HomeMy WebLinkAboutMINUTES - 04152003 - C77 TO: BOARD OF SUPERVISORS
_. :. CONTRA
COSTA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES :...
APRIL 15 2003 `'°srA'�- �
•� COUNTY
DATE. AP ,
SUBJECT: SUBLEASE FOR A PORTION OF THE PREMISES AT 1528 77
POMONA STREET, CROCKETT FOR THE SHERIFF-CORONER
(CP#03-23) (WLP503)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE a Sublease, commencing May 1, 2003, with Joseph E. Costa for a portion of the
premises at 1528 Pomona Street, Crockett for occupancy by the Sheriff-Coroner, under the terms and conditions more particularly set forth in the Sublease.
2. AUTHORIZE the Director of General Services, or designee, to execute the Sublease on behalf
of the County.
3. DETERMINE that the project is a Class 1(a) Categorical Exemption under the California
Environmental Quality Act (CEQA).
4. DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with
the Count Clerk, and DIRECT the Director of General Services, or designee, to arrange for the
County
payment ment of the handling fees to the Community Development Department and County Clerk for
filing of the Notice of Exemption.
FINANCIAL IMPACT
The sublease payments are $1.00 per year and budgeted by the Sheriff-Coroner.
BACKGROUND
Approval of the Sublease will provide for continued use of approximately 140 square feet of office
space for the Sheriff-Coroner in Crockett.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
.t"' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_,PROVE OTHER
SIGNATURES: /
ACTION OF BO ON �--`� '' APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Lease Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISO SON THE DATE SHOWN.
Auditor-Controller(via UM)
Risk Management(via UM)
ATTESTED Is
Sheriff-Coroner(via UM) JOH SWEETEN,CLERK OF TH OARD OF SU RVISORS
Joseph E.Costa(via UM) AN OUNTY ADMINISTRATOR`
BY ,DEPUTY
I:\LeaseMgt\STEVE\1528BDO1.DOC SBV:tb Page 1 of 1 M382(10/88)
SUBLEASE
1528 POMONA STREET
CROCKETT, CALIFORNIA
CONTRA COSTA COUNTY SHERIFF-CORONER
TABLE OF CONTENTS
SECTION A: BASIC TERMS AND CONDITIONS ,
A.1. PARTIES .......................................................................................................... l
A.2. LEASE OF PREMISES.................................................................................... 1
A.3. TERM................................................................................................................ 1
A.4. RENT................................................................................................................ 1
A.5. EXTENSION....................................................................................................2
A.6. CANCELLATION............................................................................................2
A.7. USE OF PREMISES.........................................................................................2
A.8. UTILITIES AND JANITORIAL......................................................................2
A.9. MAINTENANCE AND REPAIRS ..................................................................2
A.10. NOTICES..........................................................................................................3
A.11. EXHIBITS AND ATTACHMENTS................................................................3
A.12. WRITTEN AGREEMENT...............................................................................3
A.13. TIME IS OF THE ESSENCE...........................................................................4
A.14. SIGNATURE BLOCK .....................................................................................4
SECTION B: STANDARD PROVISIONS
B.1. HOLDING OVER.............................................................................................5
B.2. HOLD HARMLESS .........................................................................................5
B.3. ALTERATIONS, FIXTURES, AND SIGNS...................................................5
B.4. DESTRUCTION...............................................................................................6
B.5. QUIET ENJOYMENT......................................................................................6
B.6. DEFAULTS ......................................................................................................6
B.7. SURRENDER OF PREMISES...................................................................so @ @ s o 7
B.8. SUCCESSORS AND ASSIGNS......................................................................8
B.9. SEVERABILITY............................................................. ...............................8
B.10. WASTE, NUISANCE......................................................v.......aso9es......a90a0s49aa9aaa 8
B.11. INSPECTION...................................................................................................8
SECTION C: SPECIAL PROVISIONS
Col. ASSIGNMENT OR SUBLEASE.....................................................................9
C.2. INSURANCE....................................................................................................9
C.3. SERVICE BY SUBLESSOR............................................................................9
C.4. HAZARDOUS MATERIALS......................................................................... 10
EXHIBITS
EXHIBIT A: PREMISES
SUBLEASE
FOR THE
CONTRA COSTA COUNTY SHERIFF-CORONER
1528 POMONA STREET
CROCKETT, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS
I.
A.I. PARTIES: Effectiveon APR 15 2003 •Joseph E. Costa, hereinafter
called "SUBLESSOR", 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: SUBLESSOR and COUNTY acknowledge and agree
that this Agreement and rights hereunder are subject to and subordinate to the terms,
covenants and conditions of the Master Lease entered into between ED BROGLIO
("MASTER LESSOW'), as landlord and Joseph E. Costa ("SUBLESSOR ), which was
entered into September 1, 1995 (the "Master Lease"), for that certain Building commonly
known as 1528 Pomona Street, Crockett, California (the "Building"), as more particularly
described in Exhibit "A". Except as otherwise provided herein, this Agreement will
terminate on the termination, cancellation or expiration of the Master Lease.
SUBLESSOR, for and in consideration of the rents, hereby subleases to
COUNTY, and COUNTY subleases from SUBLESSOR those certain premises described
as follows: One office consisting of approximately 140 square feet in that Building
commonly known as 1528 Pomona Street, Crockett, California (the "Premises"), as
outlined in red on Exhibit "A" attached hereto and made a part hereof, together with non-
exclusive use of the entry area and restroom.
A.3. TERM: The term of this Lease shall be one (1) year, commencing May 1, 2003
and ending April 30, 2004.
A.4. RENT: COUNTY shall pay to SUBLESSOR as rent for the use of the Premises
an annual rental of ONE AND NO1100 DOLLARS ($1.00), payable in advance at the
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time of execution of this Sublease. Payments shall be mailed to: Joseph E. Costa, 1528
Pomona Street, Crockett, CA 94525.
A.5. EXTENSION: This Sublease shall be automatically renewed upon the same
terms and conditions, including rent, every year on a year-to-year basis unless notice is
received from SUBLESSOR within 90 days of the expiration of the term or extension
thereof.
A.6. CANCELLATION: Either party shall have the right to cancel this Sublease at
any time with ninety(90) days written notice to the other party.
A.7. USE OF PREMISES: The Premises shall be used during the term or extension
thereof for office space for the Sheriff-Coroner.
A.8. UTILITIES AND JANITORIAL: SUBLESSOR shall pay for all gas, electric,
water, sewer, and refuse collection services provided to the Premises. COUNTY shall
provide its own janitorial for the Premises.
A.9. MAINTENANCE AND REPAIRS:
a. SUBLESSOR shall keep the roof and exterior of the building in good order,
condition, and repair and shall maintain the structural integrity of the
building, including the exterior doors and their fixtures, closers and hinges,
glass and glazing, and 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 SUBLESSOR 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.
C. SUBLESSOR shall repair and maintain the electrical, lighting, water, and
plumbing systems in good order, condition, and repair.
d. SUBLESSOR shall maintain and repair the heating, ventilating, and air-
conditioning systems.
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e. SUBLESSOR shall maintain the exterior lighting system in good order,
condition, and repair.
f. SUBLESSOR shall provide and install, at the direction of the Fire Marshal,
the necessary number of A-B-C fire extinguishers for the Premises at no
cost to COUNTY. SUBLESSOR shall thereafter maintain, repair, and
replace the extinguishers.
g. COUNTY shall not suffer any waste on or to the Premises.
h. SUBLESSOR shall be responsible for the correction of any code violations
which may exist in the Premises, provided SUBLESSOR 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.
A.10. 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
*d, certified or registered, return receipt requested, and addressed to the other party
prepal
as follows or as otherwise designated by written notice hereunder from time to time:
To SUBLESSOR: Joseph E. Costa
1528 Pomona Street
Crockett, CA 94525
To COUNTY: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Street Suite 100
Martinez, CA 94553-4711
A.11. EXHIBITS AND ATTACHMENTS: Section B, Standard Provisions, Section C,
Special Provisions, and Exhibit A — Building and Premises are attached to this Sublease
and are made a part hereof.
A.12. WRITTEN AGREEMENT: Neither party has relied on any promise or
representation not contained in this Sublease. All previous conversations, negotiations,
and understandings are of no further force or effect. This Sublease may be modified only
by a writing signed by both parties. The headings of the paragraphs and pages are for
3
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 Sublease, nor shall they be considered in
construing the intent of this Sublease.
A.D. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
Sublease.
A.14. SIGNATURE BLOCK
COUNTY SUBLESSOR
COUNTY OF CONTRA COSTA, a JOSEPH E. COSTA
Political subdivision of the State of
California $ r
By
seph E. Costa
By 4%,j&ft63
Director of General Services
RECOMMENDED FOR APPROVAL:
By
Director of Capital Facilities and
Debt Management
By ( �a (Pd4��
Lease Manager
Y
Sheriff-Coi&er Representative
APPROVED AS TO FORM:
SILVANO B. MARCHESI, County
Counsel
By
Deputy
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SUBLEASE
FOR THE
CONTRA COSTA COUNTY SHERIFF-CORONER
1528 POMONA STREET
CROCKETT, CALIFORNIA
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER: Any holding over after the term or extension of this Sublease
asp rovided hereinabove shall be construed to be a tenancy from month to month, subject
to the terms of this Sublease so far as applicable.
B.2e HOLD HARMLESS: COUNTY agrees to defend, indemnify, and hold harmless
the MASTER LESSOR and SUBLESSOR from the COUNTY'S share of 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 MASTER LESSOR and SUBLESSOR 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 the MASTER LESSOR and SUBLESSOR, which results in
damage to any person or property.
MASTER LESSOR and SUBLESSOR agree to defend, indemnify and hold
harmless the COUNTY from the MASTER LESSOR'S and SUBLESSOR'S share of 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 MASTER LESSOR, the SUBLESSOR, and their officers, agents or employees.
BJ, ALTERATIONS, FIXTURES, 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 Sublease. Any such alterations, signs or fixtures shall be at
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COUNTY'S sole cost and expense, and all sips shall meet with existing code
requirements and SUBLESSOWS approval.
BA. DESTRUCTION:
a. In the event of damage causing a partial destruction of the Premises during
the term of this Sublease 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, SUBLESSOR
shall repair the damage promptly and within a reasonable time, but such
partial destruction shall not void this Sublease.
b. If such repairs cannot be made in sixty (60) days, SUBLESSOR may, at his
option, make the same within a reasonable time. In the event SUBLESSOR
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
Sublease 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 Sublease.
B*5,, QUIET ENJOYMENT: SUBLESSOR 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 SUBLESSOR 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:
COUNTY'S failure to comply with any other material term or provision of
this Sublease if such failure continues thirty (30) days after written notice of
failure from SUBLESSOR to COUNTY specifying in reasonably sufficient detail
the nature of said breach. If the required cure of the noticed default cannot be
completed within thirty(30) days, COUNTY'S failure to perform shall constitute a
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default under the Sublease unless COUNTY has attempted to cure the default
within said thirty t3 0) 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, SUBLESSOR 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 SUBLESSOR:
SUBLESSOR'S failure to perform any of its obligations under this
Sublease shall constitute a default by SUBLESSOR if the failure continues for
thirty(30) days after written notice of the failure from COUNTY to SUBLESSOR.
If the required cure of the noticed default cannot be completed within thirty (3 0)
days, SUBLESSORR'S failure to perform shall constitute a default under the
Sublease unless SUBLESSOR 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,
SUBLESSOR 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 SUBLESSOR, COUNTY may terminate
this Sublease and quit the Premises without further cost or obligation or may proceed to
repair or correct the failure and invoice SUBLESSOR for the cost of repair, which
invoice SUBLESSOR shall pay promptly upon receipt.
B.7. SURRENDER OF PREMISES: On the last day of the term, or sooner
termination of this Sublease, COUNTY will peaceably and quietly leave and surrender to
SUBLESSOR 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
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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 Sublease.
B.8. SUCCESSORS AND ASSIGNS: The terms and provisions of this Sublease 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 SUBLESSOR in its respective rights and
obligations contained in the valid provisions of this Sublease.
B.10. WASTE, NiJISANCE: 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 Lessee or occupant of the Building in which the Premises
are located.
B.11. INSPECTION: The SUBLESSOR 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 Sublease.
(Remainder of Page Intentionally Left Blank)
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SUBLEASE
FOR
CONTRA COSTA COUNTY SHERIFF-CORONER
1528 POMONA STREET
CROCKETT, CALIFORNIA
SECTION C: SPECIAL PROVISIONS
C.1. ASSIGNMENT OR SUBLEASE: COUNTY shall not have the right to assign
this Sublease or sublease the Premises or any part thereof at any time during the term of
this Sublease or extension thereof without the express written approval of SUBLESSOR.
Such approval shall not be unreasonably withheld.
C.Z. INSURANCE: Throughout the term of this Sublease and any extension thereof,
COUNTY, at its sole cost and expense, shall maintain in full force and effect, a general
self-insuranceprogram covering bodily injury (including death), personal injury, and
property damage, including loss of use. COUNTY shall provide SUBLESSOR a letter of
self-insurance indicating the aforementioned provisions are in effect and naming
SUBLESSOR and MASTER LESSOR as additional insured.
The COUNTY'S self insurance coverage does not extend to those areas to be
maintained by the MASTER LESSOR and SUBLESSOR under this Sublease nor to
negligence, willful misconduct or other intentional act, error or omission of MASTER
LESSOR, SUBLESSOR and their officers, agents, or employees.
COUNTY shall provide insurance for the Premises, any improvements and
betterments, its own contents and its personal property contained within or on the
Premises under a standard all-risk policy. SUBLESSOR and MASTER LESSOR shall
have no interest in the insurance proceeds upon COUNTY'S Improvements, equipment
and fixtures and will sign all documents necessary or proper in connection with the
settlement of any claim or loss by COUNTY.
C.3. SERVICE BY SUBLESSOR: It is understood and agreed SUBLESSOR shall
provide certain maintenance, construction, remodeling or like services beyond those
9
which are the SUBLESSOR'S responsibilities as specified in Paragraph A.8, as requested
by COUNTY from time to time during the term of this Sublease or extension thereof.
COUNTY shallpay to SUBLESSOR as additional rental one hundred percent (100%) of
the costs of the service.
SUBLESSOR shall consult with COUNTY and select either licensed, insured
contractors or employees of SUBLESSOR to provide the service. SUBLESSOR 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
SUBLESSOR thirty (30) days' prior written notice, including the right to terminate any or
all service, or to require different contractors to provide the service.
CA HAZARDOUS MATERIALS: SUBLESSOR warrants to COUNTY that
SUBLESSOR does not have any knowledge of the presence of hazardous materials or
contamination of the Building or Premises in violation of environmental laws.
SUBLESSOR agrees to defend, save, protect and hold harmless COUNTY from any loss
arising out of the presence of any hazardous materials on the Premises which is not a
result of the COUNTY'S use and occupancy of the Premises. LESSOR acknowledges
and agrees that COUNTY shall have not obligation to clean up or remediate, or to
contribute towards the cost 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 Sublease.
"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.
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