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Home My WebLink AboutAgreement A-23-017 First Amendment to Agt.pdf Agreement No. 23-017 AMENDMENT TO THE LEASE AGREEMENT BETWEEN WEST HILLS COMMUNITY COLLEGE DISTRICT AND THE COUNTY OF FRESNO —WEST HILLS NORTH DISTRICT CENTER BUILDING THIS AMENDMENT ("AMENDMENT") TO LEASE AGREEMENT NO. 19-017 BETWEEN WEST HILLS COMMUNITY COLLEGE DISTRICT AND THE COUNTY OF FRESNO — WEST HILLS NORTH DISTRICT CENTER BUILDING, DATED JANUARY 8, 2019 ("AGREEMENT"), is hereby entered into by and between the County of Fresno, a political subdivision of the State of California (hereinafter "COUNTY') and West Hills Community College District ("WHCCD"), as of August 1, 2022, (the "Effective Date"). NOW THEREFORE, in exchange valuable consideration, the receipt and sufficiency of which are hereby acknowledged, COUNTY and WHCCD hereby agree as follows: 1. Title: The title of the Agreement is hereby amended as follows: LEASE AGREEMENT BETWEEN WEST HILLS COMMUNITY COLLEGE DISTRICT AND THE COUNTY OF FRESNO - WEST HILLS COLLEGE COALINGA, FIREBAUGH CENTER 2. Recitals: The"Whereas"statements of the Agreement are hereby amended as follows: WHEREAS, WHCCD owns, operates, and maintains certain real property, including facilities and improvements, located at 900 "O" Street, Firebaugh, California (formerly 1511 Ninth Street, Firebaugh, California 93622), commonly known as the West Hills College Coalinga, Firebaugh Center ("Firebaugh Center") (formerly known as the West Hills North District Center Building");as WHEREAS, COUNTY is responsible for numerous programs related to food and agriculture through its Agricultural Commissioner ("Ag Commissioner") and desires to utilize certain property and related facilities for the Ag Commissioner; and WHEREAS, WHCCD is willing to lease a portion of the Firebaugh Center to COUNTY for purposes relating to the operation of the Ag Commissioner for the benefit of the Firebaugh community. 3. Section 1 — "Premises" is amended as follows: Premises. WHCCD hereby leases to COUNTY, and COUNTY hereby leases from WHCCD, on the terms and conditions set forth in this Agreement, five hundred fifty (550) square feet of office space, including a private restroom ("Premises"), at the Firebaugh Center at a location mutually agreed upon by the Parties, and as described in Exhibit A, attached and incorporated by reference. Page 1 Amendment—Ag Commissioner Lease 8/1/2022 4. Section 3(E)-"Termination." Section 3E is amended as follows: E. If, by July 1, 2022, the construction of the Firebaugh Center and the Premises is not complete, the Parties shall meet and confer to determine methods for WHCCD to expedite WHCCD's completion of the Firebaugh Center and the Premises construction. 5. Section 4(B)-"Rent and Utilities Expenses." Section 4(B) is amended as follows: B. COUNTY agrees to pay its proportional share of the security and utilities expenses ("Utilities Expenses")attributable to the Premises. The Utility Expenses shall include water, gas, garbage, janitorial services, sewer, telecommunications, and electricity charges and shall be calculated at the same rate as WHCCD's proportional share. County's proportional share of the Utilities Expenses shall be based on the square footage of the Premises, 550 square feet, in proportion to the entire Firebaugh Center. WHCCD shall invoice COUNTY for the Utilities Expenses in a monthly basis, and COUNTY agrees to remit payment for the Utilities Expenses within forty-five (45) days of that request. 6. Section 4(D) -"Rent and Utilities Expenses." Section 4(D) is amended as follows: D. COUNTY agrees to pay its share of the routine maintenance expenses ("Routine Maintenance Services") attributable to its portion of the Premises, as described on Exhibit B, attached and incorporated by this reference. The cost of these Routine Maintenance Services shall be calculated at the same rate as WHCCD's proportional share, including planned increases in personnel costs associated with WHCCD collective bargaining agreements, planned step- and column- increases, and cost of living adjustments ("COLA"). WHCCD must provide notice to COUNTY by July 1 each year for any increases associated with the actual costs related to Routine Maintenance, including those resulting from personnel costs, step and column increases as well as COLA adjustments. Such actual cost increases may not exceed 4 percent per annum. Exhibit"B"to the Agreement is replaced with the amended Exhibit"B"attached hereto. 