paint building exterior Stripe and seal parking lot Repair,level and replace as necessary uneven concrete walk-way and rear patio. Provide required handicapped parking spaces Prune trees to prevent damage to roof and prevent danger to parking lot Trim foliage clear of building and walkways Repair sprinkler system Roof-clear drains of debris,patch as required to provide watertight roof Roof mounted HVAC equipment: Secure equipment on platform to prevent tearing of roof Repairs to specific HVAC units:Units#1 &42-Replace the gas valves;Unit 43-Replace compressor contactor;Unit#4-Replace the heating induced draft monitor Windows-reglaze and caulk as required Interior Rork Items =, Modifications to building entry door to comply with ADA requirements Modifications to elevator to comply with ADA guidelines Modifications to restrooms to comply with ADA guidelines Paint entire interior of building Replace stained ceiling tiles Repair rusted window hardware Repair broken window woodwork ledges Replace filming on windows,as needed Replace worn carpet or credit COUNTY$4,400.00 if COUNTY elects to totally replace carpet !1 4 EXHIBIT D: LESS:JR AND COUN nI IMPROVEMENTS ITEM LESSOR COUNTY 1.General Requirements Permits&Licenses(51,525.) 380.00 1,145.00 Supervision-7 weeks($12,000.) 3,000.00 9,000.00 General Labor-7 weeks($6,000.) 1,500.00 4,500.00 Misc.Materials($1,000.) 250.00 750.00 Job Phone&Fax($500.) 125.0073 5.00 Final Cleaning 750.E Subtotal $6,005.00 $15,770.00 2.Demolition Debris Boxes&Hauling 850.00 Remove Walls,Doors Frames 7 .5Q.QO &Hardware,Carpet&Suspended Ceiling Subtotal 3,100.00 3.Sitework New Concrete Rear Walkway 3,750.00 Shrubbery Removal/ADA Parking 500.00 Irrigation Repair 350.00 Tree Removal at Building Rear 600.QQ Subtotal 5,200.00 4.Metals Handrail @ Stairs 1,980.00 Wall Stiffeners 480.00 Grill Above Windows 1.330.00 Subtotal 1,980.00 1,810.00 5.Wood&Plastics Cabinets,Counters&Shelves 2,250.00 Counter(Reception area) 8, 00 00 Subtotal 10,850.00 6.Thcrmal&Moisture Protection f Wall Insulation 720.00 Roof patch at exhaust fan 800.00 (4 @$200.00 each) Subtotal 1520.00 7.Doors&Windows New Sidelights 3@$600.each 1,800.00 ; New Doorframe&Hardware 1@$2,000;4 @$1,625 each 8,000.00 20 Minute Doorframe&Hardware 13,000.00 i (13 @$1,000.Each) Reception Windows 3800.00 20 Minute Door with Glass Windows 6,000.00 (3 @ 52,000 each) 10"Kick Retrofits(6 cr7$250.each) 1,500.00 HardwarwDouble Door _400,Q0 Subtotal 1,500.00 33,000.00 3 EXHIBIT D: LESSOR AND COUNTY IMPROVEMENTS ? yz G ITEM LESSOR COUNTY 8. Finishes CREDIT:Carpet Replacement (4,400.00) Sheet Vinyl(5 @$660.00 each 2,640.00 660.00 Marlite Wainscoat 960.00 Paint:New Walls,Patches,New 1,700.00 Paint&Stain:Door,Cabinets& 3,750.00 Eases Remove Baseboards 250.00 Partitions&Walls 11,600.00 Ceiling Tile Repair 750.00 Floor Tile Repair 800.00 New GWB/Restroom 800.00 Subtotal 3,440.00 16,070.00 9.Specialties Bath Fixtures Grab bars-4'(5 @$80.00 each) 320.00 80.00 Grab bars-3'(5 @$65.00 each) 260.00 65.00 Toilet paper dispenser 40.00 Paper towel waste/dispenser 160.00 Seat cover dispenser 45.00 Vanity mirror(5 @$180.00 each 720.00 180.00 Interior HC signs(5 @$40.00 each) 160.00 40.00 Urinal Scree. 300.00 Toilet Partitions-HC 2,800.00 (4 @$700.00 each) Toilet Partitions-HC 900.00 (2 @$450.00 each) Subtotal 5,160.00 910.00 10.Elevator HC Upgrade 10,400.00 11.Plumbing&Mechanical Drinking Fountain 1,600.00 G. Lavatory SIC 700.00 5,800.00 G's=:;•;= HVAC Modifications 1,275.00 1,500.00 Exhaust fan 400.00 > Fire Dampers 1.000.0Q Subtotal 3,575.00 8,700.00 :':✓'=`' 12.Electrical Exit Signs (7 @$120.00 each) 840.00 Dedicated outlets 530.00 Duplex receptacles 6,300.00 (63 @$100.00 each) Light switches 2,400.00 (20 @$120.00 each) Phone data outlets 5,400.00 (61 @$80.00 each) Removal of Outlets,rewiring 7,150.00 Wire exhaust fan 150.00 Subtotal 840.00 21,930.00 SUBTOTAL 32,900.00 118,860.00 CONTRACTOR'S OVERHEAD 4,112.00 14,857.00 AND PROFIT 12.5% CONTINGENCY 10% 3,290.00 11.886.00 $40,302.00 145,603.00 ROUND OFF TO: $41,000.00 $146,000.00 :. r zx F: r : 1 • • A w . �h 7 k AMENDED CLAS BOARD QE " 1 FRVISMS OF CC}IVTRA C+IISTA !COUNT V CAIIEQRNL& ARD ACT1D11t MARCH 21, 2000 Claim Against the County, or District Governed by l the Board of Supervisors, Routing Endorsements, } NOTICE TO CLAIMANT and Board Action. All Section references are to } The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the , \,q Board of Supervisors. (Paragraph IV below), given tj pursuant to Government Code Section 913 and t 915.4. Please note all "Warnings". AMOUNT: Greater than $50,000.00 COt)NSE Gousv {�At.1F CLAIMANT: William Duffel and Elena CaPNl Z, ATTORNEY: c/o Curl J. Calnero DATE RECEIVER: February 16, 2000 Law Offices of Porter, Scott, ADDRESS: Weiberg & Delehant BY DELIVERY TO CLERK ON: February 16, 2000_- - 350 University Avenue, Ste. 200 -- Sacramento CA 95825 BY MAIL POSTMARKED: Hand-Delivered L 'ROM: Clerk of the Board of Supervisors TOr County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 16, 2000 By: Deputy IL FROM County Counsel TO: Clerk of the Board of Supervisors (This claim complies substantially with Sections 910 and 910.2. { ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days {Section 910.8}. { } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim {Section 911.3}. ( ) Other: Dated: '"� By: � i' Deputy County Counsel M. FROM- Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I , BOARD ORDER; By unanimous vote of the Supervisors present: jC3 This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: Mc PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF NLAU-ING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. 00 Dated _ � By: PHIL BATCHELOR By Deputy Clerk CC: County Counsel County Administrator Ji February 10, 2000 F-7i8#sii OSI COUNTY E i re r � CEIVED Law Offsces of PORTERSCOTT WEIBERG DELEHANT Phil Batchelor OFFICE OF A ProfessionabGorporation Clerk of the Board of Supervisord COUNT "i,` s'+�'3TRAT!Dr` and County Administrator --- -. �..A�., Contra Costa County 3501-TniversityAw, Suite 200 County Administration Building Sacramento,CA 95825 651 Pine Street, Room 106 P.O.Box 255&2895865 Martinez, CA 94553-1293 (916)9291481 FAX(916)927-3706 e-mail:info@lpswdiaw.com Re: Goulart v. Contra Costa County, et al. U. S.District Court, Northern District of Chi Court Case No. C00-0110 CRB John W Detehant. Cour File No. 1656--0002 Edwin T.Weiberg . A 1`, gSco Dear Mr . Batchelor: Russell 0.Potter....... Anthony S.Warburg rd JamesK.Mina - We are in receipt of your Notice to Claimant of Late- James K.Mirabell p -1' Craig A.Caidwell -- Filed Claim in which you assert that our claim was not Terence J. Bailey presented in a timely fashion. According to our records Tom x.$a,ley -. g Carl 1.calnero and the complaint filed in the case, Ms . Goulart is suing Russ Nancy.SheehWunderh -. because of injuries she sustained in October of 1999 . Nancy J.Sheehan Norman V.Prior She subsequently filed a complaint on January 11, 2000. TSmahy M.Blaine. Stephen E.Horan: Elisa Ungerman First of all, the claim on behalf of Mr. Duffel does not Carl L.Pessenden Michael J.Baytosh::: accrue or arise until he has sustained injury, which has David A.Melton clearly been the date the County has denied Mr. Duffel Te=dex Duggan its obligation i p g Uanes:saW whang:. -. gation to provide insurance coverage to defend Dennis C.Huie -. this lawsuit . That denial by the County has only Michael W.Pou .. KellianneAkbar recently arisen by virtue of the County' s tender letter DamelM.Shinberg. of December 29, 1999 . Consequently, Mr. Duffel' s Jack Woodside Jonathan A.Carr - -.... - "injury„ pursuant to the County' s wrongful conduct only Kristian M.Hall accrued on that date. Notwithstanding that fact, even if Alden.J..Parket Avery P_Dority one were to utilize the analysis in your Notice to P-bDevine A.0 mar,ai. Claimant of Late-Filed Claim that Ms . Goulart' s action Dentse A.Cainarflli - - LaraS Hilley arose in October of 1999, the present claim would still Sean W,Allen Ralph P.Nevis Darrin M.Menezes... Shane Singh 00010586.WPC1 9 Phil Batchelor, Clerk February 10, 2000 Wage 2 be timely filed. Pursuant to Government Code §911 .2, a governmental claim must be presented within six months of Law Offices of the event or occurrence . We sent our governmental claim Rt` �iTER to you on February 1, 2000 . You returned said SCOTT governmental claim to our office . It is stamped received WE1619AGi February 2, 2000, by the Clerk of the Board of DELEHANT Supervisors at Contra Costa County. As you can see, we A Professinna[Corporaton are well within the time limit set forth in Government Code §911 . 2 . Accordingly, please address our governmental claim, as it has been timely filed in both circumstances . Thank you for your prompt attention to this matter. Very truly yours, PORTS SCOTT, WEIBERG & DELEHANT A Pr fe,ssional Corpo tion By rk J. a ero CJC : rin Enclosure cc: William Duffel Jan Holmes, Deputy County Counsel 00010586.WPD l,� RECEIVED FEB - 2 2000 February 1, 2000 ClERh 80 RD OF SUP i<fi{ViSUgS CONTRA COS7A CO. Lau Qjf ces of PORTER SCOTT WEIBERG & Clerk, Board of Supervisors DELENANT Contra Costa County A Professional Corporation Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 350 UniversityAve. Suite 200 Sacramento,CA 95825 Re: Gaul rt V. Contra Costa County, at al. P.O.Box 255428 45865 U.S. District Court, Northern District of California (916)929-1481 Court Cate No. COO-0110 CRB FAX(916)927-3706 Our File No. : 1686-0002 e-mail:infoC&pswdlaw.corn Dear Sir or Madame: Please find enclosed a Claim for Breach of Contract and John W.Delehant Indemnification submitted on behalf of our clients, Edw,ingScT. 'tt William Duffel and Elena Canzani. We have enclosed one A Itviag Seott - RusseliG Porter original and one copy of same. Please return an endorsed Anthony S.Warbutg : copy to our office in the enclosed envelope. '.Yid P.Telford James K Mirabel3- Craig A.Caldwell If you have any questions or concerns, please feel free Terence J Cassidy Tom H.Halley to contact the undersigned. Carl.L Calttena :. Russ J..=yJ.Seeha, Very truly yours, tiartcyJ.Sheehan - - Notman V Prior.:.. Timothy K Blaine PORTER, . SCOTT, WEIBERG & DELERANT Stephen E.Horan.. Etts.-Lingerman A Prof cion- Cor t3rat].on Carl L.Fessenden Michael J Haynrsh. - David A.Melton Jennifer Duggan By Vanessa W.wang.. ar 1 r hero Dennis C.Hutu:.. Michael W Pott Kelligtitte Akbar Daniel.M.Steinberg O�.0 `nC Jack Woodside - / Jonathan A.Corr Enclosures Kristina M.Hall Alden J,Parker AueryE.Dnrity Robin E.Weidenrrn Denise A.Camaroli Lara S;.Hilley SeanW..Allen Ralph Rt iYevis Damn M.MaEnezes: Shane Singh C:IUATA\CALNERO\GOULARI1CI AIM.L01 - /,cit? �.y Claim of William Duffel CLAIM FOR BREACH OF CONTRACT and Elena Canzani AND INDEMNIFICAT C :, RECEIVED V. Contra Costa County ��1rn1 / CLERK ARD OF SUPERVISORS To the Clerk of the Board of Supervisors of Contra 'ico, _-, You are hereby notified that William Duffel and Elena Canzani, who may be reached through their attorney at the address stated below, claims damages from Contra Costa County in an unknown amount which exceeds the limited jurisdiction of the Superior Court. This claim is based on breach of contract and request for indemnification. Claimant entered into a ground lease with Contra Costa County on September 1, 1995, regarding property at 1420 Danzig Plaza, Concord, California. Contra Costa County is currently in possession of the property operating a mental health facility. Mr. Duffel and Ms. Canzani are being sued by Ms. Goulart who alleges that the property at 1420 Danzig Plaza does not conform with provisions of the Americans with Disabilities Act of 1990, the federal regulations adopted pursuant thereto, and violates provisions of the California Civil Code. 1. Pursuant to the Contra Costa County-Duffel lease, Section C(4) (a true and correct copy of the lease is attached hereto as Exhibit A) , Contra Costa County was required to name Duffel as additional insured under the County's Public Liability self-insurance plan. Should the County deny responsibility with regard to this lawsuit, it is in breach of contract. Also, because the County may have "self-insured" as to Duffel and Canzani, its bad faith denial of the duty to defend and/or indemnify is an act of first party bad faith in violation of the California Insurance Code. Damages for breach of the implied covenant of good faith and fair dealing may be had in situations in which the insurer acts tortiously, such as a bad faith refusal "without proper cause" to bestow the policy benefits. (California Shope. Inc. y. Royal Globe Ins. Co. (1985) 175 Cal.App. 3d 1, 55. ) When an insurer refuses to defend, the insurer breaches contract and relieves the insured of his contractual obligations to the insurer (see generally, Samson v, Transameri a Ins. Cts. (1981) 30 C. 3d 220. Prior notice of non-coverage is treated as a repudiation of the policy and an anticipatory rejection of a tender of defense and of the duty to indemnify, and the insured may hire personal counsel to represent him in the underlying action and may settle with the claimant. (Id-I-) C:IDATAICALNEPLO�GOULART\C LAI M.1 - Cts 2 . Pursuant to Section B(3) (Exhibit A) , the Contra Costa County agreed to indemnify and hold harmless Mr. Duffel for any claims arising out of negligent acts, errors or omissions of the County. County is thereby required to indemnify and has a duty to defend. In this regard, the County and/or its agents designed, approved and/or accepted the tenant improvements and, in the process, failed to ensure ADA compliance. The Board should note, pursuant to Section C(8) (Exhibit A) , the prevailing party in an action brought to interpret or enforce this lease is entitled to attorney's fees, in addition to recoverable damages and costs. Claimants' damages with regard to the breaches of contract and indemnification are in an unspecified amount greater than $50, 000 and are continuing to grow, which would exceed the jurisdiction of the court. All notices or other communications regarding this claim are to be sent to claimant' s attorney as follows: Carl J. Calnero Porter, Scott, Weiberg & Delehant P.O. Box 255428 Sacramento, CA 95865 Tel: (916) 929-1481; Fax: (916) 927-3706 D d: Fe uary , 2000 Carl J. Calnero Attorney for William Duffel and Elena Canzani C:\DATA\CALNERO\GOULART,CLAIM.t G°,1ST 1 DECLARATION OF SERVICE BY MAIL 2 I am a citizen of the United States and a resident of 3 Sacramento County, California. I am over the age of eighteen years and not a party to the within above-entitled action. My business 4 address is 350 University Avenue, Suite 200, Sacramento, California. 