HomeMy WebLinkAboutAgreement A-15-340 with Clay St. Capital Inc..pdf Agreement No. 15-340
L-127FultonStreet
ClayStreetCap/DS S/5610
1 LEASE AGREEMENT
2 THIS LEASE AGREEMENT(hereinafter LEASE) is made and entered into this j�day
3 of , 2015, by and between CLAYSTREET CAPITAL, INC. 300 Montgomery
4 Street, Suite 528, San Francisco, CA 94104, (hereinafter"LESSOR"), and the COUNTY OF
5 FRESNO, a political subdivision of the State of California, 2220 Tulare Street, 161h Floor,
6 Fresno, CA 93721-2120, (hereinafter"LESSEE"). LESSOR and LESSEE shall also be
7 referred to herein singularly as a "Party" and collectively, as "Parties".
8 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14 Agt.#07-403)shall terminate, and shall be replaced and superseded in all respects by this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 4. RENT - LESSEE agrees to pay to LESSOR rent(hereinafter the 'Base Rent") in
23 advance beginning the Effective Date of this LEASE on a month-to-month basis according to
24 the following schedule:
25 ///
26
27
28
COUNTY OF FRESNO
Fresno,Callforria 1
BN 181745870
L-127FultonStreet
ClayStreetCap/DSS/5610
1
Lease Period Rent Per Month
2 July 1,2015 $ 26,411.38
3 July 1, 2016 $ 27,203.72
July 1, 2017 $ 28,019.83
4 July 1,2018 $ 28,860.43
July 1,2019 $ 29,726.24
5 July 1,2020 $ 30,618.03
July,1, 2021 $ 31,536.57
6
7 5. UTILITIES—LESSEE shall pay those metered costs associated with its use of
8 natural gas and electricity, and to include water, garbage and sewer fees, which are in addition
9 to the rent. LESSEE shall also pay all ousts 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 applicable laws, ordinances and regulations in connection with such use.
13 LESSOR covenants that: (i)to its actual knowledge, 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 compliance 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 8. LESSEE IMPROVEMENTS TO PREMISES/PAYMENT TERMS - LESSOR shall
26 construct tenant improvements (hereinafter"Tenant Improvements") as shown in Exhibit B,
27 attached hereto and incorporated herein by reference, and in the final Tenant Improvement
28 drawings, plans and specifications. The final Tenant Improvements drawings,plans and
COUNTY OF FRESNO
Fresno,CallfoMa 2
BN 18174587v1
L-127FultonStreet
ClayStreetC ap/DS S/5610
1 specifications shall be approved in writing by both LESSOR and LESSEE's Director of Social
2 Services,or their respective authorized representatives. LESSOR shall not commence
3 construction of the Tenant Improvements prior to receipt of such written approval from
4 LESSEE's authorized representative, which approval shall not be unreasonably withheld or
5 delayed. Further, any modifications to Exhibit B or to the final Tenant Improvement drawings,
6 plans and specifications shall be approved in writing by such authorized representatives of
7 both LESSOR and LESSEE prior to commencement of construction of such modifications,
8 which approval shall not be unreasonably withheld or delayed. LESSOR shall provide all
9 labor, material and equipment for the completion of the above-described work in accordance
10 with Exhibit B, and the final Tenant Improvement drawings, plans and specifications.
11 LESSOR and LESSEE agree that the total cost for the Tenant Improvements shall not
12 exceed the sum of$685,000.00, to which cost LESSOR shall contribute One Hundred Fifty
13 Thousand ($150,000.00)which shall include LESSEE'S architectural design and construction
14 documents, building permits and site inspection reports, including the cost of preliminary
15 materials. LESSEE shall pay the remaining cost in an amount not to exceed $535,000.00 as
16 follows: LESSEE shall pay to LESSOR LESSEE'S share of the Tenant Improvements,which
17 shall be in addition to the Base Rent. LESSEE'S cost for Tenant Improvements(hereinafter
18 the"TI Rent")shall be amortized over five (5)years and shall accrue interest at seven percent
19 (7%) per year as described in Exhibit C, attached hereto and by this reference incorporated
20 herein; provided, however, that LESSOR and LESSEE agree that Exhibit C is intended as a
21 hypothetical amortization schedule and upon determination of LESSEE'S actual shared cost of
22 the Tenant Improvements, the hypothetical amortization schedule will be replaced with an
23 amortization schedule that reflects the actual cost and payment terms of the Tenant
