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HomeMy WebLinkAbout64-008 RESOLUTION NO. 64- 8 BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION AUTHORIZING CHAIRMAN TO SIGN o WHEREAS, the County of Butte has been negotiating with the State of California for the lease of space in the Emergency Operating Center, to be used as a State office for Civil Disaster; and WHEREAS, said negotiations have been completed to the satisfaction of both parties; and WHEREAS, it is the desire of the County of Butte to enter into said lease. NOW, THEREFORE, BE IT RESOLVED by the BOARD OF SUPERVISORS of the County of Butte, State of California, that the County of Butte shall enter into said lease to the State of approximately 1,855 square feet in the County's new Emergency Operating Center, said area to be used as a State office for Civil Disaster, a copy of which said Lease is attached hereto and made a part hereof, and that the Chairman of the Board of Supervisors be authorized to execute said lease. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 4th day of February 1964, by the following vote: AYES: Supervisors Giles, Steinegger and Chairman McKillop NOES: None ABSENT: Supervisors Alldredge and Pryde J c i lop Chairman of the pard of Supervisors ATTEST: JESSIE ROGERS, County Clerk and ex-officio clerk of the Board of Supervisors By D4 Y Il STANDARD FORM FOR. 1.1_ Lease covering premises known as No &ideas Orovt1 l'e • lama THIS 4,4x Mack a.64 conned r1,:s 21st 'lay of January , . • *WA.bNTY OF et ng , , • , . , - heftiness,called she Lessor,without distinction as to number or gender,and the State of California by tad thogoal Its duty appointed,qualified and acting D I R ECTOR OF GENERAL SERV I CFS ivitz.itiAl 1.64 ". The parties la sem roureally agree es follows: L The LeSetit hereto/lessee unto the State and the State hereby hires from the Lessor those certain premises situate in the City of Oroville County of Butte State of California,and mere particularly described as follows: Dworkehm Portion containing approxlmately 1,855 net square feet and joirtt use with the County of 13,utte of approximately 6,352 net square feet, all as Shown on attached Exhibit "A"; .on the first floor of that building known 'as the s' Butte County Emergency Operating Center located approx- . imately 2,000 feet north of the junction of Nelson Avenue ' and Highway 40A„ •-- : : . • • Term 2. TO HAVE AND TO HOLD said leased pretoisea, wgerbtx wxth the appurrtaaw:c4 z ,PriYitttSo meats thereunto belonging or appertaining unto the Stare,for the term of_TP.!? (10) Years commencing on the_1 st day of September , 19 614 and ending on the 31s t day of August__ 19 74 , with rental payable by the State in arrears as follows: nee-444sweleed-Twen-ty-and-NeA-1-0-0-•Bo4-1-er -0429:NS-orr-or-*fare'ere' 14sta-sloy.-of-- ob-.eleept,h-tap-,bo-sweet- fudi'reg-Augers -F966 -and-Two-Hansiveti-. and-aleA100-1).14,344—(. 04G)—eft-or-hefore-the•-int--dny-of-ye cfr-month lsennefter-de P.61-2— eve-. Four Huftdred Tweinty anc, ruljars or before the lat day of each nonth Pc)r a 1...er-l_c,d of 24 Piont,hP• froT, date of occuparcy and thereafter Two Fouldr9d and No/100 Dollar ($200.00) or r b?fo.re the last day (..,r ,?acl fcr the rerainder of the terr..s, hereof. II. Dostrassien 12. 11 the demised Prete are totally destroyed by fire 91 other casualn .5 lease shall terminate.If such casualty shall render 10% or less of die floor space of the demised premises unusable for the purpose intended, Lessor shall effect restoration of the promisee as quickly as is reasonably possible but in any event within 30 days. In the mat such casualty shall render more than 10%of such floor space so unusable,Lessor shall forthwith give notice to State of the time required to repair the same.If Lessor under such circumstances shall not give such notice within 15 calendar days after such destruction or if such notice shall specify that such repairs will require more than 90 days to complete from date such notice is given,State,in either such event,at its option,may terminate this lease urn, --r.,•lr-? to Lioct elect t =Awake the Pepsin itself,deducting the cost thereof from the mond due deo ootdtr,l,o1 or any other lease between Lessor and State. thttenet of airy-.oak,...:estruction other than total, where the State has not terminated the lease as herein pr to the terms hereof has not elected to make the repairs itself,Lessor shall diligently prosecute the ,.'apsir of said premises and in any event if said repairs are not completed within the period of 30 days for destruction aggregating 10%of the floor space or less,or within the period specified in Lessor's notice in connectioei with partial destruction aggregating more than 10%,the State shall have the option to terminate this lease or complete the repairs itself,deducting the cost thereof from the rental due or to become due under this or any other lone between Lessor and State. In the event of any each destruction where the State remains in possession of said premises, the rental as herein provided shell be reduced by the same ratio as the floor space the State is thus precluded from occupying bears to the total floor space of the demised premises. QuItie 13. The Lessor agrees that the State, keeping and performing the covenants and agreements herein contained on ;Memel!ses the part of the State to be kept and performed, shall at all times during the existence of this lease peaceably and quiOtly,have,hold and enjoy the leased premises,without suit, trouble or hindrance from the Lessor, or any person ciaipAng under Lessor. Surresalar of 14. Upoo termination of this lease, the Smelt will peaceably surrender to the Lessor the leased premises in as good Parossatou Mkt*la r.qadition as when received,reasonable Mg and wear thereof and damage by earthquake,fire,public calamity, by the elements,by act of God,or by circumstances over which State has no control or for which Lessor is rattan, ollere pulensept to this lease,-eneepted.The State'shell have no duty to remove any improvement or fixture placed by it on the premises or to restore any portion of the premises altered by it,save and except hi the event State elects to , minim thy such improvement or fixture and such removal causes damage or injury to the demised premises, and than only to the extent of any such damage or injury. Rental 15. Rental payable hereunder for any period of time less than thee for which perhedie rand is paid shall be deter- Proration mined-by prorating the rental herein specified for the applicable period. St'bregethm - '114. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein demised waived premises„Lessor releases the State from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer. Tim"Ism"' 17. Time is die essence of this lease,and the terms and provisions of this lease shall extend to and be binding upon Upoo rklae,tc. P.N1 iware to the brr.-5t of th,- az.l.ittr;-trdtcrs,successors and as-signs of the respective F.rrin.z hereto. E- !y iihta 1eieuucler. ttTNt.SS .s.,‘"Erfar0F, this lease LIS been ctecuteci by the parties hereto as of the date first above written. C001 V OF BUTTE : 4.1.....1„,:eat. • • Consent and approval is hereby given the above lease. LESSOli CALIFORNIA DISASTER OFFICE STATE OF CALIFORNIA By Robert 1„ Harkness, Director Department of General Services By LESSEE Etyrecrtore Furne To 33e APP.NVED AS TO FORM i Charged Against 44: COUNS rten Isxm.fuxo-rareter Age 40' 411 L _ . ...-___.. 4044.-.- Amotrerr or Tens Ern:tura G r. •RGE P. Yeenlel Unencumbered remainder after posting this estimate to Allotment Expenditure Ledger Adjustment increasing encumbrances Adjustment decreasing encumbrance ,70,1 olY own personal knowledge that 4,-,4fete •‘',,e-1.“3,4-,-Pe` ' e. III: • . Stoma 3. The State agrees t y the aforesaid rental to Lessor at the address :died in paragraph 6 or,as to installments Peruse thereof not yet due,to .t other address as the Lessor may designate b_ nnotim in writing,upon the eubmission by Lessor of invokes therefor at least 1S days prior to the due dans,to rise Ca l i fo rn 1 a Disaster Office A y Mama atm Agency at P. O. Os:m 9577. AAdteo • City California, e r.�a nh other Smite{ ,rtxy or avricir,5 as the State may m time to rarest alesig to to •z soea waiting. s a 4:1' State,elastin as riga thiaikaigeaWidiagai Writita comae Pt* Ott&shad s, st ;nrtut, andot- tobiets wiiaisksystlies Antin6as/wait am" the oasegary,have the riefietsakier. the Itaso42.pogit_es, Fielding A S. Any. • sayer of 'tdse expiration of the or amyl thereof with the cos 't i of the Lessor, Ann he,Minstrned to be a tenancy from month to month,and shall otherwise be on the terms and conditions herein specified,so far as applicable. • Fetch,, S. All notices herd provided to be given,or which may be given,by either party to the other,shall be deemed to have been fully given when made in writing and depoeited in the United States assail, certified and pottage prepaidi` and addressed as follows: To the Lem at d.Fo Outte County Center 280 Nilsen Avenue Oroville. California and to the State at 1108 "0" Street. Sacramento. California Nothing herein cant ',tined shall preclude the giving of any such written notice by personal service. The adder to which notices shall be mailed as aforesaid to either party may be changed by written notice given by such party to the other,as hereinbefore provided. Termination 9 ".. . 't"t may eminate this lease at any time effect 1 ve 011 or after At{guct 31 s 1071 , by giving notice to the Lessor at least 180 days prior to the date when such termination shall become effective,provided,however,that if this lease has been executed on behalf of the State by an agency or officer other than the Director of General Services, no such termination shall be valid unless approved by the Departmene of General Services. Servieur sad ii. j Lew ebeit furnish to dee State, during tbi Orme ; at Lesaw's 'tole cods, the following servlces.and Daily lean aisld dust all office arm and i ; clean axtd_,usher a.in sanitary condition rent- moms and Wren and furstish tdijt ; diaper of waste sweep s.clean parking area: and maintain leneciped' areas: L butermithent rices—wax doors;clean lighting fixtures,furale§and'replace tubes,bulbs and starters; clean venetian blinds;and wash windows.The foregoing shall be performed as may be necessary to keep the demised premises in a clean and presentable Condition and to continuously furnish proper lighting throughout the ; demised premises. rurim Rap 61£2,,1i ,�.._ ....n, Lesaii.i shall iseep the lees-ed peer s-s reget"c.: soh�.Sv.sCt.2 i_�• _. t {pple, L::, s, rights, � _}y� .icing thereto, in good Ler, cc fel •• ios_eatCo�ELrsic:a, of rife eLi-viitei.,plumbing,beating,electrical, air conditioning and v:t t eiiee ee:rig:em;feel f..urns ta the ein;, thee all tueh iacilitics are kept in an operative condition except in case of damage arising from the act of negligesuc of the Stare's agents, invitees or employees. Maintenance shall include but is not limited to furnishing and replacing electrical light fixture ballasts and air conditioning and ventilating equipment filter pads, In case Lessor shall, after notice in writing from the State requiring the Lessor to comply with the requirements of this paragraph in regard to a specified condition, fail, refuse or neglect to comply herewith, or in the event of an emergency constituting a hazard to the health or safety of the State's employees, property, or invitees, it shall then be lawful for the State, in addition to any other remedy the State may have, to make such repair at its own cost and to deduct the amount thereof from the rent that may then be or thereafter become due hereunder. Alterations, 10. The Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to snake any necessary repairs to the premises. 11. The State shall have the right during the existence of this lease to make alterations,attach fixtures and erect • additions,structures or signs in or upon the leased premises. Such fixtures, additions, structures or signs so placed in , or upon or attached to the leased premises under this lease or any prior lease of which this lease is an extension or renewal shall be and remain the property of the State and may be removed therefrom by the State prior to the termi- nation of this lease or any renewal or extension thereof,or within a reasonable time thereafter.