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HomeMy WebLinkAboutMINUTES - 04102007 - C.63 _ 8 L TO: BOARD OF SUPERVISORS "` -`` ' :.,,•� CONTRA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES °'• •�� '`.��-�- "�� COSTA DATE: APRIL 10, 2007- COUNTY rq couN'�' SUBJECT: LEASE FOR THE PREMISES AT 22 ORINDA WAY, ORINDA FOR , OCCUPANCY BY THE CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT (CP 07-16, WLP567) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE a Lease with the City of Orinda, commencing May 1, 2007, and ending April 30, 2010, for approximately 1,911 square feet of office space located at 22 Orinda Way, Orinda, for occupancy and use by the County's Building Inspection Department, under the terms and conditions set forth in the Lease. 2. AUTHORIZE the Director of General Services, or designee, to EXECUTE the Lease. 3. DETERMINE that the project is a Class 1 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 County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Community Development Department and County Clerk for filing of the Notice of Exemption. FINANCIAL IMPACT This Lease will obligate the County to pay rent of approximately $274,680 over the three-year term of the Lease. The current fiscal year Lease payments of $14,520 are budgeted in the Building Inspection Department's FY 2006/07 budget. Rent payments for the duration of the Lease term will be budgeted by the Building Inspection Department on a fiscal year basis. CONTINUED ON ATTACHMENT: YES SIGNA=4�g Lf ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _j_.tF'kOVE _OTHER SIGNATURE(S): ACTION OF BOA APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISO )k(NANIMOUS(ABSENT) ���///-� _ AVES:_NOES: ABSENT:_IV ABSTAIN: —) MEDIA CONTACT: MICHAEL J.LANGO(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 Real Estate Services Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. Auditor-Controller(via RES) /O i Risk Management(via RES) ATTESTED Building Inspection Department(via RES) JOHN ILLEN,CLERK OF HE BOA D OF SUPERVISORS City of Orinda(via RES) ND C UNTY ADMINISTRATOR BY ©c DEPUTY I:\LeaseMgt\Board Orders\2007-04-1 0\220rindaWaybdol.doc SBV:tb Page 1 of 2 M382(10188) LEASE FOR THE PREMISES AT 22 ORINDA WAY, April 10, 2007 ORINDA FOR OCCUPANCY BY THE CONTRA COSTA COUNTY BUILDING INSPECTION BACKGROUND The City of Orinda is providing office space in the new City Hall for use by the County's Building Inspection Department. The Lease provides for Building Inspection's use of approximately 1,911 square feet of office space to conduct and provide its building inspection services to the City of Orinda. The rent for the space will commence either on May 1, 2007, or upon completion of the new City Hall, whichever is later. The lease is a full service lease, however, the County will pay its share of the electric bill. There is a sixty-day termination clause in the lease that may be exercised by either party. There is no option to extend this lease. I:\LeaseMgt\Board Orders\2007-04-10\220rindaWaybdol.doc SBV:tb Page 2 of 2 M382(10188) LEASE BETWEEN CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AND THE CITY OF ORINDA FOR 22 ORINDA WAY ORINDA, CALIFORNIA TABLE OF CONTENTS SECTION A: BASIC TERMS AND CONDITIONS A.I. PARTIES....................................................................................................... 1 A.2. LEASE OF PREMISES ................................................................................ 1 A.3. TERM............................................................................................................ 1 A.4. RENT ............................................................................................................ I A.5. USE OF PREMISES..................................................................................... 2 A.6. UTILITIES AND JANITORIAL.................................................................. 2 A.7. MAINTENANCE AND REPAIRS .............................................................. 4 A.8. NOTICES...................................................................................................... 4 A.9. EXHIBITS AND ATTACHMENTS ............................................................ 5 A.10. WRITTEN AGREEMENT........................................................................... 5 A.11. TIME IS OF THE ESSENCE ....................................................................... 5 A.12. SIGNATURE BLOCK.................................................................................. 6 SECTION B: STANDARD PROVISIONS B.1. HOLDING OVER......................................................................................... 7 B.2. HOLD HARMLESS ..................................................................................... 7 B.3. ALTERATIONS, FIXTURES, AND SIGNS............................................... 7 B.4. DESTRUCTION........................................................................................... 8 B.5. QUIET ENJOYMENT.................................................................................. 8 B.6. DEFAULTS .................................................................................................. 8 B.7. SURRENDER OF PREMISES................................................................... 10 B.8. SUCCESSORS AND ASSIGNS ................................................................ 10 B.9. SEVERABILITY........................................................................................ 10 B.10. WASTE, NUISANCE................................................................................. 11 B.11. INSPECTION ............................................................................................. 11 SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE ............................................................... 12 C.2. INSURANCE.............................................................................................. 12 C.3. SERVICE BY LESSOR.............................................................................. 12 CA. HAZARDOUS MATERIALS .................................................................... 13 C.5. PRIOR POSSESSION ................................................................................ 13 C.6. CANCELLATION...................................................................................... 14 C.7. OFFICE EQUIPMENT............................................................................... 14 EXHIBITS EXHIBIT A: PREMISES DIA:SRV 220rindaWaylease2.doe Daft Version 3/22/2007 7:50:00 nM LEASE BETWEEN CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AND THE CITY OF ORINDA FOR 22 ORINDA ORINDA, CALIFORNIA SECTION A: BASIC TERMS AND CONDITIONS A.1. PARTIES: Effective on the CITY OF ORINDA, a municipal corporation, 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 portion of the building commonly known as 22 Orinda Way, Orinda, California (the "Building"), consisting of approximately 1,911 square feet of first floor office space referred to herein as the "Premises," and more particularly described in Exhibit "A," attached hereto and made a part hereof, together with the nonexclusive use of the Building's common areas and parking lot. A.3. TERM: The term of this Lease shall be three (3) years, commencing May 1, 2007 ("Commencement Date") and ending April 30, 2010 ("Term"). A.4. RENT: COUNTY shall pay to LESSOR as rent ("Rent") for the use of the Premises a monthly rental of SEVEN THOUSAND TWO HUNDRED SIXTY AND NO/100 DOLLARS ($7,260.00) ("Rent") during the first year of this Lease. Rent shall commence on May 1, 2007, or upon completion of LESSOR'S improvements to the Premises, whichever is later. Rent shall be payable in advance on the tenth day of each month, and Rent for any partial month shall be prorated at the rate of 1/30t" of the applicable monthly Rent per day. 1 DRA:S13V 220rindaWaylease2.doc Draft Version 3/22/2007 7:50:00 AM The amount of Rent payable hereunder shall be adjusted annually by the one-year change in the Consumer's Price Index ("CPI") described herein, beginning on the first anniversary of the Commencement Date and every anniversary thereafter ("Adjustment Date") during the Term. The CPI used herein shall be the Consumer Price Index, All Urban Consumers (CPI-U), All Items (1982 — 1984 = 100), for the San Francisco — Oakland — San Jose area, as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index. On each Adjustment Date, the monthly Rent shall be increased by a percentage equal to the percentage increase in the CPI during the most recent previous twelve (12) month period for which the CPI is reported. However, the adjusted Rent amount shall in no case be increased by less than two and one-half percent (2.5%) or by more than five percent (5%) per year over the amount of the previous year's Rent. COUNTY shall be responsible for calculating the adjusted Rent payable and shall submit both the adjusted Rent, and a statement showing the adjusted Rent and the manner in which it was computed, to LESSOR for its approval. Payments shall be mailed to: City of Orinda, Finance Department, 22 Orinda Way, Orinda, CA 94563. A.5. USE OF PREMISES: The Premises shall be used during the Term for the purpose of conducting various functions of the COUNTY'S Building Inspection Department. A.6. UTILITIES AND JANITORIAL: LESSOR shall pay for all gas, water, sewer, refuse collection, and janitorial services provided to the Premises, and COUNTY shall reimburse LESSOR for only COUNTY'S pro rata portion of the electricity provided to the Building. The COUNTY'S pro rata share shall be based on the Premises' square footage divided by the square footage of the Building. As of the Commencement Date, the COUNTY'S pro rata share of the electricity expense shall be fourteen percent (14%) (1,911 square feet divided by 13,907 square feet, which is the total square footage of the 2 URA:SBV 220rindaW ayleaseldoc Draft Version 3/22/2007 7:50:00 AM Building). COUNTY shall be billed no more than quarterly by LESSOR for its portion of the electricity reimbursement. 3 DRn:SBV 220rindaWaylcaascldoc Draft Version 3/22/2007 7:50:00 nM A.7. MAINTENANCE AND REPAIRS: A. LESSOR 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. LESSOR shall keep and maintain the interior of the Premises in good order, condition, and repair, and 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. C. LESSOR shall repair and maintain the electrical, lighting, water, and plumbing systems in good order, condition, and repair. D. LESSOR shall maintain and repair the heating, ventilating, and air- conditioning systems in good order, condition, and repair. E. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and exterior lighting system in good order, condition, and repair. F. LESSOR 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. LESSOR shall thereafter maintain, repair, and replace the extinguishers in good order, condition, and repair. G. COUNTY shall not suffer any waste on or to the Premises. H. LESSOR shall be responsible for the correction of any code violations which may exist in the Premises. AX 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 snail 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: 4 DRA:SBV 220rind aWayleasel doc Draft Version 3/22/2007 7: 0:00 AM To LESSOR: City of Orinda City Manager 22 Orinda Way Orinda, CA 94563 To COUNTY: Contra Costa County General Services Department Real Estate Services Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 A.9. EXHIBITS 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. A.10. 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. This Lease will not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Both parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply to the interpretation of this Lease. A.11. TIME IS OF THE ESSENCE of each and all of the terms and provisions of this Lease. 5 DR-A:SQV 220rindaWayleaseldoc Draft Version 3/22/2007 7:50:00 AM A.12. SIGNATURE BLOCK COUNTY LESSOR COUNTY OF CONTRA COSTA, a CITY OF ORINDA, a municipal Political subdivision of the State of corporation California By By Janet Keefer Michael J. Lango City Manager Director of General Services APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: By B Osa Wolf By City Attorney Dick R. Awenius Real Estate Manager APPROVED AS TO FORM: SILVANO B. MARCHESI, County Counsel By Eric S. Gelston Deputy 6 DRA:SBV 220rindaW aylease2.doc Draft Version 3/22/2007 7:50:00 AM LEASE BETWEEN CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AND THE CITY OF ORINDA FOR 22 ORINDA WAY ORINDA, CALIFORNIA SECTION B: STANDARD PROVISIONS B.I. HOLDING OVER: Any holding over after the Term 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 HARMLESS: COUNTY agrees to defend, indemnify, and hold harmless the LESSOR 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 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 the LESSOR'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 LESSOR, its officers, agents or employees. B.3. 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 Lease. Any such alterations, signs or fixtures shall be at COUNTY'S 7 DRA:SBV 220rindaWaylcaseldoc Draft Version 3/22/2007 7:50:00 AM sole cost and expense, and all signs shall meet with existing code requirements and LESSOR'S approval. B.4. DESTRUCTION: A. In the event of damage causing a partial destruction of the Premises during the Term of this Lease 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 unusable by COUNTY. B. If such repairs cannot be made in sixty (60) days, LESSOR may, at its option, make the same within a reasonable time, the Rent to be proportionately reduced as provided in the previous Subsection. 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 tenninated 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 Lease. B.5. QUIET ENJOYMENT: LESSOR covenants that COUNTY shall at all times during the Term 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 perfonns hereunder. B.6. DEFAULTS: The occurrence of any of the following shall constitute an Event of Default under this Agreement: 8 URA:SBV 220rindaWayleaseldoc Drali Version 3/22/2007 7:50:00 AM A. Event of Default by COUNTY: 1. COUNTY'S failure to pay any Rent within ten (10) business days after written notice of failure from LESSOR to COUNTY. If payment is not made within ten (10) business days of said written notice due to circumstances beyond the reasonable control of COUNTY, which circumstances may, without limitation hereby, include failure of COUNTY to 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 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 default under the Lease unless COUNTY 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. 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, LESSOR'S failure to perform shall constitute a default under the Lease unless LESSOR has attempted to cure the default within said thirty (30) day period and has diligently and 9 DRA:SBV 220rindaW ayl easel.doe Draft Version 3/22/2007 7:50:00 AM 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 Premises 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. SURRENDER 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 tennination 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. 10 DRn:SBV 220rinda W ay►easel doc Draft Version 3/22/2007 7:50:00 AM 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 of the Building in which the Premises are located. COUNTY shall conform its use and occupancy of the Premises to the standards and modes of use applicable to a first-class office building. 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. 11 DRA:S13V 220rindaWayleascldoc Daft Version 3/22/2007 7:50:00 AM LEASE BETWEEN CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT AND THE CITY OF ORINDA FOR 22 ORINDA ORINDA, CALIFORNIA SECTION C: SPECIAL PROVISIONS C.1. ASSIGNMENT OR SUBLEASE: COUNTY shall not have the right to assign this Lease or sublease the Premises or any part thereof at any time during the Term of this Lease. C.2. INSURANCE: Throughout the Term of this Lease, COUNTY, at its sole cost and expense, shall maintain in full force and effect, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use. COUNTY shall provide LESSOR a letter of self-insurance indicating the aforementioned provisions are in effect and naming LESSOR as an additional insured. The COUNTY'S self-insurance coverage does not extend to those areas to be maintained by the LESSOR under this Lease nor to negligence, willful misconduct or other intentional act, error or omission of LESSOR, its 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. 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 LESSOR: It is understood and agreed LESSOR shall provide janitorial services and certain remodeling or like services beyond those which are the LESSOR'S responsibilities as specified in Paragraph A.7, as requested by COUNTY 12 URA:SBV 220rindaW ayleasc2.doc Draft Version 3/22/2007 7:50:00 AM from time to time during the Term of this Lease. COUNTY shall pay to LESSOR as additional rent one hundred percent (100%) of the costs of the service. 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 or all service, or to require different contractors to provide the service. CA. HAZARDOUS MATERIALS: 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, 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 no obligation to clean up or remediate, or to contribute towards the cost of clean up or remediation, of any Iaazardous 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. PRIOR POSSESSION: Commencing on April 1, 2007, COUNTY shall have the right to install fixtures, telephones, and other items required to prepare space for COUNTY'S occupancy and to store furniture, supplies, and equipment where such work 13 DRA:SBV 220rindaWay leaseldoc Urall Version 3/22/2007 7:50:00 AM or storage can be effected without unduly interfering with LESSOR'S completion of the improvements. C.6. CANCELLATION: Either party shall have the right to cancel this Lease at any time with sixty (60) days written notice to the other party. C.7. OFFICE EQUIPMENT: As LESSOR'S Planning Department and COUNTY'S Building Inspection Department will be co-located in the same office suite, LESSOR and COUNTY have agreed to use and share equally the expense of purchasing and maintaining one large format scanner/printer/copier ("Scanner"). When both parties have agreed to the brand, model, and cost to purchase the Scanner, LESSOR will purchase the Scanner, and will install the Scanner within the office suiteused by both parties. LESSOR will bill COUNTY for fifty percent (50%) of the cost of the Scanner, and provide COUNTY with documentation as to the cost. Within fifteen business days of COUNTY'S receipt of sufficient documentation of the cost of the Scanner, COUNTY will reimburse LESSOR for its fifth percent (50%) share of the cost of the Scanner, and any additional expenses to repair and maintain the Scanner during the Term of this Lease. Additionally, LESSOR and COUNTY have agreed to use and share equally the expense to rent and maintain a standard size copier agreed upon by both parties. When an agreed upon copier has been selected, and the monthly rental cost has been determined, LESSOR will provide documentation to COUNTY regarding the monthly rental expense, and COUNTY will reimburse LESSOR monthly for its fifty percent (50%) share of the cost of the monthly rental and any associated maintenance expenses. 14 URA:SBV 220rindaWayleasc2.doc Draft Version 3/22/2007 7:50:00 AM Steve Van Horn From: Eric S Gelston [EGels@cc.cccounty.us] Sent: Wednesday, March 21, 2007 9:04 AM To: SVanHorn Cc: dawenius@gsd.cccounty.us Subject: Building Inspection Dept. Lease of 22 Orinda Way Attachments: Comments to 22 Orinda Way Lease.pdf �� Comments to 22 Orinda Way Leas... Steve, Per your request I have reviewed the above referenced lease. Due to time constraints and General Services' request to have the item considered on the Board's April 3rd agenda, I am transmitting my comments via e-mail. Attached is a hand marked copy of the lease (marked pages only) reflecting the comments of the Office of County Counsel. Once the noted changes have been made, please send me a clean and redlined copy of the lease concurrent with the lease being sent to the CAO. Please contact me should you have any questions. I will be out of the office after 2pm on Thursday, returning on Monday. Regards, Eric S. Gelston Deputy County Counsel Contra Costa County Counsel's Office 651 Pine Street, 9th Floor Martinez, CA 94553 Tel.: 925.335.1812 Fax: 925.646.1078 e-mail: egels@cc.cccounty.us (See attached file: Comments to 22 Orinda Way Lease.pdf) The information contained in or accompanying this e-mail is intended only for the use of the stated recipient and may contain information that is confidential and/or privileged. If the reader is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this e- mail is strictly prohibited and may constitute a breach of confidence and/or privilege. If you have received this e-mail in error, please notify the sender immediately or contact our office by phone at 925-335-1800. i