HomeMy WebLinkAboutMINUTES - 04242001 - C.167 }
TO: BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Contra
Costa
DATE: April 24, 2001
County
SUBJECT: LEASE — 821 ESCOBAR STREET, MARTINEZ FOR THE SHERIFF-CORONER
(CP # 01-18)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease, commencing May 1, 2001, with the Bellecci Family, et al for the premises
at 821 Escobar Street, Martinez, for occupancy by the Sheriff-Coroner, 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 not subject to the California Environmental Quality Act
(CEQA) pursuant to Article 5, Section 15061(b) (3) of the CEQA guidelines.
DIRECT .the Community Development Department to FILE a Notice of Exemption with the
County Clerk.
II. FINANCIAL IMPACT
Payments required are to come from the budget of the Sheriff-Coroner.
III. REASONS FOR RECOMMENDATION / BACKGROUND
Provide for use of office space as requested by the Sheriff-Coroner.
-e&+T4Nble " N ATTACHMENT:_ZYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOA O APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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 E DATE SHOWN.
Sheriff-Coroner(via UM)
County Counsel(via UM) ATTESTED d��
Risk Management(via L/M) OHN EETEN,CLERK THE BOARD OF
Orig:General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
F:\DATA\W orddocs\821 Escobar\821 Escobarbdo l.doc
GENERAL SERVICES DEPARTMENT
Lease Management Division
7 1220 Morello Avenue, Suite 100
Martinez, California
Extension 3-7250
FAX 3-7299
DATE: April 9, 2001
TO: John Sweeten, County Administrator
FROM: Barton J. Gilbert, Director of General Services
SUBJECT: Agenda: Lease — 821 Escobar Street, Martinez for the Sheriff-Coroner
(April 24, 200 1)
A lease has been negotiated as follows:
OCCUPANT: Sheriff-Coroner
TERM: Five Years COMMENCING: May 1, 2001
OPTION: Two—two year CANCELLATION: None
RENTAL: $2,610.00
SQUARE FEET: 1,800
SPACE TYPE: Office
COUNTY RESPONSIBILITY: Interior, utilities,janitorial
RENEWAL: No PREVIOUS RENT: N/A
ADDRESS: 821 Escobar Street, Martinez
CODE 25351 NOTICE: Yes, waived by City of Martinez
BUILD /WORK AUTH.: WLP458
cc: General Services Department
Christie Beardsley
Sheriff-Coroner
821 Escobaragn l.doc
• •
Contra GENERAL SERVICES DEPARTMENT Barton J.Gilbert
Architectural Division Director of General Services
Costa Lease Management Division
Kathy Brown
I I 1220 Morello Avenue, Su Deputy Director
County Martinez, California 945 -471 ��sr
FAX (925) 313-729 ; Gerald Bender
Architectural Services Manager
`f MAY Q 2001 (925)313-7200
g' .' J Carol Chan
r ;.. CLERK F30AP,D OF SUPERVISORS Acting Lease Manager
" LETTER OF TRAN TRA COSTA CO.
(925)313-7250
co N
TO: L' (.�/e - of FILE:
(o5-/ !JA/E 5-r, /ST r -oaf DATE: S/I / 0/
Ap_- 7r-JEZ, C REGARDING:
ATTN:
We Are Sending You ,&Attached ❑ Under Separate Cover Via The Following Items:
Item Copies Dated Description
4V 4_321 4E
These Are Transmitted As Checked Below:
❑ Forapproval ❑ Approved as submitted ❑ Reviewed—No additional comments
❑ For your use ❑ Approved as noted ❑ Reviewed—See additional comments
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑ copies retained for our files ❑ Sign and return copies
❑ For your information
REMARKS:
A4 6\c-r • -3. - -7 Z a
SIGNED Cy�� �►e J
❑ Architectural Division(313-7200)
Lease Management Division (313-7250)
104/Lb/101 iiJ�:f06 Fl. 1001
• t
TO. BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Contra
DATE: April 24, 2001 �``� �� Costa
County
SUBJECT: LEASE — 821 ESCOBAR STREET, MARTINEZ FOR THE SHERIFF-CORONER
(CP # 01-18)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a Lease, commencing May 1, 2001, with the Bellecci Family, et al for the premises
at 821 Escobar Street, Martinez, for occupancy by the Sheriff-Coroner, 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 not subject to the California Environmental Quality Act
(CEQA) pursuant to Article 5, Section 15061(b) (3) of the CEQA guidelines.
DIRECT the Community Development Department to FILE a,Notice of Exemption with the
County Clerk.
11. FINANCIAL IMPACT
Payments required are to come from the budget of the Sheriff-Coroner.
III. REASONS EOR RECOMMENDATION / BACKGROUND
Provide for use of office space as requested by the Sheriff-Coroner.
H0&+TiWJe010N ATTACHMENT:—ZYES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURES
ACTION OF BOA 0 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT _LY 1
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Administrator(vie UM) I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
County Auditor-Controller(vie UM) AND ENTERED ON THE MINUTES OF THE BOARD
Lessor(via UM) OF SUPERVISORS ON E DATE SJ1OWN.
Sheriff-Coroner(via UM)
County Counsel(via UM) ATTESTED O
Risk Management(via UM) 0 EETEN,CLERKV THE BOARD OF
Orig:General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR
BY — DEPUTY
r••Ines'e.IWnrtlrir,r,;kX!IFtcnbar�87)Escol>arbdoI doc
' s
LEASE
821 ESCOBAR STREET
MARTINEZ, CALIFORNIA
CONTRA COSTA COUNTY SHERIFF-CORONER
TABLE OF CONTENTS
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES ........................................................................................................... l
A.2. LEASE OF PREMISES.................................................................................... 1
A.3. TERM................................................................................................................ I
A.4. RENT................................................................................................................ l
A.5. EXTENSION ....................................................................................................2
A.6 USE OF PREMISES.........................................................................................2
A.7. UTILITIES........................................................................................................2
A.8. MAINTENANCE AND REPAIRS..................................................................2
A.9. NOTICES..........................................................................................................3
A.10. EXHIBITS AND ATTACHMENTS................................................................4
A.11. WRITTEN AGREEMENT...............................................................................4
A.12. TIME 1S OF THE ESSENCE...........................................................................4
A.13. SIGNATURE BLOCK .....................................................................................5
SECTION B: STANDARD PROVISIONS
B.1. 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. DEFAULTS ......................................................................................................8
B.7. SURRENDER OF PREMISES ........................................................................9
B.8. SUCCESSORS AND ASSIGNS......................................................................9
B.9. SEVERABILITY............................................................................................ 10
B.10. WASTE, NUISANCE..................................................................................... 10
B.1. 1. INSPECTION ................................................................................................. 10
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE................................................................... l l
C.2. SERVICE BY LESSOR ................................................................................. I I
C.3. PRIOR POSSESSION.................................................................................... 1 I.
CA. HAZARDOUS MATERIALS........................................................................ I I
CA. INSURANCE.................................................................................................. 12
C.5. BROKER COMPENSATION........................................................................ 13
EXHIBITS
EXHIBIT A: PREMISES
LEASE
821. ESCOBAR STREET
MARTINEZ, CALIFORNIA
FOR THE
CONTRA COSTA COUNTY SHERIFF-CORONER
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES: Effective on APR 2 4 2001 B.ELLECCI FAMILY, ET
AL, 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: Approximately 1,800 square feet of office space cornmonly known
and designated as 821 Escobar Street, Martinez, California, together with exclusive use
of four (4) parking spaces ("Premises"), more particularly described in Exhibit A,
attached hereto and made a part hereof.
A.3. TERM: The term of this Lease shall be five (5) years, commencing May 1, 2001
and ending April 30, 2006.
A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises a
monthly rental as follows:
1. TWO THOUSAND SIX HUNDRED TEN AND NO/100 DOLLARS
($2,610.00) per month commencing May 1, 2001 through April 30, 2003.
2. TWO THOUSAND SEVEN HUNDRED FIFTEEN AND NO/100
DOLLARS ($2,715.00) per month commencing May 1, 2003 through April
30, 2004.
3. TWO THOUSAND EIGHT HUNDRED TWENTY FIVE AND NO/100
DOLLARS ($2,825.00) per month commencing May 1, 2004 through
April 30, 2005.
1
4. TWO THOUSAND NINE HUNDRED THIRTY FIVE AND NO/100
DOLLARS ($2,935.00) per month commencing May 1, 2005 through April
30, 2006.
The total monthly rent shall be payable in advance on the tenth day of each month
during the term of this Lease. Payments shall be mailed to: Bellecci Family, et al, c/o
Marie Glazier, 126 Gilbert Lane, Martinez, CA 94553.
A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon
the same terms and conditions, except the rental shall be adjusted as follows:
a. First Option: For a two (2) year term, commencing May 1, 2006 and
ending April 30, 2008, at a rental of THREE THOUSAND FIFTY AND
NO/100 DOLLARS ($3,050.00) per month.
b. Second Option: For a two (2) year term, commencing May 1, 2008 and
ending April 30, 2010, at a rental of THREE THOUSAND ONE
HUNDRED SEVENTY AND NO /100 DOLLARS ($3,170.00) per month.
It is understood and agreed COUNTY shall give LESSOR ninety (90) days prior
written notice of its intention to exercise any option to extend this Lease. However, in
the event COUNTY does not give such written notice, its right to exercise any option
before termination of the Lease shall not expire until fifteen (15) working days after
receipt of LESSOR'S written demand to exercise or forfeit said option.
A.6 USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting various functions of COUNTY.
A.7. UTILITIES: COUNTY shall pay for all gas, electric, water and refuse collection
services provided to the Premises.
A.8. MAINTENANCE AND REPAIRS:
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,
2
glass and glazing used in the Premises. COUNTY shall maintain locks and
key systems used in the Premises.
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 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. LESSOR shall repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair. COUNTY shall
repair or clean out any clogged drains or toilets caused by abnormal or
abusive use of said plumbing system by County.
d. LESSOR shall maintain and repair the heating, ventilating, and air-
conditioning systems. LESSOR shall provide a quarterly maintenance and
filter change program for said systems.
e. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and
exterior lighting system in good order, condition, and repair.
f. LESSOR shall provide and install, at the direction of the Fire Marshal, the
necessary number of A-B-C fire extinguishers for the Premises at no cost to
COUNTY. COUNTY shall thereafter maintain, repair, and replace the
extinguishers.
g. COUNTY shall not suffer any waste on or to the Premises.
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 code violations which arise out of and are directly related to a
change in COUNTY'S occupancy or use of the Premises.
A.9. 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
3
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: Bellecci Family, et al
c/o Marie Glazier
126 Gilbert Lane
Martinez, CA 94553
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
A..10. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section
C, Special Provisions, and Exhibit A — Premises are attached to this Lease and are made a
part hereof.
A.11. 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 a part of this Lease, nor shall they be considered in
construing the intent of this Lease.
A.12. TIME 1S OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
4
A.13. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a BELLECCI FAMILY, ET AL
Political subdivision of the State of
California
By
By
Marie Glazier
4'��
Director of General Services
RECOMMENDED FOR APPROVAL:
BY a' ?� .
Aa6
Dire or of Capital Faci ' 'es and
Debt M agement
By
Sheriff-Coroner
By W44
Acting Lease Manager
APPROVED AS TO FORM:
SILVANO MARCHESI, CountyCounsel
By i
Deputy
5
LEASE
821 ESCO.BAR STREET
MARTINEZ, CALIFORNIA
FOR THE
CONTRA COSTA COUNTY SHERIFF-CORONER
SECTION 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, except for rent, which shall be the rent that
would have applied had COUNTY exercised the applicable option extension outlined in
Paragraph A 5. EXTENSION.
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 from the
LESSOR'S share of any and all claims, costs and liability for any damages, injury or
death of any person or the property of any person arising out of 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 and signs in or upon the Premises, which
shall remain COUNTY property and may be removed therefrom by COUNTY prior to
the termination of this Lease. Any such alterations, signs or fixtures shall be at
6
COUNTY'S sole cost and expense, and all signs shall meet with existing code
requirements and LESSOR'S approval. COUNTY, at its option, shall either repair and
return the Premises to it's original condition after the minor alterations, signs or fixtures
are removed at the end of the lease tern or extension thereof, or shall have the LESSOR
make the repairs and invoice COUNTY for the said repairs.
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 sixty (60) 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 sixty (60) 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 sixty <60> days), or such repairs cannot be made under such laws
and regulations, this Lease may be tenninated 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.
7
B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of
Default under this Agreement:
a. Event of Default by COUNTY
I. COUNTY'S failure to pay any Rental within ten (I0) business days
after written notice of failure from LESSOR to COUNTY. If,
however, payment is not made within ten (10) business days of said
written notice due to circumstances beyond the reasonable control of
COUNTY, which circumstances may, without limitation hereby,
include failure of COUNTY to adopt a budget, then COUNTY shall
make such payment within such additional time [but not to exceed a
total of seventy five (75) days from LESSOR'S notice to
COUNTY.]
2. COUNTY'S failure to comply with any other material term or
provision of this Lease if such failure continues thirty (30) days after
written notice of failure from LESSOR to COUNTY specifying in
reasonably sufficient detail the nature of said breach. If the required
cure of the noticed default cannot be completed within thirty (30)
days, COUNTY'S failure to perform shall constitute a default under
the Lease unless COUNTY has attempted to cure the default within
said thirty (30) day period and has diligently and continuously
attempted to complete the cure as soon as reasonably possible.
On the occurrence of an Event of Default by COUNTY, LESSOR may re-
enter and repossess the Premises and remove all persons and property therefrom
after giving COUNTY written notice of such default and in accordance with due
process of law.
b. Event of Default by LESSOR
LESSOR'S failure to perform any of its obligations under this Lease
shall constitute a default by LESSOR if the failure continues for
8
thirty (30) days after written notice of the failure from COUNTY to
LESSOR. If the required cure of the noticed default cannot be
completed within thirty (30) days, LESSOR'S failure to perform
shall constitute a default under the Lease unless LESSOR has
attempted to cure the default within said thirty (30) day period and
has diligently and continuously attempted to complete the cure as
soon as reasonably possible. Notwithstanding the foregoing, in the
event of a situation creating a perilous condition on the Premises
which substantially and significantly threatens the health and safety
of COUNTY and/or its invitees, LESSOR shall use reasonable
efforts to immediately address the situation and shall use diligent
efforts to correct the perilous condition.
On the occurrence of an Event of Default by LESSOR, COUNTY may
terminate this Lease and quit the Premises without further cost or obligation or
may proceed to repair or correct the failure and either deduct the cost thereof from
rental payments due to LESSOR, or at COUNTY'S option, invoice LESSOR for
the cost of repair, which invoice LESSOR shall pay promptly upon receipt.
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 (except signs and fixtures
referred to hereinabove) in good order, condition, and repair, excepting for reasonable
use and wear thereof and damage by earthquake, fire, public calamity, by the elements,
by Act of God, or by circumstances over which COUNTY has no control. COUNTY
shall not be liable for painting the interior of the Premises upon termination of this Lease.
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.
9
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: COUNTY 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 other Lessee or occupant of the building in which the Premises
are located.
B.11. 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.
10
LEASE
82.1 ESCOBAR STREET
MARTINEZ, CALIFORNIA
FOR THE
CONTRA COSTA COUNTY SHERIFF-CORONER
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE: COUNTY shall have the right to assign this
Lease or sublease the Premises or any part thereof at any time during the term of this
Lease or extension thereof with the prior written approval of LESSOR, which shall not
be unreasonably withheld.
C.2. SERVICE BY LESSOR: It is understood and agreed LESSOR shall provide
certain landscaping, maintenance, construction, remodeling or like services as requested
by COUNTY from time to time during the term of this Lease or extension thereof.
COUNTY shall pay to LESSOR as additional rental one hundred percent (100%) of the
costs of the service.
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 the service.
C.3. PRIOR POSSESSION: Commencing on April 1, 2001, COUNTY shall have the
right to install fixtures, telephones, and other items required to prepare the Premises for
COUNTY'S occupancy and to store furniture, supplies, and equipment.
CA. HAZARDOUS MATERIALS: LESSOR warrants to COUNTY that LESSOR
does not have any knowledge of the presence of hazardous substances or contamination
of the Premises. LESSOR agrees to defend, save, protect, and hold COUNTY harmless
11
from any loss arising out of the presence of any hazardous substance in or around the
property, which is not related to COUNTY'S use and occupancy of the Premises.
COUNTY agrees to defend, save, protect, and hold LESSOR harmless from and
against all liabilities, claims, actions, foreseeable and unforeseeable consequential
damages, costs and expenses (including sums paid in settlement or claims and all
consultant, expert and legal fees and expenses of LESSOR'S counsel) or loss directly or
indirectly arising out of or resulting from the presence of any hazardous substance as a
result of COUNTY'S activities, in or around any part of the property, including those
incurred in connection with any investigation of site conditions or any clean-up,
remedial, removal or restoration work, or any resulting damages or injuries to the person
or property of any third party or to any natural resources.
A "Hazardous Substance" is defined to mean any substance, material or waste,
including asbestos and petroleum (including crude oil or any fraction thereof), which is
or becomes designated, classified or regulated as being "toxic", "hazardous", a
"pollutant" or similar designation under any federal, state or local law, regulation or
ordinance.
The parties to this Lease acknowledge that the provisions of this paragraph shall
survive the expiration or termination of this Lease.
CA INSURANCE:
a. Throughout the term of this Lease, COUNTY, at its sole cost and expense,
shall maintain for its benefit, as well as for the LESSOR, a general self-
insurance program covering bodily injury (including death), personal injury
and property damage including loss of use. COUNTY shall provide
LESSOR a letter of self-insurance indicating the aforementioned
provisions.
b. COUNTY shall provide fire insurance on its own contents, improvements
and betterments and personal property containing within or on the Premises
under a standard all-risk policy excluding earthquake and flood.
12
C. LESSOR shall have no interest in the insurance upon COUNTY'S
equipment and fixtures not attached to the Premises and will sign all
documents reasonably necessary or proper in connection with the
settlement of any claim or loss by COUNTY.
C.5. BROKER COMPENSATION: It is acknowledged that Grubb & Ellis has acted
as agent in this transaction for the LESSOR. All compensation due to Grubb & Ellis
shall be the sole responsibility of LESSOR.
821 Escobarlsc2rcv.doc
13
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