7. Section 9-"Maintenance and Repairs," is amended as follows: Maintenance and Repairs. During the Lease term, WHCCD shall make, at WHCCD's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, paint, carpeting, and other parts of the Leased Premises damaged or worn through normal occupancy. Repairs shall also include repairs to major mechanical systems, plumbing systems heating and air conditioning systems, or the roof, subject to the obligations of the Parties otherwise set forth in this Lease. Page 2 Amendment-Ag Commissioner Lease 8/1/2022 8. Section 16-"Notices," is amended as follows: Notices. The persons and their addresses having authority to give and receive notices under this Agreement including the following: For WHCCD: West Hills Community College District Attn: Vice Chancellor of Business& Fiscal Services 275 Phelps Ave. Coalinga, California 93210 For COUNTY: County of Fresno Director of Internal Services/Chief Information Officer 333 W. Pontiac Way Clovis, CA 93612 All notices between the COUNTY and WHCCD provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by other means of delivering written communications as is customarily used by the Parties. 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 COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY 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. A notice delivered by electronic transmission is effective immediately, provided that the sender retains a record of the transmission. For all claims arising out of or related to this Agreement, 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). 9. Section 18 - "Entire Agreement," is amended as follows: Entire Agreement. This Agreement constitutes the entire agreement between the parties respecting the Premises. Any agreements or representations respecting the Premises not expressly set forth in this Agreement are null and void. In the event of any inconsistency in interpreting the documents comprising this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Amendment (2) the Agreement, and (3) Exhibits A and B. 10. Except as expressly modified by the Amendment, all other terms of the Agreement shall remain in full force and effect. 11. To the extent that any of the terms and conditions of this Amendment conflicts with the terms and conditions of the Agreement, the terms and conditions of this Amendment shall control. 12. This Amendment may be executed in counterparts, each shall be considered an original and all of which shall be considered a single instrument. 13. This Amendment has been jointly drafted by the Parties and shall not be construed in favor of or against any party by virtue of its counsel having been the drafter. Page 3 Amendment-Ag Commissioner Lease 8/1/2022 IN WITNESS WHEREOF,the Parties hereto have executed this Amendment as of the day and year first hereinabove written. WEST HILLS COMMUNITY COUNTY OF FRESNO COLLEGE DISTRICT czt�t�Ph Shanna Ahrens Sfal Q int ro, Vice Chancellor of N ' an Board of Supervisors Business & Fiscal Services of the County of Fresno West Hills Community College District 275 Phelps Ave., Coalinga, CA 93210 'ATTE T: -- Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California FOR ACCOUNTING USE ONLY: ORG No.:4010 Account No.: 7345 Requisition No.: Page 4 Amendment—Ag Commissioner Lease 8/1/2022 EXHIBIT B WHCCD Firebaugh Center-Fresno County Agriculture Commissioner Estimates Only-Monthly Invoices Will Be Based On Actual Costs Est Est Annual Est Annual Proportional Maintenance/Security/Custodial Salary Benefits Est Total/Yr Est Total/Mo Cost(1.32%) Custodian(range 37,2 FTE) $82,548.00 $72,878.00 $ 155,426.00 $ 12,952.00 $ 170.97 Custodian/Grounds(range 37, 1 FTE) 36,180.00 34,645.00 70,825.00 5,902.00 77.91 Security Staff(range 47,.5 FTE) 20,052.00 2,728.00 22,780.00 1,898.00 25.05 Supplies/Equipment* 15,525.00 1,294.00 17.08 Utilities Expense* Electric 215,050.00 17,921.00 236.56 Gas 10,000.00 833.00 11.00 Water 48,300.00 4,025.00 53.13 Sewer/Garbage 27,025.00 2,252.00 29.73 Telecommunications 11,500.00 958.00 12.65 Landscaping/Site Maintenance* Est Annual Est Monthly Est Proportional Cost Landscaping&Site Maintenance 49,140.00 4,095.00 54.05 Total Building & Site $ 625,571.00 $ 52,130.00 $ 688.13 *Actual expenses will be calculated using the actual monthly expenses times the prorated cost of 1.32% (Ag Commissioner office plus restroom=550 square feet divided by total building,41,633 square feet) Page 5 Amendment—Ag Commissioner Lease 8/1/2022