5 I am familiar with this Company's practice whereby the mail, after being placed in a designated area, is given the 6 appropriate postage and is deposited in a U. S. mailbox in the City of Sacramento, California, after the close of the day's business. 7 That on February 1, 2000, I served the following: 8 CLAIM FOR BREACH OF CONTRACT AND INDEMNIFICATION 9 on all parties in the said action as addressed below by causing a 10 true copy thereof to be: 11 X placed in a sealed envelope with postage thereon fully prepaid in the designated area for outgoing mail: ! 12 delivered by hand: 13 telecopied by facsimile: 14 express mailed: 15 Clerk, Board of Supervisors 16 Contra Costa County Administration Building 17 651 Pine Street, Room 106 Martinez, CA 94553 18 1 declare under penalty of perjury that the foregoing is 19 true and correct. 20 Executed at Sacramento, California on February 1, 2000. 21 chole C. Crum 22 23 24 25 26 27 28 LAW OFFICES OF PORTER,SCOTT, WEWRG&DLLEfMANT A PROFESSIONAL VITT 2 C:u7ATA�CALNEROIGOULART\CLAIM.I 350 UNIVERSITY AVE.,AYE.,SUITE 200 P.O.BOX 255428 SACRAMENTO,CA&5885 (916)929.1481 LEASE t .. TA. .Z OF CONTENTS l TO CONTRA COSTA COUNTY + FOR 1420 DANZIG PLAZA CONCORD,CALIFORNIA SECTION A:BASIC TERMS AND CONDITIONS A.i. PARTIES:........................................................................................................1 A.2. LEASE OF PREMISES:.................................................................................1 A.3. TERM:.............................................................................................................2 A.4. RENT: .................................................................... .. A.5. EXTENSION: A.6. UTILITIES:.......................................................I.............................................5 A.7. MAINTENANCE AND REPAIRS: ....... .......................................................5 A.8. NOTICES...................................................................................................... 7 A9. ATTACHMENTS...........................................................................................7 A.10. WRITTEN AGREEMENT:............................................................................7 A.11. RECORDING..................................................................................................7 A.12. TIME IS OF THE ESSENCE.........................................................................8 A.13. SIGNATURE BLOCK....................................................................................8 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER:......................... 9 B.2. USE OF PREMISES: B.3. HOLD HARMLESS: ......................................................................................9 B.4. ALTERATIONS,FIXTURES,AND SIGNS:................................................9 B.5. DESTRUCTION:........................................................................ .............10 B.6. QUIET ENJOYMENT:.................................................................................10 B.7. DEFAULTS: 10 B.8. EMINENT DOMAIN: ..................................................................................11 B.9. RIGHT OF FIRST REFUSAL......................................................................12 B.10. SUCCESSORS AND ASSIGNS: ................................................................12 B.11. SEVERABILITY:.........................................................................................12 B.12. WASTE;NUISANCE:..................................................................................12 B.13. SURRENDER OF PREMISES .. ........12 SECTION C: SPECIAL PROVISIONS C.1. SERVICES BY LESSOR:.............................................................................13 C.2. PROPERTY TAXES:....... ....................13 C.3. ASSIGNMENT OR SUBLEASE:................................................................13 C.4. LIABILITY INSURANCE...........................................................................14 =. C.5. FIRE AND EXTENDED COVERAGE INSURANCE................... 14 ... C.6. RENTAL INTERRUPTION INSURANCE.................................................15 - C.7. HAZARDOUS MATERIALS......................................................................15 C.8. ATTORNEYS'FEES....................................................................................16 C.9. ARBI'I'RATION............................................................................................16 C.10. ACCOMPLISHMENT OF IMPROVEMENTS...........................................17 C.11. COMPLETION AND OCCUPANCY..........................................................18 EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: PARKING LOT EXHIBIT C: BUILDING REPAIRS EXHIBIT D: LESSOR AND COUNTY IMPROVEMENTS LIF A E 1420 Danzig Plaza Concord,California for Health Services Department SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES: Effective on S=tamher 1. 1998, William R. Duffel and Lynnette S. Duffel 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 P F S .S: LESSOR, for and in consideration of the rents, hereby leases to COUNTY, and COUNTY leases from LESSOR those certain premises ("Premises")described as follows:A tyro-story office building containing approximately 14,484 square feet, commonly known as 1420 Danzig Plaza, Concord, California, more particularly described in"Exhibit Ari attached hereto and made a part hereof,together with exclusive use of the building parking lot , more particularly described in "Exhibit B" attached hereto and made a part hereof.LESSOR and COUNTY also agree that"Exhibit B" represents available parking spaces prior to lot restriping and provision of disabled parking _ r spaces. Restriping of the parking lot and provision of disabled parking spaces will result in a � a different configuration than shown in"Exhibit B". LESSOR guarantees a minimum of fifty-one(5 1)parking spaces(48 standard 9'wide spaces and 3 disabled parking spaces). Both LESSOR and COUNTY acknowledge that this Lease is subordinate to an existing w r underlying ground lease dated June 30, 1967,made by and between Elena Canzani,et al,as b: a tea-�_`��.•<'' '-;;,•.<,,.�•.:`,-• lessor ("Ground Lessor") and the Duffel-Smoot companies, a California corporation as lessee,("Vestees")recorded July 27, 1967,Book 5415 OR,Page 752,amended August 1, 1967. The Vestees' interest was assigned to William R.Duffel and Lynnette S.Duffel,his r; wife as joint tenants,by assignment recorded April 1, 1969,Book 5843,OR,Page 839. LESSOR warrants that this Lease does not conflict with any provisions of the ground lease. r.4t�• -1- . A3. TF3: The term of this l -qe shall be seven(7)years,commencing Sept, ')er 1, 1998 and ending August 31,2005. A.4. $> Although the effective date of this Lease is September 1,1998, the obligation of the COUNTY to pay rent shall not commence until COUNTY has accepted the building in accordance with the completion and acceptance of improvements as specified in Section C.11: COMPLF;T1QN AN fIf'S�t PANG- of this Lease. if COUNTY acceptance of building occurs after the first day of the month,rent shall be prorated for the month. Subject to the foregoing, COUNTY shall pay to LESSOR as rent for the use of said premises a monthly rental as follows,payable in advance on the first day of each month during the term of this Lease. lime Perig Monthly Rental September 1, 1998 through August 31, 1999 $ 11,225.00 September 1, 1999 through August 31,2000 $ 11,225.00 September 1,2000 through August 31,2001 $ 11,450.00 September 1,2001 through August 31,2002 $ 11,675.00 September 1,2002 through August 31,2003 $ 11,900.00 September 1,2003 through August 31,2004 $ 12,125.00 September 1,2004 through August 31,2005 $ 12,350.00 Payments shall be made to: William R.Duffel or Lynnette S.Duffel and mailed to: William R.Duffel&Lyrmette S.Duffel ` 461 Gaylord Court .' Sacramento,CA 95864 AZ. FNSION: This Lease may, at the option of the COUNTY,be extended , as described below,upon the same terms and conditions,except that subject to Subsection D hereof;the rental shall be adjusted as follows: A. First Option: For a six(6)year term,commencing September 1,2005 and ending August 31,2011,at the following rental: Time Period lvfonthly RenW September 1,2005 through August 31,2006 $ 12,720.00 September 1,2006 through August 31,2007 $ 13,100.00 I tt r �r� Wit• -2r September 1�,2007 through Aur *31,2008 $ 13,490.00 September 1,2008 through August 31,2009 $ 13,860.00 September 1,2009 through August 31,2010 $ 14,245.00 September 1,2010 through August 31,2011 $ 14,625.00 B. Second Option: For a six (6) year term, commencing September 1, 2011 and ending August 31,2017,at the following rental: Time Period MmAWX Rental September 1,2011 through August 31,2012 $15,010.00 ; September 1,2012 through August 31,2013 $15,390.00 September 1,2013 through.August 31,2014 $15,770.00 September 1,2014 through August 31,2015 $16,150.00 September 1,2015 through August 31,2016 $16,535.00 September 1,2016 through August 31,2017 $16,915.00 C. Third Option:For a four(4)year ten(10)month term,commencing September 1, 2017 and ending June 30,2022,at the following rental: Ii=Period Mon yR\nten September 1,2017 through August 31,2018 $17,295.00 September 1,2018 through August 31,2019 $17,680.00 September 1,2019 through August 31,2020 $18,060.00 September 1,2020 through August 31,2021 $18,440.00 September 1,2021 through June 30,2022 $18,825.00 D. At the end of the initial seven year term and end of each extension period, the monthly rent as shown herein above for the succeeding extension period may be adjusted,either upward or downward,in accordance with this section. LESSOR. warrants to COUNTY that he has a commitment from American River Bank ("Bank") for a new mortgage loan for the Premises in the principal amount of $1,000,000.00 at an initial interest rate of 8.35°10 amortized over a period of 25 years. ("1998 Loan"). The 1998 Loan is commensurate with the terms of the lease,including all extension periods. The terms of the 1998 Loan include interest -3- rate adjustments whit' inside with the initial term and each extension n of this Lease. The first interest rate adjustment will occur in seven years,at the end of the initial Lease term. Subsequent interest rate adjustments will occur at the end of each lease extension period. Bank has warranted that the interest rate for the life of the 1998 Loan will not be increased beyond 11.35%. LESSOR shall provide to COUNTY full documentation of the 1998 Loan and interest rate adjustment terms. The parties agree that at the time of any interest rate adjustment required by Bank or its successor in interest,monthly rent for the applicable extension term may be adjusted either upward or downward by the difference in the LESSOR's monthly 1998 Loan payment,up to,but not to exceed,an interest rate increase of 3%. For example, at the end of the initial seven year term of this Lease,the remaining balance of the 1998 Loan will be approximately$887,183.00. if at that time the adjusted interest rate should increase to 10%,calculation of the monthly rental payment adjustment would be as follows: Adjusted