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HomeMy WebLinkAboutA-15-340 Clay Street Capital Inc.pdf1 2 3 4 5 6 7 8 L-127FultonStreet ClayStreetCap/DSS/561 0 LEASE AGREEMENT Agreement No. 15-340 THIS LEASE AGREEMENT (hereinafter LEASE) is made and entered into this 11!Jay of ~ , 2015, by and between CLAY STREET CAPITAL, INC. 300 Montgomery Street, Suite 528, San Francisco, CA 94104, (hereinafter "LESSOR"), and the COUNTY OF FRESNO, a political subdivision of the State of California, 2220 Tulare Street, 16th Floor, Fresno, CA 93721-2120, (hereinafter "LESSEE"). LESSOR and LESSEE shall also be referred to herein singularly as a "Party" and collectively, as "Parties". 1. LEASED PREMISES -LESSOR hereby leases to LESSEE the office space at 9 the location commonly known as 1821 Fulton Street, Fresno, CA 93721, which is 10 approximately 20,560 square feet, together with fifty-eight (58) parking stalls (hereinafter 11 "Premises"). 12 2. NEW LEASE -The Parties agree that effective July 1, 2015, the prior lease 13 agreement for the Premises, entered into between the Parties on September 18, 2007 (County 14 Agt.#07 -403) shall terminate, and shall be replaced and superseded in all respects by this 15 LEASE. 16 3. TERM -The term of this LEASE shall be for five (5) years, July 1, 2015 through 17 June 30, 2020 (hereinafter "Initial Term") After the Initial Term of this LEASE, this LEASE will 18 renew automatically for two consecutive (2) one-year periods, unless either Party provides 19 One Hundred Eighty (180} days written notice of non-renewal prior to the end of the then 20 current term of this LEASE. In no event shall the term of this LEASE extend beyond June 30, 21 2022. 22 23 24 25 26 27 28 COUNTY Of FRESNO Fresno, Callforria 4. RENT -LESSEE agrees to pay to LESSOR rent (hereinafter the "Base Rent") in advance beginning the Effective Date of this LEASE on a month-to-month basis according to the following schedule: Ill Ill Ill Ill BN 18174587vl 1 1 2 3 4 5 6 7 L-127FultonStreet ClayStreetCap/DSS/561 0 Lease Period July 1, 2015 July 1, 2016 July 1, 2017 July 1, 2018 July 1, 2019 July 1, 2020 July, 1, 2021 Rent Per Month $ 26,411.38 $ 27,203.72 $ 28,019.83 $ 28,860.43 $ 29,726.24 $ 30,618.03 $ 31,536.57 5. UTILITIES-LESSEE shall pay those metered costs associated with its use of 8 natural gas and electricity, and to include vvater, garbage and sewer fees, which are in add~ion 9 to the rent. LESSEE shall also pay all oosts associated with its use of telephone service. 10 6. USE-LESSEE shall use the Premises as office space for the Department of 11 Social Services or any other County department or authorized agent. LESSEE agrees to 12 comply with all applicabe laws, ordinances and regulations in connection with such use. 13 LESSOR covenants that: (i) to its actual knowedge, the Premises are suitable for the 14 intended use and are in compliance with all applicable laws, ordinances and regulations, 15 including but not limited to safety regulations, health and building codes; and (ii) the Premises 16 shall remain in such corrpliance throughout the term of this LEASE .. 17 7. MAINTENANCE-LESSOR shall be responsible for the structural condition of the 18 Premises and for all exterior maintenance, including but not limited to the air conditioning, 19 heating, plumbing systems, electrical systems, fire sprinkler systems, roof, painting, reglobing, 20 landscaping and parking lot. In addition, LESSOR shall provide janitorial services, including 21 paper supplies, according to the Janitorial Schedule as shown in Exhibit "A", attached hereto 22 and by this reference incorporated herein. LESSOR covenants that the Premises shall be 23 maintained in substantially the same condition as that existing at the commencement of this 24 LEASE, normal wear and tear excepted. 25 26 27 28 COUNTY OF FRESNO Fresno, Callforna 8. LESSEE IMPROVEMENTS TO PREMISES/PAYMENT TERMS -LESSOR shall construct tenant improvements (hereinafter "Tenant Improvements") as shown in Exhibit 8, attached hereto and incorporated herein by reference, and in the final Tenant Improvement drawings, plans and specifications. The final Tenant Improvements drawings, plans and 2 BN 18174587vl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforrla L-127FultonStreet ClayStreetCap/DSS/561 0 specifications shall be approved in writing by both LESSOR and LESSEE's Director of Social Services, or their respective authorized representatives. LESSOR shall not commence construction of the Tenant Improvements prior to receipt of such written approval from LESSEE's authorized representative, which approval shall not be unreasonably withheld or delayed. Further, any modifications to Exhibit B or to the final Tenant Improvement drawings, plans and spedfications shall be approved in writing by such authorized representatives of both LESSOR and LESSEE prior to commencement of construction of sudl modifications, which approval shall not be unreasonably withheld or delayed. LESSOR shall provide all labor, material and equipment for the completion of the above-described work in accordance with Exhibit B, and the final Tenant Improvement drawings, plans and specifications. LESSOR and LESSEE agree that the total cost for the Tenant Improvements shall not exceed the sum of $685,000.00, to which cost LESSOR shall contribute One Hundred Fifty Thousand ($150,000.00) which shall include LESSEE'S architectural design and construction documents, building permits and site inspection reports, including tte cost of preliminary materials. LESSEE shall pay the remaining cost in an amount not to exceed $535,000.00 as follows: LESSEE shall pay to LESSOR LESSEE'S share of the Tenant Improvements, which shall be in addition to the Base Rent. LESSEE'S cost for Tenant Improvements (hereinafter the "TI Rent") shall be amortized over five (5) years and shall accrue interest at seven pert;ent (7%) per year as described in Exhibit C, attached hereto and by this reference incorporated herein; provided, however, that LESSOR and LESSEE agree that Exhibit C is intended as a hypothetical amortization schedule and upon determination of LESSEE'S actual shared cost of the Tenant Improvements, the hypothetical amortization schedule will be replaced with an amortization schedule that reflects the actual cost and payment terms of the Tenant Improvements. Should either party to this LEASE terminate this LEASE prior to completion of the five (5) year amortization period to pay for the Tenant Improvements described in this Section 8, then LESSEE shall pay to LESSOR, in one lump sum, an amount equal to the unamortized principal balance of LESSEE's share of the cost of the Tenant Improvements. within forty-five 3 BN 18174587vl L-127FultonStreet ClayStreetCap/DSS/561 0 1 (45) days after the LEASE termination date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforrla 9. COMPLIANCE WITH ALL LAWS-As to the Premises, LESSOR acknowledges public funds are used for payments made by LESSEE under this LEASE and for "public works" project(s). Accordingly, LESSOR shall comply with, and shall ensure compliance by all contractors and subcontractors with, all applicable laws and egulations, includingthe payment of prevailing wages pursuant to Section 1770 et.seq. of the Labor Code. 10. ESTOPPEL STATEMENT -LESSEE shall at any time and from time to time, within thirty (30) days after written request by LESSOR, execute, acknowledge and deliver to LESSOR a certificate in writing stating: (i) that this LEASE is unmodified and in full force and effect, or if there have been any modifications, that this LEASE is in full force and effect as modified and stating the date and the nature of each modification; (ii) the date to which rental and all other sums payable hereunder have been paid; (iii) that, to LESSEE'S knowledge without investigation, LESSOR is not in default in the performance of any of its obligations under this LEASE, that LESSEE has given no notice of default to LESSOR and that no event has occurred which, but for the expiration of the applicable time period, wouk:l constitute an event of default hereunder, or if LESSEE alleges that any such default, notice or event has occurred, specifying the same in reasonable detail; and (iv) such other matters as may reasonably be requested by LESSOR or any institutional lender, mortgagee, trustee, beneficiary, or prospective purchaser of the Premises, provided, however, that such other matters are acceptable to LESSEE and do not diminish any rights or increase any obligations provided to or imposed upon LESSEE under 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; provided, however, that if such default continues for thirty (30) days after written notice thereof from LESSEE to LESSOR (and if such default is other than the payment of money and cannot be cured within such thirty (30) days), then LESSOR will not be in default hereunder if within such thirty (30) day period, 4 BN 18174587vl L-127FultonStreet ClayStreetCap/DSS/561 0 1 LESSOR commences the curing of such default and diligently and in good faith prosecutes the 2 same to completion. If the period for cure expires and if, in LESSEE'S reasonable 3 determination, LESSOR has failed to cure, then LESSEE may, at its electbn: 4 {A) terminate this LEASE as provided in Section 13. hereinbelow. In such case, 5 subject to and without waiver of LESSEE's obligations under Section 8 of this 6 LEASE, LESSEE shall have the right to demand LESSOR refund any monies 7 which, in the judgment of LESSEE, were paid to LESSOR pursuant to the LEASE 8 but which were not earned by LESSOR by consequence of its breach. Upon 9 receipt of such demand, LESSOR shall promptly refund all such monies; or 10 {B) cure LESSOR'S breach in which case LESSEE may deduct the reasonable cost of 11 such cure, together with reasonable administrative costs, from LESSEE'S future 12 rent obligation {but LESSEE'S decision to cure LESSOR'S breach shall not 13 constitute a waiver of any rights or remedies that LESSEE may have arising from 14 this LEASE or by operation of law.) 15 12. DESTRUCTION OR DAMAGE FROM CASUALTY-If the Premises are damaged 16 or destroyed as a result of fire, earthquake, act of God, or any other identifiable event d a 17 sudden, unexpected, or unusual nature {hereinafter the "Casualty''), then LESSOR shall either 18 promptly and diligently repair the damage at its own cost, or terminate the LEASE as 19 hereinafter provided. 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforria {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 {hereinafter the "Notice of Repair") to LESSEE indicating the anticipated time required to repair. LESSOR shall bear the cost of all repairs to the Premises, including the cost to repair any alterations or fixtures instaHed or BN 18174587vl attached thereto by LESSEE. Such repairs shall restore the Premises to substantially the same condition as that existing immediately prior to the Casualty damage and such repairs shall also be made in compliance with all applicable state and local building codes. LESSOR shall not be liable to LESSEE for {i) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforrla L-127FultonStreet ClayStreetCap/DSS/561 0 compensation for any loss of business, or any inconvenience or annoyance arising from repair of the Premises as a result of the Casualty e>eept for rent reduction as hereinafter provided or (ii) any damage caused by the negligence or willful misconduct of LESSEE or its officers, agents, invitees or employees. 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 one hundred twenty (120) days from the date of the Casualty. LESSOR shall provide LESSEE with written notice cl its election to terminate within thirty (30) days after the date of Casualty, in accordance with the provisions of Section 13. hereinbelow. (C) Rent Reduction Due to Casualty: In the event of Casualty, LESSEE'S obligation to pay rent shall be reduced beginning on the date of the Casualty in an amount proportionate to the damage caused to the Premises by the Casualty as reasonably determined by LESSEE. If LESSOR elects to repair the Premises pursuant to the terms of this LEASE, then the rent reduction shall continue until the date of substantial completion of the repairs. (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 BN 18174587vl anticipated period of repair contained in the Notice of Repair exceeds one hundred twenty (120) days, then LESSEE may elect to terminate this LEASE as provided in Section 13. hereinbelow. In such case, subject to and without waiver of LESSEE's obligations under Section 8 of this LEASE, 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 6 L-127FultonStreet CJayStreetCap/DSS/561 0 1 demand, LESSOR shall promptly refund all such monies. 2 13. TERMINATION-If either LESSOR or LESSEE has an election under the terms 3 hereof to terminate this LEASE and such Party so elects, then written notice of such 4 termination shall be provided to the non-terminating Party, specifying a termination date not 5 less than ninety (90) days from the date of said notice. 6 In case of any termination of this LEASE by LESSEE, either the County Administrative 7 Officer, or the Director of Internal Services/Chief Information Officer, or the Director of the 8 Department of Social Services, or a designee of one of them, is hereby authorized to provide 9 such notice to terminate this LEASE. 10 14. NON FUNDING TERMINATION-This LEASE is contingent on the allocation ci 11 funds by a governmental agency. Should funds not be allocated, this LEASE may be 12 terminated by the Board of Supervisors by giving at least thirty (30) days prior written notice to 13 LESSOR. LESSEE shall pay to LESSOR, within forty-five (45) days after the LEASE 14 termination date, any unpaid rent due LESSOR, as wei as any additional anounts that may 15 be due to LESSOR for Tenant Improvements pursuant to Section 8 hereinabove . 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforria 15. HOLD HARMLESS-LESSOR agrees to indemnify, save, hold harmless, and at LESSEE'S request, defend LESSEE, its officers, agents, and employees from any and all costs and expenses, danages, liabilities, claims, and losses occurring or resulting to LESSEE in connection wih the performance or failure to perform by LESSOR, its officers, agents or employees under this LEASE, and from any and all costs and expenses, 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 by LESSOR, its officers, agents, or employees under the LEASE. LESSEE agrees to indemnify, save, hold harmless and, or LESSOR'S request, defend LESSOR, its officers, agents and employees from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to LESSOR in connection with the performance or failure to perform by LESSEE, its officers, agents or employees under this LEASE, and from any and all costs and expenses, damages, liabilities, claims and losses 7 BN 18174587vl L-127FultonStreet ClayStreetCap/DSS/561 0 1 occurring or resulting to any person, firm or corporation who may be injured or damaged by 2 the performance or failure to perform by LESSEE, its officers, agents or employees under this 3 LEASE. 4 This LEASE is made upon the expressed condition that the LESSEE is to be free of all 5 liability, damages or injury arising from structural failures of the Leased Premises, including, 6 but not limited to external walls, doors, roof and floor. The parties acknowledge that as 7 between LESSOR and LESSEE, each is responsble for the negligence of its own officers, 8 agents, employees and invitees. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforrla 16. INSURANCE -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 throughout the term of this LEASE: a. Commercial General Liability-Commercial General Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000) per occurrence and an annual aggregate of Two Million ($2,000,000). This policy shall be issued on a per occurrence basis. b. Property Insurance-Against all risk of loss to LESSEE property, at full replacement cost with no coinsurance penalty provision, naming LESSEE as additional loss payee. c. Worker's Compensation - A policy of Worker's Compensation insurance may be required by the California Labor Code. LESSOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno (hereinafter "County"), its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this LEASE are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained !:1j, 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 County. 8 BN 18174587vl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforria L -127FultonStreet ClayStreetCap/DSS/561 0 Within (30) days from 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: lSD Lease Services (L-127), 2220 Tulare Street, 21st Floor, Room 2101, Fresno, CA 93721-2106, 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 such Commercial General Liabilly insurance names the County, its officers, agents, and employees, individualy and collectively, as additional insured, but only insofar as the operations under this Lease are concerned; that such coverage for additional insured shall apply as primary insurance an any other insurance, or self-insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, witten notice given to County. In the event LESSOR fails to keep in effect at all times insurance coverage as herein provided, the County 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 purchased shall be purchased from companies possessing a current AM Best Company rating of A FSC VII or better. LESSEE shall maintain during the term of this LEASE the following policies of insurance, which coverages may be provided in W"lole or in part through one or more programs of self-insurance: a. Commercial General liability insurance w~h limits of not less than One Million Dollars ($1 ,000,000.00) per occurrence and an annual aggregate of not less than Two Million Dollars ($2,000,000.00). This policy shall be issued on an occurrence basis. b. All-Risk property insurance covering the personal property of LESSEE. 17. SURRENDER OF POSSESSION-Upon the expiration or termination of this LEASE, LESSEE shall surrender the Premises to LESSOR in such condition as existing at the commencement of this LEASE less reasonable wear and tear, less the effects of any Casualty or Condemnation, and less the effects of any breach of LESSOR'S covenant to maintain. 9 BN 18174587vl L-127FultonStreet ClayStreetCap/DSS/561 0 1 LESSEE will not be responsible for any damage which LESSEE was not obligated hereunder 2 to repair. Notwithstanding the foregoing, LESSEE shall surrender possession with all Tenant 3 Improvements in place, and in the same condition as when ins1alled, less reasonable wear 4 and tear. 5 18. FIXTURES-LESSOR agrees that, excluding any Tenant Improvements, any 6 equipment, fixtures or apparatus installed in or on the Premises by LESSEE shall continue to 7 be the property of LESSEE and may be removed by LESSEE at any time; provided, however 8 that LESSEE shall remove such fixtures at its sole cost and shall repair any damage caused 9 by the removal of fixtures. Any fixtures not removed when LESSEE surrenders possession 1 0 shall beoome the property of LESSOR. 11 19. RIGHT OF ENTRY-LESSOR, or its representative(s), upon giving twenty-four 12 (24) hours written notice, shall have the right to enter the Premises at any time during 13 business hours, or at such other time as LESSEE deems appropriate, to make any alterations, 14 repairs or improvements to the Premises, however, the normal business of LESSEE or its 15 invitees shall not be unnecessarily inconvenienced. 16 20. AMENDMENT-This LEASE may be amended in writing by the mutual consent of 17 the Parties without in any way affecting the remainder. 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno. Callforria 21. ASSIGNMENT -Neither party shall assign, transfer or sub-let this LEASE, or the rights or duties under this LEASE, without the prior written consent of the other party, which consent shall not be unreasonably withheld or denied. Notwithstanding the foregoing, LESSOR shall be permitted to assign this LEASE upon the sale of the Premises, in which case LESSEE will attorn to and recognize the buyer of the Premises. 22. 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. 23. NOTICES -All notices given under this LEASE by either Party to the other Party shall be in writing, and gi\€n by any one of the following methods: (I) Personal deli\€ry to the applicable add~ess as set for below; or 10 BN 18174587vl L -127FultonStreet ClayStreetCap/DSS/561 0 1 (II} Sent by certified United States mail, first class postage prepaid, with return 2 receipt requested, to the applicable addresses as set forth below, in which case such notice 3 shall be deemed given three (3) business days if LESSOR is the recipient, or three (3) 4 business days if LESSEE is the recipient after such deposit and postnark with the United 5 States Postal Service; or 6 (Ill} Sent by a reputable overni!flt commercial courier, in which case such 7 notice shall be deemed given one (1) business day if LESSOR is the recipient, or one (1) 8 business day if LESSEE is the recipient, after such deposit w~h that courier to the applicable 9 addresses as set forth below. 10 The addresses and telephone numbers of the Parties for purposes of giving or 11 receiving notices under this LEASE are as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callforrla LESSEE: County of Fresno Robert W. Bash, Director of Internal Services (L-127) 2220 Tulare Street, 21 51 Floor Fresno, CA 93721-2106 (559) 600-1715 LESSOR: Clay Street Capital, Inc. Attn: William Neverett 300 Montgomery street, Suite 528 San Francisco, CA 941 04 (415) 732-7480 Provided however, such notices may be given to such person or at such other place as either of the Parties may from time to time designate by giving written notice to the other Party, and provided further however, in any event notices of changes of address or termination of this LEASE shall not be effective until actual delivery of such notice. Notices given hereunder shall not be amendments or modifications to this LEASE. 24. 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 11 BN 18174587vl L-127FultonStreet ClayStreetCap/DSS/561 0 1 shall disclose any self-dealing transactions that they are a party to by completing and signing a 2 Self-Dealing Transaction Disclosure Form Exhibit "D", attached hereto and by this reference 3 incorporated herein, and submitting it to the County of Fresno prior to commencing with the self- 4 dealing transaction or immediately thereafter. 5 25. AUTHORITY-Each individual executing this LEASE on behalf of LESSOR 6 represents and warrants that he or she is duly authorized to execute and deliver this LEASE on 7 behalf of CLAY STREET CAPITAL, INC., and that this LEASE is binding upon CLAY STREET 8 CAPITAL, INC. in accordance with its terms. The terms of this LEASE are intended by the parties 9 as a final expression of their agreement with respect to such terms as are included in this LEASE 1 0 and may not be contradicted by evidence of any prior or contemporaneous agreement, 11 arrangement, understanding or negotiation (whether oral or written). 12 26. ENTIRE LEASE -This LEASE constitutes the entire LEASE between the 13 LESSOR and LESSEE with respect to the subject matter hereof and supersedes all prior leases, 14 negotiations, proposals, commitments, writings, advertisements, publications, and 15 understandings of any nature whatsoever unless expressly referenced in this LEASE. This 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callfonia Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 12 BN 18174587vl L-127FultonStreet ClayStreetCap/DSS/561 0 1 LEASE shall be binding on and inure to the benefit of LESSOR'S heirs, successors and assigns. 2 EXECUTED as of the date first herein written. 3 4 5 6 7 LESSEE: COUNTY OF FRESNO ER CE E. SEIDEL, CLERK BOARD SUPERVISORS By~~~ e11 eputy APPROVED AS TO LEGAL FORM: 8 9 10 11 12 DANIEL C. CEDERBOR ,COUNTY COUNSEL 13 14 15 16 17 18 19 20 21 22 APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P.A. AUDITOR-CONTROLLER/TREASURER- TAX COLLECTOR By Chfw_gf= ~ Robert W. Bash, Director of Internal Services/Chief Information Officer 23 B ~~~~~~~~~~---------- 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callfoma Fund 0001 Subclass 10000 Org No. 5610 Acct. No. 7340 Property/L-127CiayStreet/DSS561 0 BN 18174587vl 13 LESSOR: CLAY STREET CAPITAL, INC. Date _5/,____/u---r-:..-t-~-- FULTON JANITORIAL DUTIES GENERAL SPECIFICATIONS Exhibit "A" Janitorial Duties L-127 1. The general day-to-day housekeeping activities are performed in accordance with commercial building housekeeping standards. 2. A schedule of housekeeping activities is attached to this Exhibit, and identified as Attachment 1. 3. There shall be sufficient housekeeping cleaning supplies and equipment provided to perform duties on a daily basis. 4. Housekeeping cleaning supplies and equipment shall be stored in designated housekeeping room(s). 5. A binder containing the Material Safety Data Sheets (MSDS) for all products used in conjunction with cleaning the facility shall be kept on-site in the designated housekeeping room(s). The MSDS binder shall be kept up to date at all times. 6. A detergent germicide shall be used for all cleaning and dusting purposes. 7. Mop heads shall be removable and changed regularly. 8. There shall be sufficient housekeeping personnel to maintain the interior of the buildings in a safe, clean, orderly, attractive manner and free from offensive odors. 9. Unexpected or unscheduled needs for housekeeping services shall be categorized into three priority levels. A. The highest priority services shall be those required for safety and sanitation. Any unsafe or unsanitary condition shall be corrected as soon as possible (always within twenty-four (24) hours). B. The second priority level shall be services required for the general functioning of the facility, but for which no hazard is present. These shall be corrected as soon as possible, with written timelines for repairs provided to DSS Facilities Analyst. C. All other situations shall be handled on a scheduled basis. ONCE PER DAY CLEANING 1. Vacuum all carpets thoroughly: A. Under and around furniture. B. Corners, behind doors and along baseboards. C. Spot clean spills, stains and remove gum. Empty all wastebaskets and waste containers and replace liners as needed. 2. Damp wipe all counters, modular furniture work surfaces, and desktop, providing they are free of work materials. 3. Dust (with treated mop), spot clean and damp mop hard surface floors. Page 1 1 of 4 4. Clean up spillage. 5. Clean all entry/exit doors and door glass, inside and outside. Exhibit "A" J ani to rial Duties L-127 6. Dust with a treated mop and damp mop all outside and inside entry floors. 7. Restrooms: A Floors are to be mopped with a disinfectant approved by Fresno County. B. Fixtures on the sinks, toilets, urinals, and the mirrors are to be cleaned with a disinfectant approved by Fresno County. C. Toilets and urinals, plus the surrounding wall areas, are to be cleaned with a disinfectant approved by Fresno County. D. Sinks are to be cleaned with a powder cleanser containing bleach, if permitted. E. Tile surrounding sinks are to be cleaned using disinfectant approved by Fresno County. F. Empty wastebasket containers. G. Refill toilet paper, paper towel, soap dispensers, sanitary products, air freshener dispenser, and seat covers. H. Other cleaning agents to remove resistant soil, polish metal, or preserve floors should be used as needed, after any required treatment with disinfectant cleaner. Cleaning agents to be approved by Fresno County. I. Clean all toilet paper, paper towels and soap dispensers. 8. Spot clean windows, walls, doors, door jams and area around light switches. 9. Clean with sanitizing disinfectant doorknobs. 10. Remove empty boxes, cardboard and miscellaneous material and place in appropriate containers. 11. Damp wipe waiting area chairs and benches in waiting room. 12. Remove staples and paper clips from carpet. 13. Clean sinks and counters in break rooms. 14. Remove cobwebs. 15. Clean door thresholds. 16. Replace all inoperative light bulbs/fluorescent tubes. 17. Wash fingerprints from walls. 18. Remove graffiti from wall areas. WEEKLY CLEANING 1. Damp wipe all metal and wood window ledges. 2. Clean both sides of all interior window glass. 3. Damp wipe tops of all modular and other furniture systems. Page I 2 of 4 MONTHLY CLEANING 1. Clean and dust air vents. 2. Pressure wash the exterior of the building. QUARTERLY CLEANING (every three (3) months) 1. Strip and wax all linoleum and other hard flooring as appropriate. Exhibit "A" Janitorial Duties L-127 2. Shampoo carpets (using extraction method) throughout the building, including all waiting and reception areas. BI-ANNUAL CLEANING (twice per year) 1. Clean all exterior windows using the squeegee system. Service done during the day shift. AS NEEDED 1. Replace light bulbs as needed. 2. Police the parking areas around the building to remove garbage and rubbish. 3. Clean cloth chairs as requested (please provide price per chair). 4. Pressure wash the exterior main entry area of the building (please provide cost per service) Page 1 3 of 4 ATTACHMENT "1" DEPARTMENT OF SOCIAL SERVICES FACILITY HOUSEKEEPING SCHEDULE DAILY WEEKLY MONTHLY Floorin2-All Areas TileNCT!Terrazzo!Cement Dust floors X Wet mop floors X Spot Clean X Strip/Wax/Polish floors Carpeted Areas Vacuum X Spot clean X Shampoo Restrooms -Staff Sinks X Toilets X Floors X Walls X Baseboard X Restrooms -Public Sinks X Toilets X Floors X Walls X Baseboard X Office/Lobby/Reception Areas Empty trash containers X Doors -clean & polish X Door windows -clean X Walls/spot clean X Upholstered furniture -Shampoo Clean HV AC related vents X Change light bulbs as needed Drinking fountains-clean/sanitize/polish X Dust furniture, counters, cabinets, bookshelves, X tops of modular furniture partitions, etc. Damp wipe all counter surfaces X Clean stairwell handrails. n/a Clean windows (exterior) Clean windows (interior) X Clean window ledges-damp wipe X Clean lunch/break/kitchen rooms X Clean entrance & exit doors X Page 1 4 of 4 Exhibit "A" Janitorial Duties L-127 AS NEEDED Quarterly or as requested Quarterly or as requested X X X X X X X X X X Cost estimates to be provided uoon reauest. X Bi-annually or as requested TENANT IMPROVEMENT WORK 1821 Fulton Street Fresno, CA Alterations & Rearrangements: Remove 817 linear feet of non-load bearing partition walls Repair & Maintenance: Replace 14,506 sq/ft oft-bar ceiling Paint interior walls Paint interior ceilings where applicable Replace carpet throughout Repair hard surface floor in break room Exhibit "B" L-127 Connect power to workstations (no additional power is being added to service the building) Replace overhead lighting per California CCR Title 24 energy regulations/mandates Capital (will be done by landlord's cash contribution and not part of amortized Til: Replace cabinets & marline in the break room L-127 Agree Draft Ex C Tl Hypothetical Amortization Schedule.xls .\mortization Calculator 1.-127 Clay Capital-DSS Paid Tenant lmpnnemer The amortization Table at the bottom of this page calculates the following: principal , interest payments, ending balance , and cumulative interest. • To build your own Amortization Table, change the values in the Loan Information section below. • To print out your results, choose Print from the File menu . The print area is set to A1 :G77 . • The table is limited in the number of payment periods, You may wish to expand the table to fit your needs. Table Calculation settings Amount of Loan : $535,000.00 Annual interest rate : 7.00% Amortization Table starts at date : 71112015 or at payment number: Term (Years): 5 Yearly Pay Periods: 12 Due date of First payment: 7/112015 PERIODIC PAYMENT Entered payment: Calculated payment $10,593.64 CALCULATIONS Use payment of: $10,593.64 1st payment in table : 1 Payment Beginning No. Date Balance 1 7/1/2015 535,000.00 2 8/1/2015 527 ,527.19 3 9/1/2015 520 ,010.79 4 10/1/2015 512,450.55 5 11/1/2015 504 ,846 .20 6 12/1/2015 497 ,197.50 7 1/1/2016 489 ,504.17 8 2/1/2016 481 ,765 .97 9 3/1/2016 473 ,982 .63 10 411/2016 466 ,153.89 11 5/1/2016 458 ,279.48 12 6/1/2016 450,359.14 13 7/1/2016 442,392.59 14 8/1/2016 434,379.57 15 9/1/2016 426 ,319 .81 16 10/1/2016 418 ,213.04 17 11/1/2016 410 ,058 .97 18 12/1/2016 401,857.34 19 111/2017 393 ,607.87 20 2/1/2017 385,310.27 21 3/1/2017 376,964.27 22 4/1/2017 368 ,569 .59 23 5/1/2017 360,125.94 24 6/1/2017 351 ,633.03 The table uses the calculated periodic payment amount, unless you enter a value for "Entered payment." Beginning balance at payment 1 : Cumulative interest prior to payment 1 : Ending Interest Principal Balance 3,120.83 7 ,472.81 527,527.19 3,077.24 7,516.40 520,010.79 3,033.40 7,560.24 512,450.55 2 989.29 7 ,604.35 504,846.20 2,944.94 7 ,648.71 497,197.50 2,900.32 7 ,693.32 489,504.17 2,855.44 7 ,738.20 481,765.97 2,810.30 7 ,783.34 473,982.63 2 ,764.90 7 ,828.74 466,153.89 2 ,719.23 7 ,874.41 458,279.48 2,673.30 7 ,920.34 450,359.14 2,627.09 7,966 .55 442,392 .59 2,580.62 8 ,013.02 434 379.57 2,533.88 8 ,059.76 426,319.81 2,480.87 8 ,106.78 418,213.04 2,439.58 8,154.07 410,058.97 2,392.01 8 ,201 .63 401,857.34 2 ,344.17 8 ,249.47 393,607.87 2 296.05 8 ,297.60 385,310.27 2,247.64 8 ,346 .00 376,964.27 2,198.96 8 ,394.68 368,569.59 2,149.99 8,443.65 360,125.94 2,100.73 8,492.91 351,633.03 2,051 .19 8 ,542.45 343,090.58 Page 1 $535,000.00 $0.00 Cumulative Interest 3,120.83 6 ,198.08 9 ,231 .47 12,220.77 15,165.70 18,066.02 20,921 .46 23,731 .76 26,496.66 29,215.89 31 ,889.19 34 ,516 .29 37,096 .91 39,630 .79 42,117.66 44,557.23 46,949.24 49,293.41 51,589.46 53,837 .10 56,036 .06 58 ,186.05 60,286.78 62,337 .97 L-127 Agree Draft Ex C Tl Hypothetical Amortization Schedule.xls Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 25 7/1/2017 343,090.58 2,001 .36 8 ,592.28 334,498.31 64,339 .34 26 8/1/2017 334,498.31 1,951 .24 8 ,642.40 325,855.90 66,290.58 27 9/1/2017 325,855.90 1,900.83 8,692.82 317,163.09 68,191.40 28 10/1/2017 317,163.09 1,850.12 8,743.52 308,419.57 70,041 .52 29 11/1/2017 308 ,419 .57 1,799.11 8,794.53 299,625.04 71 ,840.63 30 12/1/2017 299,625.04 1,747.81 8,845.83 290,779.21 73,588.45 31 111/2018 290,779.21 1,696.21 8,897.43 281,881 .78 75,284 .66 32 2/1/2018 281,881 .78 1,644.31 8,949.33 272,932.45 76,928 .97 33 3/1/2018 272,932.45 1,592.11 9,001 .54 263,930.92 78,521.08 34 4/1/2018 263,930.92 1,539.60 9,054.04 254,876.87 80,060.67 35 5/1/2018 254 ,876 .87 1,486.78 9 ,106.86 245,770.01 81,547 .45 36 6/1/2018 245 ,770.01 1,433.66 9 ,159.98 236,610.03 82 ,981 .11 37 7/1/2018 236 ,610.03 1,380.23 9,213.42 227,396.61 84 ,361 .34 38 8/1/2018 227 ,396 .61 1,326.48 9 ,267.16 218,129.45 85,687 .82 39 911/2018 218 ,129.45 1,272.42 9,321 .22 208,808.23 86,960.24 40 10/1/2018 208,808.23 1,218.05 9,375.59 199 432.64 88,178 .29 41 11/1/2018 199,432.64 1,163.36 9,430.28 190,002.35 89,341 .64 42 12/1/2018 190,002.35 1,108.35 9,485.29 180 517.06 90,449 .99 43 1/1/2019 180,517.06 1,053.02 9,540.63 170,976.44 91 ,503 .01 44 2/1/2019 170,976.44 997 .36 9,596.28 161,380.16 92,500 .37 45 3/1/2019 161,380.16 941 .38 9,652.26 151,727.90 93 ,441.75 46 4/1/2019 151 ,727.90 885 .08 9,708.56 142,019.34 94 ,326 .83 47 5/1/2019 142,019.34 828.45 9,765.20 132,254.14 95 ,155.28 48 6/1/2019 132,254.14 771 .48 9,822.16 122,431 .98 95,926 .76 49 7/1/2019 122,431.98 714.19 9,879.45 112,552.53 96,640 .95 50 8/1/2019 112,552.53 656.56 9 ,937.08 102,615.44 97,297.51 51 9/1/2019 102,615.44 598 .59 9,995.05 92,620.39 97,896.10 52 10/1/2019 92,620 .39 540.29 10,053.36 82,567.04 98,436 .38 53 11/1/2019 82,567.04 481 .64 10,112.00 72,455.04 98,918.02 54 12/1/2019 72,455.04 422.65 10,170.99 62,284.05 99,340 .68 55 111/2020 62,284 .05 363.32 10,2 30 .32 52,053.73 99,704 .00 56 2/1/2020 52,053 .73 303 .65 10,289.99 41,763.74 100 ,007.65 57 3/1/2020 41 ,763 .74 243.62 10,350.02 31,413.72 100,251 .27 58 4/1/2020 31,413.72 183.25 10,410.39 21,003.33 100,434.52 59 5/1/2020 21 ,003 .33 122.52 10,471 .12 10,532.20 100,557.04 60 6/1/2020 10,532.20 61 .44 10,532 .20 0 .00 100,618.47 Page 2 SEL.F-DEAUNG 1RANSAC110N DISCLOSURE FORM Exhibit "D" L-127 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-127) Internal Services Department 2220 Tulare Street, Suite 2100, Room 2101 Fresno, CA 93721-2106 (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): Exhibit "D" L-127 (4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: I Date: I