24 Improvements.
25 Should either party to this LEASE terminate this LEASE prior to completion of the five
26 (5) year amortization period to pay for the Tenant Improvements described in this Section 8,
27 then LESSEE shall pay to LESSOR, in one lump sum, an amount equal to the unamortized
28 principal balance of LESSEE's share of the cost of the Tenant Improvements. within forty-five
COUNTY OF FRESNO
Fresno,CalHorria 3
BN 18174587v1
L-127FultonStreet
ClayStreetCap/DSS/5610
1 (45)days after the LEASE termination date.
2 9. COMPLIANCE WITH ALL LAWS—As to the Premises, LESSOR acknowledges
3 public funds are used for payments made by LESSEE under this LEASE and for"public works"
4 project(s). Accordingly, LESSOR shall comply with, and shall ensure compliance by all
5 contractors and subcontractors with, all applicable laws and regulations, includingthe payment
6 of prevailing wages pursuant to Section 1770 et.seq. of the Labor Code.
7 10. ESTOPPEL STATEMENT - LESSEE shall at any time and from time to time,
8 within thirty (30)days after written request by LESSOR, execute, acknowledge and deliver to
9 LESSOR a certificate in writing stating: (i)that this LEASE is unmodified and in full force and
10 effect, or if there have been any modifications, that this LEASE is in full force and effect as
11 modified and stating the date and the nature of each modification; (ii)the date to which rental
12 and all other sums payable hereunder have been paid; (iii) that, to LESSEE'S knowledge
13 without investigation, LESSOR is not in default in the performance of any of its obligations
14 under this LEASE, that LESSEE has given no notice of default to LESSOR and that no event
15 has occurred which, but for the expiration of the applicable time period, would constitute an
16 event of default hereunder, or if LESSEE alleges that any such default, notice or event has
17 occurred, specifying the same in reasonable detail; and (iv) such other matters as may
18 reasonably be requested by LESSOR or any institutional lender, mortgagee, trustee,
19 beneficiary, or prospective purchaser of the Premises, provided, however,that such other
20 matters are acceptable to LESSEE and do not diminish any rights or increase any obligations
21 provided to or imposed upon LESSEE under this LEASE.
22 11. BREACH OF OBLIGATION TO MAINTAIN - In the event LESSOR breaches its
23 obligation to maintain the Premises as herein provided, LESSEE shall give written notice to
24 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; provided, however, that if such
26 default continues for thirty(30)days after written notice thereof from LESSEE to LESSOR
27 (and if such default is other than the payment of money and cannot be cured within such thirty
28 (30)days), then LESSOR will not be in default hereunder if within such thirty(30)day period,
COUNTY OF FRESNO
Fresno,Callforda 4
BN 18174587v1
L-127FultonStreet
ClayStreetCap/DS S/5610
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 election:
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 LESSEES 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 of 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 (A) LESSOR'S Election to Repair. If LESSOR elects to repair the Casualty damage
21 to the Premises, then it shall within thirty(30) days after the date of Casualty
22 provide written notice(hereinafter the "Notice of Repair")to LESSEE indicating
23 the anticipated time required to repair. LESSOR shall bearthe cost of all repairs
24 to the Premises, including the cost to repair any alterations or fixtures installed or
25 attached thereto by LESSEE. Such repairs shall restore the Premises to
26 substantially the same condition as that existing immediately prior to the Casualty
27 damage and such repairs shall also be made in compliance with all applicable
28 state and local building codes. LESSOR shall not be liable to LESSEE for(i)
COUNTY OF FRESNO
Fresno,C alNorda 5
BN 18174587vl
L-1 27Fulton Street
ClayStreetCa p/DS S/5610
1 compensation for any loss of business, or any inconvenience or annoyance
2 arising from repair of the Premises as a result of the Casualty except for rent
3 reduction as hereinafter provided or(ii)any damage caused by the negligence or
4 willful misconduct of LESSEE or its officers, agents, invitees or employees.
5 LESSEE shall be responsible at its sole cost and expense for the replacement of
6 its personal property.
7 (B) LESSOR'S Election to Terminate Due to Casualty: LESSOR may only elect
8 to terminate the LEASE due to Casualty if: the Premises have been destroyed or
9 substantially destroyed by said Casualty and the estimated time to repair the
10 Premises exceeds one hundred twenty (120) days from the date of the Casualty.
11 LESSOR shall provide LESSEE with written notice of its election to terminate
12 within thirty (30) days after the date of Casualty, in accordance with the
13 provisions of Section 13. hereinbelow.
14 (C) Rent Reduction Due to Casualty: In the event of Casualty, LESSEE'S
15 obligation to pay rent shall be reduced beginning on the date of the Casualty in
16 an amount proportionate to the damage caused to the Premises by the Casualty
17 as reasonably determined by LESSEE. If LESSOR elects to repair the Premises
18 pursuant to the terms of this LEASE, then the rent reduction shall continue until
19 the date of substantial completion of the repairs.
20 (D) LESSEE'S Election to Terminate Due to Casualty: If LESSEE does not receive a
21 Notice of Repair from LESSOR within thirty(30) days after a Casualty,or if the
22 anticipated period of repair contained in the Notice of Repair exceeds one
23 hundred twenty(120)days, then LESSEE may elect to terminate this LEASE as
24 provided in Section 13. hereinbelow. In such case, subject to and without waiver
25 of LESSEE's obligations under Section 8 of this LEASE, LESSEE shall have the
26 right to demand that LESSOR refund any monies which, in the judgment of
27 LESSEE, were paid to LESSOR pursuant to the LEASE but which were not
28 earned by LESSOR by consequence of the Casualty. Upon receipt of such
COUNTY OF FRESNO
Fresno,CalHorda 6
BN 18174587v1
L-127FultonStreet
Clay StreetCap/DSS/5610
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 of
11 funds by a govemmental 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 payto LESSOR, within forty-five (45) days after the LEASE
14 termination date, any unpaid rent due LESSOR, as well as any additional amounts that may
15 be due to LESSOR for Tenant Improvements pursuant to Section 8 hereinabove .
16 15. HOLD HARMLESS- LESSOR agrees to indemnify, save, hold harmless, and at
17 LESSEE'S request, defend LESSEE, its officers, agents, and employees from any and all
18 costs and expenses, damages, liabilities,claims, and losses occurring or resulting to LESSEE
19 in connection with the performance or failure to perform by LESSOR, its officers, agents or
20 employees under this LEASE, and from any and all costs and expenses,damages, liabilities,
21 claims, and losses occurring or resulting to any person,firm, or corporation who may be
22 injured or damaged by the performance or failure to perform by LESSOR, its officers, agents,
23 or employees under the LEASE.
24 LESSEE agrees to indemnify, save, hold harmless and, or LESSOR'S request, defend
25 LESSOR, its officers, agents and employees from any and all costs and expenses,damages,
26 liabilities, claims and losses occurring or resulting to LESSOR in connection with the
27 performance or failure to perform by LESSEE, its officers, agents or employees under this
28 LEASE, and from any and all costs and expenses, damages, liabilities, claims and losses
COUNTY OF FRESNO
Fresno,Calliorda 7
BN 18174587vl
L-127FultonStreet
ClayStreetCap/DSS/5610
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 responsible for the negligence of its own officers,
8 agents, employees and invitees.
9 16. INSURANCE - Without limiting the LESSEE'S right to obtain indemnification from
10 LESSOR or any third parties, LESSOR, at its sole expense, shall maintain in full force and
11 effect, the following insurance policies or a program of self-insurance throughout the term of
12 this LEASE:
13 a. Commercial General Liability- Commercial General Liability Insurance with
14 limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual
15 aggregate of Two Million ($2,000,000). This policy shall be issued on a per occurrence basis.
16 b. Property Insurance—Against all risk of loss to LESSEE property, at full
17 replacement cost with no coinsurance penalty provision, naming LESSEE as additional loss
18 payee.
19 c. Worker's Compensation - A policy of Worker's Compensation insurance may
20 be required by the California Labor Code.
21 LESSOR shall obtain endorsements to the Commercial General Liability
22 insurance naming the County of Fresno (hereinafter"County"), its officers, agents, and
23 employees, individually and collectively, as additional insured, but only insofar as the
24 operations under this LEASE are concerned. Such coverage for additional insured shall apply
25 as primary insurance and any other insurance, or self-insurance, maintained by, its officers,
26 agents, and employees shall be excess only and not contributing with insurance provided
27 under LESSOR'S policies herein. This insurance shall not be cancelled or changed without a
28 minimum or thirty (30) days advance written notice given to County.
COUNTY OF FRESNO
Fresno,Callforria 8
BN 18174587vl
L-127FultonStreet
ClayStreetCap/DSS/5610
1 Within (30) days from date LESSOR executes this LEASE, LESSOR shall provide
2 certificates of insurance and endorsement as stated above for all of the foregoing policies, as
3 required herein, to the County of Fresno, Attn: ISD Lease Services(L-127), 2220 Tulare
4 Street, 21st Floor, Room 2101, Fresno, CA 93721-2106, stating that such insurance
5 coverages have been obtained and are in full force; that the County, its officers, agents and
6 employees will not be responsible for any premiums on the policies; that such Commercial
7 General Liability insurance names the County, its officers, agents, and employees, individually
8 and collectively, as additional insured, but only insofar as the operations under this Lease are
9 concerned;that such coverage for additional insured shall apply as primary insurance an any
10 other insurance, or self- insurance shall not be cancelled or changed without a minimum of
11 thirty(30) days advance, written notice given to County.
12 In the event LESSOR fails to keep in effect at all times insurance coverage as herein
13 provided, the County may, in addition to other remedies it may have, suspend or terminate this
14 LEASE upon the occurrence of such event.
15 All policies shall be with admitted insurers licensed to do business in the State of
16 Califomia. Insurance purchased shall be purchased from companies possessing a current A.M
17 Best Company rating of A FSC VII or better.
18 LESSEE shall maintain during the term of this LEASE the following policies of
19 insurance, which coverages may be provided in whole or in part through one or more
20 programs of self-insurance:
21 a. Commercial General liability insurance with limits of not less than One Million
22 Dollars($1,000,000.00) per occurrence and an annual aggregate of not less than Two Million
23 Dollars ($2,000,000.00). This policy shall be issued on an occurrence basis.
24 b. All-Risk property insurance covering the personal property of LESSEE.
25 17. SURRENDER OF POSSESSION - Upon the expiration or termination of this
26 LEASE, LESSEE shall surrender the Premises to LESSOR in such condition as existing at the
27 commencement of this LEASE less reasonable wearand tear, less the effects of any Casualty
28 or Condemnation, and less the effects of any breach of LESSOR'S covenant to maintain.
COUNTY OF FRESNO
Fresno,Callforria 9
BN 18174587v I
L-127FultonStreet
ClayStreetCap/DSS/5610
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 installed, less reasonable wear
4 and tear.
5 18. FIXTURES - LESSOR agrees that, excluding any Tenant Improvements, any
6 equipment,fixtures or apparatus installed in oron 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
10 shall become 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 21. ASSIGNMENT- Neither party shall assign, transfer or sub-let this LEASE, or the
19 rights or duties under this LEASE,without the prior written consent of the other party,which
20 consent shall not be unreasonably withheld or denied. Notwithstanding the foregoing, LESSOR
21 shall be permitted to assign this LEASE upon the sale of the Premises, in which case LESSEE
22 will attom to and recognize the buyer of the Premises.
23 22. GOVERNING LAW-Venue for any action arising out of or relating to this
24 LEASE shall be in Fresno County, California. This LEASE shall be governed by the laws of
25 the State of California.
26 23. NOTICES - All notices given under this LEASE by either Party to the other
27 Party shall be in writing, and given by any one of the following methods:
28 (1) Personal delivery to the applicable address as set for below; or
COUNTY OF FRESNO
Fresno,California 10
BN 18174587v1
L-127FultonStreet
ClayStreetCap/DSS/5610
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 postmark with the United
5 States Postal Service; or
6 (III) Sent by a reputable overnight 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 with 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
LESSEE: LESSOR:
13 County of Fresno Clay Street Capital, Inc.
14 Robert W. Bash, Director of Attn: William Neverett
Internal Services (L-127) 300 Montgomery street, Suite 528
15 2220 Tulare Street, 21s' Floor San Francisco, CA 94104
Fresno, CA 93721-2106 (415)732-7480
16 (559)600-1715
17 Provided however, such notices may be given to such person or at such other place as
18 either of the Parties may from time to time designate by giving written notice to the other Party,
19 and provided further however, in any event notices of changes of address or termination of this
20 LEASE shall not be effective until actual delivery of such notice. Notices given hereunder shall
21 not be amendments or modifications to this LEASE.
22 24. 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)or if
24 during the term of this LEASE,the LESSOR changes its status to operate as a corporation_
25 Members of LESSOR'S Board of Directors shall disclose any self-dealing transactions
26 that they are a party to while LESSOR is providing goods or performing services under this LEASE.
27 A self-dealing transaction shall mean a transaction to which the LESSOR is a party and in which
28 one or more of its directors has a material financial interest. Members of the Board of Directors
COUNTY OF FRESNO
Fresno,Califorda 11
SN 18174587v1
L-127FultonStreet
ClayStreetCap/DSS/5610
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
10 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 ll!
23
24
25
26
27 Ill
28
COUNTY OFFRESNO
Fresno,Calliorria 12
BN 18174587vl
L-127FultonStreet
ClayStreetCap/DSS/5610
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
LESSEE: LESSOR:
4 COUNTY OF FRESNO CLAY STREET CAPITAL, INC.
5 By I By
6 Deborah A. Poochigian, Chairrn VVillfam J. everett, President/CEO
7 Bo of Supervisors /
Date Date l
8
ATTEST ER CE E. SEIDEL, CLERK
9 BOARD SUPERVISORS
10 By
11 eputy
APPROVED AS TO LEGAL FORM:
12 DANIEL C. CEDERBOR COUNTY COUNSEL
13 gy
14 eputy
APPROVED AS TO ACCOUNTING FORM:
15 VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/TREASURER-
16 TAX COLLECTOR
17 By �'t
18
RE N D FOR APP VAL:
19
20 Robert W. Bash, Director of Internal
Services/Chief Information Officer
21
22 RE O MEN RED FOR APPROVAL:
23 g
De Ino E eir c or
24 Departme of Social Services
25 Fund 0001
Subclass 10000
26 Org No. 5610
Acct. No. 7340
27
28 Property/L-127CIayStreet/DSS5610
COUNTY OF FRESNO
Fresno,CalHorria 13
BN 18174587vl
Exhibit"A"
Janitorial Duties
L-127
FULTON JANITORIAL DUTIES
GENERAL SPECIFICATIONS
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 i 1 of 4
Exhibit"A"
Janitorial Duties
L-127
4. Clean up spillage.
5. Clean all entry/exit doors and door glass, inside and outside.
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 1 2 of 4
Exhibit"A"
Janitorial Duties
L-127
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.
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
Exhibit"A"
Janitorial Duties
L-127
ATTACHMENT"1"
DEPARTMENT OF SOCIAL SERVICES FACILITY
HOUSEKEEPING SCHEDULE
DAILY WEEKLY MONTHLY AS NEEDED
Flooring—All Areas
Tile/VCT/Terrazzo/Cement
Dust floors X
Wet mop floors X
Spot Clean X
StriplWax/Polish floors Quarterly or as
re uested
Carpeted Areas
Vacuum X
Spot clean X
Shampoo Quarterly or as
requested
Restrooms-Staff
Sinks X X
Toilets X X
Floors X X
Walls X X
Baseboard X X
Restrooms-Public
Sinks X X
Toilets X X
Floors X X
Walls X X
Baseboard X X
Office/Lobby/Reception Areas
Empty trash containers X
Doors-clean&polish X
Door windows-clean X
Walls/spot clean X
Upholstered f imiture-Shampoo Cost estimates
to be provided
upon request.
Clean HVAC related vents X
Change light bulbs as needed X
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) Bi-annually or
as requested
Clean windows interior X
Clean window ledges—da wipe X
Clean lunch/break/kitchen rooms X
Clean entrance&exit doors X
Page 1 4 of 4
Exhibit "B"
L-127
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 of t-bar ceiling
Paint interior walls
Paint interior ceilings where applicable
Replace carpet throughout
Repair hard surface floor in break room
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 TD:
Replace cabinets & marline in the break room
L-127 Agree Draft Ex C TI Hypothetical Amortization Schedule.xls
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. Exhibit"C"
IL L-127
�Loan Information
LOAN DATA Table Calculation settings
Amount of Loan: $535,000.00 Amortization Table starts at date: /112015
Annual interest rate: 7.00% or at payment number:
Term(Years): 5
Yearly Pay Periods: 12
Due date of First payment: 7M12015
PERIODIC PAYMENT
Entered payment: The table uses the calculated periodic payment amount,
Calculated payment $10,593.64 unless you enter a value for"Entered payment."
CALCULATIONS
Use payment of: 619,59&S4 Beginning balance at payment 1: $535,000,00
1st payment in table: 1 Cumulative interest prior to payment 1: $0.00
Payment Beginning Ending Cumulative
No. Date Balance Interest Principal Balance Interest
1 7/1/2015 535,000.00 3,120.83 7,472.81 527,527.19 3,120.83
2 8/1/2015 527,527.19 3,077.24 7,516.40 520,010.79 6,198.08
3 9/1/2015 520,010.79 3,033.40 7,560.24 512,450.55 9,231.47
4 10/1/2015 512,450.55 2,989.29 7,604.35 504,846.20 12,220.77
5 11/1/2015 504,846.20 2,944.94 7,648.71 497,197.50 15,165.70
6 12/1/2015 497,197.50 2,900.32 7,693.32 489,504.17 18,066.02
7 1/1/2016 489,504.17 2,855.44 7,738.20 481,765.97 20,921.46
8 2/1/2016 481,765.97 2,810.30 7,783.34 473,982.63 23,731.76
9 3/1/2016 473,982.63 2,764.90 7,828.74 466,153.89 26,496.66
10 4/1/2016 466,153.89 2,719.23 7,874.41 458,279.48 29,215.89
11 5/1/2016 458,279.48 2,673.30 7,920.34 450,359.14 31,889.19
12 6/1/2016 450,359.14 2627.09 7,966.55 442392.59 34,516.29
13 7/1/2016 442,392.59 2,580.62 8,013.02 434 379.57 37,096.91
14 8/1/2016 434,379.57 2,533.88 8,059.76 426,319.81 39,630.79
15 9/1/2016 426,319.81 2,486.87 8,106.78 418,213.04 42,117.66
16 10/1/2016 418,213.04 2,439.58 8,154.07 410,058.97 44,557.23
17 11/1/2016 410,058.97 2,392.01 8,201.63 401,857.34 46,949.24
18 12/1/2016 401,857.34 2,344.17 8,249.47 393,607.87 49,293.41
19 1/1/2017 393,607.87 2296.05 8,297.60 385,310,27 51,589.46
20 2/1/2017 385,310.27 2,247.64 8,346.00 376,964.27 53,83710
21 3/1/2017 376,964.27 2,198.96 8,394.68 368 569.59 56,036.06
22 4/1/2017 368,569.59 2,149.99 8,443.65 360,125.94 58,186.05
23 5/1/2017 360,125.94 2,100.73 8,492.91 351,633.03 60,286.78
_d
24 6/1/2017 351,633.03 2,051.19 8,542.45 343,090.58 62,337.97
Page 1
L-127 Agree Draft Ex C TI 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 308419.57 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 1/1/2018 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 272932.45 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 9/1/2018 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 199432.64 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 9,485.29 160,517.06 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 161380.16 92,500.37
45 3/1/2019 161,380.16 941.38 9,652.26 151,727.90 93,44175
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 1/1/2020 62,284.05 363.32 10,230.32 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 4/12020 31,413.72 183.25 10,410.39 21,003.33 100,434.52
59 5/12020 21,003.33 122.52 10,47112 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
Exhibit T"
L-127
SEIF4)EAUNG TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3)and (4).
Mail the completed form to: County of Fresno
Attn: Lease Services (L-127)
Internal Services Department
2220 Tulare Street, Suite 2100, Room 2101
Fresno, CA93721-2106
Exhibit "D"
L-127
(1)Company Boaiir#AAkber infor atlon:
Name: Date:
Job Title:
(2�gmpa y1 cyName and Address,' Owl u-
(3)6(iclos (Pfe `Se"describe the nature of the self-dealing transaction you are a',party td}
aiy se ealf trarctio�s coistentite,reuirerrnis,t ra ons Chide3 {a)
(5)Authorized Signature ;
Signature: Date: