HomeMy WebLinkAboutExecuted_A-21-198_Reedley Lease Agreement Including Updated TI Schedule (2).pdf Agreement No. 21-198
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1 LEASE AGREEMENT
2 THIS LEASE AGREEMENT ("Lease") is made and entered into this 8th day of
3 June , 2021 (the "Effective Date"), by and between D & L Lowe, LP, a California
4 limited partnership, located at 147 S. Kingswood Parkway, Reedley, CA 93654, ("LESSOR"),
5 and the COUNTY OF FRESNO, a political subdivision of the State of California, located at
6 333 W. Pontiac Way, Clovis, CA 93611 ("LESSEE"). LESSOR and LESSEE may be referred
7 to in this Lease individually as a "Party" or collectively at times as the "Parties".
8 1. PREMISES - LESSOR hereby leases to LESSEE the real property at the
9 location commonly known as 1201 E. Manning, Reedley, CA 93654, which includes a building
10 containing approximately 18,414 square feet of office space (the "Building"), along with
11 parking for LESSEE's use, as depicted on Exhibit "A", which is attached and incorporated by
12 this reference, together with surrounding common area parking (collectively, the "Premises").
13 LESSEE's employees shall park their vehicles in the 70 stalls located at the north end of the
14 shopping center, as depicted on Exhibit "B", however, in the event that all 70 parking stalls
15 are full, LESSEE's employees may park their vehicles in the surrounding stalls on an as-
16 needed basis.
17 2. TERM —The term of this Lease shall be for nineteen (19) years ("Term"),
18 commencing on the date LESSEE first takes occupancy of the Premises ("Rent
19 Commencement Date"), as described in Section 3, herein, and ending on the 19th anniversary
20 of the Rent Commencement Date. In no event shall the term of this Lease extend beyond
21 nineteen (19) years after the Rent Commencement Date.
22 3. RENT— LESSEE's obligation to pay rents and any other amounts due under
23 the Agreement shall commence on the Rent Commencement Date, as defined herein, and
24 shall be subject to LESSEE's constitutional debt limitation (Article XVI, Section 19 of the
25 California Constitution). Effective upon the Rent Commencement Date, as defined herein,
26 and throughout the Initial Term, LESSEE shall pay to LESSOR without offset, demand or
27 prior notice, rent for the Premises on or before the first of each month ("Base Rent"),
28 according to the schedule set forth on Exhibit "C", which is attached and incorporated by this
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1 reference.
2 A. Rent Commencement Date —The "Delivery Date" shall be the date that
3 LESSOR has delivered possession of the Premises to LESSEE, after
4 substantial completion of the Tenant Improvements to the Premises, as
5 defined in Section 8 below, and such delivery has been accepted in writing
6 by LESSEE, by LESSEE's signing LESSOR's written notification.
7 "Substantial completion" is defined as the issuance of a building occupancy
8 permit from the local governing agency. LESSOR's written notification shall
9 confirm the Rent Commencement Date, which shall be the first of the
10 month following the issuance of a building occupancy permit issued from
11 the local governing agency, and shall become an exhibit to this Lease
12 ("Rent Commencement Date"). As to LESSEE, its County Administrative
13 Office or Director of Internal Services/Chief Information Officer, or a
14 designee of one of them, is hereby authorized to execute said notification
15 of completion confirming the Rent Commencement Date.
16 B. Prior Access— LESSOR shall allow LESSEE access to the Premises prior
17 to the Rent Commencement Date, without charge, for the purpose of
18 installing furniture and network equipment. LESSEE shall coordinate with
19 LESSOR for such access.
20 4. ADDITIONAL RENTS — In addition to the Base Rent, LESSEE shall pay on a
21 monthly basis as "Additional Rent" the operations costs for the Premises to LESSOR,
22 consisting of 100% of: LESSOR'S actual out of pocket cost for real estate taxes and
23 insurance, plus all maintenance expenses incurred by LESSOR allocable to the Premises
24 (collectively, "Operation Costs"), and a ten percent (10%) administrative fee on all
25 maintenance expenses incurred by LESSOR, which are all described on Exhibit "F", attached
26 and incorporated by this reference. Base Rent, Additional Rent, and Tenant Improvement
27 Payments, as defined in Section 8, herein, shall collectively be referred to as "Rent" in this
28 Lease. The estimated Operation Costs for the 2021 calendar year based on current
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1 Operation Costs are $66,100.48, as set forth in Exhibit T", however, this figure is simply an
2 estimate, and shall not be deemed or otherwise construed as a representation, warranty, or
3 covenant by LESSOR as to the actual Operation Costs for the 2021 calendar year. Based on
4 the foregoing estimate, beginning on the Commencement Date, LESSEE shall pay Additional
5 Rent to LESSEE for each month or partial month at the rate of$5,508.37 per month, unless
6 LESSOR provides LESSEE with a revised budget or a statement (as described herein)
7 showing that LESSOR's actual Operation Costs have increased, at which time LESSEE shall
8 pay Additional Rent in accordance with LESSOR's revised budget estimate or statement.
9 Within 120 days after the end of each calendar year or its fiscal year, LESSOR shall
10 furnish to LESSEE a statement covering the calendar or fiscal year (as the case may be)just
11 expired, showing by cost category the actual Operation Costs incurred for that year, and the
12 monthly payments made by LESSEE during that year for the Operation Costs. If LESSEE's
13 share of the Operation Costs exceeds LESSEE's prior payments, LESSEE shall pay to
14 LESSOR, as Additional Rent, the deficiency within forty-five (45) days after receipt of such
15 annual statement. If LESSEE's payments for the calendar or fiscal year (as the case may be)
16 exceed LESSEE's actual share of the Operation Costs, and provided LESSEE is not in
17 arrears as to the payment of any Base Rent or Additional Rent, LESSEE may offset the
18 excess against any payments of Operation Costs next due to LESSOR.
19 5. UTILITIES — LESSEE shall pay for metered utilities, including water, sewer,
20 garbage, gas, and electricity. LESSOR shall pay for any utilities that cannot be separately
21 metered from the adjacent buildings, and LESSEE shall reimburse LESSOR for its
22 proportionate share of such utilities based on square footage leased by LESSEE. LESSEE
23 shall procure and pay for telecommunications services that LESSEE requires in its use of the
24 Premises.
25 6. MAINTENANCE — LESSOR, at LESSOR's sole cost and expense, shall
26 maintain and keep the Premises in good order, condition, and repair, and in good sanitary
27 condition, including, but not limited to, all exterior and interior maintenance and repair of,
28 HVAC systems, plumbing systems, electrical systems, interior and exterior lighting, including
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1 ballasts, fire sprinkler systems and alarms, mechanical systems, roof, landscape, parking lot,
2 parking lot lighting, graffiti abatement/removal, bird and pest control, and other common area
3 maintenance. LESSOR is also responsible for, at LESSOR's sole cost and expense, the
4 structural condition of the Building on the Premises, and agrees that the Building will always
5 be maintained in a condition acceptable for the LESSEE'S intended use of the Premises.
6 LESSOR's maintenance responsibility includes exterior and interior painting as needed due to
7 normal wear and tear, LESSOR shall provide routine plumbing services at the request of
8 LESSEE, such as clearing a clogged drain, and/or toilets caused by LESSEE's use, and
9 LESSEE shall pay to LESSOR the actual cost for such requested services. If allowed by the
10 LESSOR's contracted sanitation company, LESSOR shall install a lock on the trash lid for the
11 trash dumpster, and a lock on the trash dumpster enclosure, and shall provide a key to
12 LESSEE upon request.
13 LESSEE, at LESSEE's sole cost and expense, shall be responsible for janitorial
14 service, and routine items within the Premises caused by LESSEE's use. In addition,
15 LESSEE shall be responsible to set heating and cooling thermostats to adjust the
16 temperature of the Premises. LESSOR may install a device to secure the thermostats, and
17 shall provide a key to LESSEE upon request.
18 7. USE - LESSEE intends to use the Premises as office space for its Department
19 of Social Services, and/or any other County Department, office, or agency. LESSEE shall
20 strictly comply with all applicable laws, ordinances, and regulations in connection with such
21 use.
22 8. IMPROVEMENTS TO THE PREMISES — LESSOR shall use commercially
23 reasonable efforts to ensure that Tenant Improvements (as described in this Section 8) are
24 completed within two hundred and forty (240) days of the execution of this Lease. All
25 drawings, plans, and specifications for Tenant Improvements, and any modifications to said
26 improvements, which are set forth in Exhibit "D," must be approved in writing by both
27 LESSOR and LESSEE.
28 LESSOR shall construct Tenant Improvements, which costs will include Architectural
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1 Services, 1% bank loan fee, and appraisal fee (collectively, "Tenant Improvement Cost"),
2 based on written input from the Department of Social Services regarding office space design.
3 Tenant Improvements shall be constructed by LESSOR as described in Exhibit D. LESSEE
4 shall pay LESSOR for LESSEE Tenant Improvements ("Tenant Improvement Payments") on
5 or before the first of each month, according to the schedule described in Exhibit "C". The
6 schedule on Exhibit C, including the final Tenant Improvement Cost and Tenant Improvement
7 Payment amounts, is estimated as of the Effective Date of this Agreement, and will be
8 updated when the final Tenant Improvement Costs have been provided by the LESSOR to
9 LESSEE. LESSEE's duty to pay LESSOR for Tenant Improvements shall not begin until the
10 Rent Commencement Date, and the final Tenant Improvement Cost and Tenant Improvement
11 Payment amounts have been provided to LESSEE. LESSEE shall not be required to pay
12 partial payments for the Tenant Improvement Costs, and shall not be liable for or charged
13 extra accrued interest or any other fees or penalties, including, but not limited to late fees,
14 while LESSEE is waiting for the Tenant Improvement Cost and Tenant Improvement Payment
15 amounts to be finalized. LESSOR and LESSEE agree that approved Plans and/or Permits
16 shall be in place prior to the commencement of construction of any Tenant Improvements.
17 9. COMPLIANCE WITH ALL LAWS — If any work is undertaken at the Premises
18 by or on behalf of LESSOR, LESSOR shall comply with, and shall ensure compliance by all
19 contractors and subcontractors with, all applicable laws and regulations, including the
20 payment of prevailing wages pursuant to Section 1770 et seq. of the Labor Code.
21 It is LESSOR's sole responsibility to ensure compliance with California Labor Code
22 §§1770-1780 and any regulations or directions promulgated thereunder by the DIR to the
23 extent legally applicable to said work. To the extent legally applicable to said work, LESSOR
24 shall insert in any contract with its contractor(s), and further shall require its contractor(s) to
25 insert in any subcontract, the requirements contained in California Labor Code §§1770-1780.
26 LESSEE has made no representations upon which LESSOR has relied, and under no
27 circumstances shall LESSEE be responsible for any violation of any wage or employment
28 law, regulation or DIR requirement. Compliance with said laws, regulations and DIR
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1 requirements is the sole responsibility of LESSOR and its contractor(s).
2 10. INDEPENDENT CONTRACTOR- In performance of the work, duties and
3 obligations assumed by LESSOR under this Lease, it is mutually understood and agreed that
4 LESSOR, including any and all of the LESSOR'S officers, agents, and employees, will at all
5 times be acting and performing as an independent contractor, and shall act in an independent
6 capacity and not as an officer, agent, servant, employee,joint venture, partner, or associate of
7 LESSEE. Furthermore, LESSEE shall have no right to control or supervise or direct the manner
8 or method by which LESSOR shall perform its work and function. However, LESSEE shall retain
9 the right to administer this Lease so as to verify that LESSOR is performing its obligations in
10 accordance with the terms and conditions thereof.
11 LESSOR and LESSEE shall comply with all applicable provisions of law and the rules
12 and regulations, if any, of governmental authorities having jurisdiction over matters the subject
13 thereof.
14 Because of its status as an independent contractor, LESSOR shall have absolutely no
15 right to employment rights and benefits available to the employees of LESSEE. LESSOR shall
16 be solely liable and responsible for providing to, or on behalf of, its employees all legally required
17 employee benefits. In addition, LESSOR shall be solely responsible and save LESSEE harmless
18 from all matters relating to payment of LESSOR'S employees, including compliance with Social
19 Security withholding and all other regulations governing such matters. It is acknowledged that
20 during the term of this Lease, LESSOR may be providing services to others unrelated to the
21 LESSEE or to this Lease.
22 11. BREACH OF OBLIGATION TO MAINTAIN - In the event LESSOR breaches
23 its obligation to maintain the Premises as herein provided, LESSEE shall give written notice
24 to LESSOR within fifteen (15) days of the discovery of such breach. LESSOR shall then have
25 thirty (30) days from the date of notice to cure its breach; however, if such default continues
26 beyond thirty (30) days after written notice thereof from LESSEE to LESSOR then LESSOR
27 will not be in default hereunder if within such thirty (30) day period, LESSOR commences the
28 curing of such default and diligently and in good faith prosecutes the same to completion.
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1 If the period for cure expires and if, in LESSEE's sole determination, LESSOR has
2 failed to cure, then LESSEE may cure LESSOR'S breach and deduct the cost of such cure,
3 together with reasonable administrative costs, from LESSEE's future Rent obligations.
4 LESSEE's decision to cure LESSOR's breach shall not constitute a waiver of any rights or
5 remedies that LESSEE may have arising from this Lease or by operation of law.
6 12. ABATEMENT OF RENT AND OTHER PAYMENTS DUE TO CASUALTY,
7 CONDEMNATION, PROHIBITED USE, OR TITLE DEFECT
8 A. Abatement— Notwithstanding anything to the contrary in this Lease, (i)
9 LESSEE's obligations to pay Rent, and/or any other amounts otherwise
10 due and payable to LESSOR, shall be abated during any period, and to the
11 extent, that the Premises, or any portion thereof(in the case of an affected
12 portion of the Premises, then, such abatement shall also be in proportion
13 thereof), cannot be used and occupied by LESSEE pursuant to this Lease
14 as a result of any Casualty with respect to the Premises, or any portion
15 thereof, any title defect, or of any Condemnation or Prohibited Use of the
16 Premises, or any portion thereof, and (ii) any abatement of Rent, and/or
17 any other amounts otherwise due and payable to LESSOR shall not be
18 deemed to be a default under this Lease on the part of LESSEE.
19 B. Period of Abatement—Abatement of any Rent and/or any other amounts
20 otherwise due and payable to LESSOR shall only suspend the period
21 during which LESSEE is otherwise required to pay Rent and/or any other
22 amounts otherwise due and payable to LESSOR. This shall not relieve
23 LESSEE from its duty to pay Rent, and/or any other amounts otherwise
24 due and payable to LESSOR pursuant to this Lease once the condition
25 giving rise to the abatement has been cured, corrected, eliminated, or
26 satisfactorily resolved. Such abatement shall continue for the period
27 commencing with the date of such title defect, or of any Casualty,
28 Condemnation, or Prohibited Use of the Premises, or any portion thereof,
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1 and ending with the cure, correction, elimination or satisfactory resolution
2 of the title defect, Casualty, Condemnation, or Prohibited Use of the
3 Premises, whereby LESSEE may use and occupy the Premises, or the
4 adversely affected portion thereof, pursuant to this Lease. Cure, correction,
5 elimination or satisfactory resolution may, upon prior mutual written
6 approval of LESSOR and LESSEE (which the parties will negotiate in good
7 faith and without unreasonable delay), occur in commercially reasonable
8 stages, as determined by the nature of the problem being remedied and
9 the impact that such staged remedial action and the coordination and
10 timing thereof would have on LESSEE. LESSEE's Director of Internal
11 Services/CIO, or his/her designee, shall be authorized to execute such
12 written approval for LESSEE.
13 C. Rent— During this period of abatement, LESSEE shall only pay Rent,
14 and/or any other amounts otherwise due and payable to LESSOR for the
15 portion of the Premises that LESSEE is able to use and occupy.
16 D. Rental Interruption or Loss Insurance— During the occurrence of any
17 Casualty that is covered by rental interruption insurance or rental loss
18 insurance in Section 18, herein, the proceeds of any rental interruption
19 insurance or rental loss insurance that LESSOR may receive as a result of
20 such Casualty shall be applied by LESSOR, to the credit of LESSEE, for
21 the Rent; LESSOR shall so inform LESSEE of any such amounts so
22 received.
23 13. CONDEMNATION OR PROHIBITED USE — If the Premises, or any portion
24 thereof, is appropriated, condemned, or taken by any governmental authority or public agency
25 other than LESSEE by use or exercise of eminent domain proceedings or other proceedings,
26 or by inverse condemnation, or is sold under threat of use or exercise of eminent domain by
27 any governmental authority or public agency other than LESSEE, or if by reason of law,
28 ordinance, regulation, or court judgment, LESSEE's use or occupancy of the Premises, or
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1 any portion thereof, shall be materially and adversely affected for the period set forth in
2 clause (i) below, but excluding therefrom any day that is not a LESSEE business day
3 (collectively "Condemnation or Prohibited Use"), then LESSEE shall have the right to do
4 either of the following:
5 A. If the Condemnation or Prohibited Use has a material adverse effect on
6 LESSEE's use and occupancy of the Premises and is reasonably
7 anticipated to impact such use in excess of ninety (90) days, then LESSEE
8 may terminate this Lease by giving written notice thereof to LESSOR. Such
9 notice shall specify a date of termination of this Lease not less than one
10 hundred eighty (180) calendar days, and not more than two-hundred ten
11 (210) calendar days, from the date of such notice, or from the date that
12 LESSEE's use of the Premises will be materially adversely affected
13 pursuant to the notice LESSEE receives from LESSOR of such
14 appropriation, condemnation, taking, or sale that shall prohibit LESSEE's
15 use or occupancy of the Premises, or the affected part thereof, whichever
16 is earlier. The County Administrative Officer or the Director of Internal
17 Services/Chief Information Officer, or a designee of one of them, shall have
18 the authority to provide such notice on behalf of LESSEE.
19 B. In the event of a condemnation or prohibited use that prevents LESSEE
20 from using the Premises, Rent, and/or any other amounts otherwise due
21 and payable to LESSOR shall be abated in accordance with the provisions
22 of Section 12, herein, and LESSEE shall only pay Rent, and/or any other
23 amounts otherwise due and payable to LESSOR for the portion of the
24 Premises that LESSEE is able to use and occupy.
25 14. DESTRUCTION OR DAMAGE FROM CASUALTY - If the Premises are
26 damaged or destroyed as a result of fire, earthquake, act of God, or any other identifiable
27 event of a sudden, unexpected, or unusual nature ("Casualty"), then LESSOR shall either
28 promptly and diligently repair the damage at its own cost, or terminate this Lease as
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1 hereinafter provided.
2 A. LESSOR'S Election to Repair: If LESSOR elects to repair the Casualty
3 damage to the Premises, then it shall within thirty (30) days after the date
4 of Casualty provide written notice ("Notice of Repair") to LESSEE
5 indicating the anticipated time required to repair, not to exceed 120 days.
6 LESSOR shall bear the cost of all repairs to the Premises, including the
7 cost to repair any alterations or fixtures installed or attached thereto by
8 LESSEE. Such repairs shall restore the Premises to substantially the same
9 condition as that existing at the commencement of this Lease. Such repairs
10 shall also be made in compliance with all applicable state and local building
11 codes. LESSOR shall not be liable to LESSEE for compensation for any
12 loss of business, or any inconvenience or annoyance arising from repair of
13 the Premises as a result of the Casualty, except for rent reduction as
14 hereinafter provided. LESSEE shall be responsible at its sole cost and
15 expense for the replacement of its personal property.
16 B. LESSOR'S Election to Terminate Due to Casualty: LESSOR may only
17 elect to terminate the Lease due to Casualty if the Premises have been
18 destroyed or substantially destroyed by said Casualty, and the estimated
19 time to repair the Premises exceeds 120 days from the date of the
20 Casualty. LESSOR shall provide LESSEE with written notice of its election
21 to terminate within thirty (30) days after the date of Casualty.
22 C. Rent Reduction Due to Casualty: In the event of Casualty, LESSEE's
23 obligation to pay Rent, and/or any other amounts otherwise due and
24 payable to LESSOR shall be abated beginning on the date of the Casualty,
25 in accordance with Section 12, herein. Such reduction shall be proportional
26 to the damage caused to the Premises by the Casualty, as determined by
27 LESSEE. If LESSOR elects to repair the Premises pursuant to the terms of
28 this Lease, then reduction of Rent, and/or any other amounts otherwise
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1 due and payable to LESSOR shall continue until the date of substantial
2 completion of repair.
3 D. LESSEE'S Election to Terminate Due to Casualty: If LESSEE does not
4 receive a Notice of Repair from LESSOR within thirty (30) days after a
5 Casualty, or if the anticipated period of repair contained in the Notice of
6 Repair exceeds 120 days, then LESSEE may elect to terminate this Lease
7 as hereinafter provided. In such case, LESSEE shall have the right to
8 demand that LESSOR refund any monies which, in the judgment of
9 LESSEE, were paid to LESSOR pursuant to the Lease but which were not
10 earned by LESSOR by consequence of the Casualty. Upon receipt of such
11 demand, LESSOR shall promptly refund all such monies.
12 15. TERMINATION — If, pursuant to the terms in Sections 13 or 14, herein, either
13 LESSOR or LESSEE have an election to terminate the Lease and so elect, then notice of
14 such termination shall be made in writing to the non-terminating Party. Such notice shall
15 specify a date of termination not less than 30 days from the date of said notice, after which
16 this Lease shall convert to a month-to-month tenancy, with all of its remaining provisions in
17 full force and effect. In the case of LESSEE, the County Administrative Officer or the Director
18 of Internal Services shall have the power to provide such notice and terminate this Lease.
19 16. NO ACCELERATION OF FUTURE RENT OR OTHER
20 PAYMENTS/AMOUNTS — Notwithstanding anything to the contrary contained in this Lease or
21 any right or remedy of which LESSOR may otherwise avail itself pursuant to applicable law,
22 any right of LESSOR to recover any Rent, and/or any other amounts otherwise due and
23 payable to LESSOR as provided in this Lease shall be without acceleration of any future
24 Rent, and/or any other amounts otherwise due and payable to LESSOR before they are due
25 and payable hereunder. LESSOR hereby expressly waives its right to accelerate Rent, and/or
26 any other amounts otherwise due and payable to LESSOR in the event of a termination of
27 this Lease, pursuant to California Civil Code section 1951.2.
28 17. HOLD HARMLESS — LESSOR agrees to indemnify, save, hold harmless, and
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1 at LESSEE's request, defend LESSEE and each of its officers, agents, officials, and
2 employees from any and all costs and expenses (including attorney's fees and costs),
3 damages, liabilities, claims, and losses occurring or resulting to LESSEE in connection with
4 the performance, or failure to perform, by LESSOR, its officers, agents, or employees under
5 this Lease, and from any and all costs and expenses (including attorney's fees and costs),
6 damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
7 corporation who may be injured or damaged by the performance, or failure to perform of
8 LESSOR, its officers, agents, or employees under the Lease. This Lease is made upon the
9 expressed condition that LESSEE shall be free of all liability, damages or injury arising from
10 structural failures of the leased Premises, including, but not limited to external walls, glass,
11 doors, roof, and floor.
12 The Parties acknowledge that as between LESSOR and LESSEE, each is responsible
13 for the negligence of its own employees and invitees. This Section 17 shall survive expiration
14 or termination of this Lease.
15 18. INSURANCE
16 A. LESSOR—Without limiting the LESSEE's right to obtain indemnification
17 from LESSOR or any third parties, LESSOR, at its sole expense, shall
18 maintain in full force and effect, the following insurance policies or a
19 program of self-insurance, including but not limited to, an insurance pooling
20 arrangement of Joint Powers Agreement (JPA) throughout the term of this
21 Lease:
22 i. Commercial General Liability - Commercial General Liability
23 Insurance with limits of not less than Two Million Dollars
24 ($2,000,000) per occurrence and an annual aggregate of Four
25 Million Dollars ($4,000,000). This policy shall be issued on a per-
26 occurrence basis. COUNTY may require specific coverages
27 including completed operations, products liability, contractual
28 liability, Explosion-Collapse-Underground, fire legal liability, or any
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1 other liability insurance deemed necessary because of the nature of
2 this contract.
3 ii. Property Insurance—Against all risk of loss to property, at full
4 replacement cost with no coinsurance penalty provision.
5 iii. Rental Loss Insurance —A policy of rental interruption or rental loss
6 insurance against loss, total, or partial, of the use and occupancy of
7 the Premises, in an amount sufficient to pay Rent hereunder for a
8 twenty-four (24) month period, as a result of the hazards covered
9 by the insurance policy required under Section 18(a)(ii), herein.
10 iv. Worker's Compensation -A policy of Worker's Compensation
11 insurance as may be required by the California Labor Code.
12 LESSOR shall obtain endorsements to the Commercial General Liability insurance
13 naming the County of Fresno, its officers, agents, and employees, individually and collectively,
14 as additional insureds, but only insofar as the operations under this Lease are concerned. Such
15 coverage for additional insureds shall apply as primary insurance and any other insurance, or
16 self-insurance, maintained by LESSEE, its officers, agents, and employees shall be excess
17 only, and not contributing with insurance provided under LESSOR'S policies herein. This
18 insurance shall not be cancelled or changed without a minimum or thirty (30) days advance
19 written notice given to LESSEE.
20 LESSOR hereby waives its right to recover from LESSEE, its officers, agents, and
21 employees any amounts paid by the policy of worker's compensation insurance required by
22 this Agreement. LESSOR is solely responsible to obtain any endorsement to such policy that
23 may be necessary to accomplish such waiver of subrogation, but LESSOR's waiver of
24 subrogation under this paragraph is effective whether or not LESSOR obtains such an
25 endorsement.
26 Within (30) days from the date LESSOR executes this Lease, LESSOR shall provide
27 certificates of insurance and endorsement as stated above for all of the foregoing policies, as
28 required herein, to the County of Fresno, Attn: ISD Lease Services (L-337), 333 W. Pontiac
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1 Way, Clovis, CA 93612, stating that such insurance coverages have been obtained and are in
2 full force; that the County, its officers, agents and employees will not be responsible for any
3 premiums on the policies; that for such worker's compensation insurance the CONTRACTOR
4 has waived its right to recover from the COUNTY, its officers, agents, and employees any
5 amounts paid under the insurance policy and that waiver does not invalidate the insurance
6 policy; that such Commercial General Liability insurance names the County, its officers, agents,
7 and employees, individually and collectively, as additional insured, but only insofar as the
8 operations under this Lease are concerned. Coverage for additional insured shall apply as
9 primary insurance and any other insurance, or self-insurance, shall not be cancelled or changed
10 without a minimum of thirty (30) days advance, written notice given to County.
11 In the event LESSOR fails to keep in effect at all times insurance coverage as herein
12 provided, LESSEE may, in addition to other remedies it may have, suspend, or terminate this
13 Lease upon the occurrence of such event.
14 All policies shall be with admitted insurers licensed to do business in the State of
15 California. Insurance shall be purchased from companies possessing a current A.M. Best
16 Company rating of A FSC VII or better.
17 B. LESSEE — Shall maintain during the term of this Lease the following
18 policies of insurance, which coverages may be provided in whole or in part
19 through one or more programs of self-insurance:
20 i. Commercial General liability insurance with limits of not less than
21 Two Million Dollars ($2,000,000.00) per occurrence and an annual
22 aggregate of not less than Four Million Dollars ($4,000,000.00).
23 This policy shall be issued on an occurrence basis.
24 ii. Property insurance covering the personal property of LESSEE.
25 iii. A policy of Worker's Compensation insurance as may be required
26 by the California Labor Code.
27 19. SURRENDER OF POSSESSION - Upon the expiration or termination of this
28 Lease, LESSEE will surrender the Premises to LESSOR in such condition as that existing at
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1 the commencement of this Lease, less reasonable wear and tear, less the effects of any
2 Casualty as herein defined, and less the effects of any breach of LESSOR'S covenant to
3 maintain. LESSEE will not be responsible for any damage that LESSEE was not obligated
4 hereunder to repair.
5 20. FIXTURES - LESSOR agrees that any equipment, fixtures, or apparatus
6 installed in or on the Premises by LESSEE shall continue to be the property of LESSEE, and
7 may be removed by LESSEE at any time. LESSEE shall pay for the repair of any damage
8 caused by the removal of fixtures. Any fixtures not removed after LESSEE surrenders
9 possession shall be deemed abandoned by LESSEE, and shall become the property of
10 LESSOR.
11 21. RIGHT OF ENTRY - LESSOR, or its representative(s), upon twenty-four (24)
12 hour written notice, shall have the right to enter the Premises at any time during business
13 hours, or at such other time as LESSEE deems appropriate, to make any alterations, repairs
14 or improvements to the Premises. The normal business of LESSEE or its invitees shall not be
15 unnecessarily inconvenienced.
16 22. AMENDMENT - This Lease may be amended in writing by the mutual consent
17 of the parties without in any way affecting the remainder of this Lease.
18 23. NON-ASSIGNMENT- LESSEE shall not assign, transfer or subcontract this
19 LEASE, or the rights or duties under this Lease, without the prior written consent of the
20 LESSOR.
21 24. GOVERNING LAW- Venue for any action arising out of or relating to this
22 Lease shall be in Fresno County, California. This Lease shall be governed by the laws of the
23 State of California.
24 25. NOTICES - The persons and their addresses having authority to give and
25 receive notices under this Lease including the following:
LESSEE: LESSOR:
26
County of Fresno (L-339) D & L Lowe LP c/o Dennis Lowe
27 Director of Internal Services 147 S. Kingswood Parkway
28 333 W. Pontiac Way Reedley, CA 93654
Clovis, CA 93612
(559) 600-6200
COUNTY OF FRESNO
Fresno,California 15
L-339 DSS Reedley
1 All notices between LESSEE and LESSOR provided for or permitted under this Lease must
2 be in writing and delivered either by personal service, by first-class United States mail, or by
3 an overnight commercial courier service. A notice delivered by personal service is effective
4 upon service to the recipient. A notice delivered by first-class United States mail is effective
5 three LESSEE business days after deposit in the United States mail, postage prepaid,
6 addressed to the recipient. A notice delivered by an overnight commercial courier service is
7 effective one LESSEE business day after deposit with the overnight commercial courier
8 service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed
9 to the recipient. For all claims arising out of or related to this Lease, nothing in this section
10 establishes, waives, or modifies any claims presentation requirements or procedures
11 provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1
12 of the Government Code, beginning with section 810).
13 26. AUDITS AND INSPECTIONS —At LESSEE's request, LESSOR shall at any
14 time during business hours, and as often as the LESSEE may deem necessary, make
15 available to the LESSEE for examination, records and data with respect to the matters
16 covered by this Lease. The LESSOR shall, upon request by the LESSEE, permit the LESSEE
17 to audit and inspect all of such records and data necessary to ensure LESSOR'S compliance
18 with the terms of this Lease.
19 If this Lease exceeds ten thousand dollars ($10,000.00), LESSOR shall be subject to
20 the examination and audit of the California State Auditor for a period of three (3) years after
21 final payment under contract (Government Code Section 8546.7).
22 27. DISCLOSURE OF SELF DEALING TRANSACTIONS —This provision is only
23 applicable if the LESSOR is operating as a corporation (a for-profit or non-profit corporation)
24 or if during the term of this Lease, the LESSOR changes its status to operate as a
25 corporation.
26 Members of LESSOR'S Board of Directors shall disclose any self-dealing transactions
27 that they are a party to while LESSOR is providing goods or performing services under this
28 Lease. A self-dealing transaction shall mean a transaction to which the LESSOR is a party
COUNTY OF FRESNO
Fresno,California 16
L-339 DSS Reedley
1 and in which one or more of its directors has a material financial interest. Members of the
2 Board of Directors shall disclose any self-dealing transactions that they are a party to by
3 completing and signing a Self-Dealing Transaction Disclosure Form Exhibit "E", attached
4 hereto and by this reference incorporated herein, and submitting it to the County of Fresno
5 prior to commencing with the self-dealing transaction or immediately thereafter.
6 28. ENTIRE AGREEMENT - This Lease constitutes the entire agreement between
7 the LESSOR and LESSEE with respect to the subject matter hereof, and supersedes all prior
8 leases, negotiations, proposals, commitments, writings, advertisements, publications, and
9 understandings of any nature whatsoever, unless expressly referenced in this Lease.
10 29. COUNTERPARTS. This Lease may be executed in one or more counterparts
11 (which may be facsimile or .pdf e-mail counterparts followed by originals), each of which will
12 be deemed an original and all, taken together, will constitute one and the same instrument.
13 30. ESTOPPEL CERTIFICATE. LESSEE shall, at any time upon not less than
14 thirty (30) days prior request by LESSOR, execute, acknowledge, and deliver to LESSOR a
15 written estoppel certificate, in form satisfactory to LESSOR, certifying that this Lease is
16 unmodified and in full force and effect (or, if there have been modifications, that the same is in
17 full force and effect as modified and stating the modifications) and, if applicable, the dates to
18 which the Rent and any other charges have been paid in advance. Any such statement
19 delivered pursuant to this Section 30 may be relied upon by third persons, including a
20 prospective purchaser or encumbrancer of the Premises.
21 LESSEE'S failure to execute and deliver an estoppel certificate within thirty (30) days
22 after LESSEE'S receipt of LESSOR'S written request therefore shall be conclusive upon
23 LESSEE that this Lease is in full force and effect, without modification, except as may be
24 represented by LESSOR, that there are no uncured defaults in LESSOR'S performance, that
25 not more than one month's rental has been paid in advance, and that all other statements
26 required to be made in the estoppel certificate are conclusively made.
27 31. SUBORDINATION AND ATTORNMENT. At LESSOR'S option, this Lease
28 shall be subordinated to any mortgage or deed of trust which is now or shall hereafter be
COUNTY OF FRESNO
Fresno,California 17
L-339 DSS Reedley
1 placed upon the Premises, and LESSEE agrees to execute and deliver any instrument which
2 may be necessary to further effect the subordination of the Lease to any such mortgage or
3 deed of trust; provided, however, that such instrument of subordination shall provide, or the
4 mortgagee or beneficiary of such mortgage or deed of trust otherwise shall agree in writing in
5 recordable form delivered to LESSEE, that the mortgagee or beneficiary, including their
6 successors and assigns, recognize LEESSE's leasehold interest under this Lease, and that
7 so long as LESSEE is not in default under this Lease, foreclosure of any such mortgage or
8 deed of trust or sale pursuant to exercise of any power of sale thereunder, or deed given in
9 lieu thereof, shall not affect this Lease, but such foreclosure or sale, or deed given in lieu
10 thereof, shall be made subject to this Lease, which shall continue in full force and effect,
11 binding on LESSEE, as lessee, and the transferee, as lessor. LESSEE shall attorn to the
12 transferee as if said transferee was LESSOR under this Lease.
13 32. MEMORANDUM OF LEASE — LESSOR hereby agrees to the terms of the
14 Memorandum of Lease, a form of which is attached as Exhibit "G", and incorporated by
15 reference. LESSOR agrees to execute the Memorandum of Lease in recordable form, and
16 authorizes LESSEE to record the executed Memorandum of Lease against the Premises in
17 the Office of the County Recorder upon the Parties' execution of the Lease.
18 33. ELECTRONIC SIGNATURES. The parties agree that this Lease may be
19 executed by electronic signature as provided in this section. An "electronic signature" means
20 any symbol or process intended by an individual signing this Lease to represent their
21 signature, including but not limited to (1) a digital signature; (2) a faxed version of an original
22 handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF
23 document) of a handwritten signature. Each electronic signature affixed or attached to this
24 Lease (1) is deemed equivalent to a valid original handwritten signature of the person signing
25 this Lease for all purposes, including but not limited to evidentiary proof in any administrative
26 or judicial proceeding, and (2) has the same force and effect as the valid original handwritten
27 signature of that person. The provisions of this section satisfy the requirements of Civil Code
28 section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division
COUNTY OF FRESNO
Fresno,California 18
L-339 DSS Reedley
1 3, Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature
2 represents that it has undertaken and satisfied the requirements of Government Code section
3 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely
4 upon that representation. This Lease is not conditioned upon the parties conducting the
5 transactions under it by electronic means and either party may sign this Lease with an original
6 handwritten signature.
7
8
9
10
11
12
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15
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23
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28
COUNTY OF FRESNO
Fresno,California 19
L-339 DSS Reedley
1 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day
2 and year first hereinabove written.
3
LESSOR: LESSEE:
4 D & L Lowe LP COUNTY ESNO
5
By:
6 Dennis Lowe, Manager Steve Brand Yu, Chairman of the Board of
Supervisors of the County of Fresno
7
8
9 ATTEST:
Bernice E. Seidel
10 Clerk of the Board of Supervisors
11 County of Fresno,State of California
12 C�t4
By:
13 Depu
14
15
16
17
18
19
20
21
22
23 FOR ACCOUNTING USE ONLY:
24
25 ORG: 5610
Account: 7340
26 Fund: 0001
Subclass: 10000
27
28
COUNTY OF FRESNO r�O
Fresno,Calltom L la
L-339 DSS Reedley
1 Exhibit A
1201 E. Manning, Reedley, CA 93654
2
z�
3
NManning Ave
Employee Parking Area
4 0� - 3NN
11
7 t �i
The"BUILDING"
8
9
71 ,71
10 —
Y
12
13
14 1201 Manning Avenue
Reedley,CA
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California 21
L-339 DSS Reedley
Exhibit
EmployeeLESSEE
su MANNING AVE ���
4,
1
11
12
�`"�'t_ r � TAL PAI�KIN'CTLLS nEPICTD
13
f� 1498 Imagery Ua[e:2/Bj2018 36"36'l7.V"fJ l l9°26'11.18"W elev'.3S1 ft eya alt /S3 ft o
I
16
17
15
19
21
22
23
24
25
26
27
28
L-339 DSS Reedley
1 Exhibit C
2
Payment Schedule
3 Base Rent: Monthly **Tenant Improvement Monthly
4 18,414 S /Ft Payments
Year 1 $ 11,969.10 Year 1 $27,423.89
5 Year 2 $ 12,208.48 Year 2 $27,423.89
Year 3 $ 12,452.65 Year 3 $27,423.89
6 Year 4 $ 12,701.70 Year 4 $27,423.89
Year 5 $ 12,955.74 Year 5 $27,423.89
7 Year 6 $ 13,214.85 Year 6 $27,423.89
Year 7 $ 13,479.15 Year 7 $27,423.89
8 Year 8 $ 13,748.73 Year 8 $27,423.89
9 Year 9 $ 14,023.71 Year 9 $27,423.89
Year 10 $ 14,304.18 Year 10 $27,423.89
10 Year 11 $ 14,590.27 Year 11 $27,423.89
Year 12 $ 14,882.07 Year 12 $27,423.89
11 Year 13 $ 15,179.71 Year 13 $27,423.89
Year 14 $ 15,483.31 Year 14 $27,423.89
12 Year 15 $ 15,792.97 Year 15 $27,423.89
Year 16 $ 16,108.83 Year 16 $27,423.89
13 Year 17 $ 16,431.01 Year 17 $27,423.89
14 Year 18 $ 16,759.63 Year 18 $27,423.89
Year 19 $ 17,094.82 Year 19 $27,423.89
15
**Tenant Improvement Payments assume $3,209,356.00 in Tenant Improvement costs,
16 amortized over the 19-year term at 6.874% interest, not to exceed $3,209,356.00.
17
18
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20
21
22
23
24
25
26
27
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COUNTY OF FRESNO
Fresno,California 23
L-339 DSS Reedley
1 Exhibit D
2
Tenant Improvements
3
The Scope of Work (including all labor, materials, taxes, and equipment required to complete
4 the work as outlined below, subject to change) shall be performed by Ardent General, Inc.
The Scope of Work includes the following:
5
Demolition/Abatement
6 o Demo and remove all interior walls, acoustical ceiling system, and wires
o Demo and dispose all HVAC ductwork back to plenum, registers, and grilles
7 o Remove all abandoned electrical and conduits
o Dispose of all plumbing fixtures, restroom fixtures and partitions
8 o Demo and remove all doors and frames, and remove existing infill frames
9 o Demo storefront windows and storefront doors
o Saw cut, break, and dispose concrete slab for new plumbing
10 o Remove remaining floor tile and all mastic on concrete slab
11 ■ Concrete
o Pour and place concrete to patch back trenches for new plumbing, including
12 vapor barrier and rebar
■ Rebar to be epoxied into existing slab
13
■ Structural Steel
14 o Fabricate and install structural header for folding partition wall
15 . Rough Carpentry
o Supply all lumber and hardware to frame for new roof access hatch location
16 ■ Including access ladder and safety railing
17 ■ Casework
o Fabricate and install P-LAM upper/lower cabinets with white melamine interiors
18 and brushed chrome hardware
o Countertops figured to be a Corian solid surface with backsplash — no solid
19 surface specified on ID drawings
o Furnish and install all countertop supports, figured to be surface mount
20
■ Modular Walls (CORE Interiors)
21 o Furnish and install pre-finished modular walls to connect to existing deck
including their doors/frames/hardware
22
■ Insulation
23 o Furnish and install R-19 unfaced batts insulation over gyp board ceilings and
at 2x6 interior walls
24 o Furnish and install R-13 unfaced batts insulation at interior 2x4 walls
25 o Roof deck insulation figured as existing and to remain, as well as insulation at
perimeter furred walls
26
• Roofing
27 o Includes allowance for miscellaneous patching of existing roofing system for
new roof hatch, HVAC units etc.
28
Flashing/Sheet Metal
COUNTY OF FRESNO
Fresno,California 24
L-339 DSS Reedley
1 o Install flashing for new roof openings and roof access hatch curb
2 • Skylights
o Furnish and install (12) Solamaster 330 DS skylights including penetrations
3 and flashing at roof
4 • Roof Hatch
o Cut and install new roof access hatch at a new location
5
• Door/Frame/Hardware
6 o Furnish and install (12) 3070 1-3/4" solid core wood doors with plastic laminate
finish, on Wester Integrated frames with 302 flush casing with extended strike
7 o Furnish and install (2) 3070 hollow metal doors on hollow metal frames to
replace existing exterior doors
8 o Doors to receive Hager hardware with Schlage locksets, and Norton Closers,
all with US26D finish
9
10 Folding Partition
o Furnish and Install (1) Modernfold AcoustiSeal operable partition wall, to be
11 manual
o Finish to be vinyl, with color to be determined
12
• Storefront
13 o Supply and install new exterior storefront system —to be clear anodized metal
with Narrow Stile doors
14 o Doors to receive non-electric VonDuprin panic hardware and pull handles
o Exterior glass to be 1" insulated solarban60 Low "E", clear and tempered
15 o Supply and install interior storefront—to be clear anodized metal with '/4" clear
tempered glazing
16 o Interior storefront doors to be Narrow Stile with dead bolt locks
17 . Metal Studs/Drywall
18 o Frame new walls and soffits where shown with 3 5/8" 20ga studs to be 6"
above ceiling height
19 o Includes new metal stud framed wall to be full height between Storage 120 &
Electrical Room 119
20 o Hang new 5/8" gyp board at all new walls with level 4 finish with light stipple
texture
21 o Hang cement board backer boards at restrooms for wall tile
o Furnish and install flat strap backing where required for accessories and
22 fixtures
23 • Ceramic Tile
o Furnish and install ceramic tile on walls at restrooms up to 4ft. above finished
24 floor
25 o Furnish and install aluminum coved base and glass accent tile at top
26 • Flooring/Base
o Furnish and install carpet—to be Mohawk Lithosphere #GT334
27 o Install polished concrete finish at restrooms, break room, server room, Janitor,
Storage, and electrical room
28 o Furnish and install LVT flooring at waiting room and interview booths—to be
Mohawk Grown Up #C0075
COUNTY OFFRESNO o Provide and install rubber base flooring throughout except at restrooms
Fresno,California 25
L-339 DSS Reedley
1 Paintin
• o Prime and paint interior gypsum board surfaces throughout, exposed columns,
2 and touch up exterior tilt-up walls
3 o Prime and paint hollow metal doors and frames and paint accents per design
drawings
4 o Exterior painting is NOT figured in this scope of work
5 Acoustical Ceiling/FRP
o Furnish and install 15/16" t-bar ceiling grid with Armstrong's #2767 Cortega
6 2nd Look Tile per A2.0 and ID1.0
o Furnish and install 4'x10' FRP with pebble textures, Class C up to 4ft above
7 finished floor at Janitors
8 Code Signage
9 o Provide and install code signage, i.e. accessibility signage, door to remain
unlocked, etc.
10 Restroom Accessories
11
• o Furnish and install the following Bobrick Accessories:
■ Toilet Paper Dispensers
12 ■ Paper Towel Dispensers w/Waste disposal
■ Seat Cover Dispensers
13 • 36" Grab bars and (4) 48" grab bars
■ Soap Dispensers
14 ■ Baby Changing Stations
■ ADA Hand Dryers
15 o Furnish and install plastic laminate restroom partitions
16 Roller Shades
17 o Furnish and install (9) Roller shades with 5% Ecoscreen for storefront
18 • Awnings
o Fabricate and install (3) awnings over exterior doors, anchored into concrete
19 wall
20 • Fire Extinguishers & Cabinets/Knox Box
o Furnish and install (3) 51b. fire extinguishers with semi-recessed cabinet—
21 cabinet to be Cosmopolitan 1037F17
22 • Fire Sprinklers
o Provide design and permitting for City of Reedley for re-routing and installing
23 new fire sprinklers
o Heads to be chrome including semi-recessed escutcheons
24
• Plumbing
25 o Provide and install all new in slab piping for all domestic water supply to new
26 plumbing fixtures
o Includes hot water piping, gas lines, and condensate lines for HVAC system
27 o Furnish and install plumbing fixtures for all restrooms and break room
o Includes cleanouts, and all vent piping
28 o Repair and replace roof drains
COUNTY OF FRESNO Fresno,California 26
L-339 DSS Reedley
1 HVAC
o Provide required air balance as required
2 o Start and test of HVAC units
o Furnish and install new ducting to accommodate new offices, rooms, and
3 restrooms
o Furnish and install new registers/grilles, install new exhaust fans, new ODU
4 and IDU
o Provide and install all T-stats and wiring, CO2 sensors, dampers both fire and
5 volume
6 Electrical
o Safe-off all electrical and demo all existing panels and conduit as needed and
7 relocate existing telephone conduit
o Provide and install new electrical panels at new electrical room and provide all
8 new power distribution
■ Re-route power to existing RTUs & disconnects, and provide power to
9 exhaust fans and duct detectors
10 o Provide electrical to voice, data, and television devices
o Furnish and install new light fixtures throughout and controls to meet T24
11 requirements
o Title 24 documentation and certifications
12
• Fire Alarm
13 o Provide design and permitting for new fire alarm system
o Install all wiring and stand-alone fire alarm control panel with devices
14 Wire to be run open or through partial conduit system —conduit, j-
boxes, outlet boxes to be by electrician
15
• Exterior Improvements
16 o Provide slurry crack seal and seal coat for the south side of the building
directly behind the shopping center where the County vehicles will be parking
17 o Provide striping for the back parking lot where County is occupying the fenced
18 area
o Includes an allowance for new building sign ($20,000)
19 General Conditions
20
• o General Supervision
o General liability, workman's comp, and auto liability 3mm/5mm standard.
21 ■ 8mm umbrella policy
o General Clean-up, final construction cleanup
22 o Debris boxes including recycling reports, (10) box figured
o Includes Procore web-based project management software for project team,
23 including owners, stakeholders & AEC
24 • Qualifications
o Any unused portions of Allowance items will be returned to owner upon
25 completion of project.
o Scope of Work is figured as Prevailing Wage; Ardent General, Inc. is NOW
26 UNION
27 o Working hours are planned as standard Monday— Friday, 7am-3:30pm
o Scope of Work specifically excludes any work not detailed in scope above
28 o Price based upon concept plan. Ardent General, Inc. reserves the right to
adjust final pricing dependent on final construction documents or owner
COUNTY OF FRESNO changes based on final selections
Fresno,California 27
L-339 DSS Reedley
1 o Final Clean completed and punch list to be generated prior to F.F.E. move-in
and owner occupancy.
2 o Includes standard one (1) year warranty
o Builders risk carried by Ardent General
3 o Figure modular walls to come complete with track for heads of walls
4 Exclusions—this Scope of Work excludes the following:
o All permits, special Inspections, and testing fees
5 o Architectural, engineering fees
o Low-voltage, cabling, and terminations other than as listed
6 o Signage other than code required
o Furniture, fixtures, appliances, and tenant provided items
7 o Floor leveling, floor grinding, floor sealing for vapor remediation
o Etching of glass, glass coatings/frosting
8 o Bond costs, builders risk, specialty insurance, and/or additional named
requirements which exceed Ardent General Standards.
9 o Specialty insurance and/or additionally insured endorsements which exceed
10 Ardent General Inc. standards
o Work outside of building, site improvements besides that mentioned above
11 o Any LEED certifications and/or building commissioning
o New roof is not included in Scope of Work
12
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28
COUNTY OF FRESNO
Fresno,California 28
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1 Exhibit E
2
3 SELF-DEALING TRANSACTION DISCLOSURE FORM
4 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"),
5 must disclose any self-dealing transactions that they are a party to while providing goods,
6 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
7 which one or more of its directors has a material financial interest"
8 The definition above will be utilized for purposes of completing this disclosure form.
9
INSTRUCTIONS
10
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
11 made.
12 (2) Enter the board member's company/agency name and address.
13 (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
14 the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
15 transaction; and
16 b. The nature of the material financial interest in the Corporation's transaction
that the board member has.
17
(4) Describe in detail why the self-dealing transaction is appropriate based on
18 applicable provisions of the Corporations Code.
19 (5) Form must be signed by the board member that is involved in the self-dealing
20 transaction described in Sections (3) and (4).
Mail the completed form to: County of Fresno
21 Attn: Lease Services (L-339)
22 Internal Services Department
333 W. Pontiac Way
23 Clovis, CA 93611
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California 30
1
(1)Company Board Member Information:
2 Name: Date:
Job Title:
3 (2)Company/Agency Name and Address:
4
5
6
7
8
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
9
10
11
12
13
14
15
16
17
18
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233
19 (a):
20
21
22
23
24
25
(5)Authorized Signature
26 Signature: Date:
27
28
COUNTY OF FRESNO
Fresno,California 31
1 Exhibit F
2 Estimated Operation Costs
3
Leased Area: 18,414 Square Feet
4 Proportional Share: 25.41%
5 Category Monthly Cost County Pro-rata
6 Share (Monthly)
Electrical Utility $1,000.00 $254.10
7 Security $2,000.00 $ 508.20
8 Landscape Maintenance/Repairs $1,500.00 $381.15
Fire Monitoring $200.00 $50.82
9 Pressure Washing $350.00 $88.94
10 Parking Lot sweeping/Repairs $1,800.00 $457.38
Building Painting (5-Year amortization) $1,000.00 $254.10
11 Porter Service $800.00 $203.28
12 General Maintenance/Repairs $600.00 $152.46
Graffiti/Vandalism -Common Area $250.00 $63.53
13 Pest Control $150.00 $38.12
Parking Lot Seal/Stripe (3-year amortization) $2,000.00 $508.20
14 Tree Trimming $200.00 $50.82
15 City Services (trash & irrigation water) $1,000.00 $254.10
16 Subtotal $12,850.00 $3,265.19
17 Management Fee (10% CAM) $1,285.00 $326.52
Total CAM $14,135.00 $3,591.70
18
19 Property Taxes (Monthly) $916.67
Insurance (incl. rental interruption insurance)
20 (Monthly) $1,000.00
21 Total Operation Costs (Monthly) $5,508.37
22
Total Operation Costs (Annually) $66,100.48
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno,California 32
1 Exhibit G
2 Memorandum of Lease
3
RECORDING REQUESTED BY
4
AND WHEN RECORDED MAIL TO:
5
6 County of Fresno
Director of Internal Services/
7 Chief Information Officer
333 W. Pontiac Way
8 Clovis, CA 93612 FOR RECORDER'S USE ONLY
9
10 EXEMPT FROM RECORDING FEES PURSUANT TO GOV'T. CODE SECTIONS 27383
AND 27388.1(a)(2)(D)(AB 110, SB 2)AND DOCUMENTARY TRANSFER TAX PURSUANT
11 TO REVENUE AND TAXATION CODE SECTION 11922.
12 MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE ("Memorandum") is made and entered into this
13 8th day of June , 2021, by and between the County of Fresno, a political
subdivision of the State of California ("County"), whose address as of the date hereof is 333
14 W. Pontiac Way, Clovis, California, 93612, and D & L Lowe, LP, a California limited
partnership ("Lessor"), whose address is 147 S. Kingswood Parkway, Reedley, CA 93654.
15 A. Lessor represents that it is the sole fee owner of that certain improved real
property located in Fresno County, State of California, and having a street address of 1201 E.
16 Manning, Reedley, CA 93654 (the "Real Property");
17 B. Pursuant to that certain Lease Agreement of the same date as this
Memorandum of Lease (the "Lease Agreement"), Lessor has leased certain Premises (as
18 defined in the Lease Agreement) located on and constituting a portion of the Real Property to
19 the County, and the County has leased such Premises from the Lessor;
20 C. Pursuant to the terms and conditions of the Lease Agreement, this
Memorandum is to be recorded in the Official Records of the Fresno County Recorder with
21 respect to the Real Property for the purpose of memorializing the existence of the Lease
Agreement, the terms and conditions of which inure to the benefit of, and bind the Lessor, the
22 County, and their respective successors and assigns. Any third-party interested in obtaining
information about the Lease Agreement may contact the parties at the above-referenced
23 addresses.
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COUNTY OF FRESNO
Fresno,California 33
1 IN WITNESS WHEREOF, this Memorandum has been executed as of the day and
2 year first above written.
3 LESSOR: LESSEE:
4 D & L Lowe, LP, a California limited COUNTY OF SNO:
partnership
5
6 By: `�+'�%�� Steve randau, Chairman of the Board of
Dennis Lowe, Manager Supervisors of the County of Fresno
7 [Notary Attestation-Attached]
[Notary Attestation-Attached]
8
ATTEST:
9 Bernice E. Seidel
Clerk of the Board of Supervisors
10 County of Fresno, State of California
11
12 By:
Deputy
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COUNTY OF FRESNO
Fresno,Califomla 34
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califywia
County of 'r:N5E&O2C)7 )
On -ZU-1-L 7,021 before me, 'Lux. L/ t-,4
(insert name and title of th o icer)
personally appeared L.c.ut,. ',:S M,' , ,_
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m hand and official seal. *my
PubliSA K.CRAFT
y Notary Publit•California
Fresno County
Commission#2355a51
Comm.Expires May 17,2025
Signature ¢.� K. (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On May 14, 2021 before me Janeen Mary Stewart, a Notary Public, personally appeared,
Dennis Lowe, who proved to me on the basis of satisfactory evidence to be the persons
whose name( is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislhe authorized capacity4e—_s , and that by
his/"" signature(6} on the instrument the person(, or the entity upon behalf of which
the person(}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
JANEEN MARY STEWART
Notary Public-California z
Fresno County D
Commission k 2210220
My Comm.Expires Sep 11,2021
(47� 774aj
N TRY PUBLIC SIGNATURE 0 NOTARY PUBLIC SEAL