HomeMy WebLinkAboutAgreement A-22-099 with Sunnyside Square Investments Inc..pdfL-083 Sunnyside Library
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LEASE AGREEMENT
THIS LEASE AGREEMENT (“Lease”) is made and entered into this_____ day of
_______________, 2022 (the “Effective Date”), by and between SUNNYSIDE SQUARE
INVESTMENTS, INC., a California corporation, located at 2141 Tuolumne, Suite K, Fresno,
CA 93721 (“LESSOR”), and the COUNTY OF FRESNO, a political subdivision of the State of
California, located at 333 W. Pontiac Way, Clovis, CA 93612 (“LESSEE”). LESSOR and
LESSEE may be referred to in this Lease individually as a “Party” or collectively at times as
the “Parties”.
1.PREMISES - LESSOR hereby leases to LESSEE the real property at the
location commonly known as 5566 E. Kings Canyon Road, Fresno, CA 93727, which includes
a building containing approximately 18,033 square feet (16,033 square feet on the ground
level and 2,000 square feet on the second level) (the “Building”), together with adjacent
parking stalls within a shopping center on the southwest corner of East Kings Canyon Road
and South Clovis Avenue (the “Premises”).
2.TERM – The initial term of this Lease shall be for one (1) year, commencing on
April 1, 2022, through and including March 31, 2023 (the “Initial Term”). This Lease may be
extended for four (4) additional consecutive one (1) year periods, upon the written approval of
both parties no later than ninety (90) days prior to the first day of the next one (1) year
extension period. In no event shall the term of this Lease extend beyond March 31, 2027. The
Director of Internal Services/Chief Information Officer or his/her designee is authorized to
execute such written approval on behalf of the LESSEE.
3.RENT AND COMMON AREA MAINTENANCE – LESSEE’s obligation to pay
rents and any other amounts due under the Agreement shall be subject to LESSEE’s
constitutional debt limitation (Article XVI, Section 19 of the California Constitution). LESSEE
shall pay to LESSOR without offset, demand or prior notice, fair market rent (hereinafter
“Rent”) for the Premises on or before the first of each month according to the schedule as
depicted on Exhibit A, which is attached and incorporated by this reference. In addition to
Rent, LESSEE shall pay a monthly Common Area Maintenance (“CAM”) fee, equal to
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LESSEE’s share of the CAM. LESSEE’s proportionate share of the CAM costs shall be equal
to the ratio of LESSEE’s ground floor square footage (16,033 square feet) of the leased
Premises to the total square footage of all building space in the shopping center, not to
exceed 25% of the total building space.
4.This section intentionally left blank.
5. UTILITIES – LESSEE shall pay for metered costs associated with its use of
utilities, including water, sewer, garbage, gas, and electricity. LESSEE shall procure and pay
for telecommunications services that LESSEE requires in its use of the Premises.
6.MAINTENANCE – LESSOR, at LESSOR’s sole cost and expense, shall
maintain and keep the Premises in good order, condition, and repair, and in good sanitary
condition, including, but not limited to, all exterior and interior maintenance and repair of:
HVAC systems, plumbing systems, electrical systems, interior and exterior lighting, including
ballasts, fire sprinkler systems and alarms, bird and pest control, mechanical systems, roof,
landscape, parking lot, and parking lot lighting. LESSOR is also responsible for, at LESSOR’s
sole cost and expense, the structural condition of the Building on the Premises, 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 and interior painting as needed due to
normal wear and tear. LESSOR covenants that the Premises shall be maintained in
substantially the same condition as that existing at the commencement of this Lease, normal
wear and tear excepted.
LESSEE shall provide for its own janitorial services, be responsible for toilet
stoppages caused by its employees or invitees, and repair of electrical doors. In the event
that damage to the Premises is caused by LESSEE’s negligence to properly supervise its
patrons, it will be LESSEE’s responsibility to remedy the condition by making the necessary
repairs at its expense.
7.USE - LESSEE intends to use the Premises as library space and all ancillary
services associated with said use, and/or for the use of any other County Department, office,
or agency. LESSEE shall strictly comply with all applicable laws, ordinances and regulations
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in connection with such use.
LESSOR covenants that the Premises are suitable for the intended use. LESSOR
covenants that the Premises are in compliance with all applicable laws, ordinances, and
regulations including but not limited to safety regulations, health and building codes, for use
as office space, and that the Premises shall remain in such compliance throughout the Term
of this Lease.
8.This section intentionally left blank.
9.COMPLIANCE WITH ALL LAWS – If any work is undertaken at the Premises
by or on behalf of LESSOR, LESSOR shall comply with, and shall ensure compliance by all
contractors and subcontractors with, all applicable laws and regulations, including the
payment of prevailing wages pursuant to Section 1770 et seq. of the Labor Code.
It is LESSOR’s sole responsibility to ensure compliance with California Labor Code
§§1770-1780 and any regulations or directions promulgated thereunder by the DIR to the
extent legally applicable to said work. To the extent legally applicable to said work, LESSOR
shall insert in any contract with its contractor(s), and further shall require its contractor(s) to
insert in any subcontract, the requirements contained in California Labor Code §§1770-1780.
LESSEE has made no representations upon which LESSOR has relied, and under no
circumstances shall LESSEE be responsible for any violation of any wage or employment
law, regulation or DIR requirement. Compliance with said laws, regulations and DIR
requirements is the sole responsibility of LESSOR and its contractor(s).
10.INDEPENDENT CONTRACTOR - In performance of the work, duties and
obligations assumed by LESSOR under this Lease, it is mutually understood and agreed that
LESSOR, including any and all of the LESSOR'S officers, agents, and employees, will at all
times be acting and performing as an independent contractor, and shall act in an independent
capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate of
LESSEE. Furthermore, LESSEE shall have no right to control or supervise or direct the manner
or method by which LESSOR shall perform its work and function. However, LESSEE shall retain
the right to administer this Lease so as to verify that LESSOR is performing its obligations in
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accordance with the terms and conditions thereof.
LESSOR and LESSEE shall comply with all applicable provisions of law and the rules
and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, LESSOR shall have absolutely no
right to employment rights and benefits available to the employees of LESSEE. LESSOR shall
be solely liable and responsible for providing to, or on behalf of, its employees all legally required
employee benefits. In addition, LESSOR shall be solely responsible and save LESSEE harmless
from all matters relating to payment of LESSOR’S employees, including compliance with Social
Security withholding and all other regulations governing such matters. It is acknowledged that
during the term of this Lease, LESSOR may be providing services to others unrelated to the
LESSEE or to this Lease.
11.BREACH OF OBLIGATION TO MAINTAIN - In the event LESSOR breaches
its obligation to maintain the Premises as herein provided, LESSEE shall give written notice
to LESSOR within fifteen (15) days of the discovery of such breach. LESSOR shall then have
thirty (30) days from the date of notice to cure its breach; however, if such default continues
beyond thirty (30) days after written notice thereof from LESSEE to LESSOR then LESSOR
will not be in default hereunder if within such thirty (30) day period, LESSOR commences the
curing of such default and diligently and in good faith prosecutes the same to completion.
If the period for cure expires and if, in LESSEE’s sole determination, LESSOR has
failed to cure, then LESSEE may cure LESSOR'S breach and deduct the cost of such cure,
together with reasonable administrative costs, from LESSEE’s future Rent obligations.
LESSEE’s decision to cure LESSOR's breach shall not constitute a waiver of any rights or
remedies that LESSEE may have arising from this Lease or by operation of law.
If LESSOR’s failure to maintain the Premises is of an urgent nature, and impairs
LESSEE’s ability to conduct its business operations, or occupy the Premises, then LESSOR
shall have five (5) business days from notification of the breach to repair the Premises so that
LESSEE may resume operations. If LESSOR fails to satisfactorily perform such repairs, then
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LESSEE may cure the default and deduct the cost from the next month’s rent.
12.This section intentionally left blank.
13.This section intentionally left blank.
14.DESTRUCTION OR DAMAGE FROM CASUALTY - If the Premises are
damaged or destroyed as a result of fire, earthquake, act of God, or any other identifiable
event of a sudden, unexpected, or unusual nature ("Casualty"), then LESSOR shall either
promptly and diligently repair the damage at its own cost, or terminate this Lease as
hereinafter provided.
A.LESSOR'S Election to Repair: If LESSOR elects to repair the Casualty
damage to the Premises, then it shall within thirty (30) days after the date
of Casualty provide written notice ("Notice of Repair") to LESSEE
indicating the anticipated time required to repair, not to exceed 120 days.
