HomeMy WebLinkAboutAgreement A-15-380 with Robert Berry Holdings LLC.pdf Agreement No. 15-380
L-202
BerryHol ding s/Probation(3430)/DB H(5630)
1 LEASE AGREEMENT
2 THIS LEASE AGREEMENT (hereinafter LEASE) is made and entered into this day
3 of F-tU 2015, by and between ROBERT BERRY HOLDINGS, LLC, a California
4 limited liability corporation, 4955 E. Yale Avenue, Fresno, CA 93727 (hereinafter LESSOR),
5 and the COUNTY OF FRESNO, a political subdivision of the State of California, 2220 Tulare
6 Street, 21" Floor, Room 2101,Fresno, CA 93721-2106 (hereinafter LESSEE). LESSOR and
7 LESSEE shall also be 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 2212 N. Winery, Suite 122, Fresno, CA 93727,which is
10 approximately 10,539 square feet, (hereinafter "Premises").
11 2. TERM -The term of this LEASE shall be for five (5)years beginning July 1, 2015
12 and ending June 30, 2020.
13 3. RENT - LESSEE agrees to pay rent in advance on or about the first of each month
14 beginning July 1, 2015 according the following schedule:
15
16 Rent Per
Rent Year Month
17 July 1, 2015 $ 13,529.75
July 1, 2016 $ 13,529.75
18 July 1,2017 $ 13,529.75
July 1,2018 $ 13,529.75
19 July 1,2019 $ 13,529.75
20
21 4. UTILITIES - LESSEE shall pay directly those metered costs for its use of natural
22 gas and electricity, and all costs associated with its use of telephone service. In addition,
23 LESSEE shall pay to LESSOR one-third (1/3) of the cost for water, garbage and sewer
24 services for the 21,200 square feet property known as 2212 N. Winery, Fresno, CA, within
25 thirty(30)days after receipt of monthly invoices from LESSOR.
26 5. USE-LESSEE shall use the Premises as office space for its Probation
27 Department or for any other County of Fresno department, office, or agency. LESSEE agrees
28 to comply with all applicable laws, ordinances and regulations in connection with such use.
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1 LESSOR covenants that: (i)the Premises are suitable for the intended use; (ii) the
2 Premises are in compliance with all applicable laws, ordinances and regulations, including but
3 not limited to safety regulations, health and building codes; and (iii)the Premises shall remain
4 in such compliance throughout the term of this LEASE.
5 6. MAINTENANCE AND REPAIRS — LESSOR shall be responsible for the structural
6 condition of the Premises and for all exterior and interior maintenance, including but not limited
7 to the air conditioning, heating, electrical, plumbing, roof, painting, landscaping and parking lot.
8 LESSOR, at no cost to LESSEE, shall provide janitorial service, including paper supplies, as
9 shown in Exhibit A, attached hereto and by this reference incorporated herein. LESSOR
10 covenants that the Premises shall be maintained in substantially the same condition as that
11 existing at the commencement of this LEASE.
12 LESSOR shall provide one call-out per week for toilet or other interior repairs and the
13 cost to LESSOR for same shall be capped at$300 per month. LESSEE shall pay the excess
14 over the $300 cap each month. In addition, LESSEE shall pay all costs associated for call-outs
15 that exceed one call-out per week for the period Monday through Friday.
16 LESSEE shall be responsible for any water damage, including mold testing, to the
17 interior of the Premises that may result from overflowing toilets or sinks caused by LESSEE'S
18 employees, invitees or agents during Monday through Friday, 8:00 am to 5:00 pm. LESSOR
19 will be responsible for all other water damage, including mold testing, to the interior of the
20 Premises caused by broken pipes or toilets for the hours between 5:00 pm and 8:00 am,
21 Monday through Friday, and all hours Sunday, Saturday and holidays.
22 7. LESSOR IMPROVEMENTS TO PREMISES — LESSOR, at no cost to LESSEE,
23 shall make the improvements to the Premises as described on Exhibit B, attached hereto and
24 by this reference incorporated herein. The improvements shall be completed on or before
25 November 30, 2015.
26 8. COMPLIANCE WITH ALL LAWS —As to the Premises, LESSOR acknowledges
27 public funds are used for payments made by LESSEE under this LEASE and for"public works"
28 projects. Accordingly, LESSOR shall comply with, and shall ensure compliance by all
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1 contractors and subcontractors with, all applicable laws and regulations, including the payment
2 of prevailing wages pursuant to Section 1770 et. seq. of the Labor Code.
