HomeMy WebLinkAboutCalifornia State University Fresno Association Inc.-Training Space for Specialized Training Programs Focused on COVID-19 Vaccination for Medical Professionals_D-21-077.pdf3.2.21FHDPH PEC Page 1 of 5
AUXILIARY ORGANIZATION SUBLEASE WITH
COUNTY OF FRESNO
(March 1, 2021 – June 30, 2021)
This Sublease, dated and effective as of March 1, 2021, is between California State University, Fresno
Association, Inc. (hereinafter called "Sublessor,") and County of Fresno (hereinafter called "Sublessee").
WHEREAS, Sublessor entered into a Master Lease Agreement on July 1, 2016 (incorporated herein by
this reference) (“Master Lease”) with the Trustees of the California State University (“Trustees”), and
WHEREAS, in said Master Lease, the Trustees authorize the President of California State University,
Fresno (“University”) to approve a sublease for any portion of the leased premises, and
WHEREAS, Sublessee wishes to sublease from Sublessor and Sublessor wishes to sublease to Sublessee
certain spaces within the Student Recreation Center so that Sublessee may offer specialized training
programs focused on COVID-19 vaccination for medical professionals.
WHEREAS, the President of the University acknowledges his approval of this Sublease by signing this
Sublease, and
WHEREAS, the continuance of the term of this Sublease past the current term of the Master Lease is
contingent on the renewal of the Master Lease.
NOW, THEREFORE, Sublessor and Sublessee hereby agree as follows:
1. Sublessor hereby subleases to Sublessee the following real property: Peters Educational Center
and other common areas (a total of 6,521 square feet), all located within the Student Recreation
Center located at 5010 N. Woodrow Avenue, Fresno, California, to be used for training.
Sublessee has inspected and approves of the condition of the Premises and leases the Premises in
an “as is” condition.
2. The term of this Sublease shall be from March 1, 2021 until June 30, 2021, unless sooner
terminated as herein provided.
3. Sublessee agrees to pay to Sublessor rent inclusive of utility and custodial costs in the sum of
Two Hundred and Fifty Dollars ($250) per day.
4. Where possible, Sublessee shall provide at least two (2) two business days’ notice for use of
space so that Sublessor can ensure the space is clean, ready for use and proper staffing can be
arrange to ensure cleanliness of space while in use.
5. Sublessee shall supply all equipment, inventory, supplies, management, and labor necessary for
the delivery of specified training programs.
6. The Premises shall be used during the term hereof solely for the purposes of operating a training
site. Hours of operation of the Premises are subject to change at the needs and discretion of the
Sublessor. The rights granted by Sublessor to Sublessee under this section 6 are provided on a
non-exclusive basis.
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7. Sublessee shall not assign or sublet this Sublease.
8. Sublessor reserves the right to enter and inspect the Premises at reasonable times and to render
services and make any necessary repairs to the Premises. It is Sublessee’s obligation to keep the
Premises in a neat, safe, and clean condition.
9. Sublessee shall fully indemnify, defend and hold harmless Sublessor, University, the Trustees,
the State of California, and each of their officers, agents, representatives, administrators, boards,
committees, officers, directors, board members, and employees from and against any and all
liabilities, costs, expenses, suits, settlement amounts, penalties, claims and damages from any
cause or causes whatsoever in any way arising out of Sublessee's business activity, possession or
use of the Premises under this Sublease or any extension hereof. The provisions of this section 9
shall survive any termination or expiration of this Sublease.
10. Sublessee agrees to make no alterations to the Premises, including, but not limited to, all
modifications and permanent fixtures, without the prior written approval of Sublessor, which
approval may be granted or denied in Sublessor’s sole discretion. Any and all alterations,
modifications, and/or fixtures that are approved by Sublessor shall be made at Sublessee’s sole
cost and expense, which cost and expense shall include any direct or indirect expenses incurred
by the Sublessor. Sublessee shall at all times keep the Premises free of liens. All such
alterations, modifications and/or fixtures shall be constructed or installed in accordance with
University policies and requirements and pursuant to terms and conditions to which Sublessee
and Sublessor mutually agree prior to the initiation of such construction or installation efforts.
Sublessor reserves the right to require Sublessee to secure, at Sublessee’s own cost and expense,
security bonds in amounts reasonably determined by Sublessor to ensure Sublessee’s faithful
performance of any alterations or modifications to the Premises, and/or payment of all costs and
expenses related thereto.
11. Sublessee shall not violate nor allow to be violated any Federal, State, or local law, and any such
violation shall constitute a breach of this Sublease. Sublessee shall not violate nor allow to be
violated any policy, regulation, or rule of the Trustees, or of the University or Sublessor, and any
such violation that continues for a period of fourteen (14) days following receipt by Sublessee of
a notice indicating such violation(s), shall constitute a breach of this Sublease.
12. Should Sublessee occupy the Premises after the date of expiration of this Sublease, such holding
over shall be on a month-to-month basis subject to the terms and conditions of this Sublease.
13. Sublessee agrees to comply with all the terms of the Master Lease insofar as they are applicable
to Sublessee.
14. Upon termination or expiration of this Sublease, Sublessor shall have the option to require
Sublessee, at Sublessee’s own expense and risk, to restore the Premises as nearly as possible to
the condition existing prior to the execution of this Sublease, reasonable wear and tear excepted.
15. This Sublease may not be amended, changed, modified, or altered without the written consent of
Sublessor, Sublessee and the University President.
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16. Sublessee recognizes that its use may coincide with other uses of Sublessor and/or University
property, and agrees that it will so organize its use and activities as to cause as little disruption as
possible to such uses of the Sublessor and/or University buildings and equipment.
17. Sublessee shall exercise care in the use of Sublessor facilities and shall comply with guidelines
to reduce excessive wear or damage. Sublessee agrees to keep the Premises in a clean and
orderly condition and to remove all waste material at the conclusion of this Sublease.
18. Sublessee shall maintain all necessary Workers’ Compensation Insurance, as required by reason
of employment of personnel, and Unemployment Insurance. Sublessee shall also at all times
maintain comprehensive or commercial form general liability insurance, written on an
occurrence basis that provides no less than the following coverage limits: Two Million Dollars
($2,000,000.00) combined single limit per occurrence coverage for personal injury, property
damage, and advertising injury. As to all insurance policies required by this paragraph 18,
Sublessor shall have the right to periodically review the appropriateness of the coverage type,
scope and/or limits and to reasonably require an increase therein or change thereto upon ninety
(90) days prior written notice to Sublessee, all at Sublessee’s sole cost and expense. Immediately
after execution by Sublessee of this Sublease, and at all times thereafter, Sublessee shall provide
Sublessor certificates of insurance and policy endorsements evidencing compliance with this
paragraph 18.
a. Sublessor, the State of California, University, the Trustees, and each of said entities’
agents, representatives, administrators, boards, committees, officers, directors, board
members, employees, and affiliated organizations shall be covered as additional insureds
(“additional insureds”) to the comprehensive or commercial general liability insurance
policy secured by Sublessee pursuant to this paragraph 18 pursuant to an endorsement to
said insurance policy. Any insurance or self-insurance maintained by any of the
additional insureds shall be in excess of Sublessee’s insurance and shall not contribute
with or to it. Sublessee’s insurance shall be primary as to all insurable events occurring
hereunder, and any deductible shall be the sole financial responsibility of Sublessee.
The insurance coverage policies required to be carried by Sublessee pursuant to this
paragraph 18 shall be endorsed to reflect that the insurer waives all rights of subrogation
against all of the additional insureds.
b. Each insurance policy required by this paragraph 18 shall be endorsed to state that
coverage shall not be canceled by Sublessee except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to Sublessor.
19. Sublessee shall be responsible for the payment of all taxes arising out of its operations, including
but not limited to income taxes and personal property taxes. Additionally, Sublessee is advised
that inasmuch as the Premises are owned by the State of California, Sublessee’s use of the same
for the purposes specified herein may constitute a possessory interest that is subject to taxation
from the applicable governmental agency. Sublessee agrees to timel y pay any such possessory
interest tax, regardless of whether the same is assessed in the name of Sublessor or Sublessee or
any other entity. Sublessee will indemnify, defend and hold Sublessor, the University and the
Trustees harmless from the payment of the taxes referenced herein. The provisions of this section
19 shall survive any termination or expiration of this Sublease.
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20. Any notice, consent or other communication given pursuant to this Sublease will be in writing
and will be effective either (a) when delivered personally to the party for whom intended, (b) on
the second business day following mailing by an overnight courier service that is generally
recognized as reliable, (c) on the fifth day following mailing by certified or registered mail,
return receipt requested, postage prepaid, or (d) on the date transmitted by telecopy as shown on
the telecopy confirmation therefor as long as such telecopy transmission is followed by mailing
of such notice by certified or registered mail, return receipt requested, postage prepaid, in any
case addressed to such party as set forth below or as a party may designate by written notice
given to the other party in accordance herewith.
To the Sublessor:
California State University, Fresno Association, Inc.
Attn.: Executive Director
2771 E. Shaw Avenue
Fresno, Ca 93710-8205
FAX: (559) 278-0989
To the Sublessee:
County of Fresno
Attn.: Director of Internal Services
333 W. Pontiac Way
Clovis, CA 93612
(559) 600-6200
rbash@fresnocountyca.gov
21. This Sublease may be terminated upon any of the following occurrences:
a. Upon the breach of any material provision of this Sublease.
b. Upon expiration of the Sublease term as set forth in section 2.
c. Upon termination of the Master Lease by the Trustees of The California State University
(or by the University on behalf of the Trustees), for administrative necessity or for any
other reason which gives the Trustees the right to terminate the Master Lease under the
terms of that document. In such situation, termination of this Sublease shall be effective
upon termination of the Master Lease, and shall not constitute a breach of this Sublease.
d. Upon thirty (30) days’ advance written notice provided to Sublessee indicating
Sublessor’s intent to terminate this Sublease so as to allow Sublessor or the University to
utilize the Premises for purposes benefiting Sublessor’s or the University’s
programmatic needs. Such termination shall not constitute a default or breach of this
Sublease.
e. The terms of this Sublease, and the services to be provided hereunder, are contingent on
the approval of funds by the appropriating government agency. Should sufficient funds not
be allocated, the services provided may be modified, or this Sublease terminated, at any
time without penalty by giving the Sublessor thirty (30) days advance written notice.
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IN WITNESS HEREOF, the parties hereto execute this Sublease on the above date.
California State University, Fresno Association, Inc. County of Fresno
By: By:
Deborah S. Adishian-Astone Robert Bash
Executive Director Director of Internal Services
333 W. Pontiac Way
Clovis, CA 93612
(559) 600-6200
rbash@fresnocountyca.gov
APPROVED:
By:
Saúl Jiménez-Sandoval, Ph.D., Interim President
California State University, Fresno
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