HomeMy WebLinkAboutMINUTES - 04242001 - C.163 BOARD OF SUPERVISORS "'���
FROM: Barton J. Gilbert, Director of General Services Contra
4 Costa
DATE', April 24, 2001 - -
County
SUBJECT: LEASE FOR THE COMMUNITY SERVICES DEPARTMENT
55 CASTLEWOOD DRIVE, PITTSBURG J00523)
SPECIFIC REQUESTS OR RECOMMENDATION(S)8.BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease with an option to purchase, commencing May 1, 2001, with William L.
Abernathy Charitable Lead Trust for the premises at 55 Castlewood Drive, Pittsburg for
continued occupancy by the Community Services-Head Start Program, 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.
II. FINANCIAL IMPACT
Lease payments required will be charged to the budget of the Community Services Department.
III. REASONS FOR RECOMMENDATION / BACKGROUND
The County currently subleases these facilities from La Petite Academy at a reduced rate. Both
the master lease and the sublease expire on April 30, 2001 and there are no holdover provisions
in either the master lease or sublease. This new lease between the County and property owner
provides for continued use of childcare programs, as requested by the Community Services
Department, and reflects the lease rate previously paid by La Petite Academy. Staff from the
Community Services Department and County Administrator's Office are evaluating the feasibility
of exercising the purchase option within the near future.
6B.A►IATTACHMENT:_V"'YES SIGNATURE:
VR1 COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
rPROVE __OTHER
SIGNATURE(S):
ACTION OF BOAad 7 APPROVED AS RECOMMENDED OTHER—
VOTE OF SUPERVISORS
X- UNANIMOUS(ABSENT )
AYES- --- -- -NOES: ------- ---
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
Count Auditor-Controller via UM AND CORRECT COPY OF AN ACTION TAKEN
Y ( ) AND ENTERED ON THE MINUTES OF THE BOARD
Lessor(via UM) OF SUPERVISORS ON 11HE DATE SHOWN.
Health Services(via UM)
County Counsel(via UM) ATTESTED
Risk Management(via UM) JOH WEETEN,CLERK OF THE BOARD OF
Orig: General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
P:`:55C'asttewoud.doc
" GENERAL SERVICES DEPARTMENT
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, California
Extension 3-7250
FAX 3-7299
DATE: April 10, 2001
TO: John Sweeten, County Administrator
FROM: Barton J. Gilbert, Director of General Services
SUBJECT: Agenda: Lease Authorization, 1275 Hall Avenue, Richmond,Employment
and Human Services Department (CP#01-08)
(Apri 124, 200 1)
A lease has been negotiated as follows:
OCCUPANT: Employment and Human Services Department
TERM: Ten (10) years CONE%IENCING: December 1, 2001
OPTION: Yes CANCELLATION: None
RENTAL:
Year Monthly Rent Annual Rent Est.Debt Service Payment(1)
1 $90,000 $1,080,000 $648,000
2 $93,600 $1,123,200 $648,000
3 $97,200 $1,166,400 $648,000
4 $100,800 $1,209,600 $648,000
5 $104,400 $1,252,800 $648,000
6 $108,000 $1,296,000 $648,000
7 $111,600 $1,339,200 $648,000
8 $115,200 $1,382,400 $648,000
9 $118,800 $1,425,600 $648,000
10 $122,400 $1,468,800 $648,000
(1)Assumes a 5% interest rate and 10 year term.
SQUARE FEET: 60,000 SPACE TYPE: Office Space
COUNTY RESPONSIBILITY: Interior Maintenance and Repairs
RENEWAL: 1- 10 year ADDRESS: 1275 Hall Avenue, Richmond
CODE 25351 NOTICE: Notice given to the City of Richmond on November 16, 2000.
BUILD/WORK AUTH.: WGL500 cc: General Services Department,EHSD
CAMy Documents\CIRHaMoard.doc
TO. BOARD OF SUPERVISt. S
FROM Barton J. Gilbert, Director of General Services Contra
Costa
�..,
DATE. April 24, 2001
County
SUBJECT: LEASE FOR THE COMMUNITY SERVICES DEPARTMENT
55 CASTLEWOOD DRIVE, PITTSBURG J00523)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease with an option to purchase, commencing May 1, 2001 , with William L.
Abernathy Charitable Lead Trust for the premises at 55 Castlewood Drive, Pittsburg for
continued occupancy by the Community Services-Head Start Program, 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.
II. FINANCIAL IMPACT
Lease payments required will be charged to the budget of the Community Services Department.
III. REASONS FOR RECOMMENDATION / BACKGROUND
The County currently subleases these facilities from La Petite Academy at a reduced rate. Both
the master lease and the sublease expire on April 30, 2001 and there are no holdover provisions
in either the master lease or sublease. This new lease between the County and property owner
provides for continued use of childcare programs, as requested by the Community Services
Department, and reflects the lease rate previously paid by La Petite Academy. Staff from the
Community Services Department and County Administrator's Office are evaluating the feasibility
of exercising the purchase option within the near future.
6Q4"&A✓kF68-A►d ATTACHMENT: ✓YES SIGNATURE:
__..(_R1COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
.__APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD aO APPROVED AS RECOMMENDED OTHER _..
i a 2001
VOTE OF SUPERVISORS j
X_. UNANIMOUS(ABSENT_LlG
AYES: NOES: .._..
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
Count Auditor-Controller /M UM AND CORRECT COPY OF AN ACTION TAKEN
Y ( ) AND ENTERED ON THE MINUTES OF THE BOARD
Lessor(via UM) OF SUPERVISORS ON E DATE SHOWN.
Health Services(via UM) ��K�`7
County Counsel(via UM) ATTESTED Nei i 7 O1 40 -
Risk Management(via L/M) JOH WEETEN,CLERK OF THE BOARD OF
Orig:General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
f A55C'astlewood.doc
LEASE
TABLE OF CONTENTS
55 CASTLEWOOD DRIVE
PITTSBURG, CALIFORNIA
CONTRA COS"TA COUNTY
COMMUNITY SERVICES DEPARTMENT
SECTION A: BASIC TERMS AND CONDITIONS
A.I. PARTIES ..................................................................................................... 1
A.2. LEASE OF PREMISES.............................................................................. I
A.3. TERM........................................................................................................... 1
A.4. RENT............................................................................................................ 1
A.5. TAXES .....................................................:................................................... 2
A.6. OPTION TO PURCHASE......................................................................... 2`
A.7 USE OF PREMISES................................................................................... 3
A.8. UTILITIES.................................................................................................. 3
A.9. MAINTENANCE AND REPAIRS............................................................ 4
A.10. NOTICES..................................................................................................... 4
A.11. EXHIBITS AND ATTACHMENTS ......................................................... 4
A.12. WRITTEN AGREEMENT........................................................................ 4
A.13. TIME IS OF THE ESSENCE.................................................................... 4
A.1.4. SIGNATURE BLOCK............................................................................... 5
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER....................................................................................... 6
B.2. HOLD HARMLESS ................................................................................... 6
B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................ 6
B.4. DESTRUCTION ......................................................................................... 7
B.5. QUIET ENJOYMENT............................................................................... 7
B.6. DEFAULT IN PAYMENT OF RENT....................................................... 7
B.7. SURRENDER OF PREMISES.................................................................. 8
B.8. SUCCESSORS AND ASSIGNS................................................................. 8
B.9. SEVERABILITY ........................................................................................ 8
B.10. WASTE, NUISANCE .................................................................................. 8
B.11. INSPECTION...............................................................................................9
B.12. ASSIGNMENT OR SUBLEASE............................................................... 9
B.13. INSURANCE............................................................................................... 9
EXHIBITS
EXHIBIT A: PREMISES
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FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
55 CASTLEWOOD DRIVE
PITTSBURG, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on May 1, 2001, WILLIAM L. ABERNATHY
CHARITABLE LEAD TRUST, 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 PREMISES: LESSOR, for and in consideration of the rents, hereby
leases to COUNTY, and COUNTY leases from LESSOR those certain premises
described as follows: Lot "A", as shown on the map of subdivision 4929, filed August
29, 1977, map book 201, page 38, Contra Costa County records; a plot of land
approximately 36,590 square feet containing a child care facility with classrooms, offices,
and a kitchen within a building of approximately 6,300 square feet, and outdoor
playground space and a parking lot commonly known as 55 Castlewood Drive, Pittsburg,
California, as shown on Exhibit "A"("Premises"), attached hereto and made a part hereof.
A.3. TERM: The term of this Lease shall be six (6) months, commencing May 1, 2001
and ending October 31, 2001 or sooner subject to Section A.5 below.
A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a
monthly rental of SIX 'THOUSAND EIGHT HUNDRED SIXTY-TWO AND 50/100
DOLLARS ($6,862.50), payable in advance on the first day of each month during the
term of this Lease.
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Payments shall be mailed to:
COMMUNITY BANK OF RAYMORE
P.O. BOX 200
RAYM.OR.E, MISSOURI 64083
A.5. TAXES: In addition to rent, COUNTY agrees to pay on a monthly basis all
lawful taxes, assessments, or charges, which at any time may be levied upon any interest
in this Lease. It is understood that this Lease may create a possessory interest subject to
property taxation and LESSEE may be subject to the payment of property taxes levied on
such interest.
A.6. OPTION TO PURCHASE:
a. As part of the consideration of this Lease, LESSOR hereby grants to COUNTY
or its assignee the exclusive right and privilege to purchase the Premises, as
further described herein, for EIGHT HUNDRED SEVENTY FIVE
THOUSAND AND NO/100 DOLLARS ($875,000.00) ("Purchase Price")
including the improvements thereon and any appurtenant easements thereto, as
shown on Exhibit "A" and further described hereinabove.
b. COUNTY may exercise this option at any time by giving LESSOR written
notice of its intention to exercise said option.
c. LESSOR shall deliver to COUNTY an executed grant deed in recordable form
conveying the Premises. At the time COUNTY exercises its option to
purchase, the grant deed shall be delivered to COUNTY upon deposit by
COUNTY into escrow of the Purchase Price identified hereinabove. Title to
the Premises shall be conveyed by LESSOR to COUNTY free and clear of all
liens, encumbrances, but subject to covenants, conditions, restrictions,
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casernents, rights of way of record, and other matters of record, current taxes
and those portions of current assessments not yet due and payable.
d. The sale shall be consummated through an escrow to be opened after the notice
exercising the option has been given to LESSOR. Escrow shall be deemed to
be opened under this paragraph on the date escrow instructions are drawn. The
parties shall execute all documents required by escrow holder as long as they
are consistent with the provisions of this paragraph. It is the parties' intention
that escrow shall close approximately sixty (60) days after the option notice has
been given to LESSOR. Escrow shall be deemed to be closed pursuant to this
paragraph on the date the grant deed is recorded.
e. At the close of escrow, escrow holder must be prepared to issue a CLTA
Standard Coverage Policy of Title Insurance in the amount of the Purchase,
Price insuring title to the Premises vested in COUNTY, subject only to the
matters set forth in subparagraph d above.
f. Rent shall be prorated as of close of escrow.
g. COUNTY shall pay transfer taxes and recording fees on the deed, the cost of
the title policy, charges of escrow, and all other closing costs.
h. On close of escrow, the parties shall be released frorn all liabilities and
obligations under this Lease.
A.7 USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting Contra Costa County Community Services
Department Head Start, Child Development, or Child Care Programs, which may be
operated by the COUNTY or through the services provided by a contractor or subtenant
of the COUNTY.
A.8. UTILITIES: COUNTY shall pay for all gas, electric, water, sewer, telephone,
alarm services and refuse collection services provided to the Premises.
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A.9. MAINTENANCE AND REPAIRS: COUNTY at its sole cost and expense shall
keep and maintain the Premises and every part thereof in good order, condition, and
repair, including but not limited to the roof and exterior walls, parking lot, landscaping,
sprinkler system, exterior lighting, alarm system, exterior doors and their fixtures, closers
and hinges, glass and glazing, and all locks and key systems and all electrical, lighting,
water, plumbing, sewer, and heating ventilating, and air-conditioning systems. COUNTY
shall not suffer any waste on or to the Premises.
A.10. 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 rnail postage
prepaid, certified or registered, return receipt requested, and addressed to the other party
as follows or as otherwise designated by written notice hereunder from time to time:
To LESSOR: Community Bank of Raymore
P.O. Box 200
801 West Foxwood Drive
Raymore, Missouri 64083
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 .Morello Avenue, Suite 100
Martinez, CA 94553-4711
A.11. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, and
Exhibit A — Premises are attached to this Lease and are made a part hereof.
A.12. WRITTEN AGREEMENT: 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 and pages are for
convenience only and are not apart of this Lease, nor shall they be considered in
construing the intent of this Lease.
A.13. TIME 1S OF TETE ESSENCE of each and all of the terms and provisions of this
Lease.
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A.14. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a WILLIAM L. ABERNATHY
Political subdivision of the State of CHARITABLE LEAD TRUST,
California Community Bank of Raymore, as Agent
By5-$'01 By
Director of General Services J n T. Archer
Senior Vice President
RECOMMENDED FOR APPROVAL:
By
Director of Capital Facilities an
Debt Management
By.
C qMUNITY SE VICES
DEPARTMENT
By ('jPld OUA4—
Acting
Lease Manager
APPROVED AS TO FORM:
SILVANO MARCHESI, CountyCounsel
By IIA .
Deputy
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LEASE
FOR
CONTRA COSTA COUNTY
COMMUNITY SERVICES DEPARTMENT
55 CASTLEWOOD DRIVE
PITTSBURG, CALIFORNIA
SEC'T'ION B: STANDARD PROVISIONS
B.I. HOLDING OVER: 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. HOLD HARMLESS: COUNTY agrees to defend, indemnify, and hold harmless
the LESSOR from the COUNTY's share of any and all claims, costs and liability for any
damage, injury or death of or to any person or the property of any person arising out of
negligent or intentional acts, errors or omissions of the COUNTY, its officers, agents 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 other
liability which is attributable, in whole or in part, to the negligence, willful misconduct, or
other intentional act, error or omission of LESSOR, which results in damage to any
person or property.
LESSOR agrees to defend, indemnify and hold harmless the COUNTY frorn the
LE.,SSOR's share of any and all claims, costs and liability for any damages, injury or death
of any person or the property of any person arising out of the negligent or intentional acts,
errors or omissions of the LESSOR, its officers, agents or employees.
B.3. ALTERATIONS, FIXTURES, AND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach fixtures in or upon the Premises, which shall remain
COUNTY property and may be removed therefrom by COUNTY prior to the termination
of this Lease. Any such alterations or fixtures shall be at COUNTY's sole cost and
expense.
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B.4. DESTRUCTION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Lease or extension thereof from any cause, and repairs can
be made within thirty (30) days from the date of the damage under the
applicable laws and regulations of governmental authorities, LESSOR shall
repair the 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 Premises
are unusable by COUNTY.
b. If such repairs cannot be made in thirty (30) days, LESSOR may, at its
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 thirty (30) 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 or the building in which the Premises are
located shall terminate this Lease.
B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times
during the term or extension thereof 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.G. DEFAULT IN PAYMENT OF RENT: The COUNTY shall, without any
previous demand, pay to the LESSOR the rent at the times and in the manner above
provided. In the event of the non-payment of rent, or any installment thereof, at the times.
and in the manner above provided, and if the same shall remain in default for ten (10)
days after becoming due, the LESSOR shall have the right to and may enter the Premises,
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Without being liable for any prosecution or damages, and declare this Lease terminated
and take possession of the Premises and remove all persons and all COUNTY's property.
Such re-entry by the LESSOR shall not operate to release the COUNTY from any rent to
be paid or covenants to be performed hereunder during the term of this Lease. The
COUNTY agrees to pay all reasonable attorneys' fees and other expenses incurred by the
LESSOR in enforcing any of the obligations under this Lease.
B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner
termination of this Lease, COUNTY will peaceably and quietly leave and surrender to
LESSOR these Premises with their appurtenances and fixtures in good order, condition,
and repair, excepting for reasonable use and wear thereof and damage by earthquake, fire,
public calamity, by the elements, by Act of God, or by circumstances over which
COUNTY has no control. COUNTY shall not be liable for painting the interior of the
demised Premises upon termination of this Lease.
B.8. SUCCESSORS AND ASSIGNS: The terms and provisions of this Lease shall
extend to and be binding upon and inure to the benefit of the heirs, successors, and
assigns of the respective parties hereto.
B.9. 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 COUNTY or LESSOR in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. WASTE, NUISANCE: COUN'T'Y 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.
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B.l.l. INSPECTION: The LESSOR reserves the right to enter the Premises by prior
appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays excepted, and to employ the proper representative or contractor in order to see
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, and in
full compliance with the terms and conditions of this Lease.
13.12. ASSIGNMENT OR SUBLEASE: LESSOR acknowledges and permits the
subleasing of the Premises to the First Baptist Church. In the event of future assignments
or subleases, COUNTY shall not assign this Lease nor sublease the Premises or any part
thereof at any time during the term of this Lease or extension thereof without the prior
written consent of the LESSOR, which consent shall not be unreasonably withheld or
delayed.
13.13. INSURANCE: It is acknowledged by LESSOR that COUNTY is self-insured for
public liability, property damage and workers compensation exposure. COUNTY shall
provide a .Letter of Self-Insurance covering the term of this Lease.
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