3 9. BREACH OF OBLIGATION TO MAINTAIN - In the event LESSOR breaches its
4 obligation to maintain the Premises as herein provided, LESSEE shall give written notice to
5 LESSOR within fifteen (15) days of the discovery of such breach. LESSOR shall then have
6 thirty(30) days from the date of notice to cure its breach; however, that if such default
7 continues for thirty(30) days after written notice thereof from LESSEE to LESSOR then
8 LESSOR will not be in default hereunder if within such thirty(30) day period, LESSOR
9 commences the curing of such default and diligently and in good faith prosecutes the same to
10 completion. If the period for cure expires and if, in LESSEE'S sole determination, LESSOR
11 has failed to cure,then LESSEE may, at its election:
12 (A) terminate this LEASE by providing thirty(30) days prior written notice. In such
13 case, LESSEE shall have the right to demand LESSOR refund any monies which,
14 in the judgment of LESSEE, were paid to LESSOR pursuant to the LEASE but
15 which were not earned by LESSOR by consequence of its breach. Upon receipt of
16 such demand, LESSOR shall promptly refund all such monies; or
17 (B) cure LESSOR'S breach and deduct the cost of such cure, together with
18 reasonable administrative costs,from LESSEE'S future rent obligation. LESSEE'S
19 decision to cure LESSOR'S breach shall not constitute a waiver of any rights or
20 remedies that LESSEE may have arising from this LEASE or by operation of law.
21 10. DESTRUCTION OR DAMAGE FROM CASUALTY - If the Premises are damaged
22 or destroyed as a result of fire, earthquake, act of God, or any other identifiable event of a
23 sudden, unexpected, or unusual nature (hereinafter"Casualty"), then LESSOR shall either
24 promptly and diligently repair the damage at its own cost, or terminate this LEASE as provided
25 hereinbelow.
26 (A) LESSOR'S Election to Repair: If LESSOR elects to repair the Casualty damage
27 to the Premises, then it shall within fifteen (15) days after the date of Casualty
28 provide written notice (hereinafter"Notice of Repair")to LESSEE indicating the
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1 anticipated time required to repair. LESSOR shall bear the cost of all repairs to
2 the Premises, including the cost to repair any alterations or fixtures installed or
3 attached thereto by LESSEE. Such repairs shall restore the Premises to
4 substantially the same condition as that existing at the commencement of this
5 LEASE; such repairs shall also be made in compliance with all applicable state
6 and local building codes. LESSOR shall not be liable to LESSEE for
7 compensation for any loss of business, or any inconvenience or annoyance
8 arising from repair of the Premises as a result of the Casualty except for rent
9 reduction as hereinafter provided. LESSEE shall be responsible at its sole cost
10 and expense for the replacement of its personal property.
11 (B) LESSOR'S Election to Terminate Due to Casualty: LESSOR may only elect
12 to terminate this LEASE due to Casualty if: the Premises have been destroyed or
13 substantially destroyed by said Casualty; and the estimated time to repair the
14 Premises exceeds sixty (60) days from the date of the Casualty. LESSOR shall
15 provide LESSEE with written notice of its election to terminate within thirty(30)days
16 after the date of Casualty,specifying a termination date not less than thirty(30)days
17 from the date of said notice.
18 (C) Rent Reduction Due to Casualty: In the event of Casualty, LESSEE'S
19 obligation to pay rent shall be reduced beginning on the date of the Casualty.
20 Such reduction shall be proportional to the damage caused to the Premises by
21 the Casualty as determined by LESSEE. If LESSOR elects to repair the Premises
22 pursuant to the terms of this LEASE, then the rent reduction shall continue until
23 the date of substantial completion of repair.