Rate:$887,183 x 101/6 over remaining 18 years $8,870 per month Original Rate:$1,000,000 x 8.35%amortized over 25 years®$7,951 per month Difference: $919 per month COUNTY's monthly rent as shown herein above for the first extension period t ' would increase by$919.00 per month;for example rental amount for the period from September 1,2005 through August 31,2006 would be$12,720.00+$919.00 i. or$13,639.00 per month;OR If the adjusted interest rate should decrease to 7%,calculation of the monthly rental payment adjustment would be as follows: Original Rate:$,000,000 x 8.35%amortized.over 25 years--$7,951 per month Adjusted Rate:$887,183 x 7%over remaining 18 years $7,235 per month Difference: $716 per month X. COUNTY's monthly rent as shown herein above for the first extension period would decrease by$716.00 per month;for example rental amount for the period from September 1,2005 through.August 31,2006 would be$12,720-$716.00 or $12,004.00 per month. -4- Calculation of the interest rate adjustment shall be based solely on the remaining balance and the remaining years of the 25 year'amortization term of the 1998 loan. Prior to any monthly recital adjustment,LESSOR shall provide written notice and full documentation of the new loan interest rate to the COUNTY.Said adjusted rate shall be approved by the COUNTY and shall be the best commercial rate available at the time the loan must be renegotiated. E. Any claim or dispute arising out of or relation to this Section A.S.Exit n� sign shall be settled by neutral binding arbitration in accordance with SectionC.9. Arbitratinn hereof. F. It is understood and agreed COUNTY shall give LESSOR thirty(30)days prior written notice of its intention to exercise any option to extend this Lease. Aowev- er,in the event COUNTY does not give such written notice,its right to exercise any option before 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. AA IZ7"LITL: COUNTY shall pay for all gas, electric, water, sewer and refuse collection services provided to the demised premises. In the event that an enclosure for refuse is required,LESSOR,at its sole expense,shall provide the enclosure. A,7, M a Tt+7't'EN�ty(x� ND REPAM: As part of the consideration for this lease, LESSOR has agreed to complete certain repairs and improvements listed in"Exhibit C" attached hereto and made a part hereof The responsibilities of the COUNTY,under the terms of this lease,for maintenance and repair shall become effective only after LESSOR'S a repairs listed in"Exhibit C"are completed and are accepted in writing by the COUNTY. 1 S 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. 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 -5- 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. COUNTY shall repair and 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. D. COUNTY shall maintain a quarterly maintenance contract for the heating, ventilating,and air-conditioning systems. LESSOR shall be responsible for repairs and replacement of the heating ventilating,and air conditioning s stems in excess roP g g, g y of$500.00 per occurrence. E. COUNTY shall provide routine maintenance of the parking lot,landscaping,sphn- kler system,and exterior lighting system. COUNTY shall be responsible for minor repairs such as replacement of sprinkler heads, shrubberies, and repair of minor potholes in the parking lot LESSOR shall be responsible for repair of alligatoring, cracking, and deterioration of the parking lot pavement LESSOR shall be responsible for resurfacing,sealing and restriping of the parking lot. F. LESSOR shall be responsible for major repairs,code compliance,and replacement t of the elevator system. COUNTY shall maintain a routine maintenance contract for the elevator system and be responsible for replacement of incidental items such as the light bulbs in the elevator. G. LESSOR shall provide and install, at the direction of the Fire Marshal, the } necessary number of A-B-C fire extinguishers for the premises. COUNTY shall thereafter maintain,repair,and replace said extinguishers. K. LESSOR shall be responsible for the correction of any code violations which may exist in the premises,provided LESSOR shall not be liable for correction of code VjYL violations which arise out of and are directly related to a change in COUNTY'S occupancy or use of said premises. A.$. NUICES: 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 -6- 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: William R.Duffel and Lynnette S.Duffel 461 Gaylord Court Sacramento,CA 95864 To County: Contra Costa County General Services Department Lease.Management Division 1220 Morello Avenue,Suite 100 Martinez,CA 94553 A.9. ►7TA.CHME,NIS: Section B,Standard Provisions; Section C,Special Provisions; Exhibit A: Premises; Exhibit B: Parking Lot; Exhibit C: Building Repairs; Exhibit D: LESSOR and COUNTY improvements are attached to this Lease and are made a part hereof. A.10, WRY'g"'t'x N AC=P�'T: 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 are not a part of this Lease,nor shall they be considered in construing the intent of this Lease. A.11, RECORDING: A Memorandum of Lease shall be executed and recorded by the parties hereto. This will be in lieu of recording the entire instrument. Capon termination of this Lease, COUNTY shall execute a Quitclaim Deed to LESSOR to clear Lease from LESSOR"s title. f � r r —7W is .... .. .. A.12. TIME IS OF THE ESShNCE of each and all of the terms and provisions of this lease. A.13. SIGNATURE BLOCK COUNly LESSOR COUNTY OF CONTRA COSTA, a political subdivision of the State of California By. btu By .0 Director of General Services William R.Duffel By RECOMMENDED FOR APPROVAL: L ette S.Duffel By 154'ector, a*ital Facilities and Debt Management BY_ Deputy Gen&fil Services bjiector By Direct r of Planning&Evaluation, Health Services Department By Lease Manager APPROVED AS TO FORM: VICTOR J.WESTMAN,County Counsel By Deputy a'. LEASE," 1420 Danzig Plaza. Concord,California for Health Services Department SECTION B: STANDARD PI2fl"VI ONS B.1. Nt)LDING-Q•�R: 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. USE OIE ERT_+MISES: The premises shall be used during the term for purposes of t conducting various functions of COUNTY and COUNTY related services. B3. H=HARPOLSS: 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,including attorneys'fees,arising out of negligent acts, errors or omissions of the COUNTY, its officers or employees. 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 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,including attorneys'fees,arising out of negligent acts,errors or omissions of the LESSOR,its agents or ernployees. B.4. !A11ONS,MTII S AND SIGNS: COUNTY may make any lawful and proper minor alterations, attach frxtares and signs in or upon the premises, which shall remain COUNTY property and may be removed therefrom. by COUNTY prior to the i.' t`. `9f I' J. .. '.w . termination of this Lease,all sig—to meet with existing code requirements and Lb: SOR's approval, Any such alterations, signs or fixtures shall be at COUNTY s sole cost and expense. B.S. DESTRUCTION: A. In the event of damage causing 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 being made, such proportionate reduction to be based upon the extent to which the 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, 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. .Y: C. A total destruction of the premises shall terminate this Lease. B.6. QVMI ENIOYM 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.7. I MAU IS: In the event of COUI' TY 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 -10- may terminate the Lease and quit the premises without further cost or obligation or may proceed to repair the building 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 said breach and provided that LESSOR has not made a substantial effort to correct said breach. B,80. ENHUNT DQMAIN- A. If any part of the premises shall be taken as a result of the exercise of the power of eminent domain or be conveyed to any entity having such power under threat of exercise thereof (both of such actions being hereinafter referred to as "condemnation")this lease shall automatically terminate as to the portion of the premises which is condemned as of the date physical possession of such portion is taken be condemnor. Any damages to the remainder of the premises sustained by the COUNTY and/or LESSON as a result of said condemnation action shall be decided in court or by negotiation and agreement with the condemnor. B. If the remaining part of the premises will not be reasonably suitable for the COUNTY's use at the time of said taking,this Lease may be terminated by either LESSOR or COUNTY,at any time by written notice within thirty(30)days after the date possession of the condemned portion is taken by condemnor. If the remaining part of the premises will be reasonably suitable for the use in effect at time of said taking,this Lease shall continue in full force and effect as to such remaining part If this Lease is not so terminated,as of the date of such taking,the rent shall continue at a reduced amount based on the remaining square footage usable by COUNTY. The LESSOR shall be entitled to the condemnation award attributed to his interest in the real property and the COUNTY for the taking of its leasehold interest, fixtures and equipment,Ieasehold improvements,relocation expenses,and other award not related to the value of the real property. Nothing herein contained shall prevent LESSOR and COUNTY -11- from prosecuting claims in any condemnation proceedings for the value of their prospective interests. B.I. RIGHT OF FIRST $EEI)SA.: Should LESSOR or his successor in interest during the lease term or any extension thereof,elect to sell the leased premises,LESSOR shall give COUNTY prompt written notice of such intention and of any offer. COUNTY shall have ninety (IQ) days in which to meet the terms and conditions of such offer. If COUNTY does not act within said 90-day period,LESSOR shall be fine to sell the premises in accordance with the terms and conditions of said offer. B.10. SIJCCT-SSORSAND ASSIGN The terms and provisions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs,successors,and assigns of the respective parties hereto. B.11. E'er' : In the event that any provision herein is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision shall not materially prejudice either the COUNTY or LESSOR in its respective rights and obligations contained in the valid provisions of this Lease. B.12. A, ;NUISAN : COUNTY shall not commit,or suffer to be committed,any waste upon the leased premises,or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Lessee or occupant of the complex in which the leased premises are located. f P B.13. SIj$UNDER OF PR : 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, :Eire, public calamity, by the elements, by Act of God, or by circumstances over which COUNTY has no control excepted. COUNTY shall not be liable . for painting the interior of the demised premises upon termination of this Lease. 12.. e I AS 1420 Willow Pass Road Concord,California for Health Services Department SECTION C: SPECIAL PROVISIONS C.1. SERVICES-BY LESSOR: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 time during the term of this Lease. COUNTY shall pay to LESSOR one hundred percent(100%)of the costs of said services. 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 said service. C.2, P�O'E,TY_.TAXES: COUNTY shall pay to LESSOR within thirty(30)days after being requested to do so by LESSOR.,as additional rental,one hundred percent(100%)of the City and/or County truces levied against Assessor's Parcel 126-380-008, in any year I during the term of this Lease,except COUNTY shall not pay any increase resulting from a change in ownership of the property, Said taxes shall be prorated.for the first and last years of the term hereof: .. C.3. ASSICNM NI QR SULEASE: COUNTY shall have the right to assign this - Lease during the term of this Lease and extension terms with LESSOR'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 related programs during the tern of this -13- Lease and extension terms witho——ESSOR's written approval. In event of such suulease, COUNTY shall remain responsible for payment of rent and meeting the obligations and conditions under the terms of this Leasc. CA. j;i_ARILIT'YNSIDi„AN-U: 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 damages, to the extent such would be insured by a standard commercial insurance company. LESSOR and GROUND LESSOR shall be included as additional insured under the COUNTY'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. FIRE A1 _E MFrD ""- YERACLa'SIM�,NU.