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HomeMy WebLinkAboutMINUTES - 06192001 - C.121 GENERAL SERVICES DEPARTMENT LEASE MANAGEMENT DIVISION �•/ / 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 Extension 3-7250 FAX 3-7299 DATE: May 31, 2001 TO: John Sweeten, County Administrator FROM: Barton J. Gilbert, Director of General Services SUBJECT: Agenda: Lease Renewal — 524 Main Street, Martinez Bldg. 026 (6-19-01) A lease renewal has been negotiated as follows: OCCUPANT: Clerk-Recorder, Elections Division TERM: 3 years commencing June 1., 2001 RENT: June 1, 2001 through May 31, 2002 $13,260.00 June 1, 2002 through May 31, 2003 $13,923.00 June 1, 2003 through May 31, 2004 $14,621.00 OPTION: 2-1 year CANCELLATION: None RENEWAL: Yes PREVIOUS RENT: $13,000.00 SQUARE FEET: 13,850 SPACE TYPE: Office/warehouse COUNTY RESPONSIBILITY: Interior, electrical, water, plumbing, utilities and HVAC ADDRESS: 524 Main Street, Martinez BJG:CGB Ag Itm 2450 Stan.doc cc: General Services Department Carol Chan Terry Mann Risk Managcrnent Robert L. La Fleur BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services - Contra Costa DATE: June 19, 2001 County SUBJECT: LEASE RENEWAL - 524 MAIN STREET, MARTINEZ BLDG. NO. 528 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease renewal, commencing June 1, 2001, with Robert L. La Fleur, for 524 Main Street, Martinez, CA, for occupancy by the Clerk Recorder, Elections Division, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. II. FINANCIAL IMPACT Payments required are to come from the budget of the General Services Department. III. REASONS FOR RECOMMENDATION/BACKGROUND Provide for continued use of office space as required for the Clerk Recorder, Elections Division. CONTINUED ON ATTACHMENT: YES SIGNATURE: 1-d' Vr�ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTa /APPROVE OTHER SIGNATURE(S): ACTION OF BOAR APPROVED AS RECOMMENDED x/ _ i1F1�Fr VOTE OF SUPERVISORS --/�j�� UNANIMOUS(ABSENT �L� ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM) AND CORRECT COPYAF AN ACTION TAKEN AND ENTEREDLessor(via UM) OF SUPERVISORN N THE DATE SHOWN. flE MINUTES OF THE BOARD Clerk-Recorder(via L/M) Orig: General Services Department-UM ATTESTED HN SWEETEN_di ERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY c BOARD OF SUPERVISORS I .I FROM. Barton J. Gilbert, Director of General Services Contra Costaa 3 DATE: June 19, 2001 County SUBJECT: LEASE RENEWAL - 524 MAIN :iTREET, MARTINEZ BLDG. NO. 528 SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECeOMMENDATION, APPROVE a Lease renewal, commencing June 1, 2001, with Robert L. La Fleur, for 524 Main Street, Martinez, CA, for occupancy by the Clerk Recorder, Elections Division, under the terms and conditions more particularly set forth in said Lease, and AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County. II. FINANCIAL IMPACT Payments required are to come from -the budget of the General Services Department. III. REASONS FOR RECOMMENDATION/BACKGROUND Provide for continued use of office space as required for the Clerk Recorder, Elections Division. CONTINUED ON ATTACHMENT: YES SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTa k---APPROVE OTHER SIGNATURE(S): 2"Z" ACTION OF BOAR N `` c )/ APPROVED AS RECOMMENDED VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) CC: Clerk of the Board(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE County Auditor-Controller(via UM) AND CORRECT COPY F IANACTION TAKEN Count (via UM) AND ENTERED ON E MINUTES OF THE BOARD LessoClerk-Recorder(via UM) OF SUPERVISOR N THE DATE SHORN. Orig: General Services Department-L/M ATTESTED HN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY LEASE. TABLE OF CONTENTS 524 Main Street Martinez, California County Elections Division SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES........................... .................................................................................. A.2. LEASE OF PREMISES ...................................................................................... 1 A.3. TERM.................................................................................................................. I A.4. R.17-YI. ................................................................................................................. 1 A.5. 17XTENSION ..................................................................................................... I A.6. USE 01:" PIZENJISES.......................................................................................... 2 A.7. UTILITIES AND JANITORIAL....................................................................... 2 A.8. MAINTENANCE AND REPAIRS ................................................................... 2 A.9. NOTICES........................ A.10. EXI-11BITS AND A"ITACIiMENTS................................................................. 3 Al 1. WRITTEN AGRLEIMLENT................................................................................. 4 A.12. "DIME' IS 01"ITIF (ESSENCE A.13. SIGNATURE BLOCK ...................................................................................... 4 SECTION B: STANDARD PROVISIONS B.1. MOLDING OVER.............................................................................................. 5 8.2. HOLD HARMLESS .......................................................................................... 5 13.3. ALTERA"1'IONS, FIXTURES, AND SIGNS.................................................... 5 13.4 DESTRUCTION ...............................................................................................: 6 13.5. _OUI1 "f.- I NJOYMEN"1'....................................... 13.6. DEFAULTS ....................................................................................................... 6 13.7. SURRENDER OF PREMISES.......................................................................... 8 13.8. SUCCESSORS AND ASSIGNS .............................................. 13.9. SEVIEIZAI3ILI"l.'Y ............................................................... B.10. WASTE, NUISANCE........................................................................................ 8 B.1 1. INSPDEC"I'ION .................................................................................................... 8 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENTOR SUBLEASE.................................................................... 10 C.2. SERVICE BY LESSOR................................................................................... 10 C.3. PROPERTY 'DAXES ....................................................................................... 10 C.4. ROOF REPAIRS.............................................................................................. I 1 C.5. TERMINATION OF PRESENT LEASE........................................................ I I EXHIBITS EXHIBIT A: PREMISES EXHIBIT B: ROOF WORK LEASE FOR CONTRA COSTA COUNTY ELECTIONS DIVISION 524. MAIN STREET MARTINEZ, CALIFORNIA SECTION A: BASIC TERMS AND► CONDITIONS A.1. PARTIES: Effective on .lune 19, 2001, ROBERT L. LA I LEUR, hereinafter called "LESSOR", and the COUNTY OF CONTRA COSTA, a political subdivision of the State ofCalilbrnia, hereinal:ter 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 consisting of approximately 13, 850 square teet of office and warehouse space, commonly known as 524 Main Street and 723 — 725 Alhambra Avenue, Martinez, California ("Premises"). A.3. TERM: The term of this Lease shall be three (3) years, commencing .lune 1, 2001 and ending May 31, 2004. A.4. RENT: COUNTY shall pay to LESSOR as rent for the use of the Premises" a monthly rental, payable in advance on the tenth day of each month during the term of this Lease, as follows: Period Monthly Rent JL111e 1, 2001 through May 31, 2002 $13,260.00 June 1, 2002 through May 31, 2003 $13,923.00 .lune 1, 2003 through May 3.1, 2004 $14,621.00 Payments shall be mailed to: Robert L. La Fleur, 777 Shell Avenue, Martinez, CA 94553. A.5. EXTENSION: This Lease m►ay, 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 one (1) year term, commencing June 1, 2004 and ending May 31, 2005, at a rental of FIFTEEN THOUSAND ONE HUNDRED SEVENTY FIVE AND NO/100 DOLLARS ($15,175.00) per month. - I - h. Second Option: i"or a one ( I) year term, commencing .lune I, 2005 and ending May 31. 2006, at a rental of' F I FTF F N THOUSAND SEVEN LIUNDRL?I) I IFTY MVI; AND NO/100 DOi,L ARS (415,755.00) her month. It is understood and agreed COUNTY shall give Li SSOR thirty (30) (.lays prior written notice of its intention to exercise any option to extend this Lease. i lowever, in the event COUNTY does not give such written notice. its right to exercise any option before termination of., the L,case shall not expire until fifteen ( 15) working (lays alter receipt of- LESSOR's written demand to exercise or forfeit said option. . A.G. USE OF PREMISES: The Premises shall be used during the term or extension thereof for purposes of' conducting various (unctions of COUNTY, its sublessees or contractors. A.7. UTILITIES AND JANITORIIAL: COUNTY sliall pay for all gas, electric, water, sewer, and refuse collection services provided to the Premises and shall provide and pay for its own janitorial service. A.8. MAINTENANCE AND REPAIRS: a. LESSOR shall keep the: roof and exterior of' the building (including, but not limited to, the floor drains and exterior plumbing) in good order, condition, and repair, e:eluding glass and glazing, exterior doors and their fixtures, closers, hinges, and locks. The parking area shall be maintained by COUNTY. LESSOR shall maintain the structural integrity ol'the building. b. COUNTY shall keep and maintain the interior electrical, lighting, water, and plumbing systems in good order, condition, and repair, but L,ISSOR shall repair damage to the interior caused by failure to maintain the exterior in good repair, including damage to the interior caused by root- leaks and/or interior and exterior wall leaks. COUNTY shall promptly notify LESSOR of any condition requiring maintenance or repair by LESSOR. C. COUNTY shall maintain and repair the heating, ventilating, and air- conditioning systems. d COUNTY shall maintain, repair and replace the fire extinguishers. - 2 - e. COUNTY shall not suffer any waste on or to 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 prepaid, certified or registered, return receipt requested, and addressed to the other party as Follows or as otherwise designated by kvritten notice hereunder from time to time: To l.l-SSOR: ' Robert L. La .Fleur 777 Shell Avenue 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 13, Standard Provisions, Section C, Special Provisions, Exhibit A - Premises and Exhibit 13 — Roof Work are attached to this Lease and are made a part hereol�. - 3 - A.11. WRITTEN AGREEMENT: Neither party has relied on ally promise or rcpresentation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further fierce or effect. This Lease may be modified only by it writing signed by both parties. The headings of the paragraphs and pages are filr collvelllence Dilly and arc not it part of this Lcasc, nor shall they be considered in construing the intent of this (_.case. A.12. TIME IS OF THE ESSENCE oleeach and all of the terms and provisions of this Lease. A.13. SIGNATURE 13LOCK COUNTY LESSOR COUNTY OF CONTRA COS'T'A, a Robert L. I political Subdivision of the date of' California I3y I3y 41-1-m Director of General Services Rl_;COMMENDI I) i�OIZ AI'I'I OVAL,: 1331_ ��Wl O 1)4or of Capital Facilities and Debt Management w By Dcpartmcn Representative I3y - Gcfi� Lease Manager APPROVED AS TO I'ORM: SILVANO MARCIif: Sl, County Counsel 13y 1 1. Deputy - 4 - LEASE FOR CONTRA COSTA COUNTY ELECTIONS DIVISION 524 MAIN STREET MARTINEZ, CALIFORNIA SECTION I3: STANDARD PROVISIONS B.I. MOLDING OVER: Any holding aver after the term or extension of' this Lease as provided hereinabove shall hC collStl- led to he �l tCnanC3, Ii'onl month to month, subject to the terms of this I.,ease so Itu' as applicable. 13.2. HOLD HARMLESS: COUN'T'Y agrees to defend, indemnify and hold harmless the LIl',SSOR from the C01 INTY'S share ()(' .illy and all claims, costs and liability 161- 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 I'IiILIrC of cduipnlCnt of building owned and maintained by the LF.SSOR or for other liability which is attributabile. in whole or in part, to (he negligence, willful misconduct, or other intentional act, error (.)r omission ol. LI'SSOR, which results in damage to any person or property. I.,I:",SSOR agrees to delend, indenlnily and hold harmless the COUNTY from the LF`,SS0R'S share of-any and all claims, costs and liability for any damages, injury or death of any person or (he property of any person arising out of the negligent or intentional acts, C11'01's Or Omissions of the I.,I:?SS(:)R, its officers, agents or employees. 13.3. ALTERATIONS,FIXTURES, AND SIGNS: COUNTY may make any lawlul and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall remain COUN'T'Y property and may be removed therefrom by COUNTY prior to the lCrmination ol' this Lease. An_v such alterations, signs or fixtures shall be at COUNTY's sole cost and expense, and all signs shall meet with existing code requirements and I.ESSOR's approval. - 5 - BA DESTRUCTION: a. in the event of, damage causing a partial destruction of the Premises during the terns of'this Lease or extension thereof From any cause, and repairs can be made within sixty (.60) days From the. (late of'the damage under the applicable laws and regulations of governmental authorities, L,L,SSOR shall repair the damage promptly and within a reasonable time, but such partial destruction shall not void this Lease, except that COUN'T'Y 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 useable by COUNTY. b. It' such repairs cannot be made in sixty (60) clays, LESSOR may, at his option, stake the same within a reasonable time, the rent to be proportionately reduced as provided in the previous subparagraph. In the event LFISSOR does not so elect to make such repairs (which cannot be made in sixty <60> (lays), c►r such repairs cannot be made under such laws and regulations, this Lease may be terminated at the option of either party. C. A total destruction of the Premises or the building in which the Premises are located shall terminate this i_,ease. 13.5. QUIET ENJOYMENT: I.I?SSOR covenants that COUNTY shall at all tinier during the term or extension thereof peaceably, and quietly have, hold, and enjoy the Premises without suit, trouble or hindrance from or on account of' LE'SSOR as long as COl1NTY fully performs hereunder. 13.6. 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 len (10) business days after written notice of failure from L1;SSOR to COUNTY. If, however, payment is not made within ten (10) business clays of said written notice due to circumstances beyond the reasonable control of COUNTY, which - 6 - circumstances i»ay. without limitation hereby, include failure of'COUNIY to adopt a budggct, then COUNTY shall make such payment within such additional time (hut not to exceed a total of seventy five 1.751 days from Li".SSOR'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) clays afler written notice of, failure froth LF, ISSOR to COUNTY specifying in reasonably sufficient detail the nature ol'said breach. If� the required cure of the noticed delault cannot be completed within thirty (30) days, COUNIY's failure to perform shall constitute a de('ault under the Lease unless COUNTY has attempted to cure the "aelault 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 L?vent of Default. by COUNTY, LESSOR may re-enter and repossess the Premises and remove all persons and property therefrom afler giving COUNTY written notice ol'such default and in accordance with clue process of la w. h. Invent ol'Delault by 1.1'.SSOR L;LSSOR's failure to perform any of its obligations under this Lease shall constitute a default by I_J SSOR if the failure continues for thirty (30) days after written notice of the failure from COUNTY to l_,I:;,SSOR. If the required cure of the noticed default cannot be completed -xvithin thirty (30) days, LESSOR's Failure to per(orn 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. - 7 - On the occurrence ol'an [`.vent of'Default by LESSOR. COUN'T'Y may terminale this L,case and-quit the PI-enliseS without further cost or obligation or may proceed to repair or correct the failure and either deduct the cost thereof front rental payments due to L SSOR, or at COUNTY's option, invoice I_ F-ISSOR for the cost of repair, which invoice 1,17SSOR shall pay promptly upon receipt. 13.7. SURRENDER OF REMiSES: On the last clay of the term, or sooner termination of fhis Lease, COUNTY xN ill peaceably and quietly leave and surrender to LL.;SSOR these Premises with their appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good order, condition, and repair, excepting (or reasonable use and wear thereof and damage by earthquake, lire, 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. 13.8. 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. 8.9. SEVERABILTTV: 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. WASTE, NUISANCE: C( l1N'I-Y 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 occupant of the vicinity in which the leased Premises are located. COUNTY shall confirm its use and occupancy of the Premises to the standards and modes ofuse applicable to it first-class office building. 13.11. INSPECTION: The 1.,1-:SSOR 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 - 8 - are clone in the manner best calculated for the. preservation of the property, and in full compliance NvIth the terms and conditions ol'this Lease. - 9 - LEASE FOR CONTRA COSTA COUNTY ELECTIONS DIVISION 5241 MAIN STREET MARTINEZ, CALIFORNIA SECTION C: Si3ECIAL PROVISIONS C.I. ASSIGNMENT OR SUBLEASE: COUNTY shall have the right to sublease portions of the Premises from time to time, , subject to the terms of this Lease, without consent of LE.SSOR, but COUNTY shall not assign this lease or any part thereof without the prior written permission of LESSOR, which shall not be unreasonably withheld. C.2. SERVICE BY LESSOR: it is understood and agreed LESSOR shall provide certain maintenance, construction, remodeling or like services as requested in writing 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. LiSSOR shall consult with COUNTY and select either licensed, insured contractors or employees of LESSOR to provide the service. LESSOR shall obtain COUNTY's prior written approval on the scope, tern., 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. .PROPERTY TAXES: Effective .July 1, 2001, during the term of this Lease or extension thereof. COUNTY shall pay to LESSOR within thirty (30) days after being requested to do so by .LESSOR, as additional rental, a sum equal to one hundred percent (100%) of- the City and/or County taxes levied against Assessor's Parcel 373-226-010, based on an assessed value of $600,000, plus 100% of the levies and bonds, i f any. Tax bills submitted for prior fiscal years shall not be due until the following fiscal year, or upon termination, at COUNTY's option. It is understood that during the last year of occupancy, - 10 - the taxes shall be prorated between LESSOR and COUNTY according to the number of full months the COUNTY shall have possession of the Premises. CA. ROOF REPAIRS: As part of the consideration for this Lease, within 120 days of commencement of the Lease, LESSOR agrees to provide, at LESSOR's expense, repairs to the roof as shown on EXHIBIT B, Roof Work, which is attached hereto and made a part hereof. C.5. TERMINATION OF PRESENT LEASE: It is understood and agreed that COUNTY now leases the Premises under the terms of a Lease dated June 9, 1987 as amended on July 9, 1996. Upon commencement of this Lease, that Lease shall terminate. - 11 - IBIT .No97N M4. IN ST 524 O i I O0 0 0 II 1L1 4 3 2 i N 5 cd (D7 Q � r .Q � O dl Sol WAR Q) Lot 2, the northerly 50 feet of Lots 5 and 6, the easterly 25 feet of Lot 6, and the westerly 25 feet of Lot 7 , in Block 21 , as shown on the map of the Original Survey of the City of Martinez, filed March 30, 1895 in Book D of Maps, at page 83, in the office of the County Recorder of Contra Costa County. RACES FoK CAP-712u,#?KE RETROF/T , CIO(o AROU^JP PER(mFTER OF BLDq. ) . ,Achf Z,� WCE IS MOviV r,5P o91e,FC TL Y 7e, 7-,gff RooF , U.)HERiE THE B'R ,,110E IS 601-7-eO TO 72VA6 ROo'r Ir Sh'outo 43E 59WAE" wl-rw j�L.9sTrc �Poof Cfr�Er7T �N D F/BE�CC SSS 4��t31S/�� , �• J`/YJ�9nr 0�9 YS -� /YIr97E��•9�5 (000 L,N. Fr. OF PERrrh�'TfR (ANG[,E l�eo�1 Foie EA�7'�Qv'S'K� RETi¢oFi-r . ,51E4L TW/s' W/TW 4 STiE'1!' OF ,BRAT 3 0'1v1J -SAYS 4- MA7-,=Ri,4LS (,)AIL $L�Tc�F "N 8WILOIA-14-s' AJEEU.S TO 8E 5E�9L4' J COARSE Wlrc-� PL isTic RGUF cF-me11T 4AlID RYFRCLAj s WEAV;J C M isC- . I-rC-ff (..90KK GAN 449b AlZollaJO VAE1a[(S ROOF F)E4)E7'24Ti'Ajs (-DUCTS, \1Ea17-s� C. UAjiTS lcrc 1�14 AJ � X Work- 1�r Q Cf- c� �