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HomeMy WebLinkAboutMINUTES - 06262001 - C.120 (' mo TO BOARD OF SUPERV AS FROM Barton J. Gilbert, Director of General Services Contra Costa DATE: June 26, 2001 County SUBJECT: LEASE FOR THE COMMUNITY SERVICES 5050 HARTNETT AVENUE, RICHMOND SPECIFIC REQUtiS IS Olt HL COMMENDATIONS)&BACKGROUND AND JUSTIFICATION L RECOMMENDATION APPROVE a Lease, commencing July 1, 2001, with City of Richmond for the premises at 5050 Hartnett Avenue, Richmond, for continued occupancy by the Community Services, 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. il. FINANCIAL IMPACT Payments required are to come from the budget of the Community Services Department. III. REASONS FOR RECOMMENDATION / BACKGROUND Provide for continued use of classrooms, office space and child care programs, as requested by the Community Services Department. L � ' Ge4T*46W.Q-LADIATTACHMENT:= YES SIG NATURE, /t :flf fC, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT -'%'APPROVE OTHER SIGNATURE(S). ACTION OF BO D N i�Ci^fad_ � Q f y ___ a APPROVED AS RECOMMENDED„fid, OTHER. .__.. VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES; ABSENTS ABSTAIN: MEDIA CONTACT: BARTON J. GILBERT(313-7100) CC: County Administrator(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN TAKEN County Audllor-Controller(via UM) AND ENTERED ON THE MINUTES1ON OF THE BOARD Lessor(via UM) OF SUPERVISORS ON THE DATE.SHOWN. Health Servicee(via L/M) County Counsel(via UM) ATTESTED.- Risk Management(via L/M) JOHN SWEETEN,CLERI OF THE BOARD OF Orig; General Services Department•L/M SUPERVISORS AND OUNTY ADMINISTRATOR DLS BY 2c� .-lG.:� DEPUTY (;\I.cascMgt\I)avc\Cummuntly Strvices\505UH3rtnctt\Board-mcmU.doc CONTRA COSTA COUNTY GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 Extension 3-7250 Fax 3-7299 9 DATE: August 1, 2001 :^;;D TO: Distribution List AUG 0 2 2001 RP FROM: David L. Silva, Leasing Agent CLERK��IVTRA COSTA ER�ISORS SUBJECT: Final Executed Leases Crescent Park Day Care, 5050 Hartnett Avenue, Richmond, CA Attached for your files is a final executed lease document for 5050 Hartnett Avenue in Richmond. Also attached is a copy of the Board of Supervisors approval of this lease on June 26, 2001. Attachment Distribution List: Al Prince, Community Services Department Clerk of the Board Carol Ramirez, Auditor-Controller LEASE AGREEMENT BETWEEN THE CITY OF RICHMOND AND THE COUNTY OF CONTRA COSTA (CRESCENT PARK CHILD CARE CENTER) THIS LEASE is made and entered into as of July 1, 2001 by and between THE CITY OF RICHMOND, a municipal corporation (hereinafter the "Landlord" ) , and THE COUNTY OF CONTRA COSTA, a political subdivision of the Stat of California (hereinafter the "Tenant" ) . The Parties mutually agree as follows : 1 . Leased Premises . Subject to th terms and conditions contained in this Lease, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, located in the City of Richmond, commonly known as Crescent Park Center, 5050 Hartnett Avenue, Richmond, CA, and more particularly described in Exhibit 1 attached hereto and incorporated herein by this reference (hereinafter the "Premises" ) . 2 . Term of Lease . The term of the lease granted hereunder shall commence on July 1 , 2001, and shall terminate on June 30 , 2006 . This agreement may be terminated at any time by either party by giving written notice (60) days in advance of such termination. 3 . Rental Payments . Landlord and Tenant agree that the rent for the Premises for the term of this Lease shall be $1 . 00 per year, which rent Tenant shall pay to Landlord on or before July is' of .each year during the term of this Lease. 4 . Acceptance of Premises . Tenant' s taking or continuing in possession of the Premises on the commencement of the term of this Lease shall constitute Tenant' s acknowledgment that the said Premises are in good condition and that Tenant accepts said premises "as is" . 5 . Use of the Premises . The Premises shall be used for the sole purpose of the operation of a child care center which can accommodate up to 89 children. Tenant agrees that it will not use, and that it will use due diligence to require all persons entering upon the Premises not to use said Premises in whole or 1 in part during the term of this Lease for any purpose other than as set forth hereinabove . 6 . Taxes . Tenant shall pay all taxes which may be levied, imposed or assessed upon or against the Premises or any possessory interest right which Tenant may have in or to the said premises by reason of its use or occupancy thereof, and upon or against the structures, personal property and improvements located thereon. Tenant recognizes and understands that this taxation and that Tenant may be subject to the payment of property taxes levied on such interest . Tenant agrees to pay all taxes, assessments, and charges on goods, merchandise, appliances, equipment and property owned by it in or about said premises . Tenant shall have the right in good faith to contest any such tax. 7 . Children' s Proarams and Regulatory Compliance . The parties agree that to the extent the Premises are used for the purpose of operating a child care program or an educational program for children or for uses normally incident thereto, said premises shall be used for these purposes solely by the Tenant in accordance with the regulatory requirements of any governmental regulatory agencies with jurisdiction over child care programs or educational programs for children in the State of California and County of Contra Costa and Tenant shall be solely responsible for compliance with any and all such regulatory requirements . Tenant acknowledges that Landlord has made no representations to Tenant as to the suitability of such premises for such programs and Tenant agrees that Landlord shall have no responsibility for the operation of such programs , compliance with regulatory provisions governing such programs or the provision of any improvements to the premises required by any governmental regulatory agency in conjunction with the operation of such programs . B . Lawful Conduct . Tenant agrees that it will obey and observe and that it will use due diligence to require all persons entering upon the Premises to obey and observe all terms of this Lease, and laws of the Untied Stated and all orders, regulations and rules and requirements adopted from time to time by any department agency of the government of the United States, the State of California or municipal authorities relating to the use of the Premises and applicable thereto, including but not limited to, laws, orders, rules, regulations, ordinances and requirements with respect to health, fire, police environment and pollution. Tenant shall be responsible for paying any fines or charges which may be levied by said agencies or departments for violations of requirements arising out of the operations of Tenant or its agents, employees or invitees . 2 9 . Maintenance, Alterations ..and Surrender of Premises . (a) Tenant shall, throughout the term of this lease and so long as it shall remain in possession of any Premises leased or rented by Tenant hereunder, maintain the interior and exterior of the Premises in good, safe and sanitary condition and make all repairs and replacements that may become necessary to the Premises, the interior and exterior and structure of any buildings or improvements on the Premises or any landscaping that are part of or appurtenant to the Premises, all at Tenant' s sole cost and expense . Any and all repairs and replacements required by this section, both ordinary and extraordinary and both structural and nonstructural, shall be made promptly by Tenant as required and shall be of first-class quality and workmanship and shall comply with all applicable laws, regulations, and ordinances of any governmental authority with jurisdiction. Tenant shall return the Premises to Landlord in as good condition as when delivered, less ordinary wear and tear. (b) Tenant shall not commit, suffer or permit any nuisance in or about the Premises leased by Tenant hereunder. (c) Except as set forth in paragraph 9 (g) below, under no circumstances shall Landlord have any responsibility for or be required to make any expenditure for any performance of maintenance or repairs on the Premises; provided, however, that Landlord shall repair any damage to the Premises caused solely by the negligent acts of Landlord' s employees . (d) Tenant shall provide regular janitorial and cleaning services throughout the term of this Lease for the Premises, at Tenant' s sole cost and expense. Landlord shall have no responsibility during the term of this lease for the performance of janitorial or cleaning services on the Premises . (e) Other than in the performance of its obligations under Paragraph 9 (a) above, Tenant shall not make any alterations to the Premises without the written consent of Landlord. Any alterations made shall remain on and be surrendered with the Premises on expiration or termination of the term of this Lease, except that Landlord may elect within thirty (30) days before expiration of the Lease, or within thirty (30) days after termination of the term, to require Tenant to remove any alterations which Tenant has made to the premises . If Landlord so elects, Tenant at its cost shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within sixty (60) days after notice of election is given, whichever is later. 3 (f) If Tenant makes any alterations to the Premises as provided in this paragraph, the alterations shall not be commenced until ten (10) days after notice has been mailed to Landlord by Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. 10 . No Liability for Goods . The Landlord shall have no liability for any loss or damage to the goods, property and equipment of Tenant or third persons located upon or used in connection with the Premises irrespective of the source of such loss or damage. Tenant shall provide at its own expense such security guards or alarm system as it may deem necessary for the security and protection of goods and Tenant' s operations . Tenant shall cause all goods, materials and equipment to he stored in such a manner that any fire equipment and controls on the Premises are readily accessible at all times . In the event of any danger or damage to Landlord' s property caused by fire, earthquake, or like hazard, Landlord shall be immediately notified by Tenant . 11 . Utilities . Tenant hereby covenants and agrees to pay all heat, gas, trash collection, telephone service, _ electricity and any other utilities which may be furnished to or used in or upon the Premises during the term of this Lease. Tenant agrees to pay to Landlord its pro-rated share of water and sewer service during the term of this Lease, which payment shall be in the initial amount of $122 . 00 per month, due and payable on the first day of each month hereunder. Tenant further agrees that the amount of Tenant' s pro-rated share of water and sewer service shall be adjusted by Landlord annually, beginning on the 1St day of the fourth year of the term of this Lease, to reflect any increase in such share based on Landlord' s experience with water use in similar-sized day care facilities. 12 . Indemnification. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the Premises or any part of the Premises by or from any cause whatsoever, except injury or damage to Tenant resulting solely from the acts or omissions of Landlord or Landlord' s authorized agents . Tenant shall hold Landlord, and its agents, officers and 4 employees, harmless from and defend Landlord, and its agents, officers, and employees, against any and all liability, claims suits, actions, damages, penalties and/or causes of action arising out of any personal injury, bodily injury, loss of life or damage to property, violation of any federal, state or municipal law or ordinance or other cause resulting from or in connection with the operations of Tenant, its employees and agents on the Premises and from and against all costs, counsel fees, expenses incurred in obtaining expert testimony and the attendance of witnesses, expenses and liability incurred in and about any such claim, the investigation thereof or the defense of any action or proceedings brought thereon and from and against any orders, judgements, or decrees which may be entered therein; provided, however, that Tenant shall not be required to indemnify nor save Landlord harmless from any such claims, suits, actions, damages, penalties and/or causes of action caused solely by the negligent or intentionally tortious acts of Landlord. Under this provision, Landlord shall have the right to retain separate defense counsel at the sole cost and expense of Tenant, upon Landlord' s reasonable determination that such separate counsel is necessary to provide Landlord with an adequate defense to any such claim, suit or action. Approval by Landlord of insurance coverage hereunder does not relieve Tenant of liability under this Indemnification Clause. 13 , Insurance . (a) Worker' s Compensation. Unless it is self-insured in accordance with law, Tenant, at its own cost, shall carry and maintain statutory Workers' Compensation Insurance for death or injury to employees to the extent required by law, with limits not less than ONE MILLION DOLLARS ($1, 000 , 000 . 00) with an insurance carrier satisfactory to Landlord at all times during the term of this Lease or any extension thereof . The insurance policy shall provide that no cancellation, material change in coverage or expiration shall become effective or occur until at least ten (10) days after receipt of notice by Landlord. In the event Tenant is self-insured, it shall furnish to Landlord a Certificate of Permission to Self-Insure signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento, California . (b) Liability and Property Damage . Tenant hereby represents to Landlord and Landlord acknowledges that Tenant is self-insured against claims arising from bodily and personal injury, including death resulting therefrom, and, to the extent of $50, 000 , against property damage claims . 5 Tenant agrees that : (i) Tenant at its own cost shall maintain excess property damage insurance for the period of this Lease or any extension thereof in the amount of ONE MILLION DOLLARS ($1 , 000 , 000 . 00) per occurrence coverage . Such coverages shall include, but shall not be limited to, protection against claims arising from damage to property resulting from operations contemplated under this Lease . Such insurance shall be with insurers satisfactory to Landlord and shall provide that notice must be given to Landlord at lease thirty (30) days prior to cancellation or material change in coverage . Landlord shall be named as additional insured on the policy and the policy shall stipulate that no other insurance effected by Landlord will be called upon to contribute to a loss suffered by Tenant hereunder. (ii) Landlord' s consent to Tenant' s self-insurance against claims arising from bodily or personal injury, including death resulting therefrom, or property damage resulting from or arising in connection with the operations contemplated by this Lease shall not relieve Tenant of Tenant' s obligation to indemnify and defend Landlord hereunder and Landlord hereby is co-insured under Tenant' s self-insurance program with respect to any claims arising from bodily or personal injury, including death resulting therefrom, and from property damage resulting from or arising in connection with Tenant' s operations as contemplated by this Lease . (c) Verification Form. Insurance Coverage Verification form, attached as Exhibit C and incorporated herein by this reference, shall be completed, signed by Tenant' s insurance representative and returned to the Landlord for Landlord' s approval prior to the effective date of this Lease . To the extent that Tenant is self-insured hereunder, the Insurance Coverage Verification form may be completed by Tenant and attached at Exhibit C, together with a letter from Tenant in a form approved by the Landlord providing representation as to the self-insurance provided and compliance with other terms and conditions set forth above . (d) Any failure by Tenant to maintain the insurance required hereunder or Landlord' s determination that Tenant is insolvent will be sufficient cause for Landlord to immediately terminate this Lease . 14 . Destruction of Premises . (a) Due to Risk Covered by Insurance Or Arising from Tenant ' s Operation. Any loss, damage to or destruction of the Premises (i) covered by the excess property damage insurance 6 provided for in this Lease or (ii) arising from or in connection with Tenant' s operations on the Premises and against which Tenant is obligated to hold Landlord harmless or insure Landlord under Tenant ' s self-insurance program in accordance with this Lease, whether or not caused by the default or neglect of Tenant , its employees, agents or contractors, during the term of Lease or any extension thereof , shall have no effect upon the term of this Lease, the rentals payable hereunder or any. of Tenant' s obligations hereunder except as set forth at paragraph 14 (d) below, but that portion of the Premises so destroyed shall be promptly repaired or rebuilt by Landlord or, at Tenant' s option, by Tenant to substantially the same condition as it was in immediately before destruction, Tenant making available to Landlord for such repairs and rebuilding any funds collected or available from insurance carried or to be provided by Tenant under Tenant' s self-insurance program with respect to such loss, damage or destruction. Such repairs and rebuilding shall be at the sole cost and expense of Tenant and Tenant shall pay for the full cost of such repairs and rebuilding, regardless of whether any insurance proceeds paid for the damage or destruction are sufficient to cover the entire cost of repair or restoration. If the existing laws do not permit the restoration, either party can terminate this Lease in accordance with paragraph 14 (g) . If the cost of restoration exceeds five (5) percent of the then replacement value of the Premises or if repairs cannot be completed within sixty (60) days, Tenant can elect to terminate this Lease by giving notice to Landlord in accordance with paragraph 14 (g) . (b) Due to Risk Covered by Insurance/Not Caused by Tenant' s Operations . If the Premises shall, during the term of this Lease or any extension or renewal thereof, be damaged in whole or in part by any cause of whatsoever nature not in any way resulting from or arising in connection with the operations of Tenant as contemplated under this Lease and from a risk not covered by the insurance provided for in this Lease (including the insurance provided to Landlord by Tenant under Tenant' s self- insurance program) , the same shall be promptly repaired, rebuilt or replaced by Landlord at its sole expense, at least to the extent of the value, and as nearly as possible to the character of the Premises existing immediately prior to such occurrences . If the existing laws do not permit the restoration, either party can terminate this Lease in accordance with paragraph 14 (g) . 7 If the cost of restoration exceeds five (5) percent of the then replacement value of the Premises, or if the restoration cannot be completed within sixty (60) days of the date of occurrence of such damage, Landlord can elect to terminate this Lease by giving notice to Tenant in accordance with paragraph 14 (g) . (d) Waiver of Civil Code Sections/Abatement of Rent . Tenant waives the provisions of Civil Code § . 1932 (2) and Civil Code § . 1933 (4) with respect to any destruction of the premises . However, the parties agree that, in the event of damage causing a partial destruction of the Premises during the term of this Lease from any cause, the Tenant shall be entitled to a proportionate reduction of rent while repairs of such damage are being made in accordance with this Lease, such proportionate reduction to be based upon the ratio of any unusable portion of the Premises to the total area of the Premises . (e) New Lease Area and Relocation Benefits . If this Lease is terminated for any reason set forth in this section 14 or any other section of this Lease, Landlord shall have no obligation to provide Tenant a new lease area or relocation benefits . (f) Total Destruction. Landlord or Tenant may, in the sole discretion of either, terminate this Lease in accordance with paragraph 14 (g) upon the total destruction of the Premises from any cause. (g) Method and Effect of Termination. Termination of this Lease under this Section 14 shall be effected by giving written notice of termination to the other party not later than thirty (30) days after the event causing the damage or destruction to the Premises . The termination shall be effective on the date specified in such written notice; provided, however, that, if Tenant terminates this Lease under this Section 14 , then all insurance proceeds payable because of the damage or destruction shall be paid to and be the property of Landlord. In addition, Tenant agrees that no termination hereunder shall relieve Tenant of any obligation of Tenant under this Lease or any extension thereof to insure Landlord under Tenant ' s self-insurance program, to indemnify and defend Landlord or to pay for property damage or personal injuries resulting from or arising in connection with Tenant' s operations as contemplated by this Lease and that Tenant' s covenants to so insure, indemnity, defend and make payment to Landlord shall survive any such termination. 8 15 . Sublease and Assignment . (p) Prohibition Against Voluntary Assianment , Subletting and Encumbing. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises leased or rented by Tenant hereunder, or sublease all or any part of said premises, or allow any other person or entity (except Tenant' s authorized) representatives) to occupy or use all or any part of said Premises . If Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the sale or other transfer of a controlling percentage of the capital stock of Tenant or the sale of fifty-one (51) percent of the valve of the assets of Tenant, shall be deemed a voluntary assignment . . (q) Involuntary Assignment . No interest of Tenant in this Lease shall be assignable by operation of law (including, without limitation, the transfer of this Lease by testacy or intestacy) . Each of the following acts shall be considered an involuntary assignment : (1) If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefits of creditors; (2) If a writ attachment or execution is levied on this Lease; (3) If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the premises . An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant . If a writ of attachment or execution is levied on this Lease, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, or if a receiver us appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed. 9 16 . Events of Default . If Tenant defaults in the performance of any of the covenants, conditions or agreements contained in this Lease, then Tenant shall be deemed to have breached the Lease and Landlord may re-enter and regain possession of the Premises in the manner prescribed by California law. 17 . Right of Entry As Agent . In any cause in which provision is made herein for the termination of this Lease by the Landlord or in the case of abandonment or vacation of the Premises by Tenant, the Landlord in lieu of declaring a forfeiture may enter upon the Premises . To such end, Tenant hereby irrevocably appoints the Landlord its agent to remove any and all persons or property on said Premises and place any such property in storage for the account of and at expense of Tenant . Tenant further agrees to hold the Landlord harmless from any loss or damage or claim arising out of the action of the Landlord pursuant to this paragraph. 18 . Signs . No sign or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Premises or on any building or structure located thereon without the prior written consent of the Landlord, which consent will not be withheld unreasonably. Tenant agrees to remove promptly and to the satisfaction of the Landlord, at the cost and expense of Tenant , upon the expiration of the term or the earlier termination of this Lease, any and all signs and placards placed by it upon the Premises . 19 . Inspections of Premises . The Landlord or its duly authorized representative, or agents or other persons for it, may enter upon the Premises at any and all reasonable times during the term of this Lese for the purpose of determining whether or not Tenant is complying with the terms and conditions hereof or for any other purpose incidental to rights of the Landlord. Except in an emergency or upon abandonment or vacation of the Premises by Tenant, Landlord agrees to give Tenant forty-eight (48) hours written notice prior to such entry. 20 . Waiver. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall 10 constitute an acceptance of the surrender of the Premises, shall Tenant before the expiration of the term. Only a notice from Landlord to Tenant shall constitute acceptance of the surrender of the Premises and accomplish a termination of the Lease . Landlord' s consent to or approval of any act by Tenant requiring Landlord' s consent or approval shall not be deemed to waive to render unnecessary Landlord' s consent to or approval of any subsequent act by Tenant . Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease . 21 . Attorneys' Fees . If either party commences a lawsuit against the other to enforce any provision of this Lease, the prevailing party shall be entitled to such attorney' s fees and costs of suit as the court may deem reasonable. 22 . Nondiscrimination. Tenant hereby covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Lease is made and accepted upon and subject to the following conditions : that there shall be no discrimination against any person or group of persons on account of race, color, sex, sexual orientation, creed, national origin or ancestry, in the leasing, contracting, subcontracting, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased and assigned; nor shall tenant itself, nor any person claiming under or through Tenant, establish or permit any such practice or practices of discrimination with reference to the selection, location, number, use or occupancy of tenants, users or vendors in the Premises herein leased. 23 . Terms Binding on Successors . All the terms, covenants and conditions of this Lease shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. The provisions of this paragraph shall not be deemed as a waiver hereinabove set forth. 24 . Time of Essence . Time is expressly declared to be of the essence of this Lease . 25 . Termination of Prior Lease . The parties hereby agrees that the RUSD Lease and any and all other prior existing lease or rental agreements, if any, between the Tenant and the Landlord covering the Premises or any portion of them shall terminate and expire as of the effective date of this Lease . 26 . Notices . Any notice, demand, request, consent approval or communication that either party desire or is required to give to the party or any other person shall be in writing and either 11 served personally or sent by prepaid, first class mail . Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be addressed as follows : If to Landlord: City Manager City of Richmond P.O. Box 4046 2600 Barrett Avenue Richmond, CA 94840 with a copy to : City Attorney at the same address . If to Tenant : Lease Manager General Services Department County of Contra Costa 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 Either party may change its address by notifying the other party in writing of the change of address . Notice shall be deemed communicated within three (3) days from the time of mailing if mailed as provided in this paragraph. 27 . This instrument, including any exhibits thereto, constitutes the sole and only agreement between Landlord and Tenant respecting the Premises or the leasing of the Premises to Tenant . Any agreement or representations respecting the Premises or their leasing by the Landlord to Tenant not expressly set forth in this instrument are null and void. 28 . Holdover. If the Tenant shall , with the consent of the Landlord, hold over after the expiration or sooner termination of the term of this Lease, the resulting tenancy shall, unless otherwise mutually agreed, be a periodic tenancy for an indefinite period of time on a month-to-month basis . For each month during such month-to-month tenancy, the Tenant shall pay to the Landlord the rate of rental as set forth herein for the immediately preceding month and shall be bound by all of the additional provisions of this Lease insofar as they may be pertinent . IN WITNESS WHEREOF, this lease has been executed by the parties in Richmond, California, as of the date first above 12 given. LANDLORD TENANT CITY OF RICHMOND, a THE COUNTY OF CONTRA municipal corporation COSTA, a political Subdivision of the State of California BY I '�_ l BY Barton J. Gilbert 1 Director of General Services Title Appr ved as to form• RECO NDED FO P R V y City Attorney D uty C&diey Administrator 1-7 �l. Attest : �- Director of Community Services By City Clerk Deputy Director of General Services BY ar6p C1/44, Lease Manager APPROVED AS TO FORM: SILVANO B. MARCHESI, County Counsel J� Deputy \qj c:\data\wofiles\cresdentlease - clark(5/31/01) 13 Ynp V JI, S1.y..wy f E 1 { .Z i l• w I.r..+ r)• Exhibit 1 c . 0 ". T67_ BOARD OF SUPERVISORS FROM: Barton J. Gilbert, Director of General Services = Contra -�y Costa DATE: June 26, 2001 -- County SUBJECT: LEASE FOR THE COMMUNITY SERVICES 5050 HARTNETT AVENUE, RICHMOND SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION APPROVE a Lease, commencing July 1, 2001, with City of Richmond for the premises at 5050 Hartnett Avenue, Richmond, for continued occupancy by the Community Services, 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 Community Services Department. III. REASONS FOR RECOMMENDATION / BACKGROUND Provide for continued use of classrooms, office space and child care programs, as requested by the Community Services Department. 944 ATTACHMENT: -� YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMI ✓'-APPROVE OTHER SIGNATURE(S): , ACTION OF 80 D N �'�!//1//' ��i } �G�1/ APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AZIell AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(313-7100) I HEREBY CERTIFY THAT THIS IS A TRUE CC: County Administrator(via UM) AND CORRECT COPY OF AN ACTION TAKEN County Auditor-Controller(via UM) AND ENTERED ON THE MINUTES OF THE BOARD Lessor(via UM) OF SUPERVISORS ON THE DATE SHOWN. Health Services(via UM) County Counsel(via UM) ATTESTED Risk Management(via UM) OHN SWEETEN,CLERICOF THE BOARD OF Orig: General Services Department-UM SUPERVISORS AND OUNTY ADMINISTRATOR DLS BY DEPUTY G:\I_caseMgt\Dave\Community Services\5050Hartnett\Board-memo.doc GENERAL SERVICES DEPARTMENT Lease Management Division 1220 Morello Avenue, Suite 100 Martinez, California Extension 3-7250 FAX 3-7299 DATE: June 12, 2001 TO: John Sweeten, County Administrator FROM: Barton J. Gilbert, Director of General Services By: Mickey Davis, Administrative Services f r SUBJECT: Anda: Lease Authorization, 5050 Hartnett Avenue, Richmond (T00803) (June 26, 2001) A lease has been negotiated as follows: OCCUPANT: Community Services Department-Head Start Program TERM: 4 years COMMENCING: July 1, 2001 RENTAL: $1.00 per year SQUARE FEET: 7,000 SPACE TYPE: classrooms, office space and child care COUNTY RESPONSIBILITY: interior maintenance PREVIOUS RENT: $1.00 per year ADDRESS: 5050 Hartnett Avenue, Richmond BUILD / WORK AUTH.: T00803 cc: C. Chan,GSD D. Silva,GSD GALcascMgt\Dave\Community Services\5050Hartnctt\Board-memo.doc