HomeMy WebLinkAboutMINUTES - 05182004 - C1-C3 TO: BOARD OF SUPERVISORS
s
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: May 18, 2004
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an
Amendment for Reel Property Services between Contra Costa County and Sanli, Pastore
and Hill for the State Route 4 East, Railroad Avenue to Loveridge Road Project.
Pittsburg, Area (District V).
Project No.: 4660-6X4287 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Warks Director, or designee, to execute, on behalf of
Contra Costa County an amendment for real property services with Sanli, Pastore and Hill,
effective May 11, 2004, in the amount of $14,000 for a new maximum payment limit of $96,000 for
appraisal and expert witness services and extend the term from June 1, 2004 to June 1, 2005, in
connection with the State Route 4 East, Railroad Avenue to Loveridge Read Project.
II. Fiscal Impact:
Payments under this contract are covered from funding by the Contra Costa Transportation
Authority (OCTA). Costs will be charged directly to the project.
III. Reasons for Recommendations and Background:
Sanli, Pastore and Hill has provided appraisal services for the State Route 4 East Project in the
past. County staff members wish to continue retaining the professional services of this firm
because of its current involvement, reliable performance and experience in appraisal of the type of
parcels involved.
IV. Consequences of Negative Action:
The County would be unable to retain the services necessary to complete the assigned project in a
timely manner.
,' °
< I
Continued on Attachment: SIGNATURE: �� �j .'��
d
fi
—RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
�,�151PROVE OTHER
SIGNATURE(S):
ACTION OF BOAR ON_ M- Ly 18. 2004 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPT TORS
xx UNANIMOUS(ABSENT NONE
AYES: NOES:— I hereby certify that this is a true and correct
ABSENT:._ ABSTAIN:
- copy of an action taken and entered on the
es:eh
minutes of the Board of Supervisors on the G:\GrpData\ReaiProp120049Piles\BOS&RE&BOsanl!PastoreAmend2.doc date shown.
Orig.Div: Public Works(R/P) ATTESTED: MAY l8 s 2004
cc,
C.Sousa(3132223) — —
cc, County Administrator JOHN SWEETEN,Clerk of the Board of
Auditor-Conwroller(via R/P) Supervisors and County Administrator
P,W.Accounting
Board Orders Senior Clerk,Adm. ay Deputy
CONTRA COSTA COUNTY
255 Glacier Drive
Martinez, California 94553
AMENDMENT TO AGREEEMENT FOR REAL PROPERTY SERVICES
1, EFFECTIVE DATE AND PARTIES. Effective on May 11, 2004, Contra Costa
County(herein called "PUBLIC AGENCY"),and Sanli, Pastore& Hill, (herein called
"CONSULTANT"), mutually agree as follows:
2. PURPOSE. The parties desire to amend the contract they entered into, effective
J�€ne 1, 2003, entitled "Agreement for Real Property Services", to provide payment
for additional work furnished to the Public Agency.
3. AMENDMENT. Said agreement is hereby amended as follows:
I A. Completion Date: Change from "June 1, 2004" to "June 1, 2006."
e. Payment Limit: Increase payment limit by $14,000 to a new payment limit
of$96,000.
4. EFFECT. Except for the amendment agreed to herein, said contract remains in full
force and effect.
IN WITNESS WHEREOF,this Agreement has been executed, in triplicate byand on behalf
of the parties hereto, the day and year first above written,
Contra Costa County Consultant -
Sanli, Pastore, & Hill, Inc.
B _ B
y Y
Ma is Shiu
Public arks Director
By
Address; 1 River Plaza Drive
RECOMMENDED FOR APPROVAL: Sacramento, CA 95833
By
r
ip I Real Property Agent
g:lgrpca4a\realprop=04-F!es\04-041AG24aSen{iPastoreAmend.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �� ss.
On =� `�` before me,
Der' Name and Title of r(e.g.,^Tana Doe, ry Pubiia")
personally appeared ��t c� –,�.- J �. `,fit ZV
Narrie(s)of Signers)
ersonaily known to me
❑ proved to me on the basis of satisfactory 1
evidence
MELISSA A.DUNN to be the person(s) whose name(s) is/are
Commission # ;378089 Z subscribed to the within instrument and
Z y Notary Public - Callfornia ; +
z : u _ acknowledged to me that ne/she/they executed
Los Angeles County the same in his/her/their authorized
My Comm.Expires Sep 22, (X38 capacity(ies), and that by his/herltheir
signature(s) on the instrument the person's), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
t
W NESS my hand ao official seal.
Signature of Note ublic
I
OPTIONAL
Though the information below is not required by lard it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Docume t
Title or Type of Document:
Document Date: !Number of Pages:
Signer(s) Other Than Named Above: `v l
Capacity(les) Claimed by Signer
Signer's Name: `
❑ individual YNCs4 c c� ` �—�C a'_ . . �_� Top or rhumb here
XCorporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other: w�
Signer Is Representing: ��° �° � —
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1
®1999 Naiional Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationainetary.org Prod.No.5907 Reorder:Call Toll-Froe 1.800-876-6827
_......._._......................................
CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT
State of California
K ss.
County of ° �,� �
On v e ti before me,
bate Name and Tate of Officer(e.g.."Jane Dae,Nglary Public'}
personally appearedvlfi '
Name,a)o.5isear(s;
%personally known to me
❑ proved to me on the basis of satisfactory
evidence
�.f. NEL#SSA A.DUNN
l
Commission# 1376089 to be the person(s) whose name(s)Xare
�� ,Notary Pub#io Calfifornia subscribed to the within instrument and
Los Angeles County [ acknowledged to me that.I�Ws /they executed
myCforr4r:.ExpiresSep22,2EOD6the same in ,k§/ &/their authorized
stir-rr� �Mwwrrrii capacity(les), and that by lkTi6r/their
signature(s)on the Instrument the person(s), or
the entity upon behalf of which the person{s)
acted; executed the instrument.
WITNESS my hand lld �icial seal.
Signature of Notary Pubilc
OPTIONAL
Though,the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Tit r
(#e a. Type of Document:
Document Date: Number of Pages:
f I
Sinners)Other Than Named Above:
Capacity(les) Claimed by Signer
,
Signer's Name; i o/ C�_.3\� �
"im
�` 1
[I individual flop of thumb here
Corporate Officer
❑ Partner---❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
!❑ Guardian or Conservator
❑ Other:
Signer is Representing:
0 1999 National Notary Association.3350 De Soto Ave.,F.O.Box 2402-Chatsworth,CA 97313-2402 www.ratianatnotary.org Prod.No.5907 Rearder:Call 7oli-Free 1.800-876-6827
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: May 18, 2004
SUBJECT: Vasco Road and Camino Diablo Intersection Improvements Project.
Brentwood/Byron area. District III. [CDD-CP##03-17]
Project No. 0662-684097
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated April
29, 2004 from Mathew G. Coelho & Sons, Inc.
B. AUTHORIZE the Public Works Director, or designee, to execute said Purchase and Sale
Agreement on behalf of the County.
C. APPROVE payment of $ 2,500.00 for said property rights and AUTHORIZE the Auditor-
Controller to issue a check in said amount payable to Placer Title Company, 1931 No.
Broadway, Suite 100, Walnut Creek, CA 94596, Escrow No.615-7462 to be forwarded to
the Real Property Division for delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in
the Office of the County Recorder.
Il. Fiinanciallmpact:
Payment for future permanent property rights will come from 80% East County Transportation
Improvement Authority Funds, 10% City of Brentwood Funds, and 10% Local Roads Funds.
Continued on Attachment: SIGNATURE: 4"'
,- RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
,,-APPROVE _OTHER
SIGNATURE(S):
ACTION OF B(?ARJD ON MAy IL,--2004 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: xx NOES: NONE
ABSENT: ABSTAIN: I hereby certify that this is a true and correct
copy of an action taken and entered on the
CP:eh minutes of the Board of Supervisors on the
G:\GrpData\RealProp\2004-Fi€es\BOS&REaBO.2 Coelho.doc date shown.
Orig. Div: Public Works(RIP) ATTESTED: MAY 18) 2004
Contact: Carla Peccianti (313-2222) JOHN SWEETEN, Clerk of the Board of
cc: County Administrator Supervisors and County Administrator
Auditor-Controller(via R/P) '
P.W.Accounting BY Deputy
Recorder(via R/P)
Board Orders Clerk Specialist,Adm.
Subject: Vasco Road and Camino Diable Intersection Improvements Project.
Date: May 18, 2004
Page: 2
Ill. Reasons for Recommendations and Background:
'hese property rights are required for the Vasco Road and Camino Diablo Intersection
Improvements project in accordance with the approved plans and specifications.
IV. Consequences of Negative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved pians and specifications.
Recording Requested By:
Contra Costa County
When Recorded Return to:
i
Contra Costa County
Public Works Department �
255 Glacier Dr.
Martinez, CA 94553
Attn: Debra L. Baker
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Portion of A.P.N. 003-060-003
GRANT DEED
(CORPORATION)
For Value Received, Matthew G. Coelho & Sons, Inc., a corporation organized and
existing under and by virtue of the laws of the State of California, does hereby GRANT to
CONTRA COSTA COUNTY, a political subdivision of the State of California, all that real
property in unincorporated, County of Contra Costa, State of California.
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
The grantor further understands that the present intention of the grantee is to construct
and maintain a public highway on the lands hereby conveyed in fee and the grantor, for
itself, its successors and assigns, hereby waives any claims for any and all damages to
grantor's remaining property contiguous to the property hereby conveyed by reason of the
location, construction, landscaping or maintenance of said highway.
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto
subscribed and its corporate seal to be axed hereto, this -a W6 dad of ,
2004.
f
R ymond A. 6oeh107
silent
By '
Mary Coe] , Secretary
ATTACH APPROPRIATE ACKNOWLEDGEMENT
G:1GrpData\Rea€Prop\2004-F€€es\04-4\Ca€de2 Coelho-doc
4/24/04
Vasco Road (No. 7711 B)
Mathew G. Coelho & Sons Inc.
Portion A.P.N. 003-060-008
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California., being a portion of the Eastern half of Section 8, Township 1 South, Ranee 3
East, Mount Diablo Meridian, also being a portion of Parcel Five as described in the
deed to Mathew G. Coelho and Sons Incorporated recorded July 28, 1960 in Book 3670
of Official Records at Page 62, described as follows
Parcel 1: (Fee Title)
Commencing at the standard Contra Costa Coynty monument (VR-37) located at the
intersection of Vasco Road and Camino Diablo as shown on the Record of Survey RIS
No. 2223 recorded October 3, 1997 in Book 112 of Licensed Surveyors' Maps at Page
22;_ thence along a line from said VER-37 to VR-36 (112 LSM 22) South 47°03'42" East
286.47 feet; thence North 42056'18" East 70.02 feet to the Paint of Beginning being a
point on the Easterly right of way line of Vasco Road as described in Parcel 1 of exhibit
"D"
of the Grant Deed from Contra Costa Water District to Contra Costa County .
recorded December 20, 1906 in Series No. 96-236387, and which point shall hereinafter
be referred to as point "A"; thence South 58036'26" East 23.41 feet; thence South
49002'08" East 13.06 feet; thence South 301103'23" East 20.97 feet to said Easterly right
of way line (96-236387); thence along said line North 47003'55" West, 60.94 feet to the
Point of Beginning.
Containing an area of 218 square feet of land (.005 acres) more or less.
Parcel 2 (Temporary Construction Easement)
A temporary easement, to terminate on December 31, 2004, for construction purposes
and incidents thereto, upon, over, and across the following described land:
Beginning at point "A" as described in Parcel 1 above; thence along said Easterly right
of way line (96-236387) North 4703'55" West 49.98 feet; thence South 58'36'26" East .
78.21 feet; thence South 49°02'08" East 15.57 feet; thence South 30'03'23" East 55.33
feet, thence North 47'03'55" West 34.19 feet, thence North 30°03'23" West 20.97 feet,
thence North 49'02'08" West 13.06 feet; thence North 58036'2.6" Nest 28.41 feet to the
Point of Beginning.
Containing an area of 1058 square feet of land (.024 acres) more or less.
Parcel 3; (Pee Title)
Commencing at point "A" as described in Parcel 1 above; thence along said Easterly
right of way line (96-236387) South 4703'55" East 132.81 feet to the Point of Beginning
and which point shall hereinafter be referred to as point "B"; thence from said Point of
Beginning South 70°14'48" East 67.73 feet; thence South 44°27'31" East 286.40 feet to
a point which shall hereinafter be referred to as point "C"; thence South 29°20142" East
59.41 feet to said Easterly right of way line (96-236387); thence along said line North
44138'18" West 105.04 feet; thence North 47003'55" West 300.01 feet to the Point of
Beginning.
Containing an area of 7088 square feet of land (.163 acres) mors or less.
Parcel 4 (Temporary Construction Easement)
A temporary easement, to terminate on December 31, 2004, for construction purposes
and incidents thereto, upon, over, and across the following described land:
Commencing at point "B" as described in Parcel 3 above; thence South 70014'48" East
44.50 feet to the Point of Beginning; thence North 19045'13" East 10.00 feet; thence
South 70"14'48" East 25.52 feet; thence South 44027'31" East 184.68 feet; thence
South 45"32'29" West 10.00 feet; thence North 4402731" West 182.39 feet; thence
North 70'14'48" West 23.23 feet to the Point of Beginning.
Containing an area of 2079 square feet of land (.048 acres) more or less.
Parcel_5Ternp
ff -pra!y Construction Easement)
A temporary easement, to terminate on December 31, 2004, for construction purposes
and incidents thereto, upon, over, and across the following described land:
Commencing at point "C" as described in Parcel 3 above; thence North 44027'31" West
14.50 feet; thence North 45"32'29" East 10.00 feet; thence South 44027'31" East 15.83
feet; thence South 29020'42" East 93.85 feet; thence North 47003'54" West 21.56 feet;
thence North 44038'18" West 13.04 feet; thence North 29"20'42" West 59.41 feet to the
Point of Beginning.
Containing an area of 924 square feet of land (021 acres) more or less.
Bearings based on the California Coordinate System of 1983 (CCS83), Zone Ill.
Distances given are ground distances.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conform anQe with the Professional La rve rs Act.
I
SianatLTeA.-`�
Uce'hdea-Lan cT-Surve!,or
Contra Costa County Public Works Department SXR 9/30VID3
U') L.S.6571
Date:
%11 C
ACI
G:\GrpData\Design.\SURVEYS\I,egals\Exhlbits2DO3\VASCO CAMINO DIABLO CONSTRUCTION rev 2,doc
ERP:JS
5129=03
4 I
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(fVR-37
EXHIBIT 11811
PLAT TO ACCOMPANY � ���¢��
EXHIBIT' "A" � O �
LINE DATA. TABLE 9
Na. Bearing ° Length I0
L1 S 580 30'26" E 78.21' i
i
L2 S 49° 02`00" E 15.57'
L3 S 300 03'23" E 55.33t f
L4 N 470 03'55" W 34.19SPT ,9A77 SCALE 1"1009
L19 >. L7
L5- N .3.00 03'23" W. .20.97' _ 1 L2 PARCEL 1
i L6 N 490 02'08" Wj 13.06' N L8 I
PARCEL 2 !
L7 N 580 30'.26" W' 28.41' C I -� L4 L5
L8 N 470 03155" WI 60,94' -r
L9 N 47' 03155" W'1 49.98' ': Cts
L10 N 470 03'55" W! 37.69' > I
L11 rS 700 E4'48t' L 44.50' I fPT ttt, L13
t
l L12 S 700 14'48" E 67.73' I
'L13 N 19" 45'13" E 10.00° I L18—
PARCEL 3
It _ ,, L25 3
:14 S 70014'48" E 25.52' c, " PARCEL 4
I L15 S 290 20'42" E93.8 "'� L23 i
.-
L16 N 440 38'18• W 3 13.04'
L17 i N 290 20'42" Wl 53.41' 1Cq
c>
L18 I N 70014'48!1 W 23.23' d`- GN�j z
L19 ;N 42° 50'18" E 70.02' 1 `
IL201N 470 03'54" W 21.56° lI g
� i t `�
o
1 ,L247` 03'55"N W 132.81 i, I L24
EL22 N 440 38'18" W 105.04' L26
jL23 S 440 27131" E 184.68' L27
fE L24 S 450 32'29" W 10.00' E L28
I _
I ,-25 N 440 27'31`° W 18.x.39' I c,� P � 77079 i
� L17
L26 N 450 32'29" E 10.00'
1-27 S 440 27'31' E 15.83' I r
W28 N 44® 27'31" W 14,50' VR-36 1 L20 PARCEL 5
L 16
i
i Instrument ; Grant Deed ;Scale: 9100 Date: MAY 2003
Drawn By. PP Checked BY: jS
li Serves No. Recorded Cad File: RW409702B.dgn
I
I
Parcel Number: 003-060-003 Grantor: Mathew G.Coelho& Sons, Inc.
Project Name: Vasco/Camino Diablo Interchange Improvements Mailing Address: 3599 Point of Timber Road
Project Number:0662-61714097 Brentwood, CA 94513
Property Address: 1855 Camino Diablo
Syron, CA 94514
PURCHASE AND SALE AGREEMENT BETWEEN
CONTRA COSTA COUNTY
AND
GRANTOR NAMED HEREIN
This Agreement is entered into by and between Contra Costa County, a political subdivision of the State of
California (hereinafter "County") and Mathew G. Coelho & Sons, Inc., a California Corporation (hereinafter
"Grantor").
RECITALS
Grantor is the owner of approximately three hundred and twenty acres of real property located in Contra Costa
County, California. County desires to acquire fee title and temporary construction easements affecting
approximately seven thousand square feet of the real property owned by Grantor as described on Exhibit "A"
attached hereto and incorporated herein by reference. The real property described in Exhibit "A", including
improvements thereon, if any, are collectively referred to herein as the"Property"
AGREEMENT
NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable
consideration,the receipt and adequacy of which are hereby acknowledged, the parties,hereby agree as follows:
1. Effective Date. It is understood that this Agreement is subject to approval by the County's Governing
Board. This Agreement is effective on the date approved by the County's Governing Board ("Effective
Date"). This Agreement will be submitted to the Grantor first for approval, and thereafter to the County.
2. Purchase and Bale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and
County agrees to purchase the Property.
3. purchase Price. The purchase price for the Property shall be Two Thousand Five Hundred Dollars
($2,500.00) ("Purchase Price").
3.1. All ad valorem real property taxes and any penalties and costs thereon, and all installments of any
bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantor
as of the date title shall vest in County by the recordation of the deed herein pursuant to Sections
4986, 5082, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of
the date title vests.
4. Conditions to County's Performance. The County's obligation to perform under this Agreement is
subject to the following conditions:
4.1. Grantor's representations and warranties in this Agreement being correct as of the date of this
Agreement and as of the Close of Escrow.
1
4.2. Grantor's performance of all obligations under this Agreement.
4.3. The vesting of title to the Property in the County by grant deed in fee simple absolute, free and
clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes
except the following "Approved Exceptions" as outlined in the Preliminary Report dated July 3,
2003, issued by Placer Title Company:
A. Covenants, conditions, restrictions and reservations of record, listed as exceptions.
None.
B. Easements or rights of way of record over said property, listed as exceptions.
None.
C. Other Approved Exceptions: None.
If County determines that any of these conditions have not been met, County shall have the right to
terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent.
5. Delive ofnDeed to Cou ty and Payment of Purchase Price. A document in the form of a Grant Deed
dated q. ec , conveying the Property to the County, has been executed and delivered to
Carla Peccianti, Senior Meal Property Agent for the County..
5.1 Grantor shall provide County with Grantor's affidavit of nonforeign status as contemplated by
Section 1445 of the Internal Revenue Code of 1986, as amended [26 USCA §1445] ("PIRPTA
Affidavit") and Grantors affidavit as contemplated by the revenue and Taxation Code § 18662
("Withholding Affidavit") prior to the payment of the Purchase Price.
5.2. County shall disburse the Purchase Price to Grantor when title to said property vests in County in
fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded
and/or unrecorded) and taxes, except the Approved Exceptions, and following satisfaction of all
other terms and conditions of this Agreement. County is authorized to withhold pro rata taxes,
liens and assessments on the Property conveyed.
6. Grantor's Representations and Warranties. Grantor makes the following representations and
warranties with the understanding that these representations and warranties are material and are being
relied upon by County. Grantor represents and warrants to the County that as of the date of this
Agreement and as of the Close of Escrow:
6.1. Marketable Title. Grantor is the owner of the Property and has marketable and insurable fee
simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only
to the Approved Exceptions. No leases, licenses, or other agreements allowing any third party
rights to use the Property are or will be in force unless prior consent has been given by the County
in writing. Commencing with the full execution of this Agreement by both parties and until the
Close of Escrow, Grantor shall not permit any liens, encumbrances or easements to be placed on
the property other than the Approved Exceptions, nor shall Grantor enter into any agreement that
would affect the Property that would be binding on the County after the Close of Escrow without
the prior written consent of the County.
6.2 Other Matters Affpcting Prop. To the best of Grantor's knowledge, there are not presently any
actions, suits, or proceedings pending or, to the best of Grantor's knowledge, threatened against
2
or affecting the Property or the interest of Grantor in the Property or its use that would affect
Grantor's ability to consummate the transaction contemplated by this Agreement. Further, there
are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of
the Property. To the best of Grantor's knowledge there are not presently any pending or
threatened condemnation, eminent domain or similar proceedings affecting the Property.
6.3 Grantor's Agan That this Agreement and all other documents delivered prior to or at the Close
of Escrow have been authorized, executed, and delivered by Grantor, are binding obligations of
the Grantor, and are collectively sufficient to transfer all of Grantor's rights to the Property.
In addition to any other remedies that may be available to the County as the result of a breach of any of
the foregoing warranties or representations, Grantor agrees to defend and hold the County harmless and
reimburse the County for any and all loss, cost, liability; expense, damage or other injury, including
without limitation, attorneys fees, incurred by reason of, or in any manner resulting from the breach of any
of the warranties and representations contained in this Agreement and all third-party claims arising out of
or related to any facts or circumstances with respect to the period prior to the Close of Escrow.
7. County's Representations and Warranties. County warrants that, upon approval of this Agreement by
the County's governing body, this Agreement shall constitute a binding obligation of the County.
8. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this
Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge
in the deed or other documents following the delivery and recordation of said deed or other documents.
9. Right of Entry. From and after the Effective date of this Agreement and at all times until this Agreement
is terminated or title vests in the County, County shall have the right at all reasonable times to enter on
the Property for the purposes of the County, including but not limited to conducting soils tests, surveys
and studies and begin the roadway improvements to improve the operation of the signalized intersection
of Vasco Road and Camino Diablo. County will indemnify and hold Grantor harmless against any
damages or costs arising from County's or County's designated persons' entry onto the Property,
including but not limited to attorneys'fees and costs.
19. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the
parties to this Agreement and their respective heirs, successors, and assigns.
11, Notices. All notices (including requests, demands, approvals or other communications) under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as
follows:
Grantor: Mathew G. Coelho & Sons, Inc.
3590 Point of Timber Road
Brentwood, CA 94513
Telephone: (925) 634-2122
County: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone. 925-313-2222
Attn: Carla Peccianti
3
or to such other addresses as County and grantor may respectively designate by written notice to the
other.
12. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of
this agreement constitutes the entire consideration for said document and shall relieve the County of all
further obligation or claims on this account, or on account of the location, grade or construction of the
proposed public improvement. grantor has no other right or claim to compensation arising out of or
connected with the acquisition of the subject property by the County, except as specifically set forth in this
Agreement, including but not limited to all claims for compensation for improvements pertaining to realty,
all claims for compensation for fixtures, equipment or machinery, attorneys' fees, costs or damages of
every kind and nature by reason of County's acquisition of the subject property and agrees never to
assert such a claim.
13. Construction. The section headings and captions of this Agreement are, and the arrangement of this
instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions
and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and
provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel
have read and reviewed this Agreement and agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this
Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
14. Further Assurances. Whenever requested to do so by the other party, each party shall execute,
acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases,
powers of attorney, instruments of further assurance, approvals, consents and all further instruments and
documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers,
sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and
deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
15, Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver
of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and
executed by the waiving party
16. Severability, if any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected.
4
......... ......... ......... ......... ......... _ _ _ _ _ _ __ .................. ......... ......... ......... ......... ..........
...........................................................................................................................................................................................................................................................................................................................
17. Governing Law and Venue. This Agreement shall be governed and construed in accordance with
California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County,
California.
CONTRA COSTA COUNTY GRANTOR
Mathew G. Coelho &Sons, Inc
RECQk4MENDED P€7R APPROVAL:
BYF z�ac
R mond A. e ho
By President
Carla Peccianti
Senior Real Property Agent
By
4MAo 9 WK :
BV4 xe Secreta
Karen Laws
Principal Real Property Agent Date dz V
(Dak Signed by Grantor)
APPROVED:
n
By
MaShiu
Public orks Director
Date;
(Dat of board Approval)
(FORM APPROVED BY COUNTY COUNSEL W99)
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A - Legal Description
GP:eh
G:\GrpData\ReaiPrap12004-Fi€es\04-41AG412a coefho.doc
4/20/04
5
Recording Requested By:
Contra Costa County
When Recorded Return to:
Contra Costa County
Public Works Department EXHIBIT "All
255 Glacier Dr.
Martinez, CA 94553
Attn: Debra L. Baker
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Portion of A.P.N. 003-060-003
GRANT DEED
(CORPORATION)
For Value Received, Matthew G. Coelho & Sons, Inc., a corporation organized and
existing under and by virtue of the laws of the State of California, does hereby GRANT to
CONTRA COSTA COUNTY, a political subdivision of the State of California, all that real
property in unincorporated, County of Contra Costa, State of California.
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
The grantor further understands that the present intention of the grantee is to construct
and maintain a public highway on the lands hereby conveyed in fee and the grantor, for
itself, its successors and assigns, hereby waives any claims for any and all damages to
grantor's remaining property contiguous to the property hereby conveyed by reason of the
location, construction, landscaping or maintenance of said highway.
IN WITNESS WHEREOF, said corporation has caused its corporate nerve to be hereunto
subscribed and its corporate seal to be affixed hereto, this day of ,
2004.
By
Raymond A. Coehlo, President
By
Mary Coelho, Secretary
ATTACH APPROPRIATE ACKNOWLEDGEMENT
C:\CrpData\Reaf?rop\2004-F'sies\04-4\Caide2 Coelho..dec
4/21/04
....................
...._...................................................................................................._........._
_..._....... ......... ......... ......... ......... ......... ......... . ........................ .............. ......... ......... ....
_. ......... ......... ......... ......... ........ ............ ........ ... ........_......... _ .. _ _
_. ........_ ..__..........................
Vasco Road (No. 7711 B)
Mathew G. Coelho & Sons Inc.
Portion A.P.N. 003-060-003
EXHIBIT "A"
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of the Eastern half of Section 8, Township 1 South, Range 3
East, Mount Diablo Meridian, also being a portion of Parcel Five as described in the
deed to Mathew G. Coelho and Sons Incorporated recorded July 28, 1060 in Book 3670
of Official Records at Page 62, described as follows:
Parcel 'I (Fee Title)
Commencing at the standard Contra Costa County monument (VR-37) located at the
intersection of Vasco Road and Camino Diablo as shown on the Record of Survey RIS
No. 2223 recorded October 3, 1997 in Book 112 of Licensed Surveyors' Maps at Page
22;, thence along a line from said-VR-37 to VR-36.(112 LSM 22) South 47°0342" East
286.47 feet; thence North 42°56'18" East 70.02 feet to the Point of Beginning being a
paint on the Easterly right of way line of Vasco Read as described in Parcel 1 of exhibit
"D" of the Grant Deed from Centra Costa Water District to Contra Costa County
recorded December 20, 1996 in Series No. 96-236387, and which point shall hereinafter
be referred to as paint "A"; thence South 58036'26" East 28.41 feet; thence South
49002'08" East 13.06 feet; thence South 3000323" East 20.97 feet to said Easterly right
of way line (96-236387); thence along said line North 47103'55" Nest, 60.94 feet to the
Point of Beginning.
Containing an area of 218 square feet of land (.005 acres) more or less.
Parcel_2 (Temporary Construction Easement)
A temporary easement, to terminate on December 31, 2004, for construction purposes
and incidents thereto, upon, over, and across the following described land:
Beginning at point "A" as described in Parcel 1 above; thence along said Easterly right
of way line (96-236387) North 47°03'55" West 49.98 feet; thence South 5803626" East
78.21 feet; thence South 49°02'08" East 15.57 feet; thence South 30°03'23" East 55.33
feet; thence North 4700355" West 34.19 feet; thence North 30°03'23" West 20.97 feet;
thence North 49°02'08" West 13.06 feet; thence North 58°36'26" 'West 28.41 feet to the
Point of Beginning.
Containing an area of 1058 square feet of land (.024 acres) more or less.
Parcel 3: (Fee Title)
Commencing at paint "A" as described in Parcel 1 above; thence along said Easterly
right of way line (96-236387) South 47103'55" East 132.81 feet to the Point of Beginning
and which paint shall hereinafter be referred to as point "B'; thence from said Point of
Beginning South 70114'48" East 67.73 feet; thence South 44°27'31" East 286.40 feet to
a point which shall hereinafter be referred to as point "C"; thence South 29°20'42" East
59.41 feet to said Easterly right of way gine (96-236387); thence along said line North
441138'18" West 105.04 feet; thence North 47103'55" West 3003.41 feet to th- Point of
Beginning.
Containing an area of 7088 square feet of land (163 acres) more or less.
Parcel 4 (Temporary Construction Easement)
A temporary easement, to terminate on December 31, 2004, for construction purposes
and incidents thereto, upon, over, and across the following described land:
Commencing at point "B" as described in Parcel 3 above; thence South 70°14'48" East
44.501 feet to the Point of Beginning; thence North 19"45'13" East 10.04 feet; thence
South 70"14'48" East 25.52 feet; thence South 44"27'31" East 184.68 feet; thence
South 453229" West 14.40 feet; thence North 44"27'31" West 182.39 feet; thence
North 70014'48" West 23.23 feet to the Point of Beginning.
Containing an area of 2079 square feet of land (448 acres) more or less.
Parcel 5 (Temporary,Construction Easement)
A temporary easement, to terminate on December 31, 2444, for construction purposes
and incidents thereto, upon, over, and across the following described land:
Commencing at point "C" as described in Parcel 3 above; thence North 44°27'31" West
14.50 feet; thence North 45"32'29" East 14.04 feet; thence South 44027'31" East 15.83
feet; thence South 29020'42" East 93.85 feet; thence North 47"13'54" West 21.56 feet;
thence North 44°38'18" West 13.04 feet; thence North 29"24'42" West 59.41 feet to the
Point of Beginning.
Containing an area of 924 square feet of land (.421 acres) more or less.
Bearings based on the California Coordinate System of 1983 (CCS83), Zone Ill.
Distances given are ground distances.
Exhibit "B" attached and by this reference made a part hereof.
This real property description has been prepared by me or under my direction, in
conforman e with the Professional La rve rs Act.
Signat e: c � � s
Lice edl-and-Surveykr
Contra Costa County Public Works Department Lxp. 9130/03
L.S.6571
Date: !�� '
CAS`F
G:\GrpData\DesigniSURVi_YSlLegals\Exhibits2Qo31VASCo CAMINO DIABLO CONSTRUCTION rev 2ADC
ER :JS
5128!2003
*VR-3 7 ,
!1
EXHIBIT 1161
PLAT TO ACCOMPANY
EXHIBIT "All lJ
! LINE DATA TABLE !
No. ' Bearing Length Co I
_1
IS 58" 38'26°' E 78.21'
k L2 S 49" 02!08" E 15.57'
L3 S 30" 03'23" E 55.33' i
PT "A7° � SCALE_
,"-100'
° L4- N 470 03155" W 34.19 � L19 - �. L7 `` �
L5 N '30" 03'23'` W. .20.97' ' _ l L2 PARCEL 1
�6 N 49" 02108" W 13.05' N L6
� PARCEL 2
L7 N 58" 35'25" W 28.41' L5J L4
L8 1N 47" 03'50" W 60.94' C/o
L9 EN 47" 03'55" W 49.98' �
L10 IN 47" 03'50" W 37.69' > SPT PiP]it L13
"1 'S 70° 14'48" E 44.50° i
L12 'S 70" 14'48" E 67.73' PARCEL 3
L13 N 19' 45'13" E 10.00' L18-- L25 3
1
L14 S 70" 14`48" E 25.52' 0 PARCEL
L15 S 29" 20'421' E 9:3.85' C5 - L23 C)
+ L16 N 44" 38'18" VJ 13.04' co00
CU
Liz N 29" 20'42" W 59.41'
L18 N 70014'48" W 23.23' Apr- 0 CIO
= 1 D
L19 N 42" 56'18" E 70.021 IN
`L20IN 47" 03'541° W 21.56` C/ , N
1-21 N 47" 03155'° W 132.81' L24
L22 p N 44" 38118" W 105.04' L26
IL23S 44" 27'31" E 184.68' L L27
11-24 IS 45- 3212911 W1 10.00' L28
2 5 i7 "
N 44" 27'3„° , 182.39' 1 N PT
L26i N 450 32'29” E 10.00,
!L271S 44" 27'31" E 15.83° i
L8 N 44° 27'31" W !4 .00° VR-36 1 L20 PARCEL 5
� L16
iris¢rument : Grant ,Scale: 1:1011 0cate: MAY 2003 j
� .�ra,.t Geed
Rrawn By. PP lChecked By: JS �
Series No. Recorded
ICad File: RW409702B.dgn
3
TO: BOARD OF SUPERVISORS
FROM: MAURICE M.SHIU, PUBLIC WORKS DIRECTOR
DATE: MAY 18, 2004
SUBJECT: Approve Rental Agreement with Steve and Jennifer Hudson. Martinez area. District II.
[CP 01-82]
Project No. 0662-6R4157
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Rental Agreement
with Steve and Jennifer Hudson, effective March 1, 2004 through October 31, 2004.
11. Fiscal lmpact:
The Rental Agreement is for a term of eight months, and provides for a monthly rental fee payment of
$500.00• The fees will be deposited in the County Road Fund.
111. Reasons for Recommendations and Background:
The County has an Order For Possession for the property located at 4653 Pacheco Blvd., Martinez,
for the realignment of Pacheco Boulevard. Steve and Jennifer Hudson currently operate Hudson
Excavation at this location and are in the process of relocating to a new site. The County agreed to
enter into a rental agreement which will ensure occupancy of the site.
IV. Consequences of Negative Action:
Incur added expenses for temporary rl>,"
Continued on Attachment: SIGNATURE:
_,_,RECOMMENDATION OF OF COUNTY ADMINISTRATOR
-Z,-,APPROVE
RECOMMENDATION OF BOARD COMMITTEE
OTHER
SIGNATURE(S�-
ACTION OF BOAR ON MAY 18, 2004 APPROVED AS RECOMMENDED XX OTHER
VOXTXE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT NONE }
AYES; NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN; minutes of the Board of Supervisors on the
date shown.
LLo:eh MAY 18, 2004
G:\GrpData\RealProp\2004-Fi!es\BOs&RESBOhudson.doc ATTESTED:
JOHN SWEETEN, clerk of the Board of
Orig. Div: Public Works(R/P) Supervisors and County Administrator
Contact: L. Lucy Owens(313-2229)
cc: County Administrator By Deputy
Auditor-Controller(via R/P)
P.W.Accounting
Recorder(via R/P)
L. Dalziel, Board Orders Clerk Specialist,Adm.
Name: Steve and Jennifer Hudson
DBA Hudson Excavation
Address: 4653 Pacheco Blvd.
City: Martinez
RENTAL AGREEMENT
TABLE OF CONTENTS
Page
1. TERM........................................................................................................ 1
2. RENT ........................................................................................................ 1
3. UTILITIES ................................................................................................. 1
4. REPAIRS AND MAINTENANCE............................................................... 1
5. SUBLETTING............................................................................................2
6. ALTERATIONS .........................................................................................2
7. TERMINATION BY TENANT ....................................................................2
8. USE OF PREMISES .................................................................................2
9. HOLD HARMLESS....................................................................................2
10. INSURANCE............................................................................................3
11, WASTE, QUIET CONDUCT ....................................................................4
12. NO NOTICE TO VACATE........................................................................4
13. INSPECTION OF PREMISES..................................................................5
14. TERMINATION BY COUNTY...................................................................5
15, COUNTY'S RIGHT OF ENTRY.............................. .................................5
16. WAIVER................................................................................................... 5
17. WRITTEN AGREEMENT............................---...................................—.5
18. HAZARDOUS SUBSTANCES .................................................................5
19. PUBLIC USE............................................................................................6
20. SEVERABILITY........................................................................................6
21. TIME IS OF THE ESSENCE....................................................................6
RENTAL AGREEMENT
This Agreement is hereby executed in duplicate on ,byand
between CONTRA COSTA COUNTY hereinafter designated as "COUNTY,,, and the
undersigned, designated as "TENANT," who hereby agrees to rent property owned by
COUNTY, described as 4653 Pacheco Blvd., Martinez, CA, Assessor's Parcel No. 161-
261-004, hereinafter referred to as the "Premises".
TENANT hereby jointly and severally approves, agrees, and consents to the
following terms and conditions:
1, TERM: The term of this tenancy shall be commencing March 1, 2004, continuing
until October 31, 2004.
2. RENT: The rent for the use of the above Premises shall be$500.00 per month and
TENANT agrees to pay said rent in advance on or before the 1st day of each
calendar month so long as tenancy continues.All checks and money orders should
be made payable to CONTRA COSTA COUNTY and mailed to:
CONTRA COSTA COUNTY
Public Works Department
Attention: Accounting Division
255 Glacier Drive
Martinez, CA 94553
3. UTILITIES: All utilities shall be in TENANT's name, and TENANT shall pay
promptly when due all gas, electric, water, garbage and other utility bills applicable
to the Premises during TENANT`s occupation, and TENANT shall save COUNTY
harmless therefrom.
4. REPAIRS AND MAINTENANCE: The Premises are rented on an "AS IS" basis.
TENANT acknowledges that, as of the commencement of this Agreement, the
Premises are in a condition fit for human occupation and in a clean and tenantable
condition.
TENANT shall keep Premises in a clean, decent, safe,and sanitary condition; free
from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
TENANT shall maintain and repair the interior and exterior of the Premises
including, but not limited to, windows, plumbing, and electrical lighting and wiring.
TENANT shall maintain landscaping and perform weed abatement to the demised
Premises.
TENANT shall not charge to the COUNTY the cost of any repairwork performed or
ordered done by the TENANT without the express prior written approval of the
COUNTY to do so.
TENANT shall take every care to prevent fires and not keep gasoline, solvents or
other combustible materials or substances on the Premises, In the event that the
1
............................................................................................................................................................................................................................................................................................................................
Premises are destroyed by fire, this Agreement shall immediately terminate.
TENANT shall not allow non-operating vehicles or parts thereof to remain on the
Premises following the expiration of the term or earlier termination of this
Agreement.
6. SUBLETTING: TENANT shall not assign this tenancy or any interest therein and
shall not sublet said Premises or any part thereof. Any such assignment or
subletting without the COUNTY's consent shall be void and shall, at COUNTY's
option, terminate this tenancy.
6. ALTERATIONS: TENANT agrees not to make or suffer any alterations to be made
in or on said property without first obtaining the written consent of COUNTY.
7. TERMINATION BY TENANT:TENANT will give the COUNTY thirty(SU)days notice
of intention to move or vacate the property. And upon vacating, agrees to leave
same in a neat, clean, orderly condition,allowing,of course,for ordinary and normal
usage during occupancy; and to reimburse COUNTY for any damage done to said
property caused by TENANT's occupancy or tenancy, other than that due to normal
use. Upon vacating, TENANT agrees to restore property to the same or better
condition.
6. USE OF PREMISES TENANT shall only use the Premises for the existing
excavation business and for no other purpose. TENANT agrees to subscribe to an
authorized garbage disposal service on a weekly basis. TENANT will keep and
maintain property and all landscaping in a neat, clean, and orderly condition at all
times during occupancy, and not permit rubbish, garbage, weeds, etc., to
accumulate at any time, nor commit,suffer or permit any waste of said Premises or
any acts to be done in violation of any laws or ordinances, nor use or permit the use
of said Premises for any illegal or immoral purposes, including but not limited to
illegal use or sale of drugs. TENANT shall comply with all State laws and local
ordinances concerning said property and the use thereof.
TENANT agrees not to support, permit or maintain any nuisance or about any part
of the Premises. TENANT further agrees to conduct and cause other persons who
are on the Premises with his consent to conduct themselves in a manner,which will
not disturb his neighbors' peaceful enjoyment of their accommodations and which
will be conducive to maintaining the Premises in a decent, safe, and sanitary
condition.
9. HOLD HARMLESS: TENANT shall defend, indemnify, save, protect, and hold
harmless COUNTY, its officers,and employees from any and all claims,costs, and
liability, including reasonable attorneys' fees, for any damage, injury or death,
including without limitation all consequential damages from any cause whatsoever,
to persons or properly, arising directly or indirectly from or connected with this
Agreement, including, but not limited to, any act undertaken pursuant to the
Agreement, or the TENANT's use or possession of the Premises, save and except
claims or litigation arising from the sole negligence or sole willful misconduct of
COUNTY, its officers or employees, and, if required by COUNTY, will defend any
such actions at the sole cost and expense of the TENANT.
2
10. INSURANCE: COUNTY will not keep TENANT's personal property insured against
fire, or any other insurable risks, and TENANT waives the right to claim damages
from the COUNTY for any damage resulting to said property in the event it is
damaged or destroyed by fire or any other cause.
TENANT waives the right to claim damages from COUNTY for any damage or loss
resulting to any property owned by the TENANT or stored on the Premises, in the
event that it is damaged, destroyed or lost as a result of fire, theft or any other
cause,
10.A. COMPREHENSIVE GENERAL_ LIABILITY INSURANCE; Tenant shall at its own
cost and expense procure and keep in force during the term of this Lease
comprehensive bodily injury liability and property damage liability insurance
adequate to protect Landlord, its officers, agents and employees, against any
liability to the public resulting from injury or death of any person or damage to
property in connection with the area, operation or condition of the Premises,
including any and all liability of Landlord for damage to vehicles parked on the
Premises. Such insurance shall be in an amount of not less than $5,000,000
combined single limit for bodily injury and property damage. The limits of such
insurance shall not limit the liability of Tenant. All insurance required hereunder
shall be with companies to be approved by Landlord. All such policies shall be
written as primary policies, not contributing with and not in excess of coverage
which Landlord may carry. Said policies shall name the County as an additional
insureds and shall insure against the contingent liabilities, if any, of Landlord and
the officers, agents, and employees of Landlord and shall obligate the insurance
carriers to notify Landlord, in writing, not less than thirty (30) days prior to the
cancellation thereof, or any other change affecting the coverage of the policies. If
said policies contain any exclusion concerning property in the care; custody or
control of the insured, an endorsement shall be attached thereto stating that such
exclusion shall not apply with regard to any liability of Contra Costa County of
California, its officers, agents, or employees. Tenant shall furnish to Landlord a
Certificate of Insurance acceptable to Landlord within not more than ten (10) days
after execution thereof. Landlord shall retain the right at any time to review the
coverage, form, and amount of the insurance required hereby. If, in the opinion of
Landlord,the insurance provisions in this Lease do not provide adequate protection
for Landlord and for members of the public using the Premises, Landlord may
require Tenant to obtain insurance sufficient in coverage, form and amount to
provide adequate protection. Landlord's requirements shall be reasonable but shall
be designed to assure protection from and against the kind and extent of the risks
which exist at the time a change in insurance is required. Landlord shall notify
Tenant in writing of changes in the insurance requirements: and if Tenant does not
deposit copies of acceptable insurance policies with Landlord incorporating such
changes within sixty (60) days of receipt of such notice, this Lease may be
terminated, at Landlord's option, without further notice to Tenant, and be of no
further force and effect.
10.B. WORKERS'COMPENSATION INSURANCE:Tenant shall obtain and keep in effect
at all times during the term of this lease workers'compensation insurance, including
3
........ .. .. ...................................................... .. .............. ..
....................................................................................................................................................................................................... ....... .......... ..........
employers' liability, in an amount not foss than $1,000,000 for each accident,
covering all employees employed in or about the Premises to provide statutory
benefits as required by the laws of the State of California. Said policy shall be
endorsed to provide that the insurer waives all rights of subrogation against
Landlord.
10.C. FAILURE TO PROCURE AND MAINTAIN INSURANCE: If Tenant fails to procure
or maintain the insurance required by this Article in full force and effect, this Lease
may be terminated immediately by Landlord and be of no further force or effect. in
addition, if Tenant fails to procure or maintain the insurance required by this Article,
Tenant shall cease and desist from operating any business on the Premises and the
improvements erected thereon and shall prevent members of the public from
gaining access to the Promises during any period in which such insurance policies
are not in full force and effect.
11. WASTE, QUIET CONDUCT: TENANT shall not commit, or suffer to be committed,
any waste upon said Premises, or any nuisance or other act or thing which may
disturb the quiet enjoyment of other residents in the neighborhood.
12. NO NOTICE TO VACATE: Tenant agrees to vacate the Premises no later than
October 01, 2004, without notice from County. In the event that Tenant fails to
vacate the Promises on or before October 31,2004,Tenant agrees to pay County a
penalty of Twenty and No1100 Dollars ($20.00) per day ("Penalty") immediately
upon County's written demand. The Penalty shall accrue up to and including the
date that Tenant finally vacates the Premises as mutually determined by County
and Tenant. In the event that Tenant fails to pay the Penalty to County in full after
County's written demand, 1) Tenant hereby agrees that the total amount of the
Penalty shall be deducted from any amount that is owed by County to Tenant,
including but not limited to relocation benefits related to Tenant's (only relocation
entitlement is as owner not tenant) move from the Premises, and 2) County, or its
authorized agents, may enter upon► the Premises and remove Tenant's personal
property therefrom and, in this event,TENANT expressly waives any and all claims
for damages against COUNTY, its agents or employees. Tenant expressly
recognizes that it is not entitled to receive benefits under the federal or state
Uniform Relocation Assistance Acts(United States Code, title 42, Section 4601, et
seq.; California Government Code, Section 7260, et seq.) as a result of Landlord's
use or possession of any portion of the Premises.
4
IS. INSPECTION OF PREMISES: COUNTY reserves and shall have the right by its
agents or employees to enter on said Premises at any and all reasonable times to
inspect said Premises, after notifying TENANT at least twenty-four ( 4) hours in
advance of the inspection.
In an emergency, COUNTY may eater the Premises at any time without securing
prior permission from TENANT for the purpose of making corrections or repairs to
alleviate such emergency.
14. TERMINATION BY COUNTY: COUNTY may terminate this Agreement at anytime
in the event of a violation on TENANT's part of any of the terms or conditions herein
by giving written notice to TENANT to surrender possession of the Premises.
15. COUNTY'S RIGHT OF ENTRY: TENANT shall not vacate or abandon the
Premises at any time during the term of this Agreement. if COUNTY's right of
reentry is exercised following abandonment of the Premises by TENANT then
COUNTY may consider any personal property belonging to TENANT and left on the
Premises to have been abandoned, in which case COUNTY may dispose of all such
personal property in any manner it shall deem proper and is hereby expressly
relieved of all liability for doing so.
16. WAIVER: The waiver by COUNTY of any breach of any term,covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or
condition herein contained.
17. WRITTEN AGREEMENT: Neither party has relied on any promise or representation
not contained in this Rental Agreement. All previous conversations, negotiations,
and understandings are of no further force or effect. This Rental Agreement may be
modified only by a writing signed by both parties. The headings of the paragraphs
are for convenience only and are not a part of this Rental Agreement; nor shall they
be considered in construing the intent of this Rental Agreement.
18. HAZARDOUS SUBSTANCES: TENANT shall not store, keep, or use hazardous
substances on the Premises. TENANT acknowledges that hazardous substances
may permanently and materially impair the value and use of real property.
A "Hazardous Substance" is defined to mean any substance, material or waste,
including asbestos and petroleum (including crude oil oranyfraction thereof),which
is or becomes designated, classified or regulated as being "toxic," „hazardous", a
"pollutant" or similar designation under any federal, state or local law, regulation or
ordinance.
TENANT agrees to defend, save, protect, indemnify and hold COUNTY harmless
from and against all liabilities, claims, actions, foreseeable and unforeseeable
consequential damages, costs, and expenses(including sums paid in settlement of
claims and all consultant, expert and legal fees and expenses of COUNTY's
counsel) or loss directly or indirectly arising out of or resulting from the presence of
any hazardous substance as a result of TENANT's activities, in or around any part
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of the property, including those incurred in connection with any investigation of site
conditions or any clean-up, remedial, removal or restoration work, or any resulting
damages or injuries to the person or property of any third parties or to any natural
resources.
19. PUBLIC USE: TENANT understands and agrees that this property has been
acquired for a future public use and will be available as rental property only in the
interim between the time of acquisition and its development for public use.
C. SEVERABILITY: The validity or illegality of a provision shall not affect the
remainder of the Agreement.
1. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this
agreement.
COUNTY OF CONTRA COSTA,
A political subdivision of TENANT-
the State of California
� r
Pub' rks Director Steve Hudson
RECOMMENDED FOR APPROVAL: By: �
en fifer Hudson
By: -
Principal Real Property Agent
LO:gpp:eh.
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3116/04
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