HomeMy WebLinkAboutMINUTES - 06192001 - C.119 .TC BOARD OF.SUPERVISORS ' i►�!/
y FROM Barton J. Gilbert, Director of General Services - Contra
_ Costa
DATE June 19, 2001 - -
r County
SI1I0H I: LEASE FOR SPACE #22, PINOLE VALLEY SHOPPING CENTER-TEMPORARY
RELOCATION FOR P!NOLE BRANCH LIBRARY(T00465, CP#01-32 )
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a lease, commencing no sooner than July 1, 2001, with BankAmerica Realty
Finance, Inc. for Space #22 at the Pinole Valley Shopping Center, Pinole, for temporary
occupancy by the Pinole Branch Library under the terms and conditions more particularly set
forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said
Agreement on behalf of the County; and DETERMINE that the project is a California
Environmental Quality Act (CEQA) Class 1 (a) Categorical Exemption and DIRECT the Director
of Community Development to file a Notice of Exemption with the County Clerk; and DIRECT
the Director of General Services to arrange for the payment of handling and filing fees.
II. FINANCIAL IMPACT
The monthly lease cost is $2,184, for a total anticipated cost of$13,104 for six months. These
costs are fully budgeted in the 2000-01 adopted budget for the County Library and will be
rebudgeted in the 2001-02 fiscal year.
III. REASONS FOR RECOMMENDATION/BACKGROUND
On February 6, 2001, your Board approved the Agreement between the City of Pinole
Redevelopment Agency and the County for a jointly funded project to remodel the Pinole Branch
Library. The remodeling is anticipated to take six months and requires the closure of the Pinole
Branch Library. It is planned that the Pinole Branch will relocate to Space #22 at the Pinole
Valley Shopping Center on a temporary basis during this remodeling.
CONTINUED ONATTACHMENT:_--- S SIGNATURE: (JL/ `_/���/((,C �(NiJL✓
✓RFCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATURE(S):
ACTION OF BOA APPROVED AS RECOMMENDED vn �
VOTE OF SUPERVISORS
XUNANIMOUS(ABSENT
AYES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT (313-7100)
CC: Auditor-Controller(via UM) I HEREBY CERTIFY THA IS IS A TRUE
v /M AND CORRECT COPY AN ACTION TAKEN
Clerk of the Board
( ) AND ENTERED ON MINUTES OF TH BOARD
Library(via UM) OF SUPERVISO N THE DAT S
Orig:General Services Department-UM
ATTESTED
HN SWEETEN,CLEAK OF THE BOARD OF
UPERVISORS AND COUNTY ADMINISTRATOR
BY � _ -e�3�-- DEPUTY
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G-A cascMgt\('AROI-\pinolcleasebo.doc
GENERAL SERVICES DEPARTMENT /�
LEASE MANAGEMENT DIVISION '
1220 Morello Avenue, Suite 100
:Y Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: May 29, 2001
TO: John Sweeten, County Administrator
FROM: Barton J. Gilbert, Director of General Services
SUBJECT: June 19, 2001 Agenda:Temporary Lease for Pinole Branch Library, Stall
#22, Pinole Valley Shopping Center (T00465, CP#01-32)
The County and City of Pinole Redevelopment Agency are jointly funding a project to
remodel the Pinole Branch Library. The remodeling project will take six months during
which time the Branch library will relocate temporarily to the above site.
OCCUPANT: County Library-Pinole Branch.
RENT: S 2,184.00 per month.
TERM: Month to month commencing no earlier than July 1, 2001.
SQUARE FEET: 1,820 sq.ft.
SPACE TYPE: Branch Library.
LESSOR RESPONSIBILITY: Roof, structural integrity, building exterior and grounds.
COUNTY RESPONSIBILITY: Interior maintenance, HVAC, utilities,janitorial.
ADDRESS: Stall #22, Pinole Valley Shopping Center, Pinole
GOVERNMENT CODE SECTION 25351: 60 Day Notice sent May 15, 2001. Waiver
issued May 22, 2001.
G:\LeaseMgt\CAROL\pinolelibraryagendaitem.doc
or TO: BOARD OF SUPERVISORS
FROM Barton J. Gilbert, Director of General Services Contra
' Costa
DATE: June 19, 2001
County
LEASE FOR SPACE #22, PINOLE VALLEY SHOPPING CENTER-TEMPORARY
RELOCATION FOR PINOLE BRANCH LIBRARY(T00465, CP#01-32 )
SPECIFIC REQUESTS OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
APPROVE a lease, commencing no sooner than July 1, 2001, with BankAmerica Realty
Finance, Inc. for Space #22 at the Pinole Valley Shopping Center, Pinole, for temporary
occupancy by the Pinole Branch Library under the terms and conditions more particularly set
forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said
Agreement on behalf of the County; and DETERMINE that the project is a California
Environmental Quality Act (CEQA) Class 1 (a) Categorical Exemption and DIRECT the Director
of Community Development to file a Notice of Exemption with the County Clerk; and DIRECT
the Director of General Services to arrange for the payment of handling and filing fees.
II. FINANCIAL IMPACT
The monthly lease cost is $2,184, for a total anticipated cost of $13,104 for six months. These
costs are fully budgeted in the 2000-01 adopted budget for the County Library and will be
rebudgeted in the 2001-02 fiscal year.
III. REASONS FOR RECOMMENDATION/BACKGROUND
On February 6, 2001, your Board approved the Agreement between the City of Pinole
Redevelopment Agency and the County for a jointly funded project to remodel the Pinole Branch
Library. The remodeling is anticipated to take six months and requires the closure of the Pinole
Branch Library. It is planned that the Pinole Branch will relocate to Space #22 at the Pinole
Valley Shopping Center on a temporary basis during this remodeling.
CONTINUED ON ATTACHMENT S SIGNATURE: (/C� (i✓Vl
_,_,✓_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
--A'PPR0VE OTHER
SIGNATURE(S): '
r,
ACTION OF BOA ��. . ) APPROVED AS RECOMMENDED -5v�++cre
VOTE OF SUPERVISORS
XUNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT (313-7100)
CC: Auditor-Controller(via UM) CT HEREBY CERTIFY THA ISS A TRUE
Clerk of the Board(via UM) AND CORRECT COPY AN ACTION TAKEN
AND ENTERED ON MINUTES OF TH BOARD
Library(via UM) OF SUPERVISO N THE DAT S .
Orig: General Services Department-UM
ATTESTED
HN SWEETEN.CLE4K OF THE BOARD OF
UPERVISORS AND COUNTY ADMINISTRATOR
BY gg—
g�� DEPUTY
G\I.caseMgt\CAROL\pinoleleasebo.doc
GENERXL SERVICES DEPARTMENT
LEASE MANAGEMENT DIVISION V
i 1220 Morello Avenue, Suite 100
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: May 29, 2001
TO: John Sweeten, County Administrator
FROM: Barton J. Gilbert, Director of General Services
SUBJECT: June 19, 2001 Ahenda:Temporary Lease for Pinole Branch Library, Stall
#22, Pinole Valley Shopping Center (T00465, CP#O 1-32)
The County and City of Pinole Redevelopment Agency are jointly funding a project to
remodel the Pinole Branch Library. The remodeling project will take six months during
which time the Branch library will relocate temporarily to the above site.
OCCUPANT: County Library-Pinole Branch.
RENT: S 2,184.00 per month.
TERM: tilonth to month commencing no earlier than July 1, 2001.
SQUARE FEET: 1,820 sq.ft.
SPACE TYPE: Branch Library.
LESSOR RESPONSIBILITY: Roof, structural integrity, building exterior and grounds.
COUNTY RESPONSIBILITY: Interior maintenance, HVAC, utilities,janitorial.
ADDRESS: Stall #22, Pinole Valley Shopping Center, Pinole
GOVERNMENT CODE SECTION 25351: 60 Day Notice sent May 15, 2001. Waiver
issued May 22, 2001.
G:\LeaseMgt\CAROL\pinolelibraryagendaitem.doc
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SHOPPING CENTER L
THIS SHOPPING CENTER LEASE is made this day of F2001, by and between TKG Pinole Valley, LLC, a
California Limited Liability Company(herein called"Landlord"),and County of Contra Costa,a political subdivision of the State of
California(herein called"Tenant").
1.Lease Premises. The premises leased by Landlord to Tenant hereunder is located in the City of Pinole,County of Contra Costa,
State of California,and shall consist of a space within the Pinole Valley Shopping Center("Shopping Center"). The legal description
of the Shopping Center is attached hereto as Exhibit A. The premises is outlined in red on the site plan attached hereto as Exhibit B,
(the"Premises"). The parties agree that the size of the Premises shall be,for all purposes under this Lease and without regard to the
actual square footage of the Premises, 1,820 square feet 11201
2.Term. The term of this lease:shall be on a month-to-month tenancy, terminable byither Landlord or Tenant by providing 30
days'written notice of its election to terminate. The term of this lease shall commence on 1,2001 (the"Delivery Date")and
the date rent must commee�ncLeweer ill b 1,2001 (the"Rent Commencement Date").$*WMA-
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3.Rent.
haft
A. Base Rent. Tenant shall pay to Landlord for each and every month of the term a fixed minimum rent of Two Thousand One
Hundred Eight-four Dollars($2,184.00)each("Base Rent"),due in advance on the first day of each and every month during the term
of this Lease. The term"rent"or"Rent"shall include all amounts owing under this Lease.
B.Intentionally Deleted.
C.Intentionally Deleted.
D. Rent Without Offset:Late Charge;Interest. The Base Rent and all other sums payable hereunder shall be paid by Tenant to
Jordex Management, as agent for the Landlord at the following address:25 Kearny Street,4'h Floor,San Francisco,CA 94108,or
such other place as Landlord may designate in writing from time to time and shall be paid without prior demand therefor, and
without any deduction or offset whatsoever. Tenant hereby acknowledges that(a)late payment by Tenant to Landlord of the Base
Rent or any other sums due hereunder, (b) the late delivery of any document or statement required to be delivered by Tenant to
Landlord hereunder,or(c)the return for insufficient funds of any check made payable to Landlord would cause Landlord to incur
costs not contemplated by this Lease,the exact amount of which will be extremely difficult or impractical to ascertain. Such costs
include,but are not limited to,processing and accounting charges and late charges which may be incurred by Landlord or imposed
upon Landlord by the terms of any mortgage or deed of trust covering the Premises or by a collecting bank. If any payment of Base
Rent or any sum due from Tenant hereunder shall not be received by Landlord or Landlord's designee on or before the time set forth
herein,then said amount shall be deemed past due,and Tenant shall pay to Landlord a late charge equal to five percent(5%)of such
past due amount. In addition thereto, in the event any check made payable to Landlord for payment of any sum due hereunder is
returned for insufficient funds, then Tenant shall pay to Landlord an insufficient funds charge of Twenty-Five Dollars($25.00)for
each such returned check. Further, following the first such check returned for insufficient funds Landlord can require Tenant to
thereafter make all payments due under this Lease by cashier's check. Landlord and Tenant hereby agree that the late charges and
returned check charges described above represent a fair and reasonable estimate of the cost that Landlord will incur by reason of any
such late payment or delivery by Tenant or returned check. Acceptance of any such charge by Landlord shall in no event constitute a
waiver of Tenant's default with respect to such overdue or unpaid amount, nor prevent Landlord from exercising any of the other
rights or remedies granted hereunder. If any amount due hereunder is not paid within ten(10)days after the same is due,the unpaid
amount shall bear interest at the rate of 10%per annum from the date such delinquent payment became due until paid in full.
E.Unconditional Obligation. It is expressly understood and agreed that Tenant's timely payment of Base Rent and all other rents,
charges and amounts of any kind provided in this Lease is an unconditional obligation of Tenant, and one on which Landlord is
relying in order to meet the financial obligations of the Shopping Center. Tenant's obligation to pay shall be continuous throughout
the term of this Lease,even during the pendency of any dispute resolution process which may arise during the term hereof.
4.Intentionally Deleted.
5.Intentionally Deleted.
6.Taxes. Tenant shall pay before delinquency all taxes,assessments, license fees and public charges levied, assessed or imposed
upon its business operation,as well as upon all trade fixtures,leasehold improvements, merchandise and other personal property in,
or upon the Premises. In the event such items of property are assessed with the property of Landlord,then and in such event,such
assessment shall be equitably divided between Landlord and Tenant to the end that Tenant shall pay only its equitable proportion of
such assessment. For the purposes of determining such equitable proportions,figures supplied by the County Tax Assessor as to the
amounts so assessed shall be conclusive.
365020/1947600 1.
7.Use and Conduct of Business.
A.Use of Premises and Trade Name. Tenant shall use the Premises solely for the purpose of operating a library branch under the
trade name of Contra Costa County Library and for no other purpose and under no other trade name whatsoever without obtaining
the prior written consent of Landlord,which may be given,withheld or conditioned in Landlord's sole and absolute discretion.
B. Suitability. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty
with respect to Premises or with respect to the suitability of the Premises or the Shopping Center for the conduct of Tenant's
business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises except as provided in
this Lease.
C.Uses Prohibited. Tenant further covenants and agrees that it will not allow the Premises or any part thereof to be used for the
purpose of conducting an auction, a distress or fire sale, a bankruptcy or going-out-of-business sale or for any use or purpose in
violation of any law,ordinances,regulations or requirements imposed by any governmental or quasi-governmental agency. Tenant
shall not install any exterior light or plumbing fixtures,shade,awning,painting,exterior decoration,advertising device,fence,radio
or television antennae, loudspeakers,sound amplifiers or similar devices on the roof or exterior walls of the Premises,or make any
changes to the storefront, without Landlord's prior written consent. Additionally, Tenant shall not display or sell or advertise
merchandise,or allow shopping carts within the control of Tenant to be stored or remain,outside of the exterior walls or permanent
doorways of the Premise. Tenant further agrees not to install any amplifiers or loudspeakers in or about the Premises that may be
heard outside of the Premises. Tenant shall not install or operate in, on or about the Premises any mechanical, self-operating or
automatic vending machines, music machine,electronic game machine or amusement device and shall not sell alcoholic beverages
without Landlord's prior written consent.
D. Conduct of Business. Tenant shall occupy, use and operate the entire Premises for the purposes specified herein during all
usual business hours seven (7) days a week, twelve (12) months a year, except for such national holidays when comparable
businesses of like nature in the area are closed for business. Tenant shall keep the display windows of the Premises electrically
lighted during all evening shopping hours. Tenant shall store all trash and rubbish within the Premises in good quality containers so
located as not to be visible to Tenant's customers and other invitees to the Shopping Center.
E.Compliance with Applicable Law. At all times Tenant shall promptly comply with all laws,ordinances,orders and regulations
affecting the Premises and the building in which the same is situated including,without limitation,those that govern the cleanliness,
safety,occupation and use of the Premises and the building in which the same is situated. Tenant shall not do or permit anything to
be done in or about the Premises,or bring or keep anything in the Premises,that will in any way increase the rate of fire insurance
upon the Premises or the building in which the Premises are situated or on any other building in the Shopping Center. Tenant shall
not perform any acts or carry on any practices that may injure adjoining buildings or be a nuisance or menace to the other persons or
businesses in the area or disturb the quiet enjoyment of any other person.
F. Intentionally Deleted.
8.Common Areas.
A.Availability of Common Area.
(a)Location. Areas within the outer property lines of the Shopping Center,exclusive of areas reserved by Landlord for leasing
to or the use of tenants or otherwise designated by Landlord as being unavailable to tenants, shall be known as Common Areas.
Tenant shall have the non-exclusive right during the term of this Lease to-use the Common Areas for itself, its employees,agents,
customers,invitees and licensees.
(b) Rules and Regulations Regarding Use. All Common Areas shall be subject to the exclusive control and management of
Landlord or such other person or nominee as Landlord may have delegated or assigned to exercise such management or control,in
whole or in part,and Landlord and Landlord's nominees and assignees shall have the right to establish,modify,amend and enforce
rules and regulations with respect to the Common Area("Rules"). Tenant agrees to abide by and conform with such Rules,to cause
its concessionaires and its and their employees and agents to abide by such Rules,and to use its best efforts to cause its customers,
invitees and licensees to abide by such Rules.
(c)Right to Close. Landlord shall have the right to close,if necessary, all or any portion of the Common Areas to prevent a
dedication thereof or the accrual of any rights or any person or of the public therein; to discourage non-customer use;to maintain,
repair and replace the same,to make additional improvements or repairs or alterations to the Shopping Center;and to do and perform
such acts in,to and with respect to the Common Areas as Landlord shall determine to be appropriate for the Shopping Center.
(d)Right to Increase or Decrease Common and Parking Areas. Landlord shall have the unqualified right to increase or reduce
the Common Areas and to rearrange or reduce the number of parking spaces.
9.Intentionally Deleted.
365020/1947600 2. !" 1
10.Construction of Premises.
A. Landlord's Obligation. Tenant agrees that it is accepting the Premises in its"AS IS"condition,with no representations or
warranties by Landlord of any kind as to the condition of the Premises or its suitability for any particular use, including the use
described in Paragraph 7 above. Without limiting the foregoing, Tenant acknowledges that it has inspected the utility and other
building systems that service the Premises and accept the condition and capacity of such systems. Tenant agrees that Landlord has
no construction obligations whatsoever with respect to Tenant's initial occupancy of the Premises, nor is Landlord required to
contribute any money in connection with any tenant improvement work done by Tenant. Notwithstanding the foregoing, Landlord
shall insure that all mechanical systems,including the existing HVAC unit,plumbing and utilities,in the Premises shall be functional
on the Delivery Date,that any stained ceiling tiles shall be replaced,and the bathroom will be functional.
B.Tenant's Acceptance of Premises. Within ten(10)days after Tenant shall take possession of the Premises in accordance with
the terms of this Lease,Tenant shall execute and deliver to Landlord a statement acknowledging that it has taken possession of the
Premises and confirming the commencement of the term.
11.Utilities. Tenant shall pay,prior to delinquency,all charges for water,gas,sewer,electricity,light,heat,air conditioning,power,
telephone or other service used,rendered or supplied in connection with the Premises,together with any assessments or surcharges
with respect thereto, and shall contract for the same in Tenant's own name, and shall protect Landlord and the Premises from any
such charges. Tenant shall pay Landlord for any utilities or services furnished by Landlord,but Landlord shall not be obligated to
furnish any utilities or services, nor does Landlord make any warranty or representation as to the quality, quantity, availability,
amount or duration of any such utilities or services or bear any liability to Tenant for any interruption in any utilities or services. If
any such services are not separately metered to the Premises, Tenant shall pay a reasonable proportion of all charges which are
jointly metered,the determination to be made by Landlord and payment to be made by Tenant within ten(10)days of receipt of its
statement for such charges.
Tenant shall comply with all energy conservation and/or energy management programs, directives or orders imposed on
Landlord,Tenant or the Shopping Center by any applicable governmental or quasi-governmental entity. Tenant agrees to exercise
good faith efforts to comply with all voluntary energy conservation and/or energy management programs, directives or orders
promulgated by applicable governmental or quasi-governmental entities.
12.Repairs and Maintenance.
A.Tenant's Obligations. Tenant agrees at all times,from and after its occupancy of the Premises,at its own cost and expense,to
decorate,maintain,repair and keep in good order the interior of the Premises and certain exterior elements specified herein,including
all heating and electrical equipment,air conditioning equipment,plumbing and sprinkler systems installed therein,doors(including
the front and rear entrance doors to the Premises),the improvements and equipment installed by Tenant in the Premises,all interior
and exterior Tenant signs,locks and closing devices,all casements, door frames and window frames, all floor coverings,and shall
replace all broken glass, including exterior show windows, with glass of the same or similar quality. Tenant shall make all other
repairs,whether of a like or different nature,except those which Landlord is specifically obligated to make under the provisions of
subparagraph B below,and except that Tenant shall not be obligated to make structural repairs to the Premises. If Tenant refuses or
neglects to commence or complete repairs within 30 days after receipt of written notice thereof from Landlord(or such lesser amount
of time as may be set by Landlord in the written notice to avoid exposing the Premises, Shopping Center or any employees,
customers,delivery persons or other visitors to a risk of damage,harm or injury),Landlord may but shall not be obligated to make or
complete the repairs,and Tenant shall pay the costs thereof to Landlord on demand. During the term of this Lease,Tenant shall keep
in force a preventative maintenance contract with a qualified mechanical contractor covering all heating and air conditioning
equipment,and shall provide Landlord with a copy of said contract within thirty(30)days after the date of this Lease,and thereafter
Tenant shall deliver to Landlord a copy of all amended, renewed, or replacement contracts within five (5) days after any such
amendment to,or renewal or replacement of,such contract.
B.Landlord's Obligations. Landlord shall keep the foundations,exterior walls and roof in good order,condition and repair and as
necessary,or when required by governmental authority, shall make modifications or replacements thereof,except that Tenant shall
make all such repairs,modifications or replacements which become necessary or desirable by reason of Tenant's use of the Premises
or the negligence or intentional acts of Tenant or its customers,invitees or employees.
C. Waiver of Tenant's Claims. Tenant waives all claims against Landlord, its agents and employees for damage to persons or
property sustained by Tenant or any other property,resulting directly or indirectly from any act,omission or neglect of any tenant or
occupant or any other person, including Tenant's agents and servants, except when caused by Landlord's willful neglect. This
subparagraph shall apply especially, but not exclusively, to damage caused by roof leakage, refrigerators, sprinkling devices, air
conditioning apparatus,water,steam,excessive heat or cold,falling plaster,broken glass,sewage,gas,odors or noise,disruption of
any utility services,or the bursting or leaking of pipes or plumbing fixtures,and shall apply equally whether all such damage results
from the act, omission or neglect of Landlord or of other tenants, occupants or servants in the Shopping Center or of any other
person,and whether such damage be caused or result from any thing or circumstances above mentioned or referred to,or any other
thing or circumstance whether of a like nature or a wholly different nature. All property belonging to Tenant or any occupant of the
365020/1947600 3.
Premises or the Shopping Center shall be there at the risk of Tenant or such other person only,and Landlord shall not be liable for
damage thereto or theft or misappropriation thereof.
D. Landlord's Right to Inspect. Landlord and its agents shall have free access to the Premises during all reasonable hours for the
purpose of examining the Premises and determining if the Premises are in good repair,to make reasonable repairs which Landlord
may be required to make hereunder,to exhibit the Premises to prospective purchasers or tenants,to post"For Lease"or similar signs
in the windows of the Premises,to perform any work therein that may be necessary by reason of Tenant's default under the terms of
this Lease, without prior written notice thereof to Tenant, and for any other purpose not inconsistent with Tenant's use thereof,
including,without limitation to,repairs to Common Area facilities and for the purpose of installing,maintaining and replacing such
water,gas,sewer and other pipelines,and telephone,electric and power lines,cables and conduits as Landlord may deem desirable in
connection with the development or use of any other areas in the Shopping Center. Landlord shall make commercially reasonable
efforts to schedule work to be as least disruptive to Tenant as possible.
13.Alterations,Additions and Signs.
A.Authority for Alterations and Additions. Tenant shall not make any alterations or additions to the Premises,including,without
limitation, the construction or installation of any initial improvements, nor make any contract therefor without first receiving
Landlord's written consent. All alterations, additions and improvements made by Tenant to or upon the Premises, except light
fixtures, signs, electrical equipment, cases, counters or other removable trade fixtures, shall at once when made or installed be
deemed to have attached to the Premises and to have become the property of Landlord and shall remain the property of Landlord
upon the expiration or earlier termination of this Lease;provided, if prior to the expiration or termination of this Lease, or within
thirty (30) days thereafter Landlord so directs by written notice to Tenant, Tenant shall promptly remove the additions,
improvements,alterations, and installations which were placed in the Premises by Tenant and which are designated in such notice,
and shall repair any damage occasioned by such removal and restore the Premises to the condition existing prior to such additions,
improvements, alterations and installations, and in default thereof Landlord may effect said removals, restoration and repairs at
Tenant's expense.
B.Mechanics'Liens. Tenant agrees to keep the Premises and the building within which the Premises are located free and clear of
and from any and all mechanics', materialman's and other liens for work or labor done, services performed, materials, appliances,
transportation or power contributed, used or furnished to be used in or about the Premises to or on the order of Tenant, and at all
times Tenant shall promptly and fully pay and discharge any and all claims upon which any such lien may or could be based. Tenant
shall indemnify,defend, save and hold Landlord and the Premises and all buildings and improvements within which the same are
contained free and harmless of and from any and all such liens and claims of liens and suits or other.proceedings arising out of
materials or services furnished to or on the order of Tenant. Tenant agrees to give Landlord written notice not less than ten(10)days
in advance of the commencement of any construction, alteration, addition, improvement, installation or repair costing in excess of
Five Hundred and 00/100 Dollars ($500.00) in order that Landlord may post appropriate notices of Landlord's non-responsibility.
Tenant shall secure, at Tenant's sole cost and expense, a bond indemnifying Landlord and the Premises against all aforesaid liens,
with corporate surety in form satisfactory to Landlord. No mechanics'or materialman's liens or mortgages,deeds of trust or other
liens of any character whatsoever created or suffered by Tenant shall in any way,or to any extent,affect the interest or the rights of
Landlord in any buildings or other improvements on or about the Premises,or attach to or affect the Landlord's title to or rights in the
Premises.
C. Signs. Tenant shall not erect or install any exterior signs or window or door signs, advertising media or window or door
lettering or placards without Landlord's prior written consent as to size,type,color,location,copy,nature and display qualities. All
such installations (if any) must be made in full conformity with local code and governmental regulations and requirements, which
Tenant shall certify in writing as to compliance therewith prior to requesting Landlord's consent.
14.Indemnity and Insurance.
A.Fire and Liability Insurance. During the term hereof,Landlord shall keep the buildings and improvements within the Shopping
Center insured against loss or damage by fire,with extended coverage and vandalism and malicious mischief endorsement or their
equivalents, and, at Landlord's option, extended coverage against loss or damage due to flood and earthquake and such additional
coverages as Landlord shall elect to carry, with such insurance companies as Landlord shall select and in amounts not less than
eighty percent(80%)of the replacement cost of the building and structures insured with loss payable thereunder to Landlord and to
any authorized encumbrances of Landlord (with standard mortgagee loss payable clause) in accordance with their respective
interests. If the Lease is terminated as a result of damage by fire, casualty or earthquake as set forth in Paragraph 16 hereof, all
insurance proceeds shall be paid to and retained by Landlord, subject to the rights of any authorized encumbrances of Landlord.
Landlord may maintain rent insurance, for the benefit of the Landlord,equal to at least one year's rent hereunder. Landlord shall
also maintain commercial general liability insurance covering the Common Areas with such coverages and limits as Landlord shall
elect to carry.
B.Liability Insurance. It is understood and agreed that the Tenant,a political subdivision of the State of California,is self-insured
for its liability insurance exposure,which includes claims made by the public against the tenant for injury,both bodily and property,
to the extent such would be insured by a standard commercial insurance company for an amount not less than Two Million Dollars
($2,000,000.00).Landlord,and Jordex Management shall be included as additional insureds under the Tenant's Public Liability Self-
365020/1947600 4.
Insurance Plan in the same manner as would otherwise be provides by a standard commercial public liability insurance policy.
C.Other Insurance. Tenant shall also procure and maintain during the Term all risk insurance,including without limitation fire
and extended coverage insurance,in the broad form,insuring leasehold improvements to the Premises,its fixtures and the
contents of the Premises for the full replacement value thereof;business interruption insurance for a period of at least twelve(12)
months;and employer's liability insurance and worker's compensation insurance,as required by applicable law.
D.Notice. Each insurance policy that Tenant carries under this Lease shall contain a clause that it cannot be canceled or reduced
in scope without thirty(30)days prior written notice to Landlord and to any mortgage or trust deed holder of whom the insurer has
been notified in writing.
E. Hold Harmless and Waiver of Claims. Tenant covenants and agrees that Landlord shall not at any time or to any extent
whatsoever be liable,responsible or in anywise accountable for any loss,injury,death or damage to persons or property which at any
time may be suffered or sustained by Tenant or any persons whomsoever who may at any time be using or occupying or visiting the
Premises or be in,on or about the same,or who may be injured as a result of any act,omission or negligence of Tenant, its agents
and employees,whether arising from the sale of alcoholic beverages,or otherwise,whether or not such loss,injury,death or damage
shall be caused by or in any manner result from or arise out of any act, omission or negligence of Tenant or of any occupant,
subtenant,visitor or user of any portion of the Premises,or from the use or occupancy of the Premises,or arising from any breach or
default of Tenant hereunder. Tenant shall forever indemnify,defend,hold and save Landlord free and harmless of,from and against
any and all claims, liability, loss or damage whatsoever,including,but not by way of limitation,attorneys' fees,on account of any
loss, injury,death or damage occurring on the Premises, arising from the use of the Premises, the exercise by Tenant of its rights'
under this Lease or any breach by Tenant of its obligations under this Lease.
F.Waiver of Subrogation. With respect to loss or damage resulting from any cause insured against by the insurance to be carried
by Landlord pursuant to the terms of Paragraph 14A hereof, and with respect to any similar insurance which is maintained by
Tenant,the parties hereto waive any and all rights of recovery against the other,and each such party hereby agrees that it shall not
make any claim against the other for loss of or damage to the other,or its property,or property of others under its control,and each
party hereto shall give notice to any insurance carrier of the foregoing waiver of subrogation,or a waiver of right to recovery against
the other party hereto, its agents and employees. In furtherance of the foregoing, Tenant agrees that in the event of a sale of the
Premises by Landlord, the hereinabove waiver of subrogation shall continue in favor of the original Landlord hereunder and any
subsequent landlord,as well as be in favor of any such purchaser,and their respective successors and assigns.
15.Intentionally Deleted.
16.Damage and Destruction.
A. Insured Risks. In the event the Premises are substantially damaged by fire or other perils, this Lease shall automatically
terminate without liability to either party hereto unless the cause of such damage shall be the result of the gross negligence or willful
misconduct of the other party.
17.Eminent Domain.
A. 1a1 n . If title to all of the Premises is taken for any public or quasi-public use under any statute, or by right of eminent
domain, or by purchase in lieu of eminent domain, or if title to so much of the Premises is so taken that a reasonable amount of
reconstruction of the Premises will not result in the Premises being a practical improvement reasonably suitable for Tenant's
continued occupancy for the uses and purposes for which the Premises are leased,then in either event,this Lease shall terminate on
the date that possession of the Premises,or part thereof, is taken. Upon the occurrence of any other taking to the Premises,or the
taking of any portion of the Shopping Center, Landlord shall have the right to terminate this Lease effective as of the date of the
taking.
B. Abatement of Rent. if the continued occupancy of Tenant is interfered with for any time during the partial taking,
notwithstanding the partial taking does not terminate this Lease as to the part not so taken,the Base Rent shall proportionately abate
so long as Tenant is not able to continuously occupy the part remaining and not so taken.
C. Compensation. All compensation awarded or paid upon a total or partial taking of the fee title shall belong to Landlord
whether such compensation be awarded or paid as compensation for diminution in value of the leasehold or of the fee, except as
hereinafter provided; notwithstanding the aforementioned, Tenant shall retain and have a claim for its trade fixtures, the business
value arising out of that portion of the Premises that is taken (excluding any value for the unexpired term of this Lease) and
moving and relocation expenses to the extent(if any)provided by the condemning authority directly to Tenant.
365020/1947600 5.
18.Assignment and Sublettin .
A. Landlord Consent. Tenant shall not directly or indirectly, voluntarily or involuntarily or by operation of law, sell, assign,
encumber,mortgage,pledge or otherwise transfer or hypothecate all or any part of the Premises or Tenant's interest in the Premises
(collectively, "Assignment"), or permit the Premises to be occupied by anyone other than Tenant or sublet the Premises or any
portion of the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Any
attempt to enter into an Assignment without Landlord's consent shall be void and shall constitute a breach of this Lease. The
Landlord can consider the following factors,among others,in evaluating whether to consent to an Assignment:
(i) If Landlord determines in its reasonable discretion that the use of the Premises by the proposed
assignee or sublessee would violate any provision of this Lease;
(ii) If Landlord determines in its good faith but nevertheless sole discretion that the financial worth of
the proposed assignee or sublessee does not meet the credit standards applied by Landlord for other tenants under leases with
comparable terms;
(iii) If Landlord determines in its good faith but nevertheless sole discretion that the proposed assignee
or sublessee does not have a favorable reputation as a tenant of property;
(iv) If Landlord has received from any prior lessor to the proposed assignee or subtenant a negative
report concerning such prior lessor's experience with the proposed assignee or subtenant;
(v) If Landlord has experienced previous defaults by or is in litigation with the proposed assignee or
subtenant;
(vi) If the proposed assignee or subtenant is a person with whom Landlord is or has been during the past
six months actively negotiating to lease space in the Shopping Center or any other property controlled,directly or indirectly, by
Landlord or any of its partners or members.
B. Intentionally Deleted.
C. Information About Assignment. If Tenant desires at any time to enter into an Assignment of this Lease,Tenant shall first
give written notice to Landlord of its desire to do so,which notice shall contain:(i)the name of the proposed assignee,subtenant
or occupant(collectively"Assignee");(ii)the nature of the business that the proposed Assignee seeks to conduct in the Premises;
(iii) a copy of the sublease, assignment or other document that creates the proposed Assignment; and (iv) such financial
information,operating histories and statements of prior experience as Landlord may reasonably request concerning the proposed
Assignee. Tenant further acknowledges that the use of the Premises shall be limited to the uses described in Paragraph 7 above,
and Landlord may withhold its consent to any other use. Furthermore,in the event Landlord does consent to any Assignment of
this Lease, then Landlord may also require,as a condition to such consent, (i) that Tenant agrees to pay Landlord as additional
Rent one half of any sums or other economic consideration which (a)Tenant is entitled to receive pursuant to the terms of the
Assignment, whether or not denominated rentals under the Assignment, and (b) exceed in total the sums which Tenant is
obligated to pay Landlord under this Lease ("Bonus Rent", prorated if only a portion of the Premises is subject to such
Assignment)(Tenant shall be obligated to pay Bonus Rent to Landlord when such Bonus Rent becomes due to Tenant),(ii)that
the Security Deposit be increased to no more than six months of Base Rent, and (iii) such other conditions as Landlord may
impose. The failure or inability of the Assignee to pay Tenant pursuant to the Assignment will not relieve Tenant from its
obligations to Landlord under this paragraph. Tenant will not amend the Assignment in such a way as to reduce or delay
payment of amounts which are provided in the assignment approved by Landlord. Tenant agrees to reimburse Landlord on
demand for Landlord's attorneys' fees and other administrative costs incurred in conjunction with the processing and
documentation of any request for consent to an Assignment.
D. Landlord's Election. At any time within thirty (30) days after Landlord's receipt of the notice and the additional
information requested by Landlord and specified in Paragraph 18(C)above,Landlord may,by written notice to Tenant,elect one
of the following,as selected by Landlord in its sole discretion: (i)consent to the Assignment,(ii)disapprove the Assignment,or
(iii) elect to terminate this Lease by providing written notice thereof to Tenant. If Landlord elects to terminate this Lease
pursuant to this Paragraph 18(D), then Tenant shall, within thirty (30) days after delivery of Landlord's election to terminate,
surrender the Premises as provided in this Lease, and Landlord shall have no liability to Tenant with respect to Landlord's
exercise of its right of termination. Landlord's termination of this Lease pursuant to this Paragraph 17(c)shall not constitute a
waiver by Landlord of any obligations owing by Tenant under this Lease that arose prior to the date of termination.
E. Time for Assignment. If Landlord consents to the Assignment, Tenant may thereafter, within ninety (90) days after
Landlord's consent, but not later than the expiration of such ninety (90) days, enter into such Assignment of the Premises or
portion thereof, upon the terms and conditions set forth in the notice furnished by Tenant to Landlord pursuant to Paragraph
18(B). If Tenant fails to enter into such Assignment within this ninety(90)day period,then Landlord's consent shall cease to be
of force and effect and Tenant shall be required to seek Landlord's consent again with respect to the Assignment.
365020/194760v3 6.
F. Effect of Assignment.No Assignment,whether consented to by Landlord or for which no consent is required,shall release
Tenant from Tenant's obligations under this Lease or alter the liability of Tenant to pay the Rent and to perform all other
obligations to be performed by Tenant under this Lease.The acceptance of any Rent by Landlord from any other person shall not
be deemed to be a waiver by Landlord of any provision of this Lease.Consent to one Assignment shall not be deemed consent to
any subsequent Assignment.In the event of default by any Assignee of Tenant or any successor of Tenant in the performance of
any of the terms of this Lease, Landlord may proceed directly against Tenant without the necessity of exhausting remedies
against such Assignee or successor.Landlord may consent to subsequent Assignments or to amendments or modifications to this
Lease with Assignee of Tenant,without notifying Tenant,or any successor of Tenant and without obtaining its or their consent
thereto and such action shall not relieve Tenant of liability under this Lease. Each Assignment shall be expressly subordinate to
the terms of this Lease,and any termination of this Lease shall terminate the Assignee's right to possession of the Premises.
G. Form of Assi ng ment.Each Assignment shall be by an instrument in form satisfactory to Landlord and shall be executed by
the Assignor and the Assignee; and each Assignee shall agree in writing for the benefit of Landlord to assume,to be bound by
and to perform the terms,covenants and conditions of this Lease to be done,kept and performed by Tenant.No Assignment shall
be effective until an executed copy of such instrument of Assignment has been received by Landlord.
H. Waiver.Tenant hereby waives the remedies provided in Section 1995.310 of the California Civil Code,consisting of the
right to terminate this Lease or collect contract damages,if Landlord unreasonably withholds its consent to any Assignment.
19.Default;Remedies.
A. Defaults by Tenant. The occurrence of any of the following shall constitute a material default and a breach of this Lease by
Tenant:(a)any failure by Tenant to pay within five(5)days after the date when due Base Rent or any other monetary sums required
to be paid hereunder;(b)any failure to deliver any statement or document required to be delivered to Landlord(where such failure
continues for five(5)days after written notice by Landlord to Tenant); (c)the abandonment of the Premises by Tenant(failure to
operate and be open for business in the Premises for ten(10)consecutive days shall be deemed an abandonment); (d)a failure by
Tenant to perform any other provision of this Lease to be observed or performed by Tenant,where such failure continues for twenty
(20)days after written notice thereof by Landlord to Tenant;provided,however,that if the nature of the default is such that the same
cannot-reasonably be cured within said twenty (20)day period,Tenant shall not be deemed to be in default if Tenant shall within
such period commence such cure and thereafter diligently prosecute the same to completion;provided,further,however,Landlord in
its sole discretion may require Tenant to deliver a bond,deposit funds,or provide such other form of security device which may be
necessary to protect the Premises, Landlord and the Shopping Center in the event such default cannot be cured within said twenty
(20)day period(any such notice shall be in lieu of and not in addition to any notice requirements under the law); (e)Tenant shall
neglect or fail to perform any provision of this Lease (including, without limitation, the timely payment of rent, or any amounts
payable hereunder)three(3)or more times in any twelve(12)month period,such third occurrence being agreed between Landlord
and Tenant to be incurable;(f)Tenant shall (1)be adjudicated bankrupt or insolvent,or(2)petition to file a bankruptcy under the
United States Bankruptcy Code(as amended from time to time),or(3)make an assignment for the benefit of its creditors;or(g)any
guarantor of Tenant's obligations under this Lease revokes or attempts to revoke its guaranty. In the event Landlord gives Tenant
more than one(1)notice of default in any twelve(12)month period during the term of this Lease,as permitted or required by this
Paragraph 19 or by law,then Tenant shall pay to Landlord upon demand and in addition to all other rights and remedies available to
Landlord,reasonable attorneys'fees incurred by Landlord in connection with each such notice,not to exceed One Hundred Dollars
($100.00)per notice.
B.Remedies. Upon default under this Lease by Tenant,Landlord shall have the following rights and remedies in addition to any
other rights or remedies available to Landlord at law or in equity:
(a) The rights and remedies provided by California Civil Code Section 1951.2, including but not limited to recovery of the
worth at the time of award of the amount by which the unpaid Base Rent and any other rent payable under this Lease for the balance
of the term of this Lease after the time of award exceeds the amount of rental loss for the same period that the Tenant proves could be
reasonably avoided, as computed pursuant to subsection (b) of California Civil Code Section 1951.2. The "worth at the time of
award"shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time
of the award plus one percent(I ft
(b) The right to terminate this Lease by giving notice to Tenant in accordance with applicable law;
(c) The right and power,as attorney-in-fact for Tenant,to enter the Premises and remove all persons and property,to store such
property in a public warehouse or elsewhere for the account of Tenant,and to sell such property and apply such proceeds pursuant to
applicable California law. Landlord,as attorney-in-fact for Tenant,may from time to time sublet the Premises or any part thereof for
such term or terms(which may exceed beyond the terms of this Lease)and at such rent and such other terms as Landlord,in it sole
discretion may deem advisable with the right to make alterations and repairs to the Premises. Upon each subletting,(1)Tenant shall
be immediately liable to pay to Landlord,in addition to indebtedness other than Base Rent due hereunder,the cost of such subletting
and such alterations and repairs incurred by Landlord and the amount,if any,by which the Base Rent due hereunder for the period
of such subletting(to the extent such period does not exceed the term of this Lease)exceeds the amount to be paid as Base Rent for
the Premises for such period or(2)at the option of Landlord,rents received from such subletting shall be applied firsf,to payment of
any indebtedness other than Base Rent due from Tenant to Landlord;second,to the payment of any costs of such subletting and of
365020/194760x3 7.
such alterations and repairs; third, to payment of Base Rent as it becomes due. If Tenant has been credited with any rentals to be
received by such subletting under option(1)and such rentals shall not be promptly paid to Landlord by the subtenant(s),or if such
rentals be received from such subletting under option(2)during any month be less than that to be paid during that month by Tenant,
Tenant shall pay any such deficiency to Landlord. This deficiency shall be calculated and paid monthly. For all purposes set forth
in this subsection(c),Landlord is hereby irrevocably appointed attomey-in-fact for Tenant,with power of substitution. The taking
possession of the Premises by Landlord,as attorney-in-fact for Tenant,shall not be construed as an election on its part to terminate
this Lease unless a written notice of such intention be given to Tenant. Notwithstanding any such subletting without termination,
Landlord may at any time thereafter elect to terminate this Lease for such previous breach;and
(d) The right to have a receiver appointed for Tenant,upon application by Landlord, to take possession of the Premises and to
apply any rent collected from the Premises and to exercise all other rights and remedies granted to Landlord as attomey-in-fact for
Tenant pursuant to subsection(c)above.
(e) Landlord shall have all of the rights and remedies of a landlord provided by Sections 1951.4 (landlord may continue
lease in effect after tenant's breach and abandonment and recover rent as it becomes due, if tenant has right to sublet or assign,
subject only to reasonable limitations). Tenant agrees that the standard for Landlord's consent to an Assignment as described in
Paragraph 18(A) above is an express standard and condition, is reasonable both at the time this Lease is entered into and
throughout the term of this Lease,and complies with the requirements set forth in California Civil Code Section 1951.4(b)(ii).
C.Additional Rights of Landlord. In the event of default,all of Tenant's fixtures,furniture,equipment,improvements,additions,
alterations and other personal property shall remain on the Premises, and in that event, and continuing during the length of said
default,Landlord shall have the right to take the exclusive possession of same and to use same,rent or charge free,until all defaults
are cured or,at its option,at any time during the term of this Lease,to require Tenant to forthwith remove same.
Tenant hereby waives any right of redemption or relief from forfeiture under the laws of the State of California or under any
other present or future law,in the event Tenant is evicted or Landlord takes possession of the Premises by Reason of any default by
Tenant hereunder.
Any legal action by Landlord to enforce any obligation of Tenant or in pursuance of any remedy hereunder shall be deemed
timely filed if commenced at any time prior to one(1)year after the expiration of the term hereof or prior to four(4)years after the
cause of action accrues,whichever period expires later.
The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant
of any term,covenant or condition of this Lease,other than the failure by Tenant to pay the particular Rent so accepted,regardless of
Landlord's knowledge of such preceding breach at the time of acceptance of such rent.
D.Remedies Cumulative. All rights and remedies of Landlord herein enumerated shall be cumulative,and none shall exclude any
other right or remedy allowed by law. Likewise,the exercise by Landlord of any remedy provided for herein or allowed by law shall
not be to the exclusion of any other remedy.
E. Mortgagee Protection. Landlord shall not be in default unless Landlord,or the holder of any first mortgage or deed of trust
covering the Premises, fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty
(30)days after written notice by Tenant to Landlord,certified mail,postage prepaid,and to the holder of any first mortgage or deed
of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying
wherein Landlord has failed to perform such obligations; provided,however, that if the nature of Landlord's obligation is such that
more than thirty(30)days are required for performance,then Landlord shall not be in default if Landlord or the holder of any such
mortgage or deed of trust commences performance within such thirty(30)day period and thereafter diligently prosecutes the same to
completion.
20. Notices. Any notice,consent,demand or other communications required or permitted to be given under this Lease,shall be in
writing and may be delivered personally or sent by messenger,facsimile,nationally recognized overnight courier service,or certified
mail,return receipt requested,with postage prepaid thereon,addressed as appropriate to the following addresses(or to such other or
further addresses as the parties may designate by like notice similarly sent):
To Landlord: c/o Jordex Management
25 Kearny Street,4h Floor
San Francisco,California 94108
Fax(415)434-8980
To Tenant: Contra Costa County Library
1750 Oak Park Blvd.
Pleasant Hills,CA 94523
Attn: Ms.Susan Caldwell
Tele:(925)927-3203
365020/194760x3 8.
Notices sent by certified mail shall be deemed received on the earlier of actual receipt or the third day following deposit in the mail;
notices sent by courier service shall be deemed received on the earlier of actual receipt or the first business day following deposit
with the courier service;notices sent personally or by messenger shall be deemed received on the earlier of actual receipt or delivery
to the applicable address;notices sent by facsimile shall be deemed received on delivery thereof,provided that a copy is mailed on
the same day the facsimile is sent.
21.Subordination and Attomment.
A.Subordination.At the election of either Landlord or any mortgagee or beneficiary of Landlord which election may be made at
any time prior to or following a foreclosure,deed in lieu or other transfer,this Lease will automatically be subordinate to the lien of
any first mortgage or first deed of trust to any bank,insurance company or other lending institution or party,now or hereafter created
against the land and buildings of which the Premises are a part,and upon any buildings hereafter placed upon the land of which the
Premises are a part.and to all advances made or hereafter to be made thereunder,and all renewals or modifications of such mortgage
or deed of trust or the debt secured thereby. At the request of Landlord or any such mortgagee or beneficiary,Tenant shall execute a
document confirming the subordination made hereunder.
B.Attomment. In the event any proceedings are brought for foreclosure,or in the event of the exercise of the power of sale under
any mortgage or deed of trust or a deed in lieu of foreclosure is given with respect to a mortgage or deed of trust that encumbers the
Premises,Tenant shall automatically attom to the purchaser or transferee upon any such foreclosure or sale or transfer and recognize
such purchaser as the Landlord under this Lease.
The provisions of this Paragraph 21 to the contrary not withstanding, and so long as Tenant is not in default hereunder, this
Lease shall remain in full force and effect for the full term hereof.
C. Offset Statements. At any time and from time to time, Tenant agrees upon request in writing from Landlord to execute,
acknowledge and deliver within ten(10)days thereafter to Landlord a statement in writing certifying that this Lease is unmodified
and in full force and effect (or if there have been modifications,that the same is in full force and effect as modified and stating the
modifications), and the dates to which Base Rent and other charges have been paid. It is understood and agreed that any such
statement may be relied upon by any prospective purchaser of the fee or any leasehold or the mortgagee,beneficiary or grantee of
any security or any interest,or any assignee of any thereof,under any mortgage or deed of trust now or hereafter made covering the
fee or any leasehold interest in the Premises or the real property covered by this Lease. Tenant's failure to deliver such statement
within such time shall be conclusive upon Tenant(i)that this Lease is in full force and effect without modification except as may be
represented by Landlord,(ii)that there are no uncured defaults in Landlord's performance,and(iii)that no more than one(1)month's
Base Rent has been paid in advance as security.
22.Intentionally Deleted.
23.Hazardous Substances. Tenant covenants and agrees that it will not generate,store,use,keep or suffer to be kept any Hazardous
Substances(as hereafter defined)in,upon or about the Premises or the Shopping Center. The term"Hazardous Substances"means
hazardous wastes, hazardous chemicals, flammable or explosive materials, radioactive materials, toxic materials or related
materials(whether potentially injurious to persons or property and whether potentially injurious by themselves or in combination
with other materials), including, but not limited to, any waste, chemical, substance or material now or hereafter determined by
any federal, state or local governmental agency or authority having jurisdiction to be hazardous to human health or the
environment or which is or becomes regulated by such agency or authority(including,but not limited to,those materials listed in
the United States Department of Transportation Hazardous Materials Table as amended from time to time). Tenant shall promptly
remove and clean up any Hazardous Substance brought on or to the Premises or the Shopping Center in violation of this provision.
Tenant shall be responsible for and shall indemnify,defend and hold harmless Landlord,its agents and employees from any and all
claims,judgments,losses,demands,causes of action,expenses(including reasonable attorneys'fees),proceedings or hearings related
to the storage,placement or use of any Hazardous Substance reasonably shown to have been caused by Tenant,its agents or invitees
on or about the Premises or the Shopping Center.Tenant shall further indemnify Landlord,its agents or employees for all costs and
expenses incurred by Landlord to correct any violation of this covenant,or to remove,neutralize or render harmless any Hazardous
Substance,or to comply with the requirements of any regulatory body having jurisdiction over same,or to contest the actions of any
such regulatory body with respect to the Shopping Center. Tenant's agreement to so indemnify Landlord shall survive the expiration
date of this Lease.
In the event of a breach of this covenant,then in addition to any other remedies available to Landlord,Landlord at its sole option
may declare Tenant to be immediately in default hereof and in forfeiture of its rights to occupy the Premises under this Lease and
may cause Tenant to be immediately removed from the Premises,which events shall neither release Tenant from its covenant to pay
Rent nor otherwise relieve Tenant from any monetary obligations under this Lease.
Tenant shall immediately advise Landlord in writing of,and provide it with a copy of. (1)any notices of violation or potential or
alleged violation of any law,rule,regulation or other directive that governs the use,release,transportation or disposal of Hazardous
Substances which are received by it from any governmental agency; (2)any and all inquiry, investigation,enforcement,clean-up,
removal or other governmental or regulatory actions instituted or threatened relating to it or the Premises or Shopping Center;and(3)
all claims made or threatened by any third party against it or the Premises or Shopping Center relating to any Hazardous Substances.
365020/1947600 9.
Tenant acknowledges that Landlord is in the process of remediating certain Hazardous Substances located in the
Shopping Center(the"Dry Cleaning Chemicals Remediation"). Tenant hereby waives and releases Landlord and
Landlord's current and former officers,directors,shareholders,agents,employees and contractors from any and all
damages,claims,losses,liabilities,costs or expenses of any nature,including,without limitation,attorneys'fees and costs,
whether direct or indirect,known or unknown,foreseen or unforeseen,in connection with or arising out of the Dry
Cleaning Remediation and the presence of Hazardous Substances necessitating the Dry Cleaning Chemicals Remediation.
Tenant hereby expressly waives any rights or benefits that Tenant may now or hereafter have under Section 1542 of the
California Civil Code(or any successor or like statute),which provides as follows:
"A general release does not extend to claims which the creditor does not know or
expect to exist in his favor at the time of executing the release,which if known by
himmusthave materially affected his settlement with the debtor."
W
Tenant's
Initials
24. Surrender. Upon expiration or earlier termination of this Lease,Tenant shall surrender the premises in the same condition as
received,ordinary wear and tear,damage by fire,earthquake,acts of God or the elements alone excepted,and shall promptly remove
or cause to be removed at its expense from the Premises and the Shopping Center any light fixtures, electrical equipment, cases,
counters, signs, notices and displays placed by Tenant, and all movable furniture and trade fixtures belonging to Tenant, title to
which shall be in Tenant's name until such termination,provided that Tenant repairs any damage caused by such removal. Tenant
shall arrange a meeting with Landlord's representative at the Premises after such surrender to confirm that Tenant has, in fact,
satisfied all its obligations under this Paragraph.
Tenant further agrees that all equipment, trade fixtures, inventory and other personal property of Tenant that remain in the
Premises at the expiration of the Term or earlier termination of the Lease("Personal Property") shall be deemed abandoned by
Tenant and shall immediately become the property of Landlord,without compensation to Tenant,and Landlord shall be free,as it
determines in its sole discretion, to store, move, sell or otherwise dispose of the Personal Property. Tenant hereby waives any
and all of its rights,and relieves Landlord of all of Landlord's obligations,with respect to such Personal Property created under
California Civil Code Sections 1980 et. seq. and California Code of Civil Procedure Section 1174. Without limiting the
foregoing,Tenant acknowledges that Landlord need not store or exercise any duty of care with respect to the Personal Property,
nor shall Landlord be obligated to provide any notice to Tenant or publish any notice with respect to any sale of the Personal
Property.
25.General Provisions.
A.Waiver. One or more waivers of any covenant,term or condition of this Lease by either party shall not be construed by either
party as a waiver of a subsequent breach of the same covenant,term or condition. The consent or approval of either party to or of
any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or
approval of any subsequent similar act.
B. Agreements in Writing. It is understood that there are no oral agreements or representations between the parties hereto
affecting this Lease,and this Lease supersedes and cancels any and all previous negotiations,arrangements,brochures,agreements or
representations and understandings,if any,between the parties hereto or displayed by Landlord to Tenant with respect to the subject
matter thereof, and none thereof shall be used to interpret or construe this Lease. This Lease may be altered,amended or revoked
only by a written instrument signed by both Landlord and Tenant. No custom or practice shall develop between the parties with
respect to the administration or interpretation of the terms of this Lease absent a written amendment signed by both parties
documenting a change to this Lease.
C.Covenant to Bind Successors. Terms and agreements as contained in this Lease shall be binding upon and inure to the benefit
of the parties hereto, and their respective heirs, executors, administrators, personal representatives and assigns and successors in
interest, subject at all times nevertheless to the provisions of Paragraph 18 of this Lease relating to restrictions upon assignment,
subletting or licensing of this Lease or the Premises.
D. Relationship of Parties. Nothing contained in this Lease shall be deemed or construed by the parties hereto or by any third
party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between
Landlord and Tenant, it being expressly understood and agreed that neither the method of computation of Rent, nor any other
provisions contained in this Lease nor any act or acts of the parties hereto shall be deemed to create any relationship between
Landlord and Tenant other than the relationship of landlord and tenant.
365020/1947600 10.
E.Sale of Premises by Landlord. Notwithstanding the foregoing,Landlord may assign,in whole or in part,Landlord's interest in
this Lease and may sell all or part of the Shopping Center. In the event of any sale or exchange of the Premises by Landlord and
assignment of this Lease,Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants
and obligations contained in or derived from this Lease arising out of any act,occurrence or omission relating to the Premises of this
Lease occurring after the consummation of such sale or exchange and assignment,but only upon the condition that,as part of such
sale or exchange, Landlord will cause the grantee to agree in writing to assume and to carry out any and all of the covenants and
obligations of Landlord under this Lease occurring after the consummation of Landlord's assignment of its interest in and to this
Lease.
F.Attorney's Fees. In the event that at any time during the term of this Lease either Landlord or Tenant shall institute any action
or proceeding against the other relating to the provisions of this Lease or any default thereunder,or any other action related to this
Lease, whether in contract, equity or tort, then and in that event the unsuccessful party in such action or proceeding agrees to
reimburse the successful parry therein for all attorneys'fees and all other costs incurred therein by the successful parry,including fees
and costs incurred in connection with appeals, in obtaining and enforcing a judgment and in connection with the bankruptcy of
Tenant. Additionally, if Landlord should consult with an attorney in connection with a default by Tenant under this Lease,Tenant
shall pay on demand such attorney's fees and costs in connection with such consultation(s).
G. Tenant Resolutions. If a corporation, limited liability company or partnership executes this Lease as Tenant, Tenant shall
promptly furnish Landlord certified corporate, limited liability company or partnership resolutions attesting to the authority of the
officers, members or partners to execute this Lease on behalf of such corporation, limited liability company or partnership. In the
event Tenant hereunder shall be a corporation,limited liability company or partnership,the parties executing this Lease on behalf of
Tenant hereby covenant and warrant that Tenant is a duly qualified corporation,limited liability company or partnership and all steps
have been taken prior to the date hereof to qualify Tenant to do business in California, all franchise and corporate taxes have been
paid to date,and all future forms,reports,fees and other documents necessary to comply with applicable laws wills be taken or filed
when due.
H. Other Tenancies in Shopping Center. This Lease contains no restrictive covenants or exclusives in favor of Tenant. Should
Tenant at any time during the term of this Lease claim rights under a restrictive covenant,exclusive,failure of continued occupancy
or inducement, whether implied or otherwise,Tenant hereby specifically waives any such claim with respect to department stores
and regional or national chains,in addition to other merchants with whom leases had been signed prior to the dates of the signing of
the Lease by both Tenant and Landlord.
Landlord reserves the absolute right to enter into leases for space in the Shopping Center with such tenants as Landlord shall
select,in the exercise of its sole business judgment. Tenant does not rely on the fact,nor does Landlord represent,that any specific
tenant or number of tenants shall during the term of this Lease occupy any space in Shopping Center.
1. Force Majeure. In addition to specific provisions of this Lease, the time within which a party is to perform an obligation
under this Lease shall be extended on a day for day basis to the extent such performance is delayed as a result of labor or supply
difficulties, inclement weather, acts of God, government regulation, additions, modifications or withdrawals of, or delays in
obtaining,governmental consents or approvals(provided that such party has timely submitted for and is diligently pursuing such
consents or approvals),building moratoria or restrictions,requirements to prepare further environmental impact documents or to
conduct further environmental impact studies,or any similar cause beyond the reasonable control or without the fault of the party
invoking such extension. Nothing contained in the foregoing sentence, however, shall excuse Tenant from its obligation to
timely pay Rent or any other monetary amounts owing under this Lease. Any party invoking an extension under this paragraph
shall immediately notify the other party in writing of the occurrence and nature of the force majeure event and the anticipated
delay resulting therefrom.
J.Brokers. Except as may be expressly set forth herein,each party represents that Cornish&Carey represents both parties to this
transaction and that no other person, firm, corporation or other entity is entitled to any brokerage commission or finder's fee on
account of the execution, delivery and consummation of this Lease. Tenant hereby agrees to indemnify Landlord and to hold
Landlord free and harmless of and from any and all claims, losses, damages, costs and expenses of whatsoever nature, including
attorneys'fees and costs of litigation arising from or relating to any brokerage commissions or finders fees incurred by Tenant in
connection with this Lease other than to Cornish&Carey.
K.Severabili1y. If any term or provision of this Lease shall,to any extent,be determined by a court of competent jurisdiction to
be invalid or unenforceable,the remainder of this Lease shall not be affected thereby,and each term and provision of this Lease shall
be valid and enforceable to the fullest extent permitted by law; it is the intention of the parties hereto that if any provision of this
Lease is capable of two constructions, one of which would render the provision void and the other of which would render the
provision valid,then the provision shall have the meaning which renders it valid.
L.Time of Essence. Time is hereby expressly declared to be of the essence of this Lease and of each and every covenant,term,
condition and provision hereof.
365020/1947600 1 1.
M.Impartial Construction. The language in all parts of this Lease shall be in all cases construed as a whole according to its fair
meaning and not strictly for nor against either Landlord or Tenant.
N.Gender and Interpretation of Terms and Provisions. As used in this Lease,and wherever required by the context thereof,each
number,both singular and plural, shall include all numbers and in each gender shall include all genders. Landlord and Tenant,as
used in this Lease or in any other instrument referred to in or made a part of this Lease,shall likewise include both the singular and
the plural,a corporation,co-partnership,individual or person acting in any fiduciary capacity as executor,administrator,trustee or in
any other representative capacity. All covenants herein contained on the part of Tenant shall be joint and several if this Lease is
signed by more than one party.
O.Law Governing. This Lease shall be governed by and construed in accordance with the laws of the State of California,without
taking into account conflicts of laws principles. The parties consent to the jurisdiction of the state courts of California and the federal
courts located in California.
P.Relocation. Landlord may,at any time during the term of this Lease or any extension,notify Tenant in writing that it seeks
to relocate Tenant from the Premises to other premises located in the Shopping Center and selected by Landlord ("Relocation
Premises"),which relocation shall be on the date specified in such written notice but in any event not less than 60 days after the
date of such written notice, provided that(i) the size of the Relocation Premises shall be not less than 80% of the size of the
Premises (the "Original Rentable Area"), (ii) if the size of the Relocation Premises is less or more than the Original Rentable
Area, then Minimum Rent, Tenant's pro rata share, and all other matters under this Lease that are based on the size of the
Premises shall be adjusted accordingly, (iii) Landlord shall at Landlord's option, either itself construct Tenant's tenant
improvements to the level then-existing in the Premises or reimburse Tenant for all reasonable costs incurred by Tenant in
constructing such tenant improvements upon the presentation of invoices, construction contracts, lien releases and architect's
certifications that reasonably evidence that such construction has been completed in a lien-free manner,and(iv)Landlord shall,
at its sole cost and expense, move Tenant's equipment, furnishings, inventory and other personal property from the Premises to
the Relocation Premises or, if Tenant should so elect, reimburse Tenant for the reasonable costs of such move. Landlord shall
also pay to Tenant up to $2,000 to cover all other incidental costs (e.g., new stationery, printing and mailing announcements)
associated with such relocation.
Q. Financial Statement.Tenant hereby represents and warrants that all financial and other information provided by it to Landlord
in connection with this Lease is true and correct in all respects,and that the accuracy of said information is a significant fact upon
which Landlord has relied in the granting of this Lease..
R.Intentionally Deleted.
S.Limitation of Liability. Tenant acknowledges and agrees that the liability of Landlord(which for purposes of this paragraph
shall include all partners,both general and limited,of any partnership,all members and managers of any limited liability
company and the officers,directors and shareholders of any corporation or limited liability company)under this Lease shall be
limited to its interest in the Shopping Center,and any judgments rendered against Landlord shall be satisfied solely out of the
proceeds of sale of its interest in the Shopping Center.No member,manager,officer or partner of Landlord shall be named as a
party in any suit or action(except as may be necessary to secure jurisdiction over Landlord)and no personal judgment shall lie
against Landlord. Tenant agrees that the foregoing covenants and limitations shall be applicable to any obligation or liability of
Landlord,whether expressly contained in this Lease or imposed by statute or at common law.The foregoing provisions are not
intended to relieve Landlord from the performance of any of Landlord's obligations under this Lease,but only to limit the
personal liability of Landlord in case of recovery of a judgment against Landlord.
T. Survival. All covenants, indemnities and other obligations arising out of this Lease shall survive the expiration or earlier
termination of this Lease and shall remain outstanding until satisfied in full.
U.Waiver of Jury Trial. Tenant hereby irrevocably and absolutely waives its right to a jury trial in connection with any dispute
arising out of or relating to this Lease.
V. Consents and Approvals. If Tenant seeks any consent or approval from Landlord with respect to any matter under this
Lease, then Tenant shall reimburse Landlord upon demand for Landlord's third party costs and expenses in evaluating and
processing the consent or approval. For example,if Tenant seeks Landlord's consent to a proposed alteration or assignment,then
Tenant shall be obligated to reimburse Landlord on demand for the costs of Landlord's architect and/or engineer to review and
evaluate the proposed alteration or for the costs of Landlord's attorney to review and negotiate the assignment and any related
documents.
365020/1947600 12.
W.Arbitration. NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING OUT OF THIS LEASE DECIDED BY NEUTRAL ARBITRATION AS
PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT BY JURY TRIAL. BY INITIALING IN THE SPACE
BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS
SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE DISPUTE RESOLUTION PROVISION. IF
YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY
BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES
ARISING OUT OF THE MATTERS INCLUDED IN THE DISPUTE RESOLUTION PROVISION TO
NEUTRAL ARBITRATION.
Tenant's Landlord's
Initials Initials
Any controversy or claim arising out of or relating to this Lease or any agreements or instruments relating hereto or delivered in
connection herewith,including but not limited to a claim based on or arising from an alleged tort will,at the request of any party,be
determined by arbitration in accordance with the Federal Arbitration Act(9 U.S.C.Section 1 et.seq.)under the auspices and rules of
the American Arbitration Association(the"AAA"). The AAA shall be instructed by either or both of the parties to prepare a list of
judges who have retired from the Superior Court of the State of California,a higher California court or any Federal court. Within ten
(10)day's receipt of the list,each party may strike one(1)name from the list. The AAA shall then appoint the arbitrator from the
name(s) remaining on the list. The arbitration proceeding shall be conducted in Contra Costa County. Any controversy in
interpretation or enforcement of this provision, or whether a dispute is arbitrable, shall be determined by the arbitrator. Judgment
upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction. The institution and maintenance of an
action for judicial relief or in pursuit of a provisional or ancillary remedy does not constitute a waiver of the right of any party,
including the plaintiff,to submit the controversy or claim to arbitration. Notwithstanding anything to the contrary in the foregoing,
the parties hereto acknowledge and agree that the provisions of this Paragraph 25.W will not apply to any summary proceedings to
obtain possession of real property pursuant to Chapter 4 of the California Code of Civil Procedure(Section 1159 et seq.)as amended
from time to time or any similar law,statute or ordinance now or hereafter in effect.
Tenant'sLandlord's
Initials Initials
X.Exhibits.The following constitute exhibits to this Lease:
Exhibit A Legal Description of Shopping Center
Exhibit B Site Plan of Shopping Center
Y. Survival. All covenants, indemnities and other obligations under this Lease shall survive the expiration or'earlier
termination of this Lease.
Z. Nondiscrimination: The Lessee herein covenants by and for the Lessee, the Lessee's heirs, executors, administrators,
assigns,officers and other employees, and all persons claiming under and through the Lessee, and this Lease is made and
accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any
person or group of persons on account of race,color,creed,religion, sex, sexual orientation, age,handicap, marital status,
ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises
herein leased, nor shall the Lessee,or any person claiming under or through the Lessee,establish or permit any such practice
or practices of discrimination or segregation with reference to the selection,location, number, use or occupancy of tenants,
lessees,subtenants or vendees in the Premises leased herein.
365020/1947600 13.
In Witness Whereof,the parties have executed this Lease as of the date fust written above.
Landlord:
TKG PinAVaU ,A Califorbility Company
By:
tadt
Its: Manager
Tenant:
COUNTY OF CONTRA COSTA,a
Political Subdivision of the State
Of California
By:
Director of General Services
RECOMMNEDED FOR APPROVAL:
By: -1��--
Director of Capital Facilities and
Debt anagement
By:
ountty�Liibrarriian
By:
Acting Lease Manger
o>J�Y
APPROVED AS TO FORNV.
Silvano Marcchhesi,County Counsel
By. ,J S.
lq�Deputy 12767 I
365020/1947600 14.
EXHIBIT A
The land referred to in this Report is situated in the County of Contra Costa, State of California,
and is described as follows:
(City of Pinole)
PARCEL ONE:
Being a portion of the Rancho El Pinole, described as follows:
Commencing at a city monument on Pinole Valley Road, said monument bears North 7°
13' 20" East, 10.00 feet from the intersection of the center line of Estates Avenue and the
monumented line of Pinole Valley Road as shown on the map of Tract 2296, filed in Book
72 of Maps, at Pages 5 and 6, on January 30, 1959, in the office of the Contra Costa
County Recorder; thence from said point of commencement, North 70 13' 20" East 72.04
feet and North 82° 46' 40" West 36.50 feet to a point on the Westerly line of the parcel of
land described in the deed to the City of Pinole, recorded February 25, 1974, in Book
7163, at Page 564 of Official Records, said point being the true point of beginning of the
herein described parcel of land.
Thence from said point of beginning along said Westerly line North 7° 13' 20" East, 1.31
feet to a point on the South line of the parcel of land described in the Memorandum of
Lease recorded March 9, 1960,in Book 3572 of Official Records, Page 679; thence along .
said South line, North 82° 46' 40" West, 129.39 feet to the Southwest comer of said lease
parcel; thence along the West line of said lease parcel, North 7° 13' 20" East, 116.44 feet
to a point on the Northerly line of Parcel One as described in the Deed to Pinole
Properties, a Limited Partnership, recorded April 20, 1965, in Book 4850 of Official
Records, Page 471, being also the Southerly line of the 20.673 acre parcel described as
Parcel One in the Deed from Joseph Edward Silva, et al, to the State of California,
recorded January 12, 1956, in Book 2687 of Official Records, Page 527; thence along the
exterior boundary of said Pinole Properties Parcel (4850 OR 471), South 57° 03' 11" West,
94.04 feet, South 52° 53' 08" West, 358.69 feet, South 7° 30' 15" East, 188.99 feet, and
South 370 15' 52" East, 95.89 feet to the Northwest comer of the parcel of land described
in the Deed to Pinole Properties, a Limited Partnership, recorded June 10, 1968, .in Book
5642 of Official Records, Page 402; thence along the exterior boundary of said Pinole
Properties Parcel (5642 OR 402); South 31° 04' 09" East 57.50 feet; South 40° 58' 47"
East, 150.71 feet, South 430 48' 37" East 97.34 feet and North 83* 54' 35" East; 172.40
feet to the Westerly line of Pinole Valley Road as it now exists; thence along said Westerly
line, North 5° 21' 40" West, 59.70 feet to a point on the South line of said Pinole
Properties Parcel (5642 OR 402), being also the South line of the Parcel of land described
in the Memorandum of Lease recorded November 9, 1956 in Book 2875 of Official
Records, Page 379; thence along the exterior of said Pinole.Properties Parcel
(5642 OR 402) North 89° 03' 40" West, 83.32 feet and North 5° 03' 40" West 150.00 feet
to a point on the South line of said Pinole Properties Parcel (4850 OR 471);
thence along said South line, South 89° 03' 40" East, 84.78 feet to a point on the Westerly
line of Pinole Valley Road as it now exists, said point being on a non-tangent curve, having
a radius of 840 feet, the center of which bears North 88° 49' 00" East from said point;
thence northerly along said Westerly line along said curve to the right, through a central
angle of 8° 24' 20", an are length of 123.23 feet; thence tangent to said curve, North 7°
13' 20" East, 284.25 feet, and South 82' 46' 40" East, 3.50 feet to the we point of
beginning.
PARCEL TWO:
Parcel A, as shown on the Parcel Map, filed August 31, 1977, in Book 57 of Parcel Maps,
at Page 27, Contra Costa County Records.
Assessor's Parcel Number(s): 401-310-002 (Affects a portion of Parcel One)
401-310-003 (Affects a portion of Parcel One)
401-310-010 (Affects a portion of Parcel One)
401-310-011 (Affects a portion of Parcel One)
401-310-013 (Affects a portion of Parcel One)
430-330-022 (Affects Parcel Two)
02/$8/2001 15:53 FAX 925 974 0123 C. UU4
EXHIBIT B
PINOLE VALLEY SHOPPING CENTER
I-80 &P NoLE VALLEY ROAD
PINOLE, CALIFORNIA
Pinole Valley Road
1
23
2 � Not A Part
4 2021
B
14 16 18
13
10
Albertsons
1 26,349
TENANT LIST
1 House of Hunan 1,510 sf 13 Albcrrsons 26,349 sf
2 Fiat Music 2,480 sf 14 Srar Cleaners 952 sf
3 AVAILABLE 2,U16 sf 15 AVAILABLE 2,549 sf
4 Coin Laundry 2,000 sf 16 Blockbuster Video 2,691 sf
5 AVAILABLE 1,664 sf 17 AVAILABLE 1,050 sf
6 AVAILABLE 1,504 .,;f 18 Flying Cow Cafe 1,040 sf
7 AVAILABLE 2.110 sf 19 AVAILABLE 1.537 sf
8 Dill's Barber Shop 560 sf 20 Comic Cards,Etc. 840 sf
9 AVAILABLE 2,171 sf 21 Cut It Out 1,323 sf
10 99¢Up or More 2,459 sf -32 AVAILABLE 1,820 sf
11 Depot Real Estate 1,875 sf 23 Gende Dental. 2,248 sf
12 AVAILABLE 8.826 sf
CONTACT EXCLUSIVE AGENTS CORNISH & CAREY COMMERCIAL
Gwen White (925) 974-0244 ONCOR INTERNATIONAL
gwhite@wc.ccarey.com CSC
Jennifer Daniels (925) 974-024!1
jdanielse-c.carey.com www.ccarey.com
1333 North California Blvd..Suite 343 The information contained herein has been given to us by the owner of the
property or other sources we deem reliable.We have no reason to doubt irs
Walnut Creek,California 94596 accuracy,but we do not gurtsntm it.All Information should be verified prior to
Tcl (925) 974-0100 FAX(925) 974-0123 purchuc or hast.
99�-772.7 7
FEE-28-2001 16:20 925 974 0123 9?% P.04