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Home My WebLink AboutMINUTES - 04012003 - C52 TO: BOARD OF SUPERVISORS CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES mss., COSTA DATE: APRIL 1, 2003 COUNTY SUBJECT: LEASE AMENDMENT FOR THE PREMISES AT 822-826 MAIN STREET, MARTINEZ FOR THE CLERK-RECORDER AND THE HEALTH SERVICES DEPARTMENT (TOOQ2 1000241 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE a Lease Amendment, commencing April 1, 2003, with Earl D. Dunivan and Joanne Dunivan for the premises at 822-826 Main Street, Martinez, for continued occupancy by the Clerk-Recorder and the Health Services Department, under the terms and conditions more particularly set forth in the Lease Amendment. 2. AUTHORIZE the Director of General Services, or designee, to execute the Lease Amendment on behalf of the County and to EXERCISE any options to extend the Lease. FINANCIAL IMPACT Extending the term of this Lease was anticipated and budgeted in the approved FY 2002/03 budget and the requested FY 2003/04 budget. The rent for the period from April 1, 2003 through March 31, 2004 is approximately $51,900. The Lease payments are budgeted by the Clerk-Recorder and the Health Services Department. BACKGROUND Approval of the Lease Amendment will provide for continued use of office space as requested by the Clerk-Recorder and the Health Services Department. The Clerk-Recorder has occupied this location since 1984 and the Health Services Department located here in 1991. CONTINUED ON ATTACHMENT: YES SIGNATURE: a-'-'RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 1- APPROVE OTHER SIGNATURES: ACTION OF BO ON APRM 1 2003 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS _ UNANIMOUS(ABSENT_1 ) AYES: ES: ABSENTS: ABSTAIN: DISTRICT III SEAT VACANT MEDIA CONTACT:BARTON J.GILBERT(313-7100) Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE cc: Generale Services Department AND CORRECT COPY OF AN ACTION TAKEN Lease Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. Auditor-Controller(via LtM) APRIL. 1, 2003 Risk Management(via L/M) ATTESTED Clerk-Recorder,Health Services(via UM) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS Earl D.Dunivan,et al(via UM) A�1D COUNTY ADMINISTRATOR BY ....%v -. �i f {L s%a E' .W DEPUTY 1:1LeaseMgt\STEVE\822-828Mainbdo3.doc SBV:tb Page 1 of 1 M382(90/88) THIRD AMENDMENT TO LEASE 822-826 Main Street Martinez, California for the Clerk-Recorder Health Services Department 1. PARTIES: Effective on APR 4 12003 , EARL D. DUNIVAN and JOANNE DUNIVAN, hereafter 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: 2. PURPOSE: The parties desire to amend that Lease dated May 22, 1984 and amended June 11, 1991 and April 28, 1998, entered into between LESSOR and COUNTY for approximately 2,580 square feet of office space commonly known and designated as 822 Main Street, Martinez, California, and approximately 1,350 square feet of office space commonly known and designated as 826 Main Street, Martinez, California, totaling 3,930 square feet for the purpose of extending the term and adding extension and services by lessor paragraphs. 3. AMENDMENT: A. Paragraph 3. TERM from the amendment dated April 28, 1998, shall be deleted in its entirety and replaced with the following: 3. TERM: The original term of this Lease commenced September 1, 1984 and ended August 31, 1989, was extended through amendments from September 1, 1989 to August 31, 1997, by holdover from September 1, 1997 through March 31, 1998, and by amendment from April 1, 1998 through March 31, 2003. This amendment shall extend the term of the Lease for 822 Main Street, Martinez, for an eighteen (18) month period from April 1, 2003 through September 30, 2004. This amendment shall also 1 extend the term of the Lease for 826 Main Street, Martinez for a four (4) year period from April 1, 2003 through March 31, 2007. B The following paragraph shall be added to the Lease as follows: 4.1. RENT: During the following periods the rents for 822 and 826 Main Street, Martinez, shall be as follows: 822 Main Street Period Monthly Rental April 1, 2003 to March 31, 2004 $2,840.00 April 1, 2004 to September 30, 2004 $2,950.00 826 Main Street Period Monthly Rental April 1, 2003 to March 31, 2004 $1,485.00 .April 1, 2004 to March 31, 2005 $1,545.00 April 1, 2005 to March 31, 2006 $1,605.00 April 1, 2006 to March 31, 2007 $1,670.00 Payments shall be mailed to: Earl D. Dunivan, P. O. Box 747, Martinez, CA 94553, or at such ether place as LESSOR may designate in writing from time to time. B. The following paragraph shall be added to the Lease as follows: .1 EXTENSION: For the purposes of this paragraph and this paragraph only, 822 Main Street and 826 Main Street shall be considered separate properties and as such the extensions may be exercised individually. 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: 822 Main Street a. First Option: For a six (6) month term commencing October 1, 2004 and ending March 31, 2005 at a rental of TWO 2 THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($2,950.00). b. Second Option: For a six (6) month term commencing April 1, 2005 and ending March 31, 2006 at a rental of THREE THOUSAND SEVENTY AND NO/100 DOLLARS ($3,070.00). 826 Main Street C. First Option: For a two (2) year term commencing April 1, 2007 and ending March 31, 2009 at a rental of ONE THOUSAND SEVEN HUNDRED THIRTY-FIVE AND N01100 DOLLARS ($1,735.00) for the period from April 1, 2007 to March 31, 2008 and ONE THOUSAND EIGHT HUNDRED FIVE AND N0/100 DOLLARS ($1,805.00) for the period from April 1, 2008 through March 31, 2009. It is understood and agreed COUNTY shall give LESSOR ninety (90) 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 this Lease shall not expire until fifteen (15) working days after receipt of LESSOR'S written demand to exercise or forfeit said option. C. The following paragraph shall be added to the Lease as follows: 8.1. SERVICES BY LESSOR: Over and above the LESSOR'S maintenance responsibilities in Paragraph 8., it is understood and agreed LESSOR shall provide certain requested janitorial, maintenance, construction, remodeling or like services as requested 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 plus 3 fifteen percent (15%) for management, supervision and administration expenses with a minimum of $50.40 management, supervision and administrative expenses per occurrence. 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. thirty (30) days prior written notice, including the right to terminate any and all service or to require different contractors to provide the service. COUNTY is aware that LESSOR has contracted with Earl D. Dunivan and Associates to provide the services listed hereinabove. Reimbursement for said services shall be payable to and mailed to either the LESSOR or Earl D. Dunivan and Associates, P. O. Box 747, Martinez, CA 94553. 4 4. EFFECT. Except for the Amendment agreed to herein, the Lease dated May 22, 1984, and amended June 11, 1991 and April 28, 1998, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed the Third Amendment to Lease as of the day and year first written hereinabove. SIGNATURE BLOCK COUNTY LESSOR. COUN'T'Y OF CONTRA COSTA, a EARL D. DtINIVAN, JOANNE politicalsubdivision of the State of DUNIVAN California 4 M �� By � Director of General Services Earl D. Dunivan RECOMMENDED FOR APPROVAL: By --_ `�oanne Dunivan By Director o apital Facilities and Debt Management By County C1er Recorder Representative F: Pc Bye Lease'Manager APPROVED AS TO FORM: SILVANO B. MARCHESI, County Counsel <r (4 ; ' By Deputy 5