HomeMy WebLinkAboutAgreement A-17-324 with Heritage Centre LLC.pdf Agreement No. 17-324
1 LEASE AGREEMENT
2 THIS LEASE AGREEMENT(hereinafter LEASE)is made and entered into this 20thday
3 of June . 2017,by and between HERITAGE CENTRE.LLC,a Caliifomia Limited
4 Liability Company, 1475 Powell Street,Suite 101. Emeryville,California 94608(hereinafter
5 LESSOR),and the COUNTY OF FRESNO, a political subdivision of the State of California,
6 333 Pontiac Way, Clovis, CA 93612(hereinafter LESSEE). LESSOR and LESSEE shag also
7 be referred to herein singularly as a'Party°and collectively as'Parties."
8 1. LEASED PREMISES-LESSOR hereby leases W LESSEE approximately
9 58,866 square feet of office spaoe and apprmarnately 12,605 square feet of stone space,the
10 latter to be utilized for storage only,at the location commonly known as Heritage Centre(the
11 "Centre")located at 3151 N Miltbrook, 3109 N Milgxrook, 3676 E. Shields, 3688 E Shields, and
12 3115 N Millbrook Fresno, CA 93726, (the`Building', in that;portion of the Building as shown
13 on the site plan attached as Exhibit'A",attached hereto and by this reference incorporated
14 herein, (hereinafter"Premises")and the non-exclusive right, in common with the other tenants
15 of the Centre,to use the Centre's parking lot containing four(4)stalls per one-thousand
16 (1.000)square feet of binding space.
17 2. TERM-The initial term of this LEASE shall be for three(3)years beginning
18 July 1,2017 and ending June 30,2020(hereinafter'Initial Tern'). Upon exphffw of the Initial
19 Term,this Lease shall automabcapy renew for one(1)additional tWD-year period, urdess
20 LESSEE provers written notice of non-renewal to LESSOR at least sac(6)months prior to the
21 expiration of the Primary Temp. LESSEE's Direcor of Internal Services is hereby authorized
22 to provide such notice of non-renewal.
23 3. RENT-LESSEE shag pay rent on a monthly basis for the Premises f8ase
24 Rent' beginning Juby 1,2017,as shown in the below payment schedule. Beginning July 1,
25 2018.the Base Rent(for the office space portion of the Premises)shall increase by$0.02 per
26 square foot and by an additional$0.02 per square foot each July 1,thereafter.
27 Rent Period Office Space Storage
28 July 1.2017 $ 79,469.10 $ 2521.00
July 1.2018 $ 80,646.42 $ 2521.00
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1 July 1,2019 $ 81.823.74 $ 2521.00
July 1,2020 $ 83,001.06 $ 2521.00
2 July 1,2021 $ 84,178.38 $ 2521.00
3 4. UTILITIES—LESSOR shall be responsible for all utilities necessary for
4 LESSEE'S'normal office use.'excepting telephone service. For purposes of this LEASE,
5 "normal office use"shall mean use of utilities for general office purposes between the hours of
6 7:00 a.m.and 7:00 p.m. Monday through Friday and 8:00 a.m. until 2:00 pm. Saturdays,
7 excluding holidays. LESSEE shall not,without the written consent of LESSOR, use any
8 apparatus or device at the Premises,including without limitation electronic data processing
9 machines, punch card machines, or any other machines using in excess of 120 votes which
10 consume more ekxAriay than normally furnished or supplied for the use of the Premises as
11 general office space,as determined by LESSOR.
12 5. Qqg—LESSEE shall use the Premises as office space for its Department of
13 Social Services or for any other County of Fresno department, office,or agency. LESSEE
14 agrees to comply with all applesable laws,ordinances and regulations In connection with such
15 use.
16 LESSOR covenants that:(1)the Premises are suitable for the Intended use;(0)the
17 Premises are In compliance with all applicable laws, ordinances and regulations, including but
18 not limited to safety regulations,health and building codes:and(m)the Prerises shall remain
19 in such compliance throughout the term of this LEASE.
20 6. MAINTENANCE AND REPAIRS—LESSOR shall be responsUge for all exterior
21 and interior maintenance, including repair of air conditioning, heating units, plumbing systems,
22 electrical systems, interior light fudure ballasts and lamp replacement fire sprinkler system,
23 roof, painting,it=ing, landscape,quarterly parking lot sweeping, and parking and other
24 common area maintenance at the Premises, trw uding jariitorial service and supplies.
25 Janitorial service will be provided five(5)days per week and will include the services listed in
26 Exhibit'8°, attached hereto and by this reference gated herein. LESSOR is also
27 responsible for the structural condition of the bwkft and agrees that the bwlding W11 always
11,
28 be maintained in a condition suitable for the LESSEE'S intended use of the Premises.
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I LESSOR's maintenance responsibilities shall include exterior painting, as needed, due to
2 normal wear and tear.
3 In the event any Building systems such as air conditioning and heating units
4 malfunction, restroom fixtures are not draining properly, or water intrusion, leaks or other
5 events that immediately Impact LESSEE's occupancy of the Premises occur.LESSOR shall
6 respond within twenty-four(24)hours after contact by LESSEE to Initiate repairs and replace
7 equipment to restore the systems to full working order. Structural imues. including but not
8 limited to damaged doors,walls, roof.and windows shall be a priority,and shall be addressed
9 within the same day such are reported. LESSOR covenants that the Premises shall be
10 maintained in substantially the same condition as that existing at the commencement of this
11 LEASE.
12 7. LESSOR'S IMPROVEMENTS TO THE PREMISES—Upon commencement of
13 this LEASE, LESSOR shall, at its sole expense, conduct the following work at the Premises:
14 Replace carpet,where carpet currently exists,throughout the Premises. Color to be select
15 by LESSEE from samples provided by LESSOR. LESSOR shall ensure that the rormatl
16 business of LESSEE or its invitees shall not be unnecessarily inconvenienced by the
17 performance of such work.
18 8. OTHER TENANT IMPROVEMENTS/PAYMENT TERMS - LESSOR shall
19 construct tenant Improvements(hereir>afW Tenant ImprovemeW)as shown in Exhibit`C.
20 attached hereto and incorporated herein by reference, and In the final Tenant Improvement
21 drawings, plans and specifications. The final Tenant Improvements drawings, piarts and
22 specifications shall be approved in writing-by both LESSOR and LESSEE's Director of Social
23 Services, or their respective authorized representatives. LESSOR shall not commence
24 construction of the Tenant Improvements prior to receipt of such written approval from
25 LESSEE's authorized representative, which approval shall not be unreasonably withheld or
26 delayed. Further.any modifications to Exhibit'C or to the final Tenant Improvement
27 1 drawings, plans and specifications shall be approved in wdWV by such authorized
28 representatives of both LESSOR and LESSEE prior to commencement of construction of such
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I modifications,which approval shall not be unreasonably withheld or delayed. LESSOR shall
2 provide all labor.material and equipment for the completion of the above-described Mork in
3 accordance with Exhibit'C',and the final Tenant Improvement drawings, plans and
4 specifications.
5 LESSOR and LESSEE estimate that the total cost for the Tertant Improvements shall
6 not exceed the sum of$70.000.00. LESSEE shall pay the estimated total cost in an amount
7 not to exceed$70,000,with interest thereon, as follows: LESSEE'S cost for Tenant
a Improvements(hereinafter the'TI Rent')shall be amortized over three (3)years,with interest
9 accruing interest at 7%percent per Year as described in Exhibit'D:attached hereto and by
10 this reference incorporated herein; provided, however, that LESSOR and LESSEE agree that
11 Exhibit'D'is intended as a hypothetical amortization schedule and upon determination of
12 LESSEE'S actual shared cost of the Tenant Improvements,the hypothetical amortization
13 schedule will be replaced with an amortization schedule reflecting the actual cost of the Tenant
14 Improvements. LESSEE shall make monthly M Rent payments to LESSOR for the Tenant
15 Improvements, which shall be in addition to the Base Rent and shall constitute Rent for all
16 purposes of this lease.
17 Should either party to this LEASE terminate this LEASE prior to completion of the three
18 (3)year amortization period to pay for the Tenant Improvements desarbed in this Section 8.
19 then LESSEE shall pay to LESSOR, in one lump sum,an amount equal to the unamortized
20 principal balance of the cost of the Tenant Improvements Mfltjmin forty-fwe(45)days after the
21 LEASE termination date.
22 9. COMPLIANCE WITH ALL LAWS—As to the Premises,LESSOR
23 acknowledges public funds are used for payments made by LESSEE under this LEASE and
24 for'pubic works'projects. Acwn:rrrrgly, in connection with this LEASE(including censtr moon
25 of the Tenant Improvements)LESSOR shall Comply with, and shall ensure compliance by all
26 contractors and subcontractors with, all applicable laws and regulations, including the payment
27 of prevailing wages pursuant to Section 17M et seq.of the Labor Code.
28 10. BREACH OF OBLIGATION TO MAINTAIN-In the event LESSOR breaches its
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I obligation to maintain the Premises as herein provided. LESSEE shall give written notice to
2 LESSOR within fifteen(15)days of its discovery of such breach. LESSOR shall then have
3 thirty(30)days from the date of such notice to cure its breach,provided, however,that N the
4 item of maintenance requires more than(30)days to complete,then LESSOR will not be in
5 default hereunder if within such thirty(30)day period,LESSOR commences the work on such
6 maintenance and diligently and In good faith prosecutes the same to completion. Subject to
7 the foregoing, if the perm for cure expires and If, in LESSEE'S sole determination, LESSOR
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8 has failed to cure,then LESSEE may.at its election:
9 (A) Terminate this LEASE by providing thirty(30)days prior written notice. In such
10 case, LESSEE shall have the right to demand LESSOR refund any prepaid
11 moms. Upon receipt of such demand. LESSOR shall promptly refund all such
12 monies:or
13 (B) Cure LESSOR's breach and deduct the cost of such cure, toge#w with
14 reasonable administrative costs.from LESSEE's future rent obligation. LESSEE'S
15 decision to cure LESSOR'S breach shall not constitute a waiver of awry rights or
16 remedies that LESSEE may have arising from this LEASE or by operation of law.
17 11. DESTRUCTION OR DAMAGE FROM CASUALTY-If the Premises are damaged
18 or destroyed as a result of fire,earthquake, act of God, or any other identifiable event of a
19 sudden, unexpected,or unusual nature(hereinafter a`Casual X than LESSOR shall either
20 promptly and dUlgently repair the damage at its own cost,or terminate this LEASE as provided
21 hereinbelow.
22 (A) LESSOR'S Election to Repair. If LESSOR elects to repair the Casualty damage
23 to the Premises,then it shall within fifteen(15)days after the date of Casualty
24 provide written notice(hereinafter"Notice of Repafrp)to LESSEE indicating the
25 anticipated time required to repair. LESSOR shall bear the cost of all repairs to
26 the Premises,including the cost to rem any alterations or factures installed or
27 attached thereto by LESSEE. Such repairs shag restore the Premises to
28 substantially the same condition as that existing at the commencement of thle
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I LEASE; such repairs shall also be made in compliance with all applicable state
2 and local budding codes. LESSOR shall not be liable to LESSEE for
3 compensation for any loss of business,or any inconvenience or annoyance
4 arising from repair of the Premises as a result of the Casualty exoept for rent
5 reduction as hereinafter provided LESSEE shall be responsible at Its sole cost
6 and expense for the replacement of its personal property.
7 (B) LESSOR'S Election to Terminate Due to Casualty: LESSOR may only elect
8 to terminate this LEASE due to Casually it.the Premises have been destroyed or
9 substantially destroyed by said Casualty and the estimated time to repair the
10 Premises exceeds sixty(60)days from the date of the Casualty. LESSOR shall
11 provide LESSEE with written notice of its election to terminate within thirty (30)
12 days after the date of Casualty, specifying a termination date not less than thirty
13 (30)days from the date of said notice.
14 (C) Rent Reduction Due to Casualty; In the event of Casualty, LESSEE'S obligation
15 to pay rent shall be reduced beginning on the date of the Casualty.. Such
16 reduction shall be proportional to the damage caused to the Premises by the
17 Casualty as reasonably determined by LESSEE. If LESSOR elects to repair the
18 Premises pursuant to the terms of this LEASE,then such rent reduction shall
19 continue until the date of substantial completion of repairs.
20 (D) LE§SE 'S Electon 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 sixty(60)
23 days,then LESSEE may elect to terminate this LEASE by providing thirty(30)
24 ',days prior written notice to LESSOR. In such case, LESSEE shad have the rat
25 to demand that LESSOR refund any monies which. in the judgment of LESSEE,
26 were paid to LESSOR pursuant to the LEASE but which were not earned by
27 LESSOR by coraMuence of the Casualty. Upon receipt of such demand,
28 LESSOR shall promptly refund all such monies
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1 12. TERMINATION NOTICES—In the rase of LESSEE, the County Administrative
2 Officer. Director of Internal Services/Chief Information Officer.Director of Social Services or a
3 designee of one of them,shall have the power to provide termination notices as described
4 herein to terminate this LEASE.
5 13. NON FUNDING TERMINATION-This LEASE is contingent on the allocation of
6 funds by a governmental agency. Should funds not be allocated,this LEASE may be
7 terminated by the Board of Supervisors at any time by giving at least thirty(30)days prior
a written notice to LESSOR
9 14. HOLD HARMLESS-LESSOR agrees to indemnify,save, hold Ids,and at
10 LESSEE'S request,defend the LESSEE, its officers, agents,and employees from any and all
11 costs and expenses,damages, liabilities,clairm and losses occurring or resulting to LESSEE
12 in connection with the performance,or failure to perform,by LESSOR its officers, agents, or
13 employees under this LEASE, and from any and all costs and expenses.damages,liabilities,
14 claims, and losses occurring or resulting to any person,firm,or corporation who may be
15 injured or damaged by ttte performance,or failure to perform by LESSOR, its officers, agents,
16 or employees under the LEASE. This LEASE is made upon the express condition that the
17 LESSEE is to be free of all liability, damages or injury arising from structural failures of the
18 Leased Premises, mcludift but not limited to.external walls, glass, doors, roof and floor. The
19 parties admowledge that as between LESSOR and LESSEE,each is responsible for the
20 negligence of its own employees and invitees.
21 15. INSURANCE-Without limiting the LESSEE's right to obtain indemnification
22 from LESSOR or any third parties, LESSOR,at its sole expense,shall maintain in full force
23 and effect,the following insurance pol'ici or a program of self-insurance throughout the tern
24 of the Agreement:
25 a.Commercial General Liability-Commensal General Liability Insurance with
26 limits of not less than One Mllion Dollars($1,00.000)per occurrence and a
27 general aggregate of Two Million Dollars($2,000,000).This policy shall be issued
28 on a per occurrence basis and name LESSEE as an additional insured.
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I b. Fire Insurance and Extended Coverage. LESSOR shall add LESSEE as an
2 additional loss-payee.
3 m Automobile LiabiGty-Comprehensive Automobile Liability Insurance with limits:
4 for bodily injury of not less than Two Hundred Fifty Thousand Dollars
5 ($250,000.00)per person, Five Hundred Thousand Dollars($500.000.00) per
6 accident and for property damages of not less than Fifty Thousand Dollars
7 ($50,000.00),or such coverage with a combined single limit of Five Hundred
8 Thousand Dollars($500,000.00).Coverage should include owned and non-owned
9 vehicles used in connection with this LEASE.
10 d. Worker's Compensation-A policy of Worker's Compensation insurance as
11 may be required by the California Labor Code.
12
13 Within(30)days from the date LESSOR executes this LEASE, LESSOR shall provide
14 certificates of insurance and endorsement as stated above for all of the foregoing pokes,as
15 required herein,to the County of Fresno,Attn: ISD Lease Services(L-314 333 Pontiac Way,
16 Clovis, CA 93612, stating that such Insurance coverages have been obtained and are in full
17 force;that the LESSEE, its officers,agents and employees will not be responsible for any
18 premiums on the policies that such Commercial General Liablity insurance names the
19 LESSEE, its officers,agents,and employees, indvkkm0y and oollecOveiy, as additional
20 insured, but only Insofar as the operations under#his LEASE are conceimed:that such
21 coverage for additional insured shall apply as primary insurance and any other insurance or
22. self-insurance shall not be cancelled or changed without a minimum of thirty(30)days
23 advance written notice given to LESSEE.
24 In the event LESSOR fails to keep in effect at all times insurance coverage as herein
25 provided,the LESSEE may,in addition to other remedies it may have, suspend or terminate
26 this Lease upon the occurrence of such event.
27 All policies shall be with admitted insurers licensed to do business in the State of
28 California. Insurance purchased shall be purchased from companies possessing a current AM
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1 Best Company rating of A FSC VII or better.
2 LESSEE shall mairrtain during the term of this Lease the following pommies of
3 Insurance,which coverages may be provided In whole or in part through one or more
4 programs of self-insurance:
5 a.. Commercial General liability insurance with limits of not less than One
6 Million Dollars($1,000,000.00)per occurrence and an annual aggregate of not less than Two
7 Million Dollars($2,000,000.00). This policy shall be issued on an occurrence basis.
8 b. All-Risk property insurance.
9 16. ESTOPPEL CERTIFICATE—LESSEE shall,at any time upon not less than
10 thirty(30)days prior request by LESSOR, execute, admowtodge and deliver to LESSOR a
11 written estoppel certificate, in a form satWactory to LESSOR,certifying that this Lease is
12 unmodified and in full force and effect(or, if there have been modifications, that the some is in
13 full force and effect as modified and stating the moffmabons)and, If ate,the dates to
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14 which the Rent and any other charges have been paid in advance. Any such statement
15 delivered pursuant to this Section 16 may be relied upon by third persons, including a
16 prospective purchaser or encumbrancer of the Premises.
17 LESSEE'S failure to execute and deftver an estoppel certificate within thirty(30)days
18 after LESSEE'S receipt of LESSOR'S written request therefore shaft be conclusive upon
19 LESSEE that this Lease is in full force and effect,witttord modification except as may be
20 represented by LESSOR,that there are no uncured defaults in LESSOR'S performance,that
21 not more than one month's rental has been paid in advance, and that aQ other statements
22 required to be made in the estoppel certificate are conclusively made.
23 17. SUBORDINATION AND ATTORNWNT'—At LESSOR'S option,this lease
24 shall be subordinated to any mortgage or deed of trust which is now or shall hereafter be
25 placed upon the Rises,and LESSEE agrees to execute and deliver any instrument which
26 may be necessary to further effect the subordination of the Lease to any such mortgage or
27 deed of trust; provided, however.that such instrument of subordination shall provide, or the
28 mortgagee or beneficiary of such mortgage or deed of trust otherwise shall agree in writing in
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1 recordable form delivered to LESSEE, that the mortgages or beneficiary, inc tuding their
2 successors and assigns. recognize LESSEE's leasehold interest under this Lease and that so
3 long as LESSEE is not in default under this Lease,foreclosure of any such mortgage or deed
4 of trust or sale pursuant to exercise of any power of sale thereunder, or deed given in lieu
5 thereof, shall not affect this Lease but such foreclosure or sale.or deed given In lieu thereof,
6 shall be made subject to this Lease which shall continue in full force and effect, binding on
7 LESSEE,as lessee,and the transferee,as lessor. LESSEE shall ettom to the transferee as if
8 said transferee was LESSOR under this Lease.
9 18. SURRENDER OF POSSESSION -Upor the expiration or termination of this
10 LEASE, LESSEE will surrender the Premises to LESSOR in such condition as existing at the
11 commencement of this LEASE or upon completion of the Tenant improvements(whbchever Is
12 applicable), less reasonable wear and bear, less the effects of any Casuelty as therein deftrted,
13 and less the effects of any breach of LESSOR'S covenant to maintain. LESSEE will not be
14 responsible for arty damage which LESSEE was not obligated hereunder to repair.
15 19. FIXTURES- LESSOR agrees that any equipment,fixtures or apparatus
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16 installed in or on the Premises by LESSEE shaN continue to be the property of LESSEE and
17 may be removed by LESSEE at any time. LESSEE shall repair any damage caused by the
18 removal of fixtures- Any fixtures not removed when LESSEE surrenders possession shall
19 become the property of LESSOR.
20 20. RIGHT OF ENTRY-LESSOR,or its representati+re(s), upon giving 24 tours
21 written notice(other than in an emergency,when such notice shall not be required),shall have
22 the right to enter the Premises at any time during business hours,or at such other time as
23 LESSEE deems appropriete,to make any alterations, repairs or Improvements to the
24 Premises. The normal business of LESSEE or its invitees shall not be unnecessarily
25 inconvenienced.
26 21. AMENDMENT-This LEASE may be amended in writing by the mutual consent
27 of the parties without In any way affectirtg the remaindw.
28 22. ASSIGNMENT- LESSEE shall not assign,transfer or sublet this LEASE.or b
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I rights or duties under this LEASE.without the prior written consent of LESSOR,which consent
2 shall not be unreasonably withheld or denied.LESSOR shall have the right to assign this LEASE
3 In connection with any sale of the Premises,provided that LESSOR promptly notifies LESSEE in
4 writing of any proposed or imp such sale.
5 23. GOVERNING LAW-Veawe for any anion arising out of or relating to this
6 LEASE shall be in Fresno County,California. Thus LEASE shall be govemed by the laws of
7 the State of California.
8 24. NOTICES-All notices to be given under this LEASE by either Party to the other
9 Party shall be in writing, and given by any one of the fo0owing metftods:
10 (i) Personal delivery; or
11 (ii) Sent by certified United States mall, first class postage prepaid.
12 with return receipt requested,to the applicable addresses asset forth below,In which case such
13 notice shall be deemed girt three (3) business days if LESSOR is the recipient, or three(3)
14 LESSEE business days if LESSEE is the recipient, after such deposit and postmark with the
15 United States Postal Service;or
16 (tii) Sent by a reputable ovemigtrt commercial courier, in which case
17 such notice shall be deemed given one(1)business day if LESSOR is the recipient, or one(1)
18 LESSEE business day if LESSEE Is the recipient, after such deposit with that courier to the
19 applicable addresses as set forth below;or
20 The addresses and telephone numbers of the Parties for purposes of giving receiving
21 notices under this LEASE are as fiollows:
22 LESSEE- - LESSOR:
23 County of Fresno(L-317) Heritage Centre LLC
Robert W.Bash,Director of Internal Attn: Steve Schwartz
24 Services/Chief Information Officer 837 Arnold Drive.Suite 8
333 Pontiac Way Martinez,CA 94553
25 CkrAs, CA 93612
26
27 Provided however, such notices may be given to such person or at such other place as
28 either of the Parties may from time to time designate by giving written notice to the other Party,
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1 and provided further however.In any event, notices of changes of address or termination of this
2 LEASE shall not be effective until actual delivery of such notice. Notices given hereunder shall
3 not be amendments or modifications to this LEASE.
4 25. INDEPENDENT CONTRACTOR - In ice of the work, dugs and
5 obligations assumed by LESSOR under this LEASE, It is mutually understood and agreed that
6 LESSOR, including any and all of the LESSOR'S officers,agents,and employees will at ail times
7 be acting and pertaining as an indiependent contractor, and shag act In an independent capacity
8 and not as an offm,agent,servant,employee,joint venture,paltrier,or of the LESSEE.
9 Furtthemwre, LESSEE shag have no right to control or supervise or direct the manner or method
10 by which LESSOR shag perform its worts and function. However, LESSEE shag retain the right to
11 administer the LEASE so as to verity that LESSOR is pertuxining its obligations in a000rdenos with
12 the terms and conditions thereof.
13 LESSOR and LESSEE shag comply with all applicable provisions of law and the rules
14 and regulations, if any,of govammertaI authorities having jurisdiction over ratters the subject
15 thereof.
16 Because of its status as an independent contractor, LESSOR shag have absolutely no
17 right to employment rights and benefits available to LESSE'S employees. LESSOR shag be
18 solely liable and responsible for providing to,or on behalf of its employees,all legally-required
19 employee benefits. In addition,LESSOR shall be solely responsible and save LESSEE
20 harmless from all matters relating to payment of LESSOR'S employees, including compliance
21 with Social Security withholding and ail other regulations goveming such matters. It is
22 acknowledged that during the term of this LEASE, LESSOR may be providing services to
23 others unrelated to the LESSEE or to this LEASE.
24 26. DISCLOSURE OF SELF DEALING TRANSACTIONS—This provision is ordy
25 applicable if the LESSOR is operating as a corporation(a for-profit or non-profit corporation)or
26 if during the tern of this LEASE, the LESSOR cues its status to operate as a corporatom.
27 Members of LESSOR'S Board of Directors shall disclose any seat-dee&q trans ions
28 that they are a party to while LESSOR is providing goods or performing services under this
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I LEASE.A self-dealing transaction shall mean a transaction to which the LESSOR is apart
2 and In which one or more cf its directors has a material financial interest.Members of the
3 Board of Directors shall disclose any transactions that they are a party to by
4 complebM and signing a Self Dealing Transaction Disclosure Form Exhibit"E°,attached I
5 hereto and by this reference Incorponis herein,and subrthii6ng it to the County of Fresno
6 prior to commencing with the self-dealing transaction or Immediately thereafter. I
7 27. AUTHORITY-Each individual executing this LEASE on behalf of LESSOR
8 represents and warrants that such individual is duly authorized to execute and deliver this
9 LEASE on behalf of,HERITAGE CENTRE, LLC and that this LEASE is binding upon,
10 HERITAGE CENTRE, LLC in accordance with its term.
11 28. ENTIRE LEASE-This LEASE constitutes the entire LEASE between the
12 LESSOR and LESSEE with respect to the subject matter hereof and supe all prior
13 leases, negotiations,proposals, commitments,writings,advertisements, publications, and
14 urhderstarr ngs of any nature whatsoever unless a referenced in this LEASE.
15 This LEASE shall be binding on and inure to the benefit of LESSOR'S heirs,
16 successors and assigns. EXECUTED as of the date first herein written.
17 !/!
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22 /!/
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24 /!/
25 I m
26 N/
27 /N
28 N!
coum"of NEW 13
From.
1 �n
2
3 LESSEE LESSOR
4 COUN Y OF FRESNO HERITAGE C
5 B y--jh—m�
Brian Pacheco. Cha uwan By
6 Board of SuperviSOM 1 R. on I .Ma Bing Dit or
7 ATTEST 13ERNICE E SEIDEL CLERK
BOARD OF SUPERVISORS By
8 Steve SCh . Ow
Representative
9 �
10
11 APPROVED AS TO LEGAL FORM.
DANIEL C CEDERBORG C UNTY COUNSEL
12 By /"
13
14 APPROVED AS TO ACCOUNTING FORM
OSCAR J GARCIA. C.P.A
15 TAX COLLECTOR AUDITOR-
CONTROLLE RITREASUR ER
16 B
17 RECO E FOR APPROV
t8
19 Robert W SaSh.Director of Internal
ServiceWChief Information Officer
20
R C E A APPROVAL OVAL
21
22 vemn l Sers 23
24 Funa awl
Subriam 700W
25 Oro No 5610
AM No 7W
26
27
28
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Exhibit "A"
East Shiekds Ave
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Heritage Centre Campus
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I Exhibit'BO
2 L-317
3 ! QERFORMED DAILY:
4 a Vacuum all carpeted areas
5 • Dust mopJbweep, mop floors
6 • Spot dean carpets
7 • Dust cleared desk and table surfaces,clean counters
8 • Empty all waste baskets and dgmse of trash in appropriate trash bins
9 . Remove interior cobwebs
10 • Clean smudges and unsightly appearances from door jambs,light switches,glass
11 partitions,and counters
12 • Clean and sanitize all sinks,toilets,and urinals
13 . Refill paper supplies in restrooms(paper towels,toilet tissue,soap,etc.)
14 PERFORMED WEEKLY:
15 • Dust picture frames and partitian tops
16 PERFORMED EVERY THREE MONTHS:
17 . Exterior windows
18 . Dusf/dean baseboards
19 . Dust all mini blinds
20 • Wash/cleen light fixtures and A!C vents
21 PERFORMED EVERY SIX MONTHS:
22 a Interior windows
23 a Steam dean all carpets
24 . Strip and wax vinyl and file floors
25
26 PERFORMED ONCE PER YEAR
27 Wash/dean walls
28
11
COUMOFFRnm
R.me,o�• 1
1
2 PERFORM AS REQUIRED
3 • Wet mop floors
4 • Dust wall picture frames and partition tops
5 . Kgh dust,lndLWftwelK W ff*m.vents and ledges above normal reach door ledges
6 . DusUclean baseboards
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
eauxm of FAM
qmo,CWWOMM 2
EXHIBIT C
Open wall space to create opening to allow for two additional reception counters.
Prep and install flooring (tile and carpet)to affected area.
Patch and paint walls as necessary.
Provide and install electrical for new reception stations.
Provide and install an additional for three (3) light fixtures(4'x2'fixtures).
Relocate two (2) H V A C registers.
ExhQ*`!Cr
l—317
Tenant Improvements
Amortization Schedule
Year Monthly Annual
Year One S 2,161.00 $ 25,932.00
Year Two $ 2,161.00 $ 25,932.00
Year Three $ 2,161.00 $ 25.932.00
Exhibit"E"
L-317
SELF DEIIUNG TRANSACTION DISCLOSURE FOIRfM
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 white 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 seif-dealing
transaction described in Sections(3) and (4).
Mail the completed form to: County of Fresno
Attn: Lease Services(L-289)
Internal Services Department
2220 Tulare Street, Suite 2100
Fresno, CA 93721-2106
Exhibit IF
L-317
(i)Company Board Member 1
Name: Elate:
Job Title:
(2)Company/AVM Name and Address:
(3)Disdosure(Please describe the nature of the se"eaprtg transaction you are a party to):
(4)BW[aM why this sef nng tramcdon is condstent with the requirements of Corporafoas Code SM(a):
Aid
Signature: Gate: