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Home My WebLink AboutMINUTES - 03282000 - SD4 TO: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Cont , Cost DATE: March 21, 2000 Co SUBJECT: NEW LEASE - 610 MAIN STREET, MARTINEZ BLDG. NO. 590 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i. RECOMMENDATION APPROVE a Lease, commencing April 1, 2000, with HILSON FAMILY TRUST, ROBERT. L. HILSON, and SUSANNE H. EDGAR TRUST U/A/D 1/29/90, for 610 Main Street, Martinez, for occupancy by the Employment and Human Services Department and the Historical Society of Contra Costa County, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. DETERMINE that the above project is an activity not subject to the California Environmental Quality Act. DIRECT the Director of Community Development Department to file a Notice of Exemption with the County Clerk. II. FINANCIAL IMPACT Payments required are to came from the budget of the Employment and Human Services Department and the General Services Department. III. REASONS FOR RECOMMENDATION/BACKGROUND The Employment and Human Services Department (EHS) requires expansion space for staff currently located at 40 Douglas Drive, Martinez, The Historical Society of Contra Costa County (History Center), currently located at the County owned Oak Park Elementary School property, is required to relocate since the Board on July 20, 1999, declared the property surplus and slated for disposal. Neither EHS nor the History Center require remodeling to occupy the former Hilson's Department Store space. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �PPROVE OTHER SIGNATURE(S): ACTION OF BOARD __ March 2 8 . �(�Q() APPROVED AS RECOMMENDED ACX OTHER The following people offered comments on this matter: Betty Maffei, Contra Costa County Historical Society, 1070 Bristol Court, Walnut Creep; A.F. Bray, Contra Costa County Historical Society, 736 Ferry Street, Martinez. Following the comments,the Board APPROVED staffs recommendations. VOTE OF SUPERVISORS _XX_ UNANIMOUS(ABSENT AYES: iNOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J,GILBERT(313-7100) CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM) AND CORRECT COPY OF AN ACTION TAKEN Lessor(via UM) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Employment and Human Services Dept.(vial UM) Historical Society of Contra Casts County(via UM) ATTESTED March 28, 2000 Orig: General Services Department-UM PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY GENERAL SERVICES DEPARTME LEASE MANAGEMENT DIVISI 1220 Morello Avenue, Suite 10 Martinez, California 94553-4711 Extension 3-7250 FAX 3-7299 DATE: March 14, 2000 TO: Phil Batchelor, County Administrator A&4"& FROM: Barton J. Gilbert, Director of General Services SUBJECT: Agenda: Lease—610 Main Street, Martinez Bldg. No. 590 (03-21-00) A new Lease has been negotiated as follows: OCCUPANT: Employment and Human Services Department and the Contra Costa County Historical Society RENT: $4,400 TERM: 5 years COMMENCING: April 1, 2400 CANCELLATION: None OPTION: 1- 5 year SQUARE FEET: 10,000 SPACE TYPE: Office and Record Storage COUNTY RESPONSIBILITY: Interior,janitorial, routine maintenance of all systems ADDRESS: 610 Main Street, Martinez LESSOR.: Hilson Family Trust, Robert. L. Hilson, and Susanne H. Edgar Trust U/A/D 1/29/90 NOTICE: Government Code Section 25351 Notice given to City of Martinez on Feb. 7, 2000. CEQA CP#: 00-31 BJG:CGB/Agenda Itm 610 Main St.doc cc: Gene Ross,Ross Company Realtors Dave Smith,Employment and Human Services Department General Services Department Kathy Brown Alan Pfeiffer Terry Mann Risk Management TO: BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services Co t Cos DATE: March 21, 2000 CICU SUBJECT: NEW SUBLEASE - 610 MAIN STREET, MARTINEZ BLDG. NO. 590 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Sublease, commencing April 1, 2000, with the Contra Costa County Historical Society, for a portion of the premises at 610 Main Street, Martinez, for occupancy by the Historical Society, under the terms and conditions more particularly set forth in said Sublease, and AUTHORIZE the Director of General Services to EXECUTE said Sublease on behalf of the County. II. FINANCIAL IMPACT The cost of building maintenance and utilities are covered by the budget of the General Services Department. The Historical Society will provide their own interior maintenance and janitorial service. III. REASONS FOR RECOMMENDATIONIBACKGROUND The Contra Costa County Historical Society, currently located at the County owned Oak Park Elementary School property, is required to relocate since the Board on July 20, 1999, declared the property surplus and slated for disposal. This Sublease will provide the Historical Society with record storage space for their work on the preservation of Contra Costa County's historical documents and heritage. CONTI D ON ATTACHMENT: YES SIGNATURE: &*W"k 7RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURE(S): ACTION OF BOAR March 2 8 . 2 fl fl fl APPROVED AS RECOMMENDED XX OTHER The following people offered comments on this matter. Betty Maffei, Contra Costa County Historical Society, 1070 Bristol Court, Walnut Creek; A.F. Bray, Contra Costa County Historical Society, 736 Ferry Street, Martinez. Following the comments,the Board APPROVED staff's recommendations. VOTE OF SUPERVISORS _XX UNANIMOUS(ABSENT _ ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN TAKEN County Auditor-Controller(via UM) AND ENTERED ON THE M NUTESION OF THE BOARD Historical Society of Contra Costa County(via L/M) OF SUPERVISORS ON THE DATE SHOWN. Orig: General Services Department-L/M ATTESTED March 28, 2 0 fl 0 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY GENERAL SERVICES DEPARTM T LEASE MANAGEMENT DIVISIO 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 Extension 3-7250 FAX 3-7299 DATE: March 14, 2000 TO: Phil Batchelor, County Administrator N"MU& FROM: Barton J. Gilbert, Director of General Services SUBJECT: Agenda: Sublease - 610 Main Street, Martinez Bldg. No. 590 (03-21-00) A new Sublease has been negotiated with the Contra Costa County Historical Society for a portion of the building located at 610 Main Street, Martinez. The County will provide the rooms in exchange for the preservation of Contra Costa County's historical documents and heritage by the Historical Society. The County has maintenance responsibility and will provide utilities, and the Society will provide its own janitorial service. TERM: 5 years COMMENCING: April 1, 2000 CANCELLATION: Mutual 90 day OPTION: Year to year renewals SQUARE FEET: Approximately 5,000 SPACE TYPE: 'Warehouse ADDRESS: 610 Main Street, Martinez BJG:CGB/Ag;Itrn 610 Main CCCHS.doc cc: Gene Ross,Ross Company Realtors General Services Department Kathy Brown Alan Pfeiffer Terry Mann Risk Management ^ " SUBLEASE TABLE OF CONTENTS 610-618 Main Street California Contra Costa County Historical Society SECTION A: BASIC TERMS AND CONDITIONS ` l A.1. ,^,.^..,.�,,�,,^,,..,,,,,�.,'..,,,�,,,...�,,,,,.^.,�.,,`,,,�,,^,,.,.,. A^2^ LEASE OF PREMISES...^.....^.~..,^.....^....^......-~.~..~^^.^.......~....^^.` I &-3^ MASTER LEASE....................... .................................................... ................ l TERM } A.4. .~~.^`^~~^^'''^~'~'^`^`~^^^^~^^'^^~~^^'-^^'^^`^'~^~^''^^`^'~'~~`~'^'^^^^^~^~^^ A.5^ USE OF PREMISES^~..-.^,..^^.~..^......~^...'~..-,,.....^....^..-..............^.^^� A-6. UTILITIES AND JANITORIAL SERVICE.^..^..^^.......~......^^..~^....`.2 � A.7. MAINTENANCE AND REPAIRS ^^^^~^^^'^^^^^^—^^^^^^^'^^'^^'''~^^^^' NOTICES � AX .'...................�`�^..........�..�..�...�......^�.^....�^. /\.g^ EXHIBITS AND ATTACHMENTS....—.^...~.....—..-...,..~.....-..... 3 A.10. WRITTEN AGREEMENT ............ .................................. ............................... 4 A.1}. TIME TS OF THE ES ....................... ...........^........................................ 4 A.12. SIGNATURE BLOCK ...................................................................... .............. 4 SECTION B: STANDARD PROVISIONS � B.1. .....,.^....'^.............~........-......^.—..^.....^..^.^... B.2. HOLD HARMLESS ............................................... .......................................... 5 B.3. ...........-.........^....,.... 5 B.4 '^~^^'^^^^~~~^^~'~^^^'^'''~^~~^^^'^^^''^^^'^^^'^^'^^^^^^~~~' 5 B,5. QUIET ENJOYMENT.,.,.,,,^^^,,^^^,,~.^,^...,~,_,,.............-..............6 B.6. DEFAULTS ^,^,,'.,,.,,,^,,,,.........,.,,.......,....,.^,,`,,..,`,..,.^...,,,..,,..,,,.',,^� B.7' SURRENDER OF PREMISES........'~''^^'~-'''-^^~^^'-^''''~''^~^^'—'^'~'~^—^'6 B`8' SUCCESSORS AND ASSIGNS ......^......... ................ ..................................... 6 B.9. SEVERABILITY......................................................... .....................................6 B.10. WASTE,NUISANCE`''^''^'^~^^~~''~~`^^`'~^^''^~^^~~`^~`^'''~^^^~'^^^^^''^^^ 6 B.|\. INSPECTION ..... .............................................................................................. 7 B'12. ABANDONMENT ~,,,.,,,._..,,,.,,,,,.,,^,,,~,.,,,,....—._...,......, 7 SECTION C: SPECIAL PROVISIONS . C.I. ASSIGNMENT OR SUBLEASE^^^^'^~^^''^^'`^'^—^'''^^^^^^^^'~'^^~^^^^'^' 8 C`2^ POSSESSORY INTEREST TAX................—~........'........... 8 C^3. INSURANCE.. ...........^.........^......,.......^.........................,........ 8 (`A. SHARED OCCUPANCY RULES ....................................... ............................ 8 (`.5. WINDOW DISPLAY AREA ............................................................................ Q C.6. TERMINATION...........'..^..................^........^.........`..........,...... 9 C.7. TERMINATION OF PRESENT LEASE~'—^^^~`^^—^^—^^`^^^—'^'^^~'—^'^ 9 EXN[KDBDl[S EXHIBIT A: PREMISES EXHIBIT B: SHARED USE RULES EXHIBIT C: MASTER LEASE � � � � ' SUBLEASE FOR CONTRA COSTA COUNTY HISTORICAL SOCIETY 610-618 MAIN STREET MARTINEZ, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS 2000 A.1. PARTIES: Effective on MAR 2 8 , the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, hereinafter called "COUNTY", and Contra Costa County Historical Society, hereinafter called "LESSEE", mutually agree and promise as follows: A.2. LEASE OF PREMISES: COUNTY, for and in consideration of the sum of FIVE' AND NO/100 DOLLARS ($5.00), payable upon execution of this Agreement, and the preservation of Contra Costa County's historical documents and heritage by the Contra Costa County Historical Society, hereby subleases to LESSEE, and LESSEE subleases from COUNTY those certain premises described as follows: a one-story building containing approximately 5,000 square feet of ground floor area and mezzanine space, commonly known as 610-618 Main Street, Martinez, as shown outlined in heavy black lines on Exhibit "A" which is attached hereto and made a part hereof ("Premises"). LESSEE shall have non-exclusive use of the handicapped accessible restrooms located in the portion of the building labeled 600 Main Street on Exhibit A. A.3. MASTER LEASE: This Sublease is a sublease under and subject to the Master Lease between COUNTY and Hilson Family Revocable Trust, Robert. L. Hilson, and Susanne H. Edgar Trust U/A/D 1/29/90 ("Owner") dated March 28, 2000. It is COUNTY's intent to have Owner provide those maintenance, repairs, and insurance responsibilities which are the COUNTY's responsibility in this Sublease but which are Owner's responsibility under the terms of said Master Lease. A.4. TERM: The term of this Lease shall be for five years commencing on April 1, 2000 and ending on March 31, 2005, and may be renewed for succes=sive one (1) year periods under the same terms and conditions specified herein. The renewal shall be automatic - l - unless this Sublease is terminated by written notice from either party to the other ninety (90) days prior to the end of each term. A.5. USE OF PREMISES: LESSEE agrees to use the Premises for the sole purpose of organizing, cataloguing, and preserving materials of historic value and other related activities. LESSEE will keep the Premises in a neat, clean, and orderly condition at all times during occupancy, and shall not commit, suffer or permit any waste of the Premises. A.6. UTILITIES AND JANITORIAL! SERVICE: COUNTY shall provide and pay for gas, electric, water,janitorial service and refuse collection services. LESSEE shall provide and pay for its own telephone and data services. A.7. MAINTENANCE AND REPAIRS. a. COUNTY 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, locks and key systems, and glass and glazing. b. COUNTY shall maintain all electrical, lighting, water, plumbing, sewer, heating, ventilating, and air-conditioning systems; however, LESSEE shall be responsible for routine plumbing stoppages in the Premises. C. LESSEE shall keep and maintain the interior of the Premises in good order, condition and repair, but COUNTY shall repair damage to the interior caused by failure to maintain the exterior,in good repair, including damage to the interior caused by roof leaks and/or interior and exterior wall leaks. LESSEE shall be responsible for the cost of re-keying the Premises if required due to actions of LESSEE, d. COUNTY shall supply, maintain, repair, and replace fire extinguishers. e. COUNTY shall maintain the alarm system. A.B. NOTICES: All notices given hereunder shall be in writing and shall be deemed to have been given if personally delivered or deposited in the United States mail postage prepaid, certified or registered, return receipt requested, and addressed to the other party as follows or as otherwise designated by written notice hereunder from time to time: - 2 - To LESSEE: Contra Costa County Historical Society 610 Main Street Martinez, CA 94553 To COUNTY. Centra Costa County General Services Department Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.9. EXHIBITS 'ANI) ATTACHMENTS: Section B, Standard Provisions, Section C, Special Provisions, and Exhibit A — Premises, Exhibit B -- Shared Use Rules and Exhibit C Master Lease are attached to this Sublease and are made a part hereof. 3 � A.10. WRITTEN AGREEMENT: Neither party has relied on any promise or representation not contained in this Sublease. All previous conversations, negotiations, and understandings are of no further force or effect. This Sublease may be modified only by a writing signed by both parties. The headings of the pages and paragraphs are for convenience only and are not a part of this Sublease, nor shall they be considered in construing the intent of this Sublease. A.11. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Sublease. A.12. SIGNATURE BLOCK COUNTY SUBLESSEE COUNTY OF CONTRA COSTA, a Contra Costa County Historical Society political subdivision of the State of California By I3y Director of General Services Title RECOMMENDED FOR APPROVAL; By By :Director of Ca i Facilitiesand Debt Ma gement Title By Deputy General ervices Director By Lease Manager APPROVED AS TO FORM: VICTOR J. WESTMAN, County Counsel By_'�—)aL Deputy S/1 - 4 - SUBLEASE FOR CONTRA COSTA COUNTY HISTORICAL SOCIETY 610-618 MAIN STREET MARTINEZ, CALIFORNIA SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the term or extension of this Sublease as provided hereinabove shall be construed to be a tenancy from month to month, subject to the terms of this Sublease so far as applicable. B.2. HOLD HARMLESS: LESSEE shall indemnify, save, protect and hold harmless the COUNTY, its officers, agents and employees from any and all claims, costs and liability, including reasonable attorneys fees, for any damage, injury or death, including without limitation all consequential damages from any cause whatsoever, to persons or property arising directly or indirectly from or connected with this Sublease, LESSEE's operations, or LESSEE's use or possession of the Premises, save and except claims or litigation arising through the sole negligence or sole willful misconduct of COUNTY, its officers or employees, and if required, will defend any such actions at the sole cost and expense of LESSEE. 8.3. ALTERATIONS, FIXTURES, AND SIGNS: LESSEE agrees not to make or suffer any alterations or attach signs, fixtures in or on said Premises without first obtaining the written consent of COUNTY's Lease Manager. Any such alterations, signs or fixtures shall be at LESSEE's sole cost and expense, and all signs shall meet with existing code requirements. B.4. DESTRUCTION: a. In the event of damage causing a partial destruction of the Premises during the term of this Sublease from any cause, COUNTY may, at its option, make repairs within a reasonable time. In the event COUNTY does not so elect to - 5 - make such repairs, this Sublease may be terminated at the option of either party. . b. A total destruction of the Premises shall terminate this Sublease. B.5. QUIET ENJOYMENT: COUNTY covenants that LESSEE shall at all times during the term peaceably and quietly have, hold, and enjoy the Premises without suit, trouble or hindrance from or on account of COUNTY as long as LESSEE fully performs hereunder. B.6. DEFAULTS: If LESSEE defaults in performing any of the promises or conditions herein, COUNTY may, at its option, immediately cancel this Sublease, terminate all LESSEE's rights hereunder, and re-enter the Premises and exclude all other persons therefrom. No waiver of any default on any of the terms, covenants or conditions in this Sublease shall be a waiver of any subsequent default of the same or any other terms, covenants or conditions. B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner termination of this Sublease, LESSEE will peaceably and quietly leave and surrender to COUNTY these Premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, reasonable use and wear thereof and damage by earthquake, fire, public calamity, by the elements, by Act of Clod, or by circumstances over which LESSEE has no control excepted. B.8. SUCCESSORS AND ASSIGNS: The terms and provisions of this Sublease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties hereto. B.9. SEVERABILITY: In the event that any provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such provision does not materially prejudice either the LESSEE or COUNTY in its respective rights and obligations contained in the valid provisions of this Sublease. B.10. WASTE. NUISANCE: LESSEE shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any occupant of the neighborhood in which the Premises are located. 6 B.11. INSPECTION: The COUNTY reserves the right to enter the Premises at any time and to employ proper representatives to insure that the property is being reasonably cared for, that no waste is being made, and that all things are done in the manner best calculated for the preservation of the property. LESSEE shall promptly make any repairs or do any maintenance identified by the inspection. B.12. ABANDONMENT: LESSEE shall not vacate or abandon the Premises at any time during the term; and if LESSEE shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to LESSEE and left on the Premises shall be deemed to be abandoned, at the option of COUNTY. - 7 - SUBLEASE FOR CONTRA COSTA COUNTY HISTORICAL SOCIETY 610-618 MAIN STREET MARTINEZ, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: LESSEE shall not have the right to assign this Sublease or sublease the Premises or any part thereof at any time during the term of this Sublease without written consent of COUNTY which consent may be withheld for any reason or no reason. C.2. POSSESSORY INTEREST TAX: In the event COUNTY should acquire title to the Premises or a portion thereof, it is understood that LESSEE's interest herein may be subject to a possessory interest tax, and that such tax payment shall not reduce any rent due the COUNTY hereunder and such tax shall be a liability of and paid by LESSEE. C.3. INSURANCE: COUNTY will not keep LESSEE's personal property insured against fire, or any other insurable risk, and LESSEE waives the right to claim damages from the COUNTY for any damage resulting to the property in the event it is damaged or destroyed by fire or any other cause. LESSEE agrees, at no cost to the COUNTY, to obtain and maintain during the term or this Agreement, worker's compensation for LESSEE's employees and comprehensive liability insurance with a minimum combined single-limit coverage of $500,000 for all claims or losses due to bodily injury, sickness or disease or death to any person, or damage to property, including loss of use thereof arising out of each accident or occurrence, and name Contra Costa County, its officers, agents and employees as additional insured thereunder. The coverage shall provide for a thirty (30) day written notice to COUNTY of cancellation or lapse. Evidence of such coverage shall be furnished to COUNTY within 30 days after execution of this Agreement. C.4. SHARED OCCUPANCY RULES: It is understood that COUNTY and LESSEE shall share certain facilities such as handicapped access restrooms and a data room. A list of Shared Occupancy Rules is attached hereto and made a part hereof as Exhibit B. 'These Rules may be modified in writing from time to time by COUNTY's Lease Manager upon the agreement of LESSEE. C.S. WINDOW DISPLAY AREA: COUNTY reserves the right to use the window display area of the Premises from time to time by giving LESSEE fourteen (14) days advance written notice. C.b. TERMINATION: COUNTY or LESSEE shall have the right to terminate this Sublease by giving ninety (90) days prior written notice. LESSEE waives the right to make any claim against Contra Costa County for relocation benefits relating to such termination. C.7. TERMINATION OF PRESENT LEASE: It is understood and agreed that LESSEE now leases from COUNTY premises located at 1700 Oak Park Boulevard, Pleasant Hilly under the terms of a Lease dated January 24, 1984. Upon vacation of those premises by LESSEE, that Lease shall terminate. - 9 - EXHIBIT B - SHARED USE RULES 600-610-618 Main Street Martinez, California Contra Costa County Employment and Human Services Department Contra Costa County Historical Society The following shall apply to 600-610-618 Main Street, Martinez, California, which is partially occupied by County employees (County) and partially occupied by the Contra Costa County Historical Society (Tenant). These rules may be modified in writing from time to time by mutual agreement of the two parties in accordance with Paragraph CA of the Lease for the Premises. Security Alarms: Each party shall have its own alarm system. The occupants agree that their alarm shall be set at all times when their space is unoccupied. • Handicap Accessible Restro'oms: The area occupied by Tenant does not have handicap accessible restrooms. There are two sets of doors providing access between County's and Tenant's space, and these doors shall be kept locked. Tenant shall have access to County's handicap accessible restrooms through the use of a key which will open the rear door. Tenant is aware that the security alarm in County's space will be set at all times when the premises are unoccupied, and that the alarm will be triggered if Tenant enters the County area at such times. • Confidential Material: Tenant is aware that files and other materials in the County office may be confidential, and Tenant agrees its employees and visitors shall be instructed not to read or disturb any of these files or materials. Snecial Events: Each occupant agrees to notify the other in advance of any special events that are scheduled which may result in large numbers of visitors to the premises.