24 (D) LESSEE'S Election to Terminate Due to Casualty: If LESSEE does not receive a
25 Notice of Repair from LESSOR within fifteen (15)days after a Casualty, or if the
26 anticipated period of repair contained in the Notice of Repair exceeds sixty(60)
27 days, then LESSEE may elect to terminate this LEASE by providing thirty(30)
28 days prior written notice to LESSOR. In such case, LESSEE shall have the right
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1 to demand that LESSOR refund any monies which, in the judgment of LESSEE,
2 were paid to LESSOR pursuant to the LEASE but which were not earned by
3 LESSOR by consequence of the Casualty. Upon receipt of such demand,
4 LESSOR shall promptly refund all such monies.
5 11. TERMINATION NOTICES— In the case of LESSEE, the County Administrative
6 Officer, Director of Internal Services/Chief Information Officer, Chief Probation Officer or a
7 designee of one of them, shall have the power to provide termination notices as described
8 herein to terminate this LEASE.
9 12. NON FUNDING TERMINATION -This LEASE is contingent on the allocation of
10 funds by a governmental agency. Should funds not be allocated, this LEASE may be
11 terminated by the Board of Supervisors at any time by giving at least thirty(30)days prior
12 written notice to LESSOR.
13 13. HOLD HARMLESS - LESSOR agrees to indemnify, save, hold harmless, and at
14 LESSEE'S request, defend the LESSEE, its officers, agents, and employees from any and all
15 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to LESSEE
16 in connection with the performance, or failure to perform, by LESSOR, its officers, agents, or
17 employees under this LEASE, and from any and all costs and expenses, damages, liabilities,
18 claims, and losses occurring or resulting to any person, firm, or corporation who may be injured
19 or damaged by the performance, or failure to perform of LESSOR, its officers, agents, or
20 employees under the LEASE. This LEASE is made upon the expressed condition that the
21 LESSEE is to be free of all liability, damages or injury arising from structural failures of the
22 Leased Premises, including, but not limited to, external walls, glass, doors, roof and
23 floor. The parties acknowledge that as between LESSOR and LESSEE, each is responsible
24 for the negligence of its own employees and invitees.
25 14. INSURANCE -Without limiting the LESSEE'S right to obtain indemnification from
26 LESSOR or any third parties, LESSOR, at its sole expense, shall maintain in full force and
27 effect, the following insurance policies or a program of self-insurance throughout the term of
28 the Agreement:
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1 a. Commercial General Liability- Commercial General Liability Insurance with
2 limits of not less than One Million Dollars ($1,000,000) per occurrence and an
3 annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued
4 on a per occurrence basis. LESSEE may require specific coverages including
5 completed operations, products liability, contractual liability, Explosion-Collapse-
6 Underground, fire legal liability, or any other liability insurance deemed necessary
7 because of the nature of this contract.
8 b. Property Insurance —Against all risk of loss to LESSEE's property, at full
9 replacement cost with no coinsurance penalty provision, naming LESSEE as
10 additional loss payee.
11 c. Automobile Liability- Comprehensive Automobile Liability Insurance with limits
12 for bodily injury of not less than Two Hundred Fifty Thousand Dollars
13 ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per
14 accident and for property damages of not less than Fifty Thousand Dollars
15 ($50,000.00), or such coverage with a combined single limit of Five Hundred
16 Thousand Dollars ($500,000.00). Coverage should include owned and non-owned
17 vehicles used in connection with this LEASE.
18 d. Worker's Compensation -A policy of Worker's Compensation insurance as
19 may be required by the California Labor Code.
20 LESSOR shall obtain endorsements to the Commercial General Liability insurance
21 naming the County of Fresno (hereinafter"County"), its officers, agents, and employees,
22 individually and collectively, as additional insured, but only insofar as the operations under this
23 LEASE are concerned. Such coverage for additional insured shall apply as primary insurance
24 and any other insurance or self-insurance maintained by its officers, agents, and employees
25 shall be excess only and not contributing with insurance provided under LESSOR'S policies
26 herein. This insurance shall not be cancelled or changed without a minimum or thirty(30)days
27 advance written notice given to County.
28 Within (30) days from the date LESSOR executes this LEASE, LESSOR shall provide
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1 certificates of insurance and endorsement as stated above for all of the foregoing policies, as
2 required herein, to the County of Fresno, Attn: ISD Lease Services (L-202), 2220 Tulare Street,
3 21 st Floor, Room 2101, Fresno, CA 93721-2106, stating that such insurance coverages have
4 been obtained and are in full force; that the LESSEE, its officers, agents and employees will
5 not be responsible for any premiums on the policies; that such Commercial General Liability
6 insurance names the LESSEE, its officers, agents, and employees, individually and
7 collectively, as additional insured, but only insofar as the operations under this LEASE are
8 concerned; that such coverage for additional insured shall apply as primary insurance and any
9 other insurance or self- insurance shall not be cancelled or changed without a minimum of
10 thirty(30)days advance written notice given to LESSEE.
11 In the event LESSOR fails to keep in effect at all times insurance coverage as herein
12 provided, the LESSEE may, in addition to other remedies it may have, suspend or terminate
13 this 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 purchased shall be purchased from companies possessing a current A.M
16 Best Company rating of A FSC VI or better.
17 LESSEE shall maintain during the term of this Lease the following policies of insurance,
18 which coverages may be provided in whole or in part through one or more programs of self-
19 insurance:
20 a. Commercial General liability insurance with limits of not less than One Million
21 Dollars ($1,000,000.00)per occurrence and an annual aggregate of not less than Two Million
22 Dollars($2,000,000.00). This policy shall be issued on an occurrence basis.
23 b. All-Risk property insurance.
24 15. SURRENDER OF POSSESSION - Upon the expiration or termination of this
25 LEASE, LESSEE will surrender the Premises to LESSOR in such condition as existing at the
26 commencement of this LEASE, less reasonable wear and tear, less the effects of any Casualty
27 as herein defined, and less the effects of any breach of LESSOR'S covenant to maintain.
28 LESSEE will not be responsible for any damage which LESSEE was not obligated hereunder
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1 to repair.
2 16. FIXTURES - LESSOR agrees that any equipment, fixtures or apparatus installed
3 in or on the Premises by LESSEE shall continue to be the property of LESSEE and may be
4 removed by LESSEE at any time. LESSEE shall repair any damage caused by the removal of
5 fixtures. Any fixtures not removed when LESSEE surrenders possession shall become the
6 property of LESSOR.
7 17. RIGHT OF ENTRY- LESSOR, or its representative(s), upon giving 24 hours
8 written notice, shall have the right to enter the Premises at any time during business hours, or
9 at such other time as LESSEE deems appropriate, to make any alterations, repairs or
10 improvements to the Premises. The normal business of LESSEE or its invitees shall not be
11 unnecessarily inconvenienced.
12 18. AMENDMENT -This LEASE may be amended in writing by the mutual consent of
13 the parties without in any way affecting the remainder.
14 19. ASSIGNMENT-Neither Party shall assign,transfer or sub-let this LEASE, or the
15 rights or duties under this LEASE,without the prior written consent of the other Party, which
16 consent shall not be unreasonably withheld or denied.
17 20. GOVERNING LAW -Venue for any action arising out of or relating to this
18 LEASE shall be in Fresno County, California. This LEASE shall be governed by the laws of the
19 State of California.
20 21. CONFIDENTIALITY BY LESSOR - LESSOR acknowledges that in the course of
21 providing janitorial or other services in conformance with this LEASE, LESSOR and LESSOR'S
22 agents, designees and persons that LESSOR contracts with (collectively"LESSOR"for
23 purposes of this Section 21) may come into contact with information and documents regarding
24 LESSEE'S clients. LESSOR understands that all information and documents maintained by
25 LESSEE at the Premises is strictly confidential and said information and documents shall not
26 be disclosed and shall be kept in strict confidence. LESSOR acknowledges that any use or
27 distribution of documents or information obtained through LESSOR'S access to LESSEE'S
28 information and documents at the Premises shall be grounds for immediate termination of this
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1 LEASE.
2 22. NOTICES -All notices to be given under this LEASE by either Party to the other
3 Party shall be in writing, and given by any one of the following methods:
4 (i) Personal delivery; or
5 (ii) Sent by certified United States mail,first class postage prepaid,with
6 return receipt requested,to the applicable addresses as set forth below,in which case such notice
7 shall be deemed given three (3) business days if LESSOR is the recipient, or three (3) LESSEE
8 business days if LESSEE is the recipient, after such deposit and postmark with the United States
9 Postal Service; or
10 (iii) Sent by a reputable overnight commercial courier, in which case
11 such notice shall be deemed given one (1) business day if LESSOR is the recipient, or one (1)
12 LESSEE business day if LESSEE is the recipient, after such deposit with that courier to the
13 applicable addresses as set forth below; or
14 The addresses and telephone numbers of the Parties for purposes of giving receiving
15 notices under this LEASE are as follows:
16
LESSEE: LESSOR:
17 County of Fresno (L-202) Robert Berry Holdings, LLC
18 Robert W. Bash, Director of Internal 4955 E. Yale
Services/Chief Information Officer Fresno, CA 93727
19 2220 Tulare Street, 21st Floor, Room 2101
20 Fresno, CA 93721-2106
21
22 Provided however, such notices may be given to such person or at such other place as
23 either of the Parties may from time to time designate by giving written notice to the other Party,and
24 provided further however, in any event, notices of changes of address or termination of this LEASE
25 shall not be effective until actual delivery of such notice. Notices given hereunder shall not be
26 amendments or modifications to this LEASE.