LESSOR shall bear the cost of all repairs to the Premises, including the
cost to repair any alterations or fixtures installed or attached thereto by
LESSEE. Such repairs shall restore the Premises to substantially the same
condition as that existing at the commencement of this Lease. Such repairs
shall also be made in compliance with all applicable state and local building
codes. LESSOR shall not be liable to LESSEE for compensation for any
loss of business, or any inconvenience or annoyance arising from repair of
the Premises as a result of the Casualty, except for rent reduction as
hereinafter provided. LESSEE shall be responsible at its sole cost and
expense for the replacement of its personal property.
B.LESSOR'S Election to Terminate Due to Casualty: LESSOR may only
elect to terminate the Lease due to Casualty if the Premises have been
destroyed or substantially destroyed by said Casualty, and the estimated
time to repair the Premises exceeds 120 days from the date of the
Casualty. LESSOR shall provide LESSEE with written notice of its election
to terminate within thirty (30) days after the date of Casualty.
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C. Rent Reduction Due to Casualty: In the event of Casualty, LESSEE’s
obligation to pay Rent, and/or any other amounts otherwise due and
payable to LESSOR shall be abated beginning on the date of the Casualty,
in accordance with Section 14, herein. Such reduction shall be proportional
to the damage caused to the Premises by the Casualty, as determined by
LESSEE. If LESSOR elects to repair the Premises pursuant to the terms of
this Lease, then reduction of Rent, and/or any other amounts otherwise
due and payable to LESSOR shall continue until the date of substantial
completion of repair.
D. LESSEE’S Election to Terminate Due to Casualty: If LESSEE does not
receive a Notice of Repair from LESSOR within thirty (30) days after a
Casualty, or if the anticipated period of repair contained in the Notice of
Repair exceeds 120 days, then LESSEE may elect to terminate this Lease
as hereinafter provided. In such case, LESSEE shall have the right to
demand that LESSOR refund any monies which, in the judgment of
LESSEE, were paid to LESSOR pursuant to the Lease but which were not
earned by LESSOR by consequence of the Casualty. Upon receipt of such
demand, LESSOR shall promptly refund all such monies.
15. TERMINATION – If, pursuant to the terms herein, either LESSOR or LESSEE
have an election to terminate the Lease and so elect, then notice of such termination shall be
made in writing to the non-terminating Party. Such notice shall specify a date of termination
not less than 30 days from the date of said notice. In the case of LESSEE, the County
Administrative Officer or the Director of Internal Services shall have the power to provide such
notice and terminate this Lease.
16. NON-FUNDING TERMINATION – This Lease is contingent on the allocation of
funds by a governmental agency. Should funds not be allocated, this Lease may be
terminated by the Board of Supervisors of the COUNTY OF FRESNO without penalty by
giving at least thirty (30) days prior written notice to termination.
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17. REMEDIES / NO ACCELERATION OF FUTURE RENT OR OTHER
PAYMENTS/AMOUNTS
In the event of a default or breach of this Lease by LESSEE, LESSOR may at any
time thereafter, with or without notice or demand and without limiting LESSOR in the exercise
of any right or remedy which LESSOR may have by reason of such default or breach exercise
any of the following remedies:
(a) Terminate Possession. LESSOR may terminate LESSEE’s right to possession
of the Premises by any lawful means, in which event this Lease shall terminate, and LESSEE
shall immediately surrender the Premises to LESSOR.
(b) Perform LESSEE’s Obligations. LESSOR may cure any such breach (including
without limitation causing any required maintenance or repairs to be made or releasing any
lien) and be reimbursed by LESSEE for the costs and expenses related thereto within thirty
(30) business days of written demand from LESSOR. Any such amount shall be deemed
additional Rent hereunder. LESSOR’s performance of any obligation shall not constitute a
waiver of LESSEE’s default or of any of LESSOR’s other remedies with respect thereto.
(c) Other Remedies. LESSOR may exercise any other remedies available at law
or in equity.
(d) Cumulative Remedies. LESSOR’s remedies set forth in this paragraph shall be
in addition to and not in lieu of all other rights at law or in equity LESSOR may possess.
Notwithstanding anything to the contrary contained in this Lease or any right or
remedy of which LESSOR may otherwise avail itself pursuant to applicable law, any right of
LESSOR to recover any Rent, and/or any other amounts otherwise due and payable to
LESSOR as provided in this Lease shall be without acceleration of any future Rent, and/or
any other amounts otherwise due and payable to LESSOR before they are due and payable
hereunder. LESSOR hereby expressly waives its right to accelerate Rent, and/or any other
amounts otherwise due and payable to LESSOR in the event of a termination of this Lease,
pursuant to California Civil Code section 1951.2.
18. HOLD HARMLESS – LESSOR agrees to indemnify, save, hold harmless, and
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at LESSEE’s request, defend LESSEE and each of its officers, agents, officials, and
employees from any and all costs and expenses (including attorney’s fees and costs),
damages, liabilities, claims, and losses occurring or resulting to LESSEE in connection with
the performance, or failure to perform, by LESSOR, its officers, agents, or employees under
this Lease, and from any and all costs and expenses (including attorney’s fees and costs),
damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the performance, or failure to perform of
LESSOR, its officers, agents, or employees under the Lease. This Lease is made upon the
expressed condition that LESSEE shall be free of all liability, damages or injury arising from
structural failures of the leased Premises, including, but not limited to external walls, glass,
doors, roof, and floor.
The Parties acknowledge that as between LESSOR and LESSEE, each is responsible
for the negligence of its own employees and invitees. This Section 18 shall survive expiration
or termination of this Lease.
19.INSURANCE
A. LESSOR – Without limiting the LESSEE’s right to obtain indemnification
from LESSOR or any third parties, LESSOR, at its sole expense, shall
maintain in full force and effect, the following insurance policies or a
program of self-insurance, including but not limited to, an insurance pooling
arrangement of Joint Powers Agreement (JPA) throughout the term of this
Lease:
i.Commercial General Liability - Commercial General Liability
Insurance with limits of not less than Two Million Dollars
($2,000,000) per occurrence and an annual aggregate of Four
Million Dollars ($4,000,000). This policy shall be issued on a per-
occurrence basis. COUNTY may require specific coverages
including completed operations, products liability, contractual
liability, Explosion-Collapse-Underground, fire legal liability, or any
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other liability insurance deemed necessary because of the nature of
this contract.
ii. Property Insurance – Against all risk of loss to property, at full
replacement cost with no coinsurance penalty provision.
iii. Worker’s Compensation - A policy of Worker’s Compensation
insurance as may be required by the California Labor Code.
LESSOR shall obtain endorsements to the Commercial General Liability insurance
naming the County of Fresno, its officers, agents, and employees, individually and collectively,
as additional insureds, but only insofar as the operations under this Lease are concerned. Such
coverage for additional insureds shall apply as primary insurance and any other insurance, or
self-insurance, maintained by LESSEE, its officers, agents, and employees shall be excess
only, and not contributing with insurance provided under LESSOR’S policies herein. This
insurance shall not be cancelled or changed without a minimum or thirty (30) days advance
written notice given to LESSEE.
LESSOR hereby waives its right to recover from LESSEE, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by
this Agreement. LESSOR is solely responsible to obtain any endorsement to such policy that
may be necessary to accomplish such waiver of subrogation, but LESSOR’s waiver of
subrogation under this paragraph is effective whether or not LESSOR obtains such an
endorsement.
Within (30) days from the date LESSOR executes this Lease, LESSOR shall provide
certificates of insurance and endorsement as stated above for all of the foregoing policies, as
required herein, to the County of Fresno, Attn: ISD Lease Services (L-083), 333 W. Pontiac
Way, Clovis, CA 93612, stating that such insurance coverages have been obtained and are in
full force; that the County, its officers, agents and employees will not be responsible for any
premiums on the policies; that for such worker’s compensation insurance the CONTRACTOR
has waived its right to recover from the COUNTY, its officers, agents, and employees any
amounts paid under the insurance policy and that waiver does not invalidate the insurance
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policy; that such Commercial General Liability insurance names the County, its officers, agents,
and employees, individually and collectively, as additional insured, but only insofar as the
operations under this Lease are concerned. Coverage for additional insured shall apply as
primary insurance and any other insurance, or self-insurance, shall not be cancelled or changed
without a minimum of thirty (30) days advance, written notice given to County.
In the event LESSOR fails to keep in effect at all times insurance coverage as herein
provided, LESSEE may, in addition to other remedies it may have, suspend, or terminate this
Lease upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of
California. Insurance shall be purchased from companies possessing a current A.M. Best
Company rating of A FSC VII or better.
B. LESSEE – Shall maintain during the term of this Lease the following
policies of insurance, which coverages may be provided in whole or in part
through one or more programs of self-insurance:
i.Commercial General liability insurance with limits of not less than
Two Million Dollars ($2,000,000.00) per occurrence and an annual
aggregate of not less than Four Million Dollars ($4,000,000.00).
This policy shall be issued on an occurrence basis.
ii.Property insurance covering the personal property of LESSEE.
iii.A policy of Worker’s Compensation insurance as may be required
by the California Labor Code.
20.SURRENDER OF POSSESSION - Upon the expiration or termination of this
Lease, LESSEE will surrender the Premises to LESSOR in such condition as that existing at
the commencement of this Lease, less reasonable wear and tear, less the effects of any
Casualty as herein defined, and less the effects of any breach of LESSOR'S covenant to
maintain. LESSEE will not be responsible for any damage that LESSEE was not obligated
hereunder to repair.
21.FIXTURES - LESSOR agrees that any equipment, fixtures, or apparatuses
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installed in or on the Premises by LESSEE shall continue to be the property of LESSEE, and
may be removed by LESSEE at any time. LESSEE shall pay for the repair of any damage
caused by the removal of fixtures. Any fixtures not removed after LESSEE surrenders
possession shall be deemed abandoned by LESSEE, and become the property of LESSOR.
22. RIGHT OF ENTRY - LESSOR, or its representative(s), upon twenty-four (24)
hour written notice, shall have the right to enter the Premises at any time during business
hours, or at such other time as LESSEE deems appropriate, to make any alterations, repairs
or improvements to the Premises. The normal business of LESSEE or its invitees shall not be
unnecessarily inconvenienced.
23. AMENDMENT - This Lease may be amended in writing by the mutual consent
of the parties without in any way affecting the remainder of this Lease.
24. NON-ASSIGNMENT - LESSEE shall not assign, transfer or subcontract this
Lease, or the rights or duties under this Lease, without the prior written consent of the LESSOR.
25. GOVERNING LAW - Venue for any action arising out of or relating to this
Lease shall be in Fresno County, California. This Lease shall be governed by the laws of the
State of California.
26. NOTICES – The persons and their addresses having authority to give and
receive notices under this Lease including the following:
LESSEE:
County of Fresno (L-083)
Director of Internal Services
333 W. Pontiac Way
Clovis, CA 93612
(559) 600-6200
LESSOR:
Sunnyside Square Investments, Inc.
Attn: Alex Pilibos
2141 Tuolumne, Suite K
Fresno, CA 93721
All notices between LESSEE and LESSOR provided for or permitted under this Lease must
be in writing and delivered either by personal service, by first-class United States mail, or by
an overnight commercial courier service. A notice delivered by personal service is effective
upon service to the recipient. A notice delivered by first-class United States mail is effective
three LESSEE business days after deposit in the United States mail, postage prepaid,
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addressed to the recipient. A notice delivered by an overnight commercial courier service is
effective one LESSEE business day after deposit with the overnight commercial courier
service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed
to the recipient. For all claims arising out of or related to this Lease, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures
provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1
of the Government Code, beginning with section 810).
27. AUDITS AND INSPECTIONS – At LESSEE’s request, LESSOR shall at any
time during business hours, and as often as the LESSEE may deem necessary, make
available to the LESSEE for examination, records and data with respect to the matters
covered by this Lease. The LESSOR shall, upon request by the LESSEE, permit the LESSEE
to audit and inspect all of such records and data necessary to ensure LESSOR'S compliance
with the terms of this Lease.
If this Lease exceeds ten thousand dollars ($10,000.00), LESSOR shall be subject to
the examination and audit of the California State Auditor for a period of three (3) years after
final payment under contract (Government Code Section 8546.7).
28. DISCLOSURE OF SELF DEALING TRANSACTIONS – This provision is only
applicable if the LESSOR is operating as a corporation (a for-profit or non-profit corporation)
or if during the term of this Lease, the LESSOR changes its status to operate as a
corporation.
Members of LESSOR’S Board of Directors shall disclose any self-dealing transactions
that they are a party to while LESSOR is providing goods or performing services under this
Lease. A self-dealing transaction shall mean a transaction to which the LESSOR is a party
and in which one or more of its directors has a material financial interest. Members of the
Board of Directors shall disclose any self-dealing transactions that they are a party to by
completing and signing a Self-Dealing Transaction Disclosure Form Exhibit “B”, attached
hereto and by this reference incorporated herein, and submitting it to the County of Fresno
prior to commencing with the self-dealing transaction or immediately thereafter.
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29.This section intentionally left blank.
30.COUNTERPARTS. This Lease may be executed in one or more counterparts
(which may be facsimile or .pdf e-mail counterparts followed by originals), each of which will
be deemed an original and all, taken together, will constitute one and the same instrument.
31.ESTOPPEL CERTIFICATE. LESSEE shall, at any time upon not less than
thirty (30) days prior request by LESSOR, execute, acknowledge, and deliver to LESSOR a
written estoppel certificate, in form satisfactory to LESSOR, certifying that this Lease is
unmodified and in full force and effect (or, if there have been modifications, that the same is in
full force and effect as modified and stating the modifications) and, if applicable, the dates to
which the Rent and any other charges have been paid in advance. Any such statement
delivered pursuant to this Section 31 may be relied upon by third persons, including a
prospective purchaser or encumbrancer of the Premises.
LESSEE’S failure to execute and deliver an estoppel certificate within thirty (30) days
after LESSEE’S receipt of LESSOR’S written request therefore shall be conclusive upon
LESSEE that this Lease is in full force and effect, without modification, except as may be
represented by LESSOR, that there are no uncured defaults in LESSOR’S performance, that
not more than one month’s rental has been paid in advance, and that all other statements
required to be made in the estoppel certificate are conclusively made.
32.SUBORDINATION AND ATTORNMENT – At LESSOR’S option, this Lease
shall be subordinated to any mortgage or deed of trust which is now or shall hereafter be
placed upon the Premises, and LESSEE agrees to execute and deliver any instrument which
may be necessary to further effect the subordination of the Lease to any such mortgage or
deed of trust. Provided, however, with regard to any mortgage or deed of trust hereinafter
placed upon the Premises, such instrument of subordination shall provide, or the mortgagee
or beneficiary of such mortgage or deed of trust otherwise shall agree in writing in recordable
form delivered to LESSEE, that the mortgagee or beneficiary, including their successors and
assigns, recognize LEESSE’s leasehold interest under this Lease and that so long as
LESSEE is not in default under this Lease, foreclosure of any such mortgage or deed of trust
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or sale pursuant to exercise of any power of sale thereunder, or deed given in lieu thereof,
shall not affect this Lease but such foreclosure or sale, or deed given in lieu thereof, shall be
made subject to this Lease which shall continue in full force and effect, binding on LESSEE,
as lessee, and the transferee, as lessor. LESSEE shall attorn to the transferee as if said
transferee was LESSOR under this Lease.
33.This section intentionally left blank.
34.ENTIRE AGREEMENT - This Lease, and the exhibits attached hereto and
incorporated herein by reference, constitutes the entire Lease between the LESSOR and
LESSEE with respect to the subject matter hereof, and supersedes all prior leases,
negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature whatsoever, unless expressly referenced in this Lease.
Subject to the provisions of Section 24 of this Lease, this Lease shall be binding on
and inure to the benefit of LESSEE’s and LESSOR'S heirs, successors and permitted
assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day
and year first hereinabove written.
2141 Tuolumne, Suite K
Fresno, CA 93721
FOR ACCOUNTING USE ONLY:
ORG :
Account:
Fund:
Subclass :
75112031
7340
0107
10000
LESSEE:
COUNTY OF FRESNO
~l
Brian Pacheco,
Chairman of the Board of Supervisors of
the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By :_ ......... ~~~--"--'=--.;........a.----
Deputy
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Exhibit A
Rent Effective Date Monthly Rent CAM / Mo. Total Per Month
April 1, 2022 $ 16,229.70 $ 1,603.30 $ 17,833.00
April 1, 2023 $ 16,554.29 $ 1,603.30 $ 18,157.59
April 1, 2024 $ 16,885.38 $ 1,603.30 $ 18,488.68
April 1, 2025 $ 17,223.09 $ 1,603.30 $ 18,826.39
April 1, 2026 $ 17,567.55 $ 1,603.30 $ 19,170.85
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Exhibit B
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors (hereinafter referred to as “County Contractor”),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the
transaction; and
b.The nature of the material financial interest in the Corporation’s transaction
that the board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Mail the completed form to: County of Fresno
Attn: Lease Services (L-083)
Internal Services Department
333 W. Pontiac Way
Clovis, CA 93611
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(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233
(a):
(5) Authorized Signature
Signature: Date: