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.
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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.
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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�.
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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
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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.
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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
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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.
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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.
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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,
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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.
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IBIT
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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. ) .
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