HomeMy WebLinkAboutMINUTES - 03252003 - C55 TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF G'ENE'RAL S'ERVI'CES COSTA
DATE: MARCH 25, 2003 COUNTY
SUBJECT: LEASE RENEWAL FOR THE PREMISE'S AT 3029 MACDONALD
AVENUE, RICHMOND FOR THE HEALTH SERVICES
DEPARTMENT (T00281)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a Lease renewal, commencing June 1, 2003, with Derek and Irene Daniels for the
premises at 3029 Macdonald Avenue, Richmond, for continued occupancy by the Health
Services Department, under the terms and conditions more particularly set forth in the Lease.
2. AUTHORIZE the Director of General Services, or designee, to execute the Lease on behalf of
the County and to EXERCISE any options to extend the Lease.
FINANCIAL IMPACT
This three-year lease begins June 1, 2GO3 and ends May 31, 2006, with annual rent increases during
the term. There are 2 two-year options for renewal. The lease payments for the 2003-2004 fiscal
year totaling $27,670.00 have been included in the Health Services Department budget.
BACKGROUND
The Contra Costa County Health Services Department has leased this building since 1977. This
Lease renewal will provide for continued occupancy of the premises for the Sojourn counseling
program, as requested by the Health Services Department.
CONTINUED ON ATTACHMENT: YES SIGNATURE: to &&])�
�ECOMMIENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BO 1 N MRM Z5,2003 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT N= }
AYES: NOES:
ABSENTS; ABSTAIN;
DISTRICT III SWAT VACAT
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department
ac: General Services Department 1 HEREBY CERTIFY THAT THIS IS A TRUE
Lease Management Division AND CORRECT COPY OF AN ACTION TAKEN
Accounting AND ENTERED ON THE MINUTES OF THE BOARD
Auditor-Controller(Via L1M)
OF SUPERVISORS ON THE DATE SHOWN.
Risk Management(via L/M) ATTESTED__MWH 25. 2033
Health Services(via LIM) JOHN SWEETEN,CLERK OF THE BOARD OF suPERViSORS
Derek and Ergine Daniels(via UM) A,'D COUNTY ADMINISTRATOR
tf
BY , DEPUTY
\\GSD_FS1\VOLADM\GENSHARE\LesseMgt\CBEAR\_Lease Files\Richmond\3029 Macdonald\Bd Order 2003.doe CGB:cb Page 1 of 2
M382(10/88)
�
-
LEASE
TABLE OF CONTENTS
3029 Macdonald Avenue
Richmond,California
Health Services Department
SECTION A: BASIC TERMS AND CONDITIONS
A.1. PARTIES.....'.'—.-....,.............-....-.-.'-..............'..........'.............................. }
A.2. LEASE OF PREMISES ....~..~.............~..................................................... I
A.3. TERM^..~....`....'...,.......................,................................, I
A/4. RENT ......,.........,...........,....,.........,,._.,._._,.,,,,,,,,_,, }
A.5. EXTENSION.............^.....................^.................................^................... I
A.6' USE OF PREMISES...—..-....—..-......--.--...~-...—.------- 7
A.7. UTILITIES AND JANITORIAL SERVICE..................................................... 2
/LN. ~~^`~---.,.^^^,__,__^,,.^,___._,..2
A.9. ..^.~-.~..-....—..—_..—~...--.--.. 3
A.10. EXHIBITS AND ATTACHNIENTS,,,_._,..~,___._.,..____.,~,__.. 4
A.Il. _,.,_,,,_~___,,,.___,`,.,___...,..,__.. 5
A^}2. TIME IS OF THE E ,^.__~,,,,._._..,~._____.___,~^.,.._. 5
A.13. SIGNATURE BLOCK ................................~.....^.~................................ 5
SECTION B: STANDARD PROVISIONS
B.|. .---^.---..~_-.—..--..^.--..~.--.--...—.—.. 6
B.2^ HOLD HARMLESS ..............^......................................................................6
B-3. ..—~...----.---.—.---.-6
B4 ~`-.—.—~^..--.-..._.--.—.---..--..----..—. 7
B.5' QUIET ENJOYMENT--'^----'~'^'----~----''—'---.---..------.7 �
B'6' DEFAULTS '~'^'—`—''^~'—~~^^`^^^`'~^~~--~'~--'—'—'^--.....--.....-. 7
B.7. SURRENDER OF PRENUSES _,~___.~__,,~_._,.,.,_..__._.___....9
B.8, SUCCESSORS AND ASSIGNS ....—....—..^.^~—~....~---.--.—.^.— Q
� �
~-.~, _-...—...^.---...--.~.--..^.---~—.--~.—..—.— Q
B.10. WASTE, NUISANCE__,.,__,_,__,.,,,_._____,.__.__^.~__.__. 9
B^}1' INSPECTION ~^~`^'~~'~'^^~'^^~'--~~^^^'^^^^^~'~~'-^—......----.--.. 9
SECTION C: SPECIAL PROVISIONS
�
C.I. ASSIGNMENT OR SUBLEASE .—.----.—.—..---.^.---.-- j0
C'2' --'—~^--...'.—...--,....— l0
C'3' --`'~^--^^-------....—... 10
C/1. HAZARDOUS MATERIALS __...__,._.___.__~.___~.. /I
C.5.' ' ........................................................ I1
EXHIBITS
EXHIBIT A: PREMISES
'
--' --------- ----
---.....................................................................................................................................................................................................................
. ............................................................................................I.......
LEASE
FOR
CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
3029 MACDONALD AVENUE
RICHMOND, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
MAR 2 5 2003
A.I. PARTIES: Effective on DEREK AND IRENE DANIELS,
hereinafter called "LESSOR", and the COUNTY OF CONTRA COSTA, a political
subdivision of the State of California, hereinafter called "COUNTY", mutually agree and
promise as follows:
A.2. LEASE OF PREMISES: LESSOR, for and in consideration of the rents, hereby
leases to COUNTY, and COUNTY leases from LESSOR those certain premises described
as follows: a 50' x 100' lot improved with approximately 2,350 square feet of office space
and a separate garage as shown on Exhibit "A" which is attached hereto and made a part
hereof, commonly known and designated as 3029 Macdonald Avenue, Richmond,
California, and shown on Assessor's Map Book 516 as Parcel No. 516-172-012
("Premises"). This Lease does not include LESSOR'S vacant lot adjacent to the Premises,
shown as Assessor's Parcel No. 516-172-013.
A.3. TERM: The term of this Lease shall be three (3) years, commencing June 1, 2003
and ending May 31, 2006.
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
June 1, 2003 to May 31, 2004 $2,300.00
June 1, 2004 to May 31, 2005 $2,370.00
June 1, 2005 to May 31, 2006 $2,441.00
Payments shall be mailed to LESSOR at 5405 Hillside Avenue, El Cerrito, CA 94530-1450
or to any other location designated by LESSOR in writing from time to time.
A.5. EXTENSION: This Lease may, at the option of the COUNTY, be extended upon
the same terms and conditions, except the rental shall be adjusted as follows:
........................................''Ill.,..........
.........................................................................................................................................................................................I........
........... ............
a. First Option: For a two (2) year term, commencing June 1, 2006 and ending
May 31, 2008, at the following rate:
Period Monthly Ren
June 1, 2006 to May 31, 2007 $2,515.00
June 1, 2007 to May 31, 2008 $2,590.00
b. Second Option: For a two (2) year term, commencing June 1, 2008 and
ending May 31, 2010, at the following rate:
Period Monthly Rent
June 1, 2008 to May 31, 2009 $2,668.00
June 1, 2009 to May 31, 2010 $2,748.00
It is understood and agreed COUNTY shall give LESSOR thirty (30) days prior
written notice of its intention to exercise any option to extend this Lease. However, in the
event COUNTY does not give such written notice, its right to exercise any option before
termination of the Lease shall not expire until fifteen (15) working days after receipt of
LESSOR'S written demand to exercise or forfeit the option.
AA USE OF PREMISES: The Premises shall be used during the term or extension
thereof for purposes of conducting various functions of COUNTY.
A.7. UTILITIES' AND JANITORIAL SERVICE: COUNTY shall pay for all gas,
electric, water, sewer, and refuse collection services provided to the Premises and shall
provide and pay for janitorial service.
A.B. MAINTENANCE AND REPAIRS:
a. LESSOR shall keep the roof and exterior of the Premises, including land-
scaping, pavement, and exterior lighting system in good order, condition, and
repair and shall maintain the structural integrity of the Premises, including the
exterior doors and their fixtures, closers and hinges. COUNTY shall maintain
all locks and key systems used in the Premises.
b. COUNTY shall keep and maintain the interior of the Premises in good order,
condition, and repair, but LESSOR shall repair damage to the interior caused
by failure to maintain the exterior in good repair, including damage to the
interior caused by roof leaks and/or interior and exterior wall leaks, provided
COUNTY has notified LESSOR promptly of the leaks. COUNTY shall
- 2 -
.......................I................ ...........
........... ............... .................. .......................................................................................
... ........ ..
replace any glass windows broken during the term or any extension of this
Lease.
C. COUNTY shall repair and maintain the electrical, lighting, water, plumbing,
heating, ventilating and air conditioning systems in good order, condition, and
repair. LESSOR shall be responsible for major repair and/or replacement of
the systems unless required because of COUNTY'S failure to maintain the
systems as specified above. A major repair shall be defined as an expense
which exceeds $1,000.00 per occurrence. COUNTY shall replace electrical
lamps and ballasts in the lighting system.
d. COUNTY shall provide and install, maintain, repair and replace, at the
direction of the Fire Marshal, the necessary number of A-B-C fire
extinguishers for the Premises at no cost to LESSOR.
e. COUNTY shall not suffer any waste on or to the Premises.
f. LESSOR shall be responsible for the correction of any code violations which
may exist in the Premises, provided LESSOR shall not be liable for correction
of code violations which arise out of and are directly related to a change in
COUNTY'S occupancy or use of the Premises.
9. COUNTY shall maintain the alarm system.
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 written notice hereunder from time to time:
To LESSOR: Derek and Irene Daniels
5405 Hillside Avenue
El Cerrito, CA 94530-1450
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553-4711
- 3 -
............
A.M. EXHTBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, and Exhibit A -- Premises are attached to this Lease and are made a part
hereof.
(Remainder of page intentionally left blank.)
- 4 -
.........................................................................................................................................................................................
.......................................................
A.11. WRITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Lease. All previous conversations, negotiations, and
understandings are of no further force or effect. This Lease may be modified only by a
writing signed by both parties. The headings of the paragraphs and pages are for
convenience only and are not a part of this Lease, nor shall they be considered in construing
the intent of this Lease.
A.12. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Lease.
A.13. SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a DEREK AND IRENE DANIELS
political subdivision of the State of
California
Derek Daniels
Director of General Services
B
Irene Daniels
RECOMMENDED FOR APPROVAL:
By---
Director of Capital Facilities and
Debt Management
Bye ate.
Lease Manager
B 1A
Denq
APPROVED AS TO FORM:
SILVANO B. MARCHER, County
Counsel
By /-A
uty County Counsel
........................
.................
............................................................................
.............
LEASE
FOR
CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
3029 MACDONALD AVENUE
RICHMOND, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLDING : Any holding over after the term or extension of this Lease as
-
provided hereinabove shall be construed to be a tenancy from month to month, subject to
the terms of this Lease so far as applicable.
B.2. HOLD HAIRLESS: COUNTY agrees to defend, indemnify and hold harmless
the LESSOR from any and all claims, costs and liability for any damage, injury or death of
or to any person or the property of any person arising out of negligent or intentional acts,
errors or omissions of the COUNTY, its officers, agents or employees. COUNTY shall not
be liable in the case of any structural, mechanical or other failure of equipment and/or
building owned and maintained by the LESSOR or for other liability which is attributable,
in whole or in part, to the negligence, willful misconduct, or other intentional act, error or
omission of LESSOR, which results in damage to any person or property.
LESSOR agrees to defend, indemnify and hold harmless the COUNTY from any
and all claims, costs and liability for any damages, injury or death of any person or the
property of any person arising out of the negligent or intentional acts, errors or omissions of
the LESSOR, its officers, agents or employees.
8.3. ALH_RATIONS. MTURES, AND SIGNS: COUNTY may make any lawful
and proper minor alterations, attach fixtures and signs in or upon the Premises, which shall
remain COUNTY property and may be removed therefrom by COUNTY prior to the
termination of this Lease. Any such alterations, signs or fixtures shall be at COUNTY'S
sole cost and expense, and all signs shall meet with existing code requirements and
LESSOR'S approval.
- 6 -
.......................................................................................................................................................................................................................
B.4. DESTRUCTION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Lease or extension thereof from any cause, and repairs can be
made within sixty (60) days from the date of the damage under the applicable
laws and regulations of governmental authorities, LESSOR shall repair the
damage promptly and within a reasonable time, but such partial destruction
shall not void this Lease, except that COUNTY shall be entitled to a
proportionate reduction of rent while such repairs are being made, such
proportionate reduction to be based upon the extent to which the Premises are
useable by COUNTY.
b. If such repairs cannot be made in sixty (60) days, LESSOR may, at his
option, make the same within a reasonable time, the rent to be proportionately
reduced as provided in the previous subparagraph. In the event LESSOR
does not so elect to make such repairs (which cannot be made in sixty <60>
days), or such repairs cannot be made under such laws and regulations, this
Lease may be terminated at the option of either party.
C. A total destruction of the Premises shall terminate this Lease.
B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times
during the term or extension thereof peaceably and quietly have, hold, and enjoy the
Premises without suit, trouble or hindrance from or on account of LESSOR as long as
COUNTY fully performs hereunder.
B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of
Default under this Agreement:
a. Event of Default by COUNTY
1. COUNTY'S failure to pay any Rental within ten (10) business days
after written notice of failure from LESSOR to COUNTY. If, however,
payment is not made within ten (10) business days of the written notice due to
circumstances beyond the reasonable control of COUNTY, which
circumstances may, without limitation hereby, include failure of COUNTY to
- 7 -
...........................................
''I'll'-,..........................................................................................................................................................- ........
... ............
adopt a budget, then COUNTY shall make such payment within such
additional time [but not to exceed a total of seventy five (75) days from
LESSOR'S notice to COUNTY].
2. COUNTY'S failure to comply with any other material term or
provision of this Lease if such failure continues thirty (30) days after written
notice of failure from LESSOR to COUNTY specifying in reasonably
sufficient detail the nature of the breach. If the required cure of the noticed
default cannot be completed within thirty (30) days, COUNTY'S failure to
perform shall constitute a default under the Lease unless COUNTY has
attempted to cure the default within the thirty (30) day period and has
diligently and continuously attempted to complete the cure as soon as
reasonably possible.
On the occurrence of an Event of Default by COUNTY, LESSOR may re-enter and
repossess the Premises and remove all persons and property therefrom after giving
COUNTY written notice of such default and in accordance with due process of law.
b. Event of Default by LESSOR
LESSOR'S failure to perform any of its obligations under this Lease
shall constitute a default by LESSOR if the failure continues for thirty (30)
days after written notice of the failure from COUNTY to LESSOR. If the
required cure of the noticed default cannot be completed within thirty (30)
days, LESSORS failure to perform shall constitute a default under the Lease
unless LESSOR has attempted to cure the default within the thirty (30) day
period and has diligently and continuously attempted to complete the cure as
soon as reasonably possible. Notwithstanding the foregoing, in the event of a
situation creating a perilous condition on the Premises which substantially
and significantly threatens the health and safety of COUNTY and/or its
invitees, LESSOR shall use reasonable efforts to immediately address the
situation and shall use diligent efforts to correct the perilous condition.
.............
On the occurrence of an Event of Default by LESSOR., COUNTY may terminate this
Lease and quit the Promises without further cost or obligation or may proceed to repair or
correct the failure and either deduct the cost thereof from rental payments due to LESSOR,
or at COUNTY'S option, invoice LESSOR for the cost of repair, which invoice LESSOR
shall pay promptly upon receipt.
B,7. SURU DER OF PREMISES: On the last day of the term, or sooner termination
of this Lease, COUNTY will peaceably and quietly leave and surrender to LESSOR these
Premises with their appurtenances and fixtures (except signs and fixtures referred to
hereinabove) in good order, condition, and repair, excepting for reasonable use and wear
thereof and damage by earthquake, fire, public calamity, by the elements, by Act of God, or
by circumstances over which COUNTY has no control. COUNTY shall not be liable for
painting the interior of the Premises upon termination of this Lease.
B.S. 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.
B.9. SEVERABILITY: In the event that any provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of any such provision does not
materially prejudice either the COUNTY or LESSOR in its respective rights and
obligations contained in the valid provisions of this Lease.
B.10. WASTE, NUISANCE: COUNTY shall not commit, or suffer to be committed, any
waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet
enjoyment of any other occupant in the vicinity of the Premises.
B.11. INSPECTION: The LESSOR reserves the right to enter the Premises by prior
appointment only between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday,
holidays'excepted, and to employ the proper representative or contractor in order to see that
the property is being reasonably cared for, that no waste is being made, and that all things
are done in the manner best calculated for the preservation of the property, and in full
compliance with the terms and conditions of this Lease.
- 9 -
LEASE
FOR
CONTRA COSTA COUNTY HEALTH SERVCIES DEPARTMENT
3029 MACDONALD AVENUE
RICHMOND, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE: COUNTY shall not have the right to sublease
the Premises or any part thereof at any time during the term of this Lease or extension
thereof without the prior written permission of LESSOR, which shall not be unreasonably
withheld. In such event, it is understood COUNTY shall remain responsible for payment of
the rent and meeting all the obligations under the terms of this Lease. COUNTY shall not
assign this Lease or any part thereof without written consent of LESSOR.
C.2. PROPERTY TAXES. COUNTY shall pay to LESSOR within thirty (30) days
after being requested to do so by LESSOR, as additional rental, a sum equal to the increase,
if any, in the City and/or County taxeslevied against Assessor's Parcel 516-172-012, in any
year during the term or extension of this Lease which exceed THIRTEEN HUNDRED
NINETY EIGHT AND 64/100 DOLLARS ($1,398.64) which are the taxies for fiscal year
1995-96 except COUNTY shall not pay any increase resulting from a change in ownership
of the property. If the taxes decrease, COUNTY may deduct the amount of the decrease
from the rental due LESSOR..
It is understood that during the last year of occupancy, the taxes shall be prorated
between LESSOR and COUNTY according to the number of full months the COUNTY
shall'have possession of the Premises.
C.3. SERVICES BY LESSOR: It is understood and agreed from time to time during the
term of this Lease and any extensions, COUNTY may request LESSOR to provide certain
landscaping, maintenance, construction, remodeling or like services over and above those
- 10 -
responsibilities of LESSOR as described in Paragraph A.8. above. COUNTY shall pay to
LESSOR as additional rental one hundred percent(100%) of the costs of said service.
If LESSOR, at its sole discretion, agrees to provide such any services over and above
those described in Paragraph A.8 as requested by COUNTY, thea LESSOR. shall consult
with COUNTY and select either licensed, insured contractors or employees of LESSOR to
provide the service. LESSOR shall obtain COUNTY S prior approval on the scope, term,
and cost of the contracts. COUNTY shall have the right to change the level of service from
time to time by giving LESSOR. (30) days prier written notice, including the right to
terminate any or all service, or to require different contractors to provide said service.
CA HALARDQUS D IATE JS LESSOR. warrants to COUNTY that LESSOR
does not, have any knowledge of the presence of hazardous materials or contamination of
the Building or Premises in violation of environmental laws. LESSOR agrees to defend
and hold harmless COUNTY from any lass arising out of the presence of any hazardous
materials on the Premises which'is not a result of the COUNTYrS use and occupancy of the
PREMISES.' LESSOR acknowledges and agrees that COUNTY shall have no obligation to
clean up or remediate, or to contribute towards the cast of clean up or remediation, of any
hazardous materials''that is not caused to be present, released, discharged or spilled on or
about the Premises by COUNTY or any of its agents, employees, contractors, invitees or
other representatives. The obligations of this paragraph shall survive the termination of this
Lease.
"Hazardous Materials" is defined to mean any substance, material or waste,
including lead based paint, asbestos and petroleum (including crude oil or any fraction
thereof), which is or becomes designated `as a hazardous substance, hazardous waste,
hazardous material, toxic substance or material under any federal, state or local law,
regulation or ordinance.
+C.5. TERMINATION OF EMSENT LEASE: It is understood and agreed that
COUNTY now leases the Premises under the terms of a Lease dated October 6, 1998.
Upon commencement of this Lease,that Lease shall terminate.
- ll -
..............................................................................................
�go v
IV IWAO.'r
30TH STR
>
oa
IOD
oe
ko
Zb-
(D
vi CD
(D
cn
.31 ST STREET
tvr
......................... ................... ..........................