— COUNTY shall,at its sole cost and expense during the term of this Lease or extension thereof, either purchase commercial insurance or at its option maintain a program of self-insurance providing protection against loss or damage to the premises against loss caused by the perils of fire, lightning and those afford by the standard all risk Special Form endorsement. The demised premises shall be insured for its replacement cost and protect the interests of the LESSOR and any lender or mortgagee having a financial interest in the premises. In the event of any damage to the premises covered by such insurance,the insurance proceeds shall be utilized for the repair, reconstruction or replacement of the damaged portion of the premises. However,in the event of complete or constructive total loss of the k premises,whether insured or not,the proceeds shall be made payable to the LESSOR and any lender or mortgagee having a financial interest in the premises, as their interests may appear and the lease shall terminate in accordance with Section B.5.DESTRUC110N. It is understood and agreed that the COUNTY may elect to include the premises for protection of loss or damage caused by the perils of earthquake and/or flood and that any loss or damage to the premises caused by the perils of earthquake and/or flood shall only inure E -14- to the benefit of the COUNTY a.., not to the LESSOR or any lender or mortgagct,laving a financial interest in the premises. CA RENTAL IM $UPTIQN INSURANCE, COUNTY,at its sole expense.,shall maintain throughout the term of this Lease, rental interruption or use and occupancy insurance to cover loss,total or partial,of the rental income from or the use of the premises as the result of any of the perils covered by the insurance required by this Lease in an amount sufficient to pay the part of the total rent hereunder attributable to the portion of the premises rendered unusable for a period of at least one(1)year. Any proceeds of such insurance shall be applied to abated rental and to the prepayment of rental payments as provided in this Lease. C.7. ZAyQLtfi MMALS, LESSOR has informed COUNTY that there are asbestos containing building materials(ACBM) in certain locations on the subject premises. LESSOR.warrants that the ACBM are in good condition and do not pose a health hazard at this time or in the foreseeable future. COUNTY may inspect the premises from time to time to monitor the condition of the ACBM. In the event COUNTY, in its sole opinion, determines that all or any portion of the ACBM wires treatment,LESSOR.shall,at its sole cost and expense,immediately treat the ACBM in accordance with law. This in no way relieves the LESSOR of any responsibility he,may have to inspect the premises or monitor the condition of the ACBM. LESSOR,its successors,assigns and guarantors,agree to indemnify,defend and hold harmless COUNTY, its officers and employees from and against any and all damages arising from the presence of asbestos or other Hazardous Materials upon or about the premises, or arising in any manner whatsoever out of violation of any law or regulation pertaining to the premises and the activities thereon,unless such damages exist solely as a result of negligence or willful misconduct of COUNTY. "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 -15- is or becomes designated,classifit.or regulated as being"toxic",„hazardous",a"pollutant" or similar designation under any federal state or local law,regulation or ordinance. C.8. A11t3RNM'FEES: 1f LESSOR or COUNTY brings any legal action to interpret or enforce this Lease,or for damages for any alleged breach hereof,the prevailing party in any such action shall be entitled to reasonable attorneys" fees as awarded by the court or arbitrator,in addition to all other recoverable damages and costs. C.9. ARBITRAIJt)N: Any dispute arising from Section A.5.Ritension ,subsection D shall be settled by neutral binding arbitration before a single arbitrator. Any demand for arbitration must be made in writing to the other party. No demand for arbitration may be made after the date on which the institution of legal proceedings based on the claim,dispute or other matter is barred by applicable statue of limitations. Not later than thirty(30)days after delivery of written demand for arbitration,the parties shall select an arbitrator. The arbitrator shall have substantial experience in leasing issues in the geographical real estate market where the Leased Premises are located The arbitrator shall conduct an arbitration under the provisions of the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Contra Costa County, California, unless the parties agree in writing to another location. if the parties cannot agree on an arbitrator within the thirty(30)day period,the matter will be submitted to the American Arbitration Association ("AAA."') for the immediate selection of the arbitrator. Costs and fees of the arbitrator shall be borne by the nonprevailing parties unless the arbitrator for good cause determines otherwise. Each party shall pay its own attorneys fees, expert and non expert witness expenses and other costs and expenses incurred in connection with the arbitration. The parties shall have the right to discovery in accordance with Code of Civil Procedure sections 1283.05 and 1283.1 as long as the arbitrator's permission shall not be required to take a discovery deposition and discovery by means of interrogatories and requests for admission shall not be permitted. All discovery disputes shall be resolved by the arbitrator. The arbitrator shall have no power to modify the provisions of this Lease. The arbitrator -16_ { shall render a final written decisio,.on all matters subject to the arbitration,including iactual findings and the reasons that form the basis of the decision within thirty (30) days of the arbitrator's appointment. The arbitrator's decision shall be binding on all parties. The arbitrator's decision to challenge only(i)on the grounds set forth in California Code of Civil Procedure section 1286.2, or (ii) based upon the arbitrator's incorrect application of the substantive laws of Califomia. The parties shall each have the right to file with a court of competent jurisdiction an application for temporary or preliminary injunctive relief,writ of attachment,writ of possession,temporary protective order,or appointment of a receiver if V-- the arbitrator award to which the applicant may be entitled may be rendered ineffectual in the absence of such relief of if there is no other adequate remedy. C.10.ACCOMPLI,MLI, 1 ''1°r t3F IM RQYFMFN` S. A. LESSOR and COUNTY agree that LESSOR shall construct improvements per plans and specifications as prepared by Architectural Network 1ne.,plot date 6-25- 98, Addendum#1 dated 7/22/98,labeled"Exhibit D" which are made a part hereof. Copy of said plans and specifications are available at Contra Costa County General Services Department, 1220 Morello Ave., Martinez, CA. LESSOR and COUNTY mutually agree that LESSOR is responsible for payment for completion of certain building improvements allocated to the LESSOR and COUNTY is responsible for payment for completion of certain tenant improvements allocated to the COUNTY in "Exhibit D," which are attached hereto and made a part hereof. B. LESSOR, shall not make or cause any changes in said plans or specifications allocated to the COUNTY without prior written consent of COUNTY.LESSOR shall make changes, additions or deletions upon written Change Order from COUNTY and such items shall be charged at a rate not to exceed direct cost plus 10%. COUNTYreserves the right to inspect during construction of improvements as specified herein,but will not interfere with LESSOR's work and will notify LESSOR of any requests,recommendations or discrepancies -17- C. If by October 1, 1998, , SSOR has completed the all repairs listed in Ext.wit C: BUILDING REPAIRS and all improvements allocated to both the LESSOR and COUNTY listed in Exhibit D: LESSOR AND COUNTY IMPROVEMENT and they are accepted in writing by the County Lease Manager,or designee,rent shall commence effective October 1, 1998. In the event LESSOR cannot deliver the premises by October 1, 1998,rent shall not commence until the first workday after all the building repairs and LESSOR and COUNTY improvements are ` completed and are accepted in writing by the County Lease Manager or designee. If the improvements are not completed by December 1, 1998,COUNTY may,at its sole discretion,terminate this Lease by giving LESSOR written notice,with no cost or obligation on the part of the COUNTY. D. Upon LESSOR's written request,the dates in this paragraph shall be extended by the time lost as a result of work stoppages,strikes,shortages of material or Act of Cod;provided such time is entirely beyond LESSOR's control. C.11. COMPL. ON ANDS TANCY: The following procedure shall apply for completion,acceptance,and payment for the remodeling of the building,hereafter called improvements. y A. UPON LESSOR's completion of improvements and written notice thereof to the County Lease-Manager,COUNTY shall inspect within three(3)workdays after receiving said notice and shall accept or reject said improvements within six(6) workdays of receipt of such written notice. B. The sole basis for rejection of the improvements shall be nonconformity with =y pians and specifications or applicable laws or ordinances. In the event COUNTY rejects the improvements,COUNTY shall provide LESSOR with a >r reasonably detailed list of the deficient portions or details of the improvements. C. LESSOR shall immediately commence to complete or correct the rejected i' portion. Y -18- D. COUNTY shall reimburse LESSOR for 100% of the costs of Tenant Improvements allocated to COUNTY and approved by COUNTY in writing as provided in Exhibit D:LESSOR.and COUNTY Improvements. Upon lease execution, LESSOR may submit to the COUNTY a properly documented progress payment request on the form provided by or approved by COUNTY for up to 50%for expenses incurred by the LESSOR in completing the COUNTY'S improvements. LESSOR shall provide lien releases from all contractors and , suppliers, together with request for payment. Upon receipt of properly documented request from LESSOR, COUNTY shall make the next progress payment of 25%upon 75%of completion of COUNTY's tenant improvements and a final 2.5%progress payment upon 100%completion and acceptance by COUNTY of the COUNTY's tenant improvements. LESSOR shall provide lien releases from all contractors and suppliers,together with request for payments. E. Acceptance of said improvements shall not constitute a waiver of any warranty of any defect in regard to workmanship or material of the improvements on said premises. EXMBrrS EXHIBIT A: PREMISES EXHIBIT B: PARKING LOT EXHIBIT C: BUILDING REPAIRS EXHIBIT I): LESSOR AND COUNTY IMPROVEMENTS f� rw. i Or' J Those parcels of l.anL in. the City of, Concord, County of Centra Costa, st ® of California, describe.: follows: PARCEL ONE Portion of the Rancho Monte Del Diablo, described as follows: commencing at the southwest line of the parcel of land described in the deed to Peter E. Canxani, recorded April B. 1938, Hook 465, Official Records, page 69 at the northwest line of the parcel of land described in the deed to V. Earl Mulkins, et ux, recorded September 15, 1955 , Book 2610, Official Records, page 293; thence from said point of commencement, north 570 17' 15" east, along said northwest line, 217.91 feet to the northeast line of said Mulkins parcel; thence north 320 421 45" west, along the direct extension north 320 421 45" west of said northeast line, 25 feet; thence north 570 171 15" east, 61.09 feet; thence northeasterly and northwesterly, along the are of a curve to the left with a• radius of 75 feet, through a central angle of 91° 441 37", an are distance of 120.09 feet to the actual point of beginning of the herein described parcel of land, thence from said point of beginning, continuing northwesterly, along the are of said last mentioned curve .to the left with a radius of 75 feet,' through a central angle of 4° 171 47", an arc distance of 5. 63 feet; thence north 380 45' 09" west, tangent to the last curve, 905 ,02 feet to a line drawn parallel with and distant 2 Feet southeasterly, measured at right angles from the south line of the strip of land described as Parcel One in the deed to Contra Costa County, recorded May 23, 1956, Book 2772, Official Records, page 598, thence north 51° 141 51t1 east, along said parallel line, 386.81 feet to the west line of the parcel of land described as Parcel One in the deed to the State of California, recorded September 17, 1959, Book 3455, Official Records, page 137; thence south 08° 071 29" west, along said west line, 187.42 feet to a 'point which bears north 570 17' 15" east, from the paint of beginning; thence south 570 17' 15" west , 201.62. feet to the point of beginning. EXCEPTING FROM PARCEL ONE: A right of way (not to be exclusive) for use as a roadway for vehicles of all kinds, pedestrians and animals, for water, gas , oil and sewer pipe lines , and for telephone, television service, electric light and power lines , together with the necessary poles or conduits, as an appurtenance to the remaining lands of the grantor, or any portion thereof, over that portion thereof lying within the parcel of land described in Parcel Two herein. PARCEL TWO A right of way no It to be exclusive) for use as a roadway for vehicles of all kinds„ pedestrians and animals,, for water, gas, e HJT J _ ` 61.1+ and sewer, pipe Lanes , and for telephone , television service , electric `Sight and power lines , together with the necessary poles or conduits , as an appurtenance to Parcel One above, over a portion of the Rancho Monte Del Diablo, described as follows : Commencing at the southwest line of the parcel of land described in the deed to Peter E. Canzani , recorded April 8, 1938, Book 465, Official Records, page 69, at the northwest line of the Parcel of land described in the deed to V. Earl Mulkjns, et ur,, record- ed September 15, 1955., Bork 2610, Official Records, page 29,3; thence from said point of commencement , north 570 17 ' 15" east , along said northwest line, 12 feet to the actual point of beginning of the herein described parcel of land; thence from said point of beginning, north 32' 42' 4511 west , parallel with the southwest line of said Can:ani parcel, 70 feet , thence southeasterly. and easterly along the are of a curve to the Left with a radius of 20 feet , through a central angle of 900 , an arc distance of 31.42 feet ; thence north 57° 17 ' 15" east , tangent to the last curve, 247 feet ; thence north-- easterly and northwesterly, along the arc of a curve to the left with a radius of 50 feet , through a central angle of 960 02 ' 24" , an arc distance of 83. 81 feet ; thence north 380 45Y 09" west , tangent to the last curve, 61.18 feet; thence northwesterly and southwesterly, along the arc of a curve to the Left with a radius of 20 feet , tangent to the last course, an arc distance of 29 .50 feet ; thence south 560 44 ,11T' west, tangent to the last curve, 156 . 11 feet to a line drawn parallel, with and distgnt 2 ,feet southeasterly, measured at right angles, from the south line of the strip of land described as Pa_- cel One in the deed to Contra Costa County, recorded May 23, 1956, Book 2772, Official Records , page 598; thence north 510 144 51" east , along said parallel line, 396 .95 feet ; thence south 450 45v 31" west , 156.11 feet; thence southwesterly and southeasterly, along the arc of a curve to the left with a radius of 20 feeti . through a central angle of 840 30' 0", an arc distance of 29.50 feet ; thence south 380 45 ' 09" east, tangent to the last curve;. 61 , 18 feet ; thence southeasterly and southwesterly, along the arc of a curve to the right with a radius of 100 feet , through a central angle of 96= . 02' 24", an arc distance of 167.62 feet ; thence south 570 17a 15" west , tangent to the last curve, 267 feet to the point of beginning. EXCEPTING FROM PARCEL TWO: That portion thereof lying within Parcel One above. PARCEL THREE A right of way (not to be exclusive) for use as' a roadway for vehicles of all kinds , pedestrians and animals , for water, gas, oil and sewer pipe lines , and for telephone, television service , -2- EXHIBIT A Pg. 3 of 3 ant-V*5Q6r "lines , together with the necessary poles .or conduits, at an appurtenance to Parcel One above, or any portion, thereof, over a portion of the Rancho Monte Del Diablo, described as follows: Beginning on the southeast lime of Parcel One above, at the west line of the parcel or land described as Parcel One in the deed to the State of California, recorded September 17, 1959* Book 3455, Official Records , page 137; thence from: said point or beginning, south 080 07' 29" west , along said west line, 58,16 feet ; thence south 57° 17' 15" west, 197=67 feet ; thence northwesterly, along the are of a curve to the left with a radius of 100 feet, through a central angle of 15° 02' 00", an are distance of 26.24 feet ; thence north 57* 17' 15" east , 169.87 feet; thence north 320 42 ' 45" west, 19 feet to the southeast line of Parcel One above; thence north 570 17' 15" east, along said southeast line, 58,12 Peet to the point of beginning` -3- Exhibit B OM T i A � 7 40 qwtoo t � t i rr EXHIBIT A Pg. 3 of 3,,,_ �wez- -lines , toge,her with the necessary poles .or conduits, ag an appurtznance to Parcel One above, or any portion thereof, over a portion of the Rancho Monte Del Diablo, described as follows. Beginning on the southeast line of Parcel One above, at the gest line of the parcel of land described as Parcel One in the deed to the State of California, recorded September 17, 1959', Book 3455, Official Records , page 1371 thence from: said point at beginning, south 08d 07' 29" went , along said west line, 58.16 reet ; thence south 57* 17, 15" west, 197.67 feet; thence northwesterly„ along the arc of a curve to the left with a radius of 100 feet , through a central angle of 15° 02' O0" , an are distance of' 26.24 feet; thence north 57° 17' 15" east, 169.$7 feet; thence north 32° 42 ' 145" west, 19 feet to the southeast line of Parcel One above; thence north 570 17 ' 1511 east, along said southeast line , 58.12 feet to the point of beginning. _3_ Exhibit r jv owolloo • pop '0 .1001 1-5 d" t a • R i ' a � • EXHIBIT C: BujLDING REPAIRS Exterior Work items Paint building exterior Stripe and seal parking lot Repair,level and replace as necessary uneven concrete walkway and rear patio. Provide required handicapped parking spaces Prune trees to prevent damage to roof and prevent danger to parking lot Trim foliage clear of building and walkways Repair sprinkler system Roof-clear drains of debris,patch as required to provide watertight roof Roof mounted HVAC equipment: Secure equipment on platform to prevent tearing of roof Repairs to specific HVAC units:Units#1 &#2-Replace the gas valves;Unit#3-Replace compressor contactor;Unit#4-Replace the heating induced draft monitor Windows-reglaze and caulk as required Interior Work Items Modifications to building entry door to comply with ADA requirements Modifications to elevator to comply with ADA guidelines- Modifications to restrooms to comply with ADA guidelines Paint entire interior of building Replace stained ceiling tiles Repair rusted window hardware Repair broken window woodwork ledges Replace filming on windows,as needed Replace worn carpet or credit COUNTY$4,400.00 if COUNTY elects to totally replace carpet rA- f., �r,'_ S t kw EXHIBIT D: LES-,)R AND COUNTY IMPI ONTEMENTS ITEM LESSOR COUN' Y 1.General Requirements Permits&Licenses($1,525.) 380.00 1,145.00 Supervision-7 weeks($12,000.) 3,000.00 9,000.00 General Labor-7 weeks($6,000.) 1,500.00 4,500.00 Misc.Materials($1,000.) 250.00 750.00 Job Phone&Fax($500.) 125.00 .4Q Final Cleaning _75 Subtotal $6,005.00 $15,770.00 2.Demolition. Debris Boxes&Hauling 850.00 Remove Walls,Doors Frames 2.250.00 &Hardware,Carpet&Suspended Ceiling Subtotal 3,100.00 3.Sitework New Concrete Rear Walkway 3,750.00 Shrubbery Removal/ADA Parking 500.00 Irrigation Repair 350.00 Tree Removal at Building Rear 600.00 Subtotal 5,200.00 4.Metals Handrail @ Stairs 1,980.00 Wall Stiffeners 480,00 -+s Grill Above Windows 1-330.00 Subtotal 1,980.00 1,810.00 5.Woad&Plastics Cabinets,Counters&Shelves 2,250.00 Counter(Reception area) 8,600.00 Subtotal 10,850.00 6.7rberrnal&Moisture Protection Wall Insulation 720.00 Roof patch at exhaust fan 890.04 (4 @$200.00 each) Subtotal 1520.00 7.Doors&Windows New Sidelights 3@5600,each 1,800.00 New Doorframe&Hardware 1@$2,000;4 @51,625 each 8,000.00 r 20 Minute Doorframe&Hardware 13,000.00 (13(g$1,000.Each} Reception Windows 3800.04 20 Minute Door with Glass Windows 6,000.00 (3 @$2,000 each) 10"Kick Retrofits(6 @ S250.each) 1,500.00 Hardware/Double Door 400.90 Subtotal 1,500.00 33,000.00 L� I. y. EXHIBIT D: LESSOR AND COUNTY IMPROVEMENTS ITEM LESSOR COUNTY 8. Finishes CREDIT:Carpet Replacement (4,400.00) Sheet vinyl(5 @$660.00 each 2,640.00 660.00 Marlite Wainscoat 960.00 Paint:New Walls,Patches,New 1,700.00 Paint&Stain:Door,Cabinets& 3,750.00 Bases Remove Baseboards 250.00 , Partitions&Walls 11,600.00 Ceiling Tile Repair 750.00 Floor Tile Repair 800.00 New GWBtRestmom Subtotal 3,440.00 16,070.00 9.Specialties Bath Fixtures Grab bars-4'(5 @$80.00 each) 320.00 80.00 Grab bars-3'(5 @$65.00 each) 260.00 65.00 Toilet paper dispenser 40.00 Paper towel waste/dispenser 160.00 Scat cover dispenser 45.00 Vanity mirror(5 @5180.00 each 720.00 180.00 Interior HC signs(5 @$40.00 each) 160.00 40.00 Urinal Screen 300.00 Toilet Partitions-HC 2,800.00 (4 @$700.00 each) Toilet Partitions-HC 900M (2 @$450.00 each) Subtotal 5,160.00 910.00 10.Elevator HC Upgrade 10,400.00 11.Plumbing&Mechanical Drinking Fountain 1,600.00 Lavatory HC 700.00 5,800.00 HVAC Modifications 1,275.00 1,500.00 Exhaust fan 400.00 Fire Dampers 1.451444 Subtotal 3,575.00 8,700.00 12.Electrical Exit Signs (7 @$120.00 each) 840.00 -, Dedicated outlets 530.00 Duplex receptacles 6,300.00 (63 @$100.00 each) Light switches 2,400000 r (20 @$120.00 each) Phone data outlets 5,400.00 4 (61 @$80.00 each) Removal of Outlets,rewiring 7,150.00 Wire exhaust fan 15000 Subtotal 840.00 21,930.00 SUBTOTAL 32,900.00 118,860.00 CONTRACTOR'S,OVERHEAD 4,112.00 14,857.00 AND PROFIT 12.5°l0 CONTINGENCY 10% 3.20.0Q 11 r $40,302.00 145,603.00 ROUND OFF TO. 541,000.00 $146,000.00 Z` ►" r r° w. � r �'l.,t r a"�a; .,. �•r sex>. f.F�Y fi- r w S; ,,K}o- c Y.'74�. r^� ,��c r ;ct r. r ` fs t r r �,. c ��. > ;ate e• iy r., . S s p S � yy ro$$ a I A AMDED CI AIM 6111 Z!5-- BOA�OF SUPUMSOM DE CON�,A COST,�1Q► �_�l�i tF't� N WM0 AG"flMARCH 21, 2000 Claim Against the County, or District Governed by the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given law pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". FF 3 2 AMOUNT: Unknown ONSEL MMA TINUTy�' A FF CLAIMANT: Thyssen-Dover Elevator Corporation ATTORNEY: c/o Taylor & Gutierrez, LLP DATE RECEIVED: February 24, 2000 ADDRESS: 90 New Montgomery St. , Ste.905 BY DELIVERY TO CLERIC ON: Fgjguary 24, 2000 San Francisco CA 94105 BY MAIL POSTMARKED: Overnight Mai L FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PHIL BATCHELOR, Clerk Dated: February 25, 2000 By: Deputy U. FROM- County Counsel TO: Clerk of the Board of Supervisors { E J''T'his claim complies substantially with Sections 910 and 910.2. ( } This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( } Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). { ) Other: Dated: ` ° By:—�M , 62Deputy County Counsel M. FROM Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). I'V, BOARD ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:YVt *Z(--- 9–&0 PHIL BATCHELOR, Clerk, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six, (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. DAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated BY: PHIL BATCHELOR $y l Deputy Clerk CC: County Counsel County Administrator TAYLOR & GUTIERREZ LLP r Attorneys at Law 90 New Montgomery Street, Suite 905 �� � San Francisco, CA 94105 Telephone (415) 541-9800 + Facsimile (415) 541-8690 FEB 2 4 2000 E CLERK BOARD OF SU ER'VISO RS February 23, 2000 CONTRA COSTA CO. Via Overnight Courier Clerk of the Board of Supervisors Contra Costa County County Administration Bldg., Room 106 651 Pine Street Martinez, CA 94553 Re: Amended Claim Against Contra Costa County Related matter: Anthony Hines v. Thyssen Elevator Company_ Contra Costa County Superior Court, Case No. MSC99-04514 Our File: Thyssen Elevator/Hines (106.020) Dear Sir/Madam: Enclosed for filing is an amended claim against the County of Contra Costa on behalf of Thyssen-Dover Elevator Corporation, as well as a copy to be stamped and returned in the prepaid envelope provided. Thank you very much for your time and attention to this matter. Very truly yours, TAY R & GUTIERREZ, LLP Patrick E. Taylor, Jr. PET/mca Enclosure X:\106\020\county-03-board.wpd REB-17-2400 15: 16 CONTRA COSTA CTY RISK MGT P.01/02 Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLhZtVfAANT A. Claims relating to causes of action for death or for injury to person or to persona property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100"' day after the accrual of the cause of action. Claims relating; to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1488,must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action roust be presented not later than one year after the accrual of the cause of action. (Goat. Code§911.2.j B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building,651 Pine Street,Martinez,CA 94553. C. if Claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity,separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec.72 at the end of this form. �r * * t * wxxaert �r ,� * * �c * rte e .it t �cx * �tat �t * xr� x AMENDED RE: Claim by ) Reserved for Clerk's piling Stamp Thyssen--Dever Elevator Corporation } RECEIVE[ Against the County of Contra Costa 2 % or ICLERK District) CONTRA OCOSTA CO. ISORes (Fill in Name) The undersigned claimant hereby mattes claim against the County of Contra Costa or the alcove named District in the sure of$ unknown and in support of this claim represents as follows: 1. When did the damage or injury occur? t Gt,e .,t Dace and Hour) See Attached. 2. Where did the damage or injury occur? (1mw4e att and comity) -See Attached. ------------------------------------------------------------------------------------- 3. Now did the damage or injury occur? (Cave fort detols.us*exm paper irrequited) See Attached. - 4. 'What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? See Attached. (Over) FEB-17-2000 15: 1E CONTRA COSTA CTY RISK MGT P.02/02 !!.' 5. 'What are the names of county or district officers,servants,or employees causing the damage or injury" See Attached. e. What damages or injuries do you claim resulted." (Give full extent of Wuries nr damages claimed. Attach two estimates fur auto damace.} See Attached. ---------------------------------__W_.__._.__»_.._______________...__._.._.____4>_______ 7. How w*asv the above claimed amount computed" (Include Lite estimated amount of any prospective injury or damage.) See Attached. __._-'____...._.._............_,»__.o...__. ...............«_____...,..,.,..._............,.... a_-....--- S. Names and addresses of witnesses,doctors,and hospitals. See Attached. 9. List the expenditures you made on account of this accident or injury- DATE ItE� A�SOTTNT See Attached. � � * * � � � � * , � � « � ,� � � * * * * * * � * * ,� � * * max * * � * � � * # « ,� � * * * � * � * * ,� : ,► * Gov. Code Set:.910.2 provides: "The cl' ust be signed by the claimant SEND NOTICES T0. (Attorney) or by me rson on his behalf." -(;U — V--- Montgomery St. . Ste- 9i Name and Address of AttorneyFrTnC s`c ,, CA 94105-4504 (Claimant's Signature) Taylor & Gutierrez LLP (Address) 90 New Montgomery St. , Ste. 905, San Francisco, CA 4105-4504 Telephone No. Telephone No. 4151541-9800 St Ar NOTICE Section 72 of the Penal Code provides: "Every person who,with intent to defraud,presents for allowance or for payment to any state board or officer,or to any county, city or district board or officer,authorized to allow or pap the same if genuine, any false or fraudulent claim,bill, account,voucher, or writing,is punishable either by imprisonment in the county jail for a period of not more than one year,by a fine of not exceeding one thousand dollars ($1,000),or by bout such imprisonment and fine,or by imprisonment in the state prison,by a fine of not exceeding ten thousand dollars (S10,000), or by both such imprisonment and fine. TnTAI P.A) Attachment to Amended Claim of Thyssen-Dover Elevator Corporation In March 1998,Thyssen-Dover Elevator Corporation and Contra Costa County entered into a contract in which Thyssen agreed to service the elevator equipment at Merrithew Memorial Hospital, 2500 Alhambra Avenue,Martinez, CA, a facility owned and operated by Contra Costa County. Laura Lockwood,Director of Capital Facilities &Debt Management, signed the contract on behalf of the County. A copy of the contract is attached as Exhibit A. Linder the contract,the County agreed to defend and indemnify Thyssen from claims arising out of the elevator equipment's use. Specifically,the County agreed to: indemnify, defend, save harmless, and insure [Thyssen] as an additional insured on[the County's] policies, against all claims, demands, and liability for damages, including attorney's fees and costs,or death or bodily injury to persons or for injury to property arising out of or connected with the use of the elevator. However,this indemnity will not extend to any loss,damage,or expense arising out of the sole negligence or wilful misconduct of[Thyssen] or its employees while at the [County's] site. (Contract,Terms and Conditions,para. 3.) On July 7, 1999,Anthony Hines, an employee at Merrithew, filed a complaint for damages against Thyssen in Contra Costa County Superior Court. A copy of the complaint is attached as Exhibit B. Hines alleges that he became stuck in an elevator at the hospital on July 6, 1998 and again on March 11, 1999, and that he suffered injury as a result. Thyssen was served with the summons and complaint on September 16, 1999. A copy of the summons is attached as Exhibit C. Hines reported the incident to his supervisor at the hospital,Barbara L. Hughey. He has visited and/or treated with the following healthcare providers: • Sigal Medical Group 1223 Solano Ave., Albany, CA 94706. • Carlton W.Purviance,Ph.D. 190 Hospital Drive, Vallejo, CA 94589. • Eduardo Abdala,M.D. 1040 Colusa St.,Vallejo, CA 94590. • Knudson Chiropractic 521 Capitol,Vallejo,CA. He claims medical expenses,wage loss, and pain and suffering in an undetermined amount. Attachment to Amended Claim of Thyssen-Dover Elevator Corporation X:\106\020\claim-attach-02.wpd Page 1 Of 2 Under the contract,the county is obligated to defend and indemnify Thyssen from the Hines complaint including payment of any judgment or settlement in Hines' favor and payment of Thyssen's attorney's fees and costs, incurred both in the defense of Hines' claim and in pursuit of indemnity from the County. Alternatively,the County is liable to Thyssen on an equitable-indemnity theory. Attachment to Amended Claim of Thyssen-Dover Elevator Corporation XAI G6\020\c1aim-anach-62.wpd Page 2 of 2 .• MAR 23 .'99 12.19PM7 P.3/6 Cit THYSSEN ELEVATOR CORPORATION ELEVATOR MAINTENANCE AGREEMENT To: CONTRA COSTA COUNTY 2500 ALHAMBRA AVENUE MARTINEZ, CA (Heminafter Purchased Contrrtct Proposed by: THYSSEN ELE'V'ATOR CORPORATION (Herainalter Company) THYSSEN ELEVATOR CORPORATION 1660 FACTOR A VEhiuE SAN LEWDRO, CA 94577 Agrees to service the elevator equipment described herein on the following terms and conditions, in Purchasee's building located at MERRITHEW MEMORIAL HOSPITAL 2600 ALHAMBRA AVENUE ` MARTINEZ, CA EQUIPMENT DESCRIPTION TYPE QUANTITY MANUF cTuREit EI..Ev.10 LANotNGs/OPENiNGS GEARED 5IX(6) USEC 616 IL PURCOASEWS RE.SPONS1131UTIES • Possession or control of the equipment shd remain exclusively yours as owner, lessee, possassor or custodian. + Your ritsponsibility includes, but is not ihrited to, lnsbu:Ug or warning passengers in the proper use of the equipment, taking the equipment out of astsLIN when it becomes unsafe or operates in a manner that might cause Injury to a user, promptly repoftg toes any accidents or any condition which may need attention and maintalnlfrg surveillance of the equipment for such purposes. •' You will provide us unrestricted access to ft equipment, and a sate workplace for our employees. ;, • You will keep the pits and the machine rooms clear and tree of water and trash and not permit them to be used for storage, and provide supply power of plow voltage and free of aberrations. • You agree that you will not permit others tomake changes, adjustments, tests, additions, repairs or replacements to the equipment You will ensure that machine rooms are prWrty ventilated, and hurrtidity and temperature controlled in the 55 80 Osgtees Fahrenheit range mandated bathe ANSI 17.1 Handbook. R E V E ( VED MAR - 91998 TifYssFm EitvATcw CoxpowtTroN MAINTENANCE AGREEMENT CENrEXGOLOF,V PAG€1 WRRi i HEW MEMORIAL HC15 ITAL.) MAR 23 '99 12:19PM �._,� P.4/6 FMTD-518 COMPANY'S SCOPE OF WORK Under this'contract the Company will maintain the elevator equipment herein descriW on the following terms and conditions: The Company will use skilled, trained personnel, supervised and direetty employed by us and use reasonable pre to see that the equipment Is maititained as set forth herein..The Company will regularly and •systematically examine, adjust, lubricate, and If conditions warrant, unless specifically excluded under the exdustons paragraph, repair or replace the: , *achlne:Including worn, gear, thrust bearings, drive sheave, sheave shaft beatings, brake coil, brake linings and components. Pump Unit:including pump, V-belts. strainers, silencers, springs and gaskets. Motxar.lncluding motor windings, bearings, rotating element, commutators, brushes and brush holders. Motor0enerator:Including windings, bearings, rotating element, commutators, brushes and brush holders. Jack Unit:including plunger, guide bearing, packing and parking gland. Controllear:Induding relays, resistors. contacts, costs, leads, transformers, fuses, timing devices and solid Mate components. Valves:InrdWing relief valve. pilot, lowering, leveling and checking vows; at any of the parts thereof. Dispatching Equipment including relays, resistors. contacts. mils. leads, fuses. transformers, timing devices. and sold state components. 3 elector:Inch Aing electrical or mechanical drive components, cams, contacts, relays, resistors, :Gads, transfonnersa.and solid state components. Governor.Including sheave, bearings, shafts, contacts and governor jaws. Car:including power door operator door protective devices, car door hangers, car door contact, load weighing equorrist . car safety device, car guide shoes, and subflooring. Holstway:Including deflector sheave, secondarysheaves, buffers, governor tension assambties.guide rails. grit aW tches, compensating sheave assemblies, compensating chain of cables, trawling rabies, ho'ssiway and r6achine room wiring, hoWway door Interlocks, hentway door hangers and gibs and auxiliary closer. Accessory Equipment:including all accessory elevator equipment installed prior to commencement of this 'contract unless excepted In the exclusions paragraph. Fixtures:car and hall button stations. master indiador control panels, all signal furfures including contacts, buttons, key switches and locks. lamps and sockets will be replaced during regular examinations only, or wilt otlumwize be subject to separate billing. Furnish tubricatnts:compounded to specifications and-selected to give the best performance. Furnish and Maintain:hydraulic fluid at proper operating level. Wlr*ropes:will be renewed as often as necessary to maintain an adequate factor of safety and equalize the tension on all hoisting napes. P QNS: The Um fided on the schedule below show considerable wear and will have to be replaced In the near future. To -prwidsr,you mr/I b the maximum service from these items„ the Company los accepting them in their present condition with the understanding that you agree to pay, in addition to the bass amount of this proposal, ars e d a price at the *"the bwr;s Aited ora fitrst replaced. The dmp for this rephscoment will be determined erehined by prorating the total cast 'of reptaclimg the Individual item& You are to pay for that portion of the We of tate lama used prior to the data of this • '.contract and the Company agrees to pay for that portion used during the dins of this conitad SCHEDI E OF PARTS TO BE PRORATFD ('NOMQ QURS OF SERViCE All wok%boll be performed during the regular working haus of the regular working days of the elevator trade, unless ottmer%40 specified below. The Company will provide emergency minor adjustment call back service: tWAtar Maintenance(FM) C13. Dirrlrtg.regular working hours of the regular working days only. Callbacks outside these hours will be baled at our regular rates in addition to the contract base price. Elevator.Maintenance Time Differential(FMTD) 0 . On overtime callbacks, we will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, at our regular billing rates. 9ryabpr Malntrnanes with Callbacks(FMO 1 5' :.On a 24 hour; 7 days]a week basis, and Wi will absorb the premium expertise. TNv ssEm ELhvAlroR CORAORATioN MAINTENANCE A GREEMEN T PAsata 2 MAR, 23 '99 12: 19PM1, P.5/6 FMTD-518 � r-� TESTS The Company shall not as a part of this agreement be requited to make tests as set forth In the edition of Arnedcan National Standard Safety Cade for.Elevators and Escalators(ANSI,17.1)In effect at the time this agreement is entered into. SPEC[AL PROVISIONS 'This agreement, after acceptance,is agreed as being entered into, and service shall commence on October 2t,1997 and continue until terminated at the end of the fest SIX(6)years after tha commencement date..0— CONTRACT PAYMENTS Are due monthly in advance at monthly increments O (i 0.00 )per month ACCEPTANCE This proposal. when accepted by you, including the terns and the exclusion on page four(4)hereof and approved by a Company otlioar, shall constitute the contract between us, and aN prior representations or agreements not i*corporated herein are superseded. This agreement, if not property executed and returned to us in sixty(60)days from the date submitted is void. Proposed for TIMSEN ELEVATO Accepted CONTRA COS'T'A COUNTY Legal Nome of Pwzhww ,Address 2500 Alhambra Avenue BY DEBRA WILSON Martinez,CA 945W Title BUSINESS-MANAGER Tate Submitted-March March 5.1994 Accepted for: till 'VATOR CO �d r ; BY PrA'f h QrAut W&*dAgw9 tine /'rte..�9{tT-.es. JGAtua. IL60 TftleR27Pneside , • .rt 7 h�4.v�t.rervr' , Onto ��q Date - Txnst x ELEvAToR CoRpoR nox MAINTENANCE AGREEMENT PAGE 3 MAR 23. '99 12:20PM FMTD-518 3 f< TERMS AND CONDITIONS The Company shah not be held responsible or Noble for any loss. damage. doter rr, or delay caused by accident& strikes, lockouts. Ars, floods. acts of civil or n-Altary authorities, or by insurrection or riot, or by any other cause who is beyond Its reasonable control. In no event shah the Company be liable vicarlousty or for consequential damages or for proposal of hazardous waste materials. No work,•se&I=or liability on the Company other than that speoticaay mentioned hervin is intended. The Company s1uW not be liable for any onvironmentaVecatogicai reporting, tasting, cleaning. or rehabilitation dictated by any agency or party for any reason: If such action is required, the Company shah be fully compensated by the Purchaser. Purchasees equipment, as is any other electernechankstl equipment. Is subject to wear and tear. detedioradw an+d'n>of unction 'through use, abuse. wear, aontaminatim and other faeces beyond the eonbd of Compry. VVhgs this agreement Is designed ttt"reduce Me wear and prolong the useful We of such equipment, Company makes no reprosadadon that such equipment wig not besot down or maMindlion, and Purchaser•shan hold Company harmless from any such event or ardionrs arising therefrom. The Purchaser wig indemnity. defend. saw hrmlass and Insure Company as an additional insured on Purchasees policies against act cialtrss, demands, and fiabillty for damages. including atlomaym fees and casts, for death or bodily injury to persons or fir ir*xy to properly arisklp out of or connected with the use of ilia elevator. However, this Indemnity will not extend to any loss, damage or expense •thing out o!the sole negligence or willful miscanduet of Company or Its employees wide at the Purchasees site. At any time the Company's serviceman is servicing the egrripnwM til.Cor ;*q is asserting possession and control oniy over the spedirte component being serviced at"given rnromlat and postettlon and 001111 ai the mittainder of file+egkdprrtherst snail reQ+ein with the Purchaser. The Company shall mat be responsible for any titration float miry occur that cannot be revealed by orw aryl visual white Company is at Purchasers sit*. In the event the Purchaser falls to gin the Company immediate verbal and conlitmirg written nobco within twenty four haus or any accident,•Wer tion or change afrecnng file equipment fails to knmadiatey discontirm use of the equipment known or srupecled to be #utWy or falls to maintain surveillance of ere equipment in order to dowl faWty opersion, than Purchaser will be hold responsible fru any and all damages, injury and gaba ty as a result of said tenure, This notice requkernet is to be strictly construed and any fatium to comply with this requ•'rrement will serve to told the Purchaser and irs insurer liable Wr any and tat damages or injuries which result theraivm. (ht the event Company gives Purchaser notice of, or Purchaser fails to have any usade randidons corrected. Company shat have po it~obligation to perform under this contract and such failure to cortoa shall be doomed a material breads of this contract by Pwthasrer'. I the event rK safe, lease or ocher iometer of est elevators or otherequipment 4esrsibed herein, or the promises les wrhidh theyare located, ora change in the paying party. the Purchaser agrees to sea That such tuarsh"or a'tlemats payment party Is mads aware of this contact and assumes and agrees to be bound by the terms hereof kir Via belance at the contract tem and subject les tan■`nation as herein provided, or otherwise be gable for the fug unpaid balance due lor the unexpired term of the contract, provided however, that in .any SUCKOM the Company may in its sole dISCMdon taminsto the above ksxaradwieh any such successor at any time upon(30)days advance eotrr i in wetting. The contract price Is a unit XnXK t tot the entire contract period PA*o to interest and escalation adjustmants. Mon1hily payments are only for Purchaser's aw itnience. In the event of breach of this contract Including the failure by Pummel to pay the price when due. Vile Cenpany may at its option dWm all stops due or to be become due under this contract lar the unexpined term of the contract Immediately dos and payable, and agrees that the Company isdischarged from any father obligations to psrfixm. Any monies due shan bear kriaerst art the maximum rata allowed by law. Interest when not paid shalt compound where penWftd by taw. In the event legal or other action is kafl dW by the Company to collect any money due It under airs contractor darrages for its breach. et studI be arfAW to mcoau at third porly cc lh a on expenses. attorneys fees and costs Incurred by k with interest in c *#w;don with such action whaler or rot a faarsuk is 'Iged or concluded. In file evert of an actual or ahegW dsfaua by Company. Puraaser shalt give Company a ten day wttden anti m and if Company falls to curs of cxhrnnunce action to cure within such period. PuroUser may, upon an addidwai tees days whiten notice. 1prmiriait'a this agreement Disputes;will be resolved to the maximum extent possible by good faith hoaollsd*r h. It a dispute Is not waled then arty controversy of claim arising out of or roaatlrg to this eootma Shea be settled h accordance with the Commercial Arbil mdm rotes of the Arrrsefeatn Arbitration ALsOcistiOrk and judgment ages the award nay be entered h any court having jurisdiction theraot, h ca.srg of nontitary disputes, the panics shall each make their'post and tinar otfrs and dee Aebtraior(s)than elect either one or the Wier of the rtftrs vdiMM proration. The roan-prevailing party shag pay twa Arftibtlor(s)foss. Qalg ire pendency of such disputa, poc baser veil PINY Campeny any undisputed suras or N same be in disptde such reasonable valets as would normally be attributable to the work and the Mai'hralue of the work including the disputed a mmv tf a the dispute Is riled In Campanyr's favor. It to disputed arnount(t)am not so decided le Comtpany's favor, then Wrpatry shall remit batt to Purchaser any excen sums grad. In the event the Purclhmes aceeptarhee is In Ilia form Of a purclhaso ardr or attain triad of document. the provisioner, sell and condllici of this Agreement shad govern in the evertof aardlirt . EXtvi.UstONS The fohowiN items are not ksduded in thda aw*wt M****9, M**dskg„ rapSrAg or mptacernarst,d any at the "VW tab, its Aoors, boor wvaritg, %ft harelraHa,anlrg e4CZ tis hols%ay nadoaurow, doors, frarrtas and as or cow pon ons of stat equtplmerat subject to public;abuse', hydroma cylinders, caakgs, hydrr,dk;pipbg, cathodic puolodw ayftnW motto latort Of any Aght'bur^ Iludrsscorrt tubes and aseodated Mases used far cab AWmkesim. bsitaries for amwgancy Agittsg, ry power units or parnpor{enls installed or connected for emergency standby pourer use; amain Yne payer switches, breakara and toads b control Oqulprtwr►t or obsolete aquipmam which is no bags+rogutarty rabble trough normal supply aowc*s. q rhe original egdpawd was not r=0&cbx%c['or Installed by Company, or was provtdad by Purchaser(tuck se, but rat IkrAed to:alarm seatdty,kttarmm or other syatlatns),cry pmbi ms with design, material or worlunwahip we specialty emkow nom coverage under t"agreement r tha `elevataa Ara equipped With a 11115 tae's panWl feature.the Company will not be maponsibfe for the maintemnce or funditaft of the smoke andldr beat delockriftensors. Rppaks or renewals necessitated by ordinary war and two*snail apply to this oontmses„ orad dee Company Owl nd ba inquired to make adfustenents, repairs or renewals necosattaied by reason of negligence an tis part of others. misueea(the equipmartt •envkonmsntaf oonditiona Irtdudfng leakage, or by reason of any other rause ttryorad its Comusys pCal 10 len the evert lath are eequkid by contact Pundsaser undeethndt tart tit tart knpose uporh tthe aquowrt greater strains then thcrs rising tan normal apiaratan. Ttiersfru, it is algrhsard teat In mafdng atarlt felts, iso Cohnpsny that not be held!fable for leakage, foss, darook krjury or t>rr+sor+s a Dt lir. anti those oI the Corhtpatty. irate of the of lire action or failure of any of two daviece, if repedes an necessary before or agar suclw tett ro mar code err , such work shall be considered as an extra to tints aoathtratx arW ptayeble as!separale order. tins Company b riot ttbgpatsd b kw*new attachments on the elevator, noir now or dlttttant tests or da otter lhdrwgs not taquirad by gwtsnrrhenW rsglAatoths in etfecl an the date this contact was first entered into whether tx riot regommended or directed by Irately in o ting. hies err by gawtmunerhtat aurhattta, nor make any roplacsme a vdMa pats of a • .Alf(ereM design unless agreed to separately in wrung, . TNYSSENELEVATOR CORPORATION MAINTENANCE AGREEMENT PAaE4 Ar's CRNEY FCA PATTY WITHUU I A+;C ANEY(NAME A-ti J ACCRESS): TELEPHONE; FOR COURT USE ON Y i0FIN C. SMITH, JR. - =Q4i157 ( ''� �) 861-1086 LAW OFFICES OF JOHNN SMITE., JR. �� �,���'�► ��� 1390 Market Street, #r310 � San Francisco, Ca . 94102 ATTORNEY.FOR(NAME): Plaintiff r�riGis ca Insert name of court,judicial district or branch court,ff any,and post Office and suset address: WI. Superior Court of the State of California WW '0 CITY CITY AND COUNTY OF SAND FRANCISCO N it��gti-� 400 McAllister Street San Francisco, C.A. 94102-4512 PLAIN T iPr7: ANTHONY MINES vV , DEC DE=ENDAAN T THYSSEN ELEVATOR COMPANY (UNLIMITED JURISDICTION) ( DOES t TO._L0 CASE NUMBER: COMPLAINT—Personal Injury, Property. Damage, Wrongful heath =i MOTOR VEHICLE �t�T`riEr'i(specify): Props Damage d Wrongful Death 304726 CnPersonai Injury Other Damages(specify). 1. This pleading,including attachments and exhibits, consists of mer following number of pares: 2. a. Each plaintiff named above is a competent adult Except plaintiff(name): ©a corporation qualified to do business In California C3 an unincorporated entity(describe): (�a public entity(describe); 17 a minor CD an adult C:] for whom a guardian or conservator of the estate or a guardian ad!item has been appointed I3 other(specify): [�other(specify) Escept plaintiff(name) ( a corporation qualified to do business In California an unincorporated entity(desc dbe): (�a public entity(desdAbe): w [�a'minor (an adutt ~` O for whom a guardian or conservator of the estate or a guardian ad Iitem has been appointed (�other(specify): other(specify): b. Plaintiff(name): is doing business under the fictltious name of(specify): and has compf£ed with the fictitious business name taws. c. M information about additional plaintiffs who are not competent adults is shown in Complaint-- Attachment 2c. Con#Wrenn Form Acocoved by the Judietsi C4W dl Of C400MIA COMPLAfNT--Personal injury,Property Damage, Etteezrve jwwaty t,1%2 Rule ee12"tm Wrongful Death CCP 425.12 -C-87 $HOFtT TITLE, ' CASE NUMBES. HINES vs. LHYSSEN ELEVATOR -f`.'COMPLAINT—Personal Injury, Property Damage, Wrongful Death aaye rwo 3. a. Each defendant nam4bove is a natural person Ezcept defendant(name):' ( Except defendant(name): SsenLL Elevator Co.' 'a'6Us anization,form unknown l a business organization,form unknown _ yrs [R a corpc�ra3lon. �.: [ a corporation [ an unincorporated entity(describe): [ an unincorporated entity(describe): j� a public entity(describe): Q a public entity(describe): = other(specify): =other(specify): Except defendant(name): Except defendant(name): Q a business organization. form unknown =a business organization,form unknown } a corporation =a corporation [� an unincorporated entity(describe): an unincorporated entity(describe): Q a public entity(describe): a public entity(describe): other(specify). other(specify): b. The true names and capacities of defendants sued as goes are unknown to plaintiff. c. ] Information about additional defencjants who are not natural persons Is contained in Complaint— Attachment 3c. d. M Defendants who are joined pursuant to Code of Civil Procedure section382 are(names): 4. Plaintiff is required to comply with a clalms statute,and _ a. CM plaintiff fres complied with applicable claims statutes.or - b. ®plaintiff is excused from complying because(specify). 5. This court is the proper court because _ _ ._. . _ ....._. .. [mat least one'defendant now resides in its Jurisdictional area. =the principal place of business of a corporation or unincorporated associatlon is In Its jurisdictional area. C3 injury to person or damage to personal Property occurred in its jurisdictional area. other(specify): 6. The following paragraphs of this complaint are alleged on information and belief(specify paragraph numbers). (Continued) PW*two H7NES vs . THYSSEN ELEVATOR COMPL. INT—Fersonai injury, Property Damage.' Wrongful Death (Continued) Pacai„ra- 't. The camages c.`imed fcr wrongful dea:n and the relatiansf i-'s at tc the escarsed, are listed in Ccrrsplaint- Attachment s =as follows: ii. plaintiff has sufferer li wage loss =lass of use.of properny hospital and meciczl exrenses rr,c`neral dar.,age .r-7 preperr/darnage r Xi loss of earning cacao-,/ 0 other carnage S. Relief scug,;^t in i-"is car^ taint ins wi*,;<ir: file;urisvic on a`this ccur'. For judgrnent for cos:s cf scat:for suci relief as is fair.just. and ecaitac3e: ,and fcr ( c:rnpensa:cry camases (Superior Ccurt)ac:ordting to ,proof. i (Municipal arc Justice Cour.) in the a cunt of S ruler(specify): I T. thi fallowing caiuses of action are attac."ted anij tfie statements above apply to eeac z: (`ac.'t complaint mus;have. N= aver or more causes of acdarr attached.) (=Motor Vetricie General Negligence intentional`fort Products t.itabitity [D Premises Uability ' Other(speei;y). JOHN C. SMITE, JR. . ._... tTyp�`ar car norm+! yr attomay) CC &IPL.AIN—i—Personal lnju .P j• +arty Damage, pagV*mrW* Auto 992.1(1)mcnrcr Wrongful Death(Continue+d) C-8 r SHORT TITLE; CASENUMBER: EINES vs. is:HYSSEN ELEVATOR F'TRST CAUSE OF ACTION--Products Liability Page 4 (numear) AT T ACHMENT TO Q Complaint =Cross-Complaint (Use a separate cause'of action form for each cause of action.) Plaintiff(name): Anthony Hines Prod.L-3. Can or about(date): 7/6/98 through plaintiff was injured by the following product: Thyssen Elevator Company - series of malfunctions Prod.L-2. Each of the defendants knew the product would be purchased and used without inspection for defects. The product was defective when it left the control of each defendant. The product at the time of injury was being QM used in the manner intended by the defendants. used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not readily apparent. Adequate warnings of the danger were not given. Prod.L-3. Plaintiff was a Q purchaser of the product_ ( user of the product. bystander to the use of the product. Q other(specify): PLAINTIFF`S INJURY WAS THE LEGAL(PROXIMATE) RESULT OF THE FOLLOWING: Prod.L-4. ( Count one—Strict liability of the following defendants who a. Q manufactured or assembled the product(names): THYSSEN Does 1 -to T b. Q designed and manufactured component parts supplied to the manufacturer(names): THYSSEN CC Dees to c. i3 sold the product to the public(names): THYSSEN (M Does'_. =-_-.to Prod.L-5. ( J Count Two—Negligence of the following defendants who owed a duty to plaintiff(names): THYSSEN CMDoes to 10 Prod.L-6, Q Count Three-breach of warranty by the following defendants(names): Q noes to a. Q who breached an implied warranty b. Q who breached an express warranty which was Q written moral Prod.L-7. Q The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are Q listed In Attachment--Prod,L.7 Q as follows: form Awad by thea Judicw Courted of Caufarnia eff.CtRale I(s)`19e2 CAUSE OF ACTION--Products Uabiilty CCP 425.12 r f � � o o Ch tp ~a LA 0 c • ro y W th co 3q.COMir-. ►�. -1Z 19 800-334-5000 �► 9455 ILHAMBRA VALLEY/PAC !FO 17 OC/205 1 letter ..t <,.. 777=..5.. ;.. _ Y i` 02/23/2000 16:39 FAX 415 861 1030 JOHN C SMITH JR (SI O2 � `c c. 9'Npbqs 1 JOHN C. SMITH,nL SE#047157 LAW OFFICES OF JOHN C.SN nIL AL 2 Fox Plaza, Suite 310 1390 Market Street SEP ear 3 San Francisco,CA 94102 ' 7999 415)861-1886 :+� A �C , 4 415}861-1030(Facsimile) ONS CJ 5, Attorney for Plaintiff 6 7 SUPERIOR COURT-STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 8 UN'LIlVIITED CIVIL JURISDICT ON 9 10 ANTHONY HIKES, 11 Plaints CASE NO: 304726 12 vs. RETURN OF PROOF" OF SERVICE- SUMMONS 13 THYSSEN ELEVATOR CO. and DUES 1 to 10, 14 Defendants. 15 i 16 Enclosed for filing in the above matter is the original Proof of Service-Summons on 17 defendant Thyssen Elevator Co. 18 19 20 Dated: September 22, 1999 QV,O CES . SIMTH,JR. 21 7 C. NV rm JR. homey P Anthony Hines 22 23 24 25 ~ 26 �of QMPw pftafsamck-s - a00 C s!zTH JR ri 02/23/2000 16:39 F.AX 415 661 1030 3,9 J- PREOP OF SERVICE -- SUMMON .tee sapausrtar ptpef of sorede;a far each,persato serrved) � � 1►'m ""'"�t� t l served the cILuettre ons �comptaint amended summons aimended complantv orrgtktad and blank Case Lwff tither fspeeifyl. A- h. on defendant (name. ,41dt Zkd 4"t+C�- °� � a♦ ,,�}.w t by sarvireg Coafandarrt t.......1 other fnemo and ri a or rtrlaedloJfship to pa:mon`,served): d. �by delivery= at horria C: nt buslnesa (1) date: ...Q40zr (3) address: /G : ,4C.•+1616. a by mailing 11) dater (2) pisco: I Manna of service (check pmAw box). s. Personal*+author. By personally detfworing Copes ail ICCP 415.10) b. Subetttuted service on condom vninco po+atad assoadetioer OnctuiAng parmtrahip), or public'arrehy.By leaving. during usual office haunt. Copies in the oi'#ica of tiro oee:son served with the person who stive.wit ty was in charge and thereafter rnaii(ng(by f(rst•elass rruRt"1,,postage proosidt copies to the person served at the place where the copies were left ICCP AIL20(a1) c gubeat kmW sav o +ore n&6gW preteen untrue.contervatea. or candidam By leaving Capias at the dwelling house- usual place of abode, or usual place of business of the parson served in that presence of a coftVittesrt rner!b Of the household or a poison apoarentty In Charge of the office or place of business,at learnt 18 years of.age.who was { infortrted of the general nature of the oapam and thereafter mailing tby first-ease melt.postage prepaial C 0ex to the person severed at the lllaCWwhe m the copies were left.[CCP 415.20(b)) ,(Arrack saprretet darehrstlda aar rfrrrdevit sr.rrin-y ac=rsfred ort to,assab+tesaet mamrtablix*Wguenco in first ar1arrrp6%g pwvonaf aaervi*a.1 _ d Moo and acknowtodgitum x0viere.By mawrig thy first-class mail ail or morulae,postieijjsrvpeur d) xca" to the oers*n servers.togerherwith two cottles of the forth of notice and acknowledgment and a raurre envelope,,hostage prepai4 addressed to the sander. (CCP 415.30) 44troc*comWoted arknowisdym*nr of mc@62W ' e Cartifled or reyisterad mall service.By maTi mg to an address outside Callfarnis (by first-lass MOO.POSt326 pMaid. } reauiring a ratun"receipt)Copies to the person served.(CCP 415.40) (Arrack siyne►drarrrtrt rae�i ser aytJreerauddan�s of actual dolio ry to the parson s'armcL1 f. Other fspocify Clads soc onj: additional page is attached, 3. The "Notice 10 the Paraan Served- (on the summons) was ctimptatsei as follows (CCP 41230. 415.10.axed 4714-- a. 741:a. as an individual defendant:. r b. as the person sued under the Iladticus morne of frpeoi}Yl: � G an behalf of fs'pft fyj _ � y under. CCP,41IL1 1 (ear'porstdartl CGP .119.60 (minuet outer: CLIP 41eM (defunct corporation) CGP 41!x.70 (consarvatear) CCF' 416.40 (association or patnerxWo) CCP 41&90 re unvid tl ; d.= by personal delivery ren fcfaral. . A> At tae time of service )was at(asst 18 years of age and net a party to this action.. _ S. Fee for service a 6. "an serving: A. Califaarnia sheriff. marshal, or aonstabla. C Name,address and tolophoeto number and.if MOCObie. h.. Registered California peace= server. county of registration and numbert. _ G ra"010yera or Indsoandent Contractor of a registarad L` California.process server: ' ,els ev ei. Not a registered California prar,aeass term �� ea 006 & p�e�� e. rEj amo% from regixtration under'Sus. &Prof. Coda . 32U0(b). I declare under penalty of perjury under the laws of the Soto torr ca"offAAN'Abseff. j"M1,44 or doarubN am*my) Of California that the fo eros is true and correct t certify that the foregoing is true and cttrraM ;If Cater. er Date: o2r2 .r2000 18: 9 FAl 415 8ti1. 1130 Tort C.SJSITH JR Z04 C,1f _ -- .d1 a7 -1 SUMMONS .--y-: -TA�"sse "(C/7 .ItlDICtAL) NOTICE TO DEFENDANT, fAviso a Acusadd) aeeo,�+..e cr sK rcrrrx THYSSEN EI,EVATOt C010ANY (UNLWTED JMUSDICTIO ) =d DOES"1 tcp xcl_" , C. YOU ARE BEING SUED BY PLAMMIFF: (A Ud It eta demandatdo) _ , � �f�`,v' ,' jt.9 =+ ANTHONY HINES - r You haa+e 30 r,4LWZk4J?DAYS after this sum- Dexpu&de gyre to errenquen era dftd6n jug6 ral wte!d mons is sawed on you to fie a typswrittan ret- dene an plaza de 30 01AS CALSNDARIOS para presenter- s sp*nm at this court.. ssrrra m utesta ascrift a miquirta an este earl& ? A tetter or phone =0 will not protee:you:your , Una cuo a um Xlvvads Weems cr .no It ofroccei typewritzenresponse must be in proper legal protee:o&irsr, srr re spuesta eyctrta a iriquina tr'ont quer "ora H you Want the exrur.to hoer your case ormrpVZr cgrt las T+arnuadzta+es I'eo ilea'apropii+ja.4 si usted !f you do not Es your frrarrsonse on trines.you may geriewe ejete to cx+r:e eceurlrr str rte. laser the case. and your wages,money and pro- 9 rated no presenia.fu respuem a tienrrpo, Puede pe:raer Pea may be taken vridtastc f=thew warning from ee{cz=y le pie:-guitarsu saZarFiz=dinev y outs cases the tosvt de scr proprad+d sin avisrt adldarral pop parte de la csurfe. i`here are c ihet tergal requiramerrts. You may &Ewart Oros rewlsitos lep/aL Puede que !Wed quiera wars to=8 are w aomey risgNt away.If you do nest hamar a &w siragade inure dlatarnenta,$i no cancer sun know an a, may.you ersaY=9 an=orsley seder- abomadea> puede 11am.7r a un se.—n-do de referencia de ral servicat or a legal aid ofie*(r=od in the phone labopdos o a arta ofidna de ayuda le$al(vo id dire0orio book). ted rriervl_ The naarne and add of iMe wan is W nombee y direceiein de! Is-=ne es) Superior Court o; the State of Cali�e�rnia CITY .AND COUNTS OZE SAN FPJMCISCC} . 400 Ma:.8,1.lister Street Sant Eranci3CO3..CA` 94102-4512 'rho tsaniet, addrags, and tolcohars n=ber of v1sindfrs sresr iy. or ptaindtf witlu=an =cmev. is rsJ nombm la d�i e=ddn y d n*nwo de a_-Womo def sbopdo dM dMandoM o dad dermndanrer out no gene abopdo, eel 101-7`1 C. "S2M M, QTR:. -- #049157 , 03TIC ES OF JOBN, C. Ste, 0 rt: 13.90 Market Street, 6 31.0 San Pr=CZ.sco' Ca. 941.02 961-180 6 ` ' MQNIC"O S,M';cC r 'JUL �7x1 ALAN CARLSON. CWs- by ' Nt3ncs Im ?pm mscty yw ser saw _ 1. ss rn i wfvi"d+s#ausam 2.°L::1°as }'les puma weti•c ndur4M liCtftm resrne of kpa+eifylr +3. 'can bahatt cf.4*od a ,undeA -tom?476.30 le m perudord+ CC.P 416.80 V"k%ul CCp,416. -tcleflunc't 1 CCP 4I L70 1consurwaterel CCP 414L40 tssasockrem or esrsnaxaWPj CC:p 41"o Wftiduedt .,•�� .- br purswal deaveeny an t'di w., Hbwrf Mr!1++r1al - C-53 ' SUIMMONS, °' � �• �! er t0 HAY94553 �p ALHA SPA VALLEYIPAC SFO 23 C01205 letter in CO rm CID �.. 44h . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 21, 2000, by the following vote: AYES: Supervisors Gioia, Uilkema, DeSaulnier, Canciamilla and Gerber NOES: None ABSENT: None ABSTAIN: None SUBJECT: Tolling Statute of Limitations on Claims by members of the Deputy Sheriffs' Association involving the Fair Labor Standards Act. This Board having previously approved tolling the statute of limitations on the members of the Deputy Sheriffs' Association claims for fifteen months; and The County Counsel having recommended that the Board of Supervisors agree to further extend the tolling of the statute of limitations to October 15,2000,pending settlement of the dispute; NOW, THEREFORE, it is by the Board ORDERED that: 1. The County Counsel is authorized to agree to toll the statute of limitation for filing suit under Fair Labor Standards Act regarding payment of non-sworn members under section 7(k) of the FLSA, delayed payments, and miscalculation of FLSA overtime compensation until October 15, 2000. 2. In the event of a settlement of the above-referenced dispute,the agreement to toll the statute of limitations may only be applicable to those members of the DSA who are bound by the settlement,provided however that the County Counsel is authorized to waive this requirement. I hereby certify that this is a true and correct copy of an action taken by the Board of Supervisors on the date shown. ATTESTED: March 21 , 2000 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Contact: Edward Lane (335-1813) By4–A-1 Deputy cc: County Counsel Sheriff-Coroner TO: BOARD OF SUPERVISORS 1 1 V� FROM: Phi! Batchelor, County Administrator . , .. DATE: March 21, 2000 _ L;Ostd SUBJECT: Final Settlement of Claim Demetriss Davis vs. Contra Costa County County WCAB No. OAK 233966 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment from the Workers' Compensation Trust fund in the amount of$30,000. BACKGROUND/REASONS FOR RECOMMENDATION: Robert J. Cavallero, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Demetriss Davis vs. Contra Costa County. This Board's February 15, 2000 closed session vote was: Supervisors Canciamilla, Gioia, Uilkema, DeSaulnier, and Gerber, yes. This action is taken so that terms of this final settlement and the earlier February 15, 2000 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR '�4F�MENDATIOW BOARD COMMITTEE - APPROVE OTHER r SIGNATURE(S) ACTION OF BOARD ? MARCH 21, 2400 APPROVED AS RECOMMENDED X _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD X UNANIMOUS (ABSENT None ) OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED MARCH 21, 2040 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Tony Schleder—335-1411 cc: CAO Risk Management Auditor-Controller BY DEPUTY