27 23. INDEPENDENT CONTRACTOR- In performance of the work,duties and obligations
28 assumed by LESSOR under this LEASE, it is mutually understood and agreed that LESSOR,
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1 including any and all of the LESSOR'S officers,agents,and employees will at all times be acting and
2 performing as an independent contractor, and shall act in an independent capacity and not as an
3 officer,agent,servant,employee,joint venturer, partner,or associate of the LESSEE.Furthermore,
4 LESSEE shall have no right to control or supervise or direct the manner or method by which
5 LESSOR shall perform its work and function. However, LESSEE shall retain the right to administer
6 this LEASE so as to verify that LESSOR is performing its obligations in accordance with the terms
7 and conditions thereof.
8 LESSOR and LESSEE shall comply with all applicable provisions of law and the rules
9 and regulations, if any, of governmental authorities having jurisdiction over matters the subject
10 thereof.
11 Because of its status as an independent contractor, LESSOR shall have absolutely no
12 right to employment rights and benefits available to LESSE'S employees. LESSOR shall be
13 solely liable and responsible for providing to, or on behalf of its employees, all legally-required
14 employee benefits. In addition, LESSOR shall be solely responsible and save LESSEE
15 harmless from all matters relating to payment of LESSOR'S employees, including compliance
16 with Social Security withholding and all other regulations governing such matters. It is
17 acknowledged that during the term of this LEASE, LESSOR may be providing services to
18 others unrelated to the LESSEE or to this LEASE.
19 24. DISCLOSURE OF SELF DEALING TRANSACTIONS —This provision is only
20 applicable if the LESSOR is operating as a corporation (a for-profit or non-profit corporation)or
21 if during the term of this LEASE, the LESSOR changes its status to operate as a corporation.
22 Members of LESSOR'S Board of Directors shall disclose any self-dealing
23 transactions that they are a party to while LESSOR is providing goods or performing services
24 under this LEASE. A self-dealing transaction shall mean a transaction to which the LESSOR is
25 a party and in which one or more of its directors has a material financial interest. Members of
26 the Board of Directors shall disclose any self-dealing transactions that they are a party to by
27 completing and signing a Self-Dealing Transaction Disclosure Form Exhibit"C", attached
28 hereto and by this reference incorporated herein, and submitting it to the County of Fresno
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1 prior to commencing with the self-dealing transaction or immediately thereafter.
2 25. AUTHORITY- Each individual executing this LEASE on behalf of LESSOR
3 represents and warrants that such individual is duly authorized to execute and deliver this
4 LEASE on behalf of ROBERT BERRY HOLDINGS LLC, and that this LEASE is binding upon
5 ROBERT BERRY HOLDINGS, LLC, in accordance with its terms. The terms of this LEASE are
6 intended by the parties as a final expression of their agreement with respect to such terms as
7 are included in this LEASE and may not be contradicted by evidence of any prior or
8 contemporaneous agreement, arrangement, understanding or negotiation (whether oral or
9 written).
10 26. ENTIRE LEASE -This LEASE constitutes the entire LEASE between the
11 LESSOR and LESSEE with respect to the subject matter hereof and supersedes all prior
12 leases, negotiations, proposals, commitments, writings, advertisements, publications, and
13 understandings of any nature whatsoever unless expressly referenced in this LEASE.
14 This LEASE shall be binding on and inure to the benefit of LESSOR'S heirs,
15 III
16
17
18 III
19 1H
20
21
22
23
24
25
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27
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1 successors and assigns. EXECUTED as of the date first herein written.
2
LESSEE: LESSOR:
3 COU TY OF FIR SN ROBERT BERRY HOLDINGS, LLC,' �a C 1' ited I' mpany
4 BY
Deborah A. Poochigia'I
n, Chairma By
5 Board of Supervisors Robert A. erry, on be if of Robert Berry
Holdings, LLC, a California Limited
6 ATTEST: BERNICE E. SEIDEL, CLERK Liability Company
BOARD OF SUPERVISORS
7
By C.
8 Deputy
g APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
10
By
11 eputy
12 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A
13 TAX COLLECTOR AUDITOR- -
CONTROL R/TRE URER
14 By
15
R75 D FOR APPR VAL:
16
17 Robert W. Bash, Director of Internal
18
Services/C formation Officer
RECO ND FORA VA
19 By/�
20 ,7 Rick Chavez, Chief Probation Offic
21
22
23
Fund 0001
24 Subclass 10000
Org No. 3430(75%)and 56302091(25%)
25 Acct. No. 7340
26 Pro perty/L-202Berry/Probation-DBH
27
28
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Fresno County Probation Exhibit°A°
2212 N Winery,Suite t c it L-202
Janitorial Schedule
GENERAL CLEANING Times/Week Times/Month Times/Year
Empty trash cans and replace liners as needed 5
Vacuum,pick-up and turn mats 5
Dust,damp wipe chairs,clocks and pictures 5
Dust damp wipe and sanitize desks,tables and phones 5
Dust window ledges and sills 1
Dust baseboards and corners 1
Clean and polish light switches,handles,push plates 5
Spot clean doors,frames and walls 1
Clean vents,louvers,fans and blinds 1
Vacuum upholstered furniture 1
Clean,polish kick plates and thresholds 5
Dust lights 1
Clean,polish and sanitize drinking fountains and sinks 5
RESTROOMS Times/Week Times/Month Times/Year
Empty all trash and replace liners 5
Clean and sanitize all dispensers;soap,towels and tissue 5
Replenish paper and soap supplies 5
Clean and disinfect sinks,counter tops and mirrors 5
Clean and disinfect toilets and urinals 5
Clean and disinfect stalls,walls and partitions 5
Sweep,mop and disinfect floors 5
Clean&polish glass,mirrors and chrome hardware 5
Clean and flush floor drains 5
FLOOR CARE Times/Week Times/Month Times/Year
Sweep and damp mop the floors 5
Vacuum carpets 5
Spot clean carpets 5
Buff floors 1
Wax floors 4
GLASS Times/Week Times/Month Times/Year
Clean entrance glass doors 5
Clean interior class 1
Sweep spider webs exterior glass windows and doors 5
BREAKROOM Times/Week Times/Month Times/Year
Clean and damp wipe counters 5
Damp wipe tables and chairs 5
Clean and damp wipe microwave in and out 5
Clean and disinfect sinks 5
Clean and wipe exterior of refrigerator 5
Spot clean walls 5
Empty trash cans and replace liners 5
Sweep floors 5
Wipe tables and chairs 5
Exhibit "B"
L-202
LESSOR PAID IMPROVEMENTS
2212 N. Winery, Suite 122
Fresno, CA 93727
North Building (L-202)
• Carpet/vinyl flooring in building (offices carpet; hallways vinyl) $55.8k
• Paint interior in building 11.0k
• Exterior siding and facade repair and paint both buildings 14.Ok
• Emergency exit signage 1.0k
• Tile restroom floors 4.7k
Property Improvements
• Repair pot holes in parking lot 10.Ok
• Lighting on exterior exits 2.Ok
Total Building and Property Improvements 1 k
Exhibit T"
L-202
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
Mail the completed form to: County of Fresno
Attn: Lease Services (L-202)
Internal Services Department
2220 Tulare Street, 21s' Floor, Room 2101
Fresno, CA 93721-2106
Exhibit "C"
L-202
(,t)Company Board Member Informa itin:"
Name: Date:
Job Title:
a envy k Name and Address:",
.. ..
(3Die F� +gesfreit�nature of the self-dealingtransaction you area party to):
(4) alb wi *,thk-*f4"alin#t i ris*tb n is consistent with the requirements of Corporations Code 5233(a): '
(S,Authorized Signature ,
Signature: Date: