Alameda County

Social Services AGENDA # October 19,2010

Agency Thomas L. Berl<.ley Square 2000 San Pablo Avenue, Oakland. CA 94612 510-271-9100 I Fax: 510-271-9108

Yolanda Baldovlnos ybaldovi2@co.alameda.ca.us Agency Director hltp:/Ialamedasocialservices.org

September 27,2010

Honorable Board of Supervisors County of Alameda 1221 Oak Street, Suite 536 Oakland, California 94612-4305

Dear Board Members:

SUBJECT: APPROVE SEVENTH AMENDMENT OF LEASE WITH DOLLINGER HARBOR BAY ASSOCIATES FOR THE SOCIAL SERVICES AGENCY SPACE AT 1351 HARBOR BAY PARKWAY, SUITE 201, ALAMEDA, CALIFORNIA; TOTAL: $762,900.

RECOMMENDATION:

A. Approve a Seventh Amendment to the Lease (C-98-277) between Dollinger Harbor Bay Associates (David B. Dollinger, general partner, Redwood City, California), Landlord, and the County of Alameda, Tenant, to extend by one year the lease for 25,430 square feet of office space for the Social Services Agency (SSA) at 1351 Harbor Bay Parkway, Suite 201, Alameda, California. The term of the extension will be from September 1, 2010 through August 3 I, 2011 ; the lease cost wi II be $762,900; and

B. Authorize the President of the Board of Supervisors to execute the Lease Amendment after Counsel review.

DISCUSSION/SUMMARY:

Located at the 1351 Harbor Bay site since September 1997, SSA uses this building to house its data center as well as its scanning and telephone hotline services. The Harbor Bay lease expired on August 31, 2010. SSA is currently in the process of reviewing its long-term plan for relocating its operations from the Harbor Bay site and needs additional time to evaluate all available alternatives. SSA is requesting that the current lease be extended for one fmal year.

Honorable Board of Supervisors --2-- September 27> 2010

The following is a summary of the terms of this amendment:

1. The term of this full-service, gross lease is extended for one final year and shall expire on August 31, 2011

2. GSA negotiated a monthly reduction in rent in the amount of$2,543. The new monthly Base Rent shall be $63,575.

FrNANCING:

Appropriations for the current fiscal year prorated lease payments of $63 5,750 are included in the FY 2010/11 SSA approved budget. Annual appropriations will be requested in the subsequent year for the remaining tenn of the lease. There will be no increase to net County cost.

Respectfully submitted,

,jJfiA~~ q~[~~~91 ~1J f~anda Baldovinos Director, Social Services Agency Director, General Services Agency

I:\BOARD LETIERS\REAL PROPERrnU:TIERS\SSA I-YEAR LEASE EXTENSION - lJS) HARBOR BAY.DOC

Attachment

cc: Susan S. Muranishi, County Administrator Patrick J. O'Connell, Auditor-Controller Richard E. Winnie, County Counsel

r ORIGINAL SEVENTH AMENDMENT TO LEASE

This Seventh Amendment To Lease (the "Seventh Amendment") is made and entered into as of this __ day of 2010, by and between Dollinger Harbor Bay Associates ("Landlord"), a Cali fomia limited partnership, and County of Alameda (''Tenant''), a po litical subdivision 0 f the State of California, wi th reference to the following facts:

RECITALS

A. Landlord's predecessor and Tenant entered into that certain Lease dated November 4, 1997 as amended whereby Tenant is leasing from Landlord and Landlord is leasing to Tenant that certain real property located at 1351 Harbor Bay Parkway, Alameda, California, containing approximately 25,430 rentable square feet (the "Extended Premises") as set forth in the Third Amendment.

B. Landlord and Tenant mutually desire to modify certain provisions of the Lease to extend the term 0 f the Lease to expire on the August 31, 20 10 as defined below.

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows:

I. Except as otherwise stated in the Seventh Amendment, (a) all initially capitalized terms in this Amendment shall have the respective defined meanings stated in the Lease, and (b) the terms and provisions of the Amendment shall be considered effecti ve as of the later 0 f the dates set forth on the signature page of this Amendment ("Effective Date").

2. Tenn: Commencing September 1, 20 10, the Lease Term as to the Extended Premises shall be extended so that the Lease Expiration Date shall be August 31, 201 I.

3. Monthly Payment: Effective September 1,2010, the monthly Base Rent shall be $63,575.00

Except as otherwise set forth herein and, to the extent necessary to give effect to the provisions hereof, the terms and conditions of the Lease shall remain unmodified and in full force and effect. In the event of any conflict between the terms and conditions of this Seventh Amendment sha II prevai l.

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LANDLORD:

Dollinger Harbor Bay Associates, A California limited partnership

By D&M Investors Fund [ LLC, a Califomia llmited Liability company, Its General ramJer

By D&M Ventures, a California limited partnership, Its Managing Member

By David Dollinger Living Trust, Its General Parmer

BY: -_--=-.:=----=--------"=--'

NAME: __1>-,-",-,,-~---=c ....:;....L_L_· _• "--_:)--+­

DATE: ----""-------- ­

TENANT:

County of Alameda, a political subdivision of the State of California

BY: _

NAME: _

DATE:

Approved as to Fonn: Richard E. Winnie County Counsel

BY:

1hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on and that a copy has been delivered to the President as provided by Government Code Section 251 OJ.

Date: _ Attest:

Clerk of the Board of Supervisors for County of Alameda State of Cali fomi a

APPROVED AS TO FORM

:~C~A~ 2