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 CITY COUNCIL AGENDA ITEM NO. 07

Meeting Date: March 12, 2002

Subject/Title: Amend Lease for Brentwood Education and Business Center

Submitted by: Howard Sword, Director of Economic Development

Approved by: John Stevenson, City Manager

RECOMMENDATION 
Approve Amendment No.1 to Lease between the City of Brentwood and Los Medanos College regarding Parking and Janitorial Services and Approve an increase of $12,000.00 to the Open Purchase Order from $120,000.00 to $132,000.00 for Advanced Maintenance System.

PREVIOUS ACTION
On December 19, 2001, the City of Brentwood, “Landlord”, and Los Medanos College, “Tenant”, executed a Lease for the Brentwood Education and Business Center.

On February 26, 2002, an Open Purchase Order of $120,000.00 was approved for Advanced Maintenance System for Janitorial Services.

BACKGROUND
The Shopping Center has approximately 175 parking spaces. Tenant’s users shall have the right of first come, first served basis to these 175 parking spaces. Tenant acknowledges Landlord’s right to schedule events in which the parking shall be controlled by Landlord on weekends and holidays.

The initial Lease required the Landlord to provide certain janitorial services to Tenant. The Tenant has requested additional janitorial services. The landlord will be invoiced by the janitorial service company. These additional janitorial costs will be paid by the Landlord, and then the Tenant will be billed for these additional cost. Due to the attached Amendment an increase of $12,000.00 is required for the previous Open Purchase Order for Advanced Maintenance System.

FISCAL IMPACT
None. This is a direct pass through of expense.

Attachment:
Amendment No.1














AMENDMENT NO. 1
TO LEASE
BRENTWOOD EDUCATION AND BUSINESS CENTER

THIS AMENDMENT NO. 1 is entered into on March ___, 2002 by and between CITY OF BRENTWOOD (“Landlord”) and CONTRA COSTA COMMUNITY COLLEGE DISTRICT (“Tenant”).

WHEREAS, on December 19, 2001, the Landlord and Tenant executed a Lease of the Brentwood Education and Business Center;

WHEREAS, the Landlord and Tenant have agreed that the janitorial serves should be amended to allow additional janitorial services than originally provided, subject to certain terms specified in the amended Paragraph 32 of the Lease. 

NOW, THEREFORE, IT IS AGREED as follows:

1. Section 32 of the original agreement, entitled Parking and Janitorial Services, shall be amended as follows:

32. Parking and Janitorial Services

The Shopping Center has approximately 175 parking spaces. Tenant’s users shall have the right of first come, first served basis to these 175 parking spaces. Tenant acknowledges Landlord’s right to schedule events in which the parking shall be controlled by Landlord on weekends and holidays, notwithstanding the above provisions. 

For the first ten years of this Lease, the Landlord agrees to provide janitorial services after 10:00 p.m. Monday through Friday but this janitorial service shall be limited to maintaining adequate toilet supplies, cleaning toilet areas, vacuuming once a week the common hallways, cleaning classrooms, and waste paper collection. 

The Landlord’s Lease with the Tenant required the Landlord to provide certain janitorial services. The Tenant has requested additional janitorial services. The Landlord will be invoiced by the janitorial service. These additional janitorial costs will be paid by the Landlord. Landlord will then bill the Tenant for these additional janitorial services as part of the lease. The janitorial service vendor will provide the Landlord with an invoice(s) separating the delivered services into two parts, those paid by the Landlord under the original lease and those to be billed as additional services by the Landlord to the Tenant. Services, frequency and costs shall include a description of janitorial services invoiced. This description shall accompany the Landlord’s invoice to the Tenant.

2. All other terms of the original agreement shall remain unchanged.


CITY OF BRENTWOOD CONTRA COSTA COMMUNITY 
COLLEGE DISTRICT


_________________________ ___________________________ 
John Stevenson, City Manager 



ATTEST:


_________________________
Karen Diaz, CMC, City Clerk


Approved As to Form:


_______________________
Dennis Beougher, City Attorney