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Home My WebLink AboutA-96-639 James York.pdf5 10 15 20 25 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 COUNTY OF FRESNO Frelno. California L-131 Sheriff LEASE AGREEMENT THIS IS A LEASE, dated No (. 19 19~ between NAC I PARTNERS, a J general partnership, clo Beacon Associates, 1483 W. Shaw, Fresno, CA 93711 (Mary Stone, 222-2693) (hereinafter individually and collectively called the "LESSOR", whether one or more), and the COUNTY OF FRESNO, a political subdivision of the State of California, 2220 Tulare Street, 16th Floor, Fresno, CA 93721, (hereinafter called the "LESSEE"), covering the following described premises: 1. DESCRIPTION -Approximately 10,800 square feet of office space and 41 parking spaces, including adjacent lot, located at 1256 Divisadero, Fresno, CA, hereinafter referred to as the "premises." 2. TERM - LESSOR leases to LESSEE the above described premises for a primary term of five (5) years commencing on January 1, 1997, or completion of the improvements mentioned in Paragraph 15, whichever is later, and ending five (5) years thereafter. Should LESSEE retain possession after terminating said lease as provided in Clause No.9 and 13, LESSEE shall become a tenant on a month to month basis on the same terms and conditions as herein provided and leasehold may be terminated by giving at least thirty (30) days prior written notice. 3. RENT - LESSEE shall pay on or about the 1st of each month a monthly base rent (the "Base Rent") in the amount of $6,500 for the first 30 months of the primary term and $6,825 for the remainder of the primary term. In addition to the Base Rent, LESSEE shall pay a remodeling rent (the "Remodeling Rent"). The Remodeling Rent shall be computed as the monthly amount required to fully amortize the actual cost of improvements (which shall not exceed $45,000) referenced in Paragraph 15 over the five (5) year primary term at an interest rate of 10%. Said amount is estimated to be $956.00 per month. 4. UTILITIES - LESSEE is responsible for all utilities, including telephone. 5. USE - LESSEE shall use the leased premises for the purpose of the accommodating the Sheriffs Forensic Laboratory and training needs. LESSEE agrees to 1 5 10 15 20 25 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 COUNTY OF FRESNO Fresno. California comply with all applicable laws, ordinances and regulations in connection with its use of the premises. LESSOR covenants that said premises are suitable for the intended use of LESSEE and are in compliance with all applicable laws, ordinances and regulations for said use. 6. MAl NTENANCE - All exterior and interior maintenance, and repair of air conditioning, heating units and roof is to be the responsibility of the LESSOR, excluding janitorial service and supplies. The LESSOR is also responsible for the structural condition of the building and agrees that the building will always be maintained in a condition acceptable for the LESSEE's intended use of the premises. This will include exterior painting as needed. 7. MAINTENANCE. NON-PERFORMANCE - In the event LESSOR neglects, fails or refuses to maintain said premises as aforesaid, within fifteen (15) days after written notice has been given by LESSEE, LESSEE may, notwithstanding any other termination provisions contained herein: A. Terminate this lease; or B. At LESSEE's sole option, cure any such default by performance of any act, including payment of money, and subtract the cost thereof plus reasonable administrative costs from the rent. 8. LIABILITY - This lease is made upon the expressed condition that the LESSEE is to be free of all liability and damages or injury arising from structural failures or from external cause to walls, glass, doors, roof and floor. This Lease acknowledges that as between LESSOR and LESSEE, LESSEE is responsible for the negligence of its employees. 9. NON-FUNDING. TERMINATION - The term of this lease is contingent on the approval of funds by the appropriating governmental agency. Should funds not be allocated, this agreement may be terminated at any time by giving the LESSOR thirty (30) days prior written notice. Should LESSEE exercise its option to terminate under this Paragraph within the primary five (5) year lease term, LESSEE shall pay to LESSOR, within sixty (60) days after lease termination date, an amount equal to the unamortized principal balance of the cost of the improvements made under Paragraph 15 at an annual interest rate of 10% for five (5) years. 10. SURRENDER OF POSSESSION - It is mutually understood that upon any termination of this lease, LESSEE will surrender premises to LESSOR in original condition less 2 5 10 15 20 25 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 COUNTY OF FRESNO Fresno. California reasonable wear and tear and will not be responsible for any damage or destruction which LESSEE was not obligated hereunder to repair or replace. 11. FIXTURES - It is further mutually understood and agreed that any equipment, fixtures or apparatus installed in or on said premises by the LESSEE, with the permission of LESSOR, shall continue to be the property of the LESSEE and shall be removed by the LESSEE without recourse at the expiration of tenancy. 12. RIGHT OF ENTRY - LESSOR, or his representatives, shall have the right to enter said premises during business hours at any time during the term of this lease to make any alteration, repair or improvement to said building, or the premises, which he or she deems convenient for the maintenance or preservation thereof provided always that the normal business of LESSEE or its invitees shall not be unnecessarily inconvenienced. 13. OPTION TO RENEW - It is further understood and agreed that LESSOR gives to LESSEE an option to renew this Lease and continue on the premises under the same terms and conditions on a year to year basis after the primary term. Said option will be automatically exercised each year unless either LESSOR or LESSEE advises the other to the contrary by giving at least a ninety (90) day written notice before the last day of the then current lease term. 14. RENT INCREASE - Should LESSEE remain in occupancy after the primary term as provided in Paragraph 13, rent shall increase 3% each year and shall become effective the first day of each additional one year term. 15. IMPROVEMENTS TO PREMISES - LESSOR shall make and pay for the improvements to the premises as shown on drawings, plans and specifications, given to and signed off by the Sheriff Department prior to occupancy by LESSEE. LESSEE'S portion of the cost for said improvements shall not exceed $45,000 which LESSEE shall pay LESSOR monthly as detailed in Paragraphs 3 and 9. Any modifications requested by LESSEE shall require prior approval of LESSOR. 16. VENUE - Venue for any action arising out of or relating to this Lease shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this Lease shall be governed in all respects by the laws of the State of 3 5 10 20 15 25 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 COUNTY OF FRESNO Fresno, California California. 17. NOTICES - Any notice required or intended to be given to either party under the terms of this Lease shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, with postage prepaid, addressed to the party at the address previously stated herein. 18. ENTIRETY -SUCCESSION - This lease merges and supersedes all prior negotiations, representations, and contracts, and constitutes the entire agreement concerning LESSOR'S leasing of the premises to LESSEE and the consideration therefore. This agreement shall be binding on and inure to the benefit of LESSOR'S heirs, successor and assigns. EXECUTED as of the date first herein written. LESSOR NAC I PARTNERS APPROVED AS TO ACCOUNTING FORM: LESSEE MOV 19 1996 GARY W. PETERSON, COUNTY OF FRESNO AUDITOR-TROLLERlTR TAX C TOR By t::::4,..-/5"4;,: Chairman, Board of Supervisors ATTEST: Shari Greenwood, Clerk Board of Supervisors BY~b De uty Budget No. 3110-1406 Acct. No. 7340 Tax ID# L-131.L3 4 5 10 15 20 25 Q-97-000 1 2 3 4 6 7 8 9 11 12 13 14 16 17 18 19 21 22 23 24 26 27 28 COUNTY OF FRESNO Fresno, California L-131 Sheriff FIRST AMENDMENT TO LEASE AGREEMENT THIS AGREEMENT, dated 1£8 .2!5 19[1between NAC J PARTNERS,Ii a general partnership, c/o Beacon Associates, 1483 W. Shaw, Fresno, CA 93711 (Mary Stone, 222-2693)(hereinafter called "LESSOR," whether one or more), and the COUNTY OF FRESNO, a political subdivision of the State of California, 2220 Tulare St. - 16th Floor, Fresno, California 93721, (hereinafter called "LESSEE"); AMENDS the lease dated November 19, 1996, between LESSOR and LESSEE as follows: Paragraph 3. RENT shall be changed in its entirety as follows: "LESSEE shall pay on or about the 1st of each month a monthly base rent (the "Base Rent") in the amount of $6,500 for the first 30 months of the primary term and $6,825 for the remainder of the primary term. In addition to the Base Rent, LESSEE shall pay a remodeling rent (the "Remodeling Rent"). The Remodeling Rent shall be computed as the monthly amount required to fully amortize the actual cost of improvements (which shall not exceed $64;112) referenced in Paragraph 15 over the five (5) year primary term at an interest rate of 10%. Said amount is estimated to be $1,362.07 per month." Paragraph 15. IMPROVEMENTS TO PREMISES shall be changed in its entirety as follows: "LESSOR shall make and pay for the improvements to the premises as shown on drawings, plans and specifications, given to and signed off by the Sheriff Department prior to occupancy by LESSEE. LESSEE'S portion of the cost for said improvements shall not exceed $64,112 which LESSEE shall pay LESSOR monthly as detailed in Paragraphs 3 and 9. Any modifications requested by LESSEE shall require prior approval of LESSOR." THE LEASE, as hereby amended, is ratified and continued. It is the intent of the parties that all other provisions of the Lease Agreement 1 1 2 3 9 4 8 7 5 6 11 10 13 14 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dated November 19, 1996 shall remain unchanged. EXECUTED as of the date herein specified. COUNTY OF FRESNO Fresno, California APPROVED AS TO LEGAL FORM: PHILLIP S. CRONIN, COUNTY COUNSEL By~~~:...tL.....:~.,L--;-=-"":::'::::~t....-_-- RECOMMENDED Budget No. 3110-1406 Acct. No. 7340 Tax 10 # 77-0137059 L-131AMD.L2 ., LESSOR NACIPARTNERS . ~ <7. By '= -/;~:-J-.#"-'-( "(.., fEB' 25 '\891 LESSEE COUNTY OF FRESNO i~..:..._..:...:.. ~ ..J;":':.i!j!~. By lSI Chairman, Board of Supervisors ATTEST: Shari Greenw 0, Clerk Board of Supervisor AI r: