HomeMy WebLinkAboutAgreement A-17-324 with Heritage Centre, LLC.pdf1 LEASE AGREEMENT
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2 THIS LEASE AGREEMENT (hereinafter LEASE) is made and entered into this -~
3 of _____ ,, 2017, by and between HERITAGE CENTRE. LLC. a Califomia Limited
4 Liability Company, 1475 Powell Street, Suite 101, Emefyville, California 94608 (hereinafter
5 LESSOR}, and the COUNTY OF FRESNO, a political subdivision of the State of Caliomia,
6 333 Pontiac Way, Clovis, CA 93612 (hereinafter LESSEE). LESSOR and LESSEE shaU also
7 be referred to herein singular1y as a "'PartyD and coflectively as •Parties."
8 1. LEA§ED PREMISES -LESSOR hereby leases to LESSEE approximately
9 58,866 square feet of office space and approximatety 12,605 square feet of storage 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 Millbrook, 3109 N Millbrook, 3676 E. Shields, 3688 E Shields, and
12 3115 N Millbrook Fresno, CA 93726, (the •Building1, in that:portion of the Building as shown
13 on the site plan attached as Exhibit ·A·. attached hereto and by this reference.inccrporated
14 herein, (hereinafter "Premises") and the non-exclusive right. in common with the other tenams
15 of the Centre, to use the Centre's partcing lot containing four (4) stalls per one-thousand
16 (1,000) square feet of building space.
17 2. TERM -The Initial tenn of this LEASE shall be for three (3) years beginning
18 July 1, 2017 and ending June 30, 2020 (hereinafter •tnitial Temtj. Upon expiration of the Initial
19 Tenn, this Lease shall automatically renew for one (1) additional Mo-year period, untess
20 LESSEE provides written notice of non-renewal to LESSOR at least six (6) months prior ta the
21 expiration of the Primary Term. LESSEE's Direc:tor of·lntemal Services is hereby authorized
22 to provide such notice of non-renewal.
23 3. B.5!fi -LESSEE shaD pay rent on a monthly basis for the Premises ,rease
24 Renr) beginning Juty 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 b>f $0.02 per
26 square foot and by an additional $0.02 per square foot each July 1, thereafter:
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Rent Period
July 1. 2017
July 1. 2018
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Office Space Storage
$ 79,469.10 $ 2521.00
$ 80,646.42 $ 2521.00
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July 1.2019 $ 81,823.74 $ 2521.00
July 1, 2020 $ 83,001.06 $ 2521.00
July 1, 2021 $ 84,178.38 $ 2521.00
UTILITIES -LESSOR shall be responsible b' all utilities neeessary for
4 LESSEE'S •normal office use,• excepting telephone service. For purposes of this LEASE,
5 "normal office use" shaJI mean use of utHities 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 p.m. Saturdays,
1 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 processlng
9 machines, punch card machines, or any other machines using in excess of 120 volts which
10 consume more electricity than normaUy furnished or supplied for the use of the Premises as
11 general office space, as determined by LESSOR.
12 5. .IJ§E -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 applicable laws, ordinances and regulations In connection with such
15 use.
16 LESSOR covenants that (i) the Premises are suitable for the Intended use: (D) the
17 Premises are In compliance with all applicable laws, ordinances and f9QulaUons, including but
18 not limited to safety regulations, health and building codes; and (iii) the Premises shall .remain
t9 in such compliance throughout the tenn of this LEASE.
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6. MAINJENANCE AND REPAIRS-LESSOR shall be responsible for all exterior
and interior maintenance, including repair of air conditioning, heating units, plumbing systems,
electrical systems, interior light fixture ballasts and tamp replacement fire sprtnlder system,
roof, painting, ftooiing, randscape, quarterty perking lot sweeping, and parking and other
common area maintenance at the Premises, Including janitorial service and supplies.
Janitorial service will be provid8d five (5) days per week and will include the services listed in
Exhibit ·e·. attached hereto and by this reference fncolporated herein. 'LESSOR is also
responsible for the structural condition of the bw1ding and agrees that the building wm always
be maintained in a concfdion suitable for the LESSEE'S intended use of the Premises.
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1 LESSOR's maintenance responsibilities shall include exterior painting, as needed, due to
2 nonnal 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 oc:cur. LESSOR shall
6 respond within twemy-four (24) hours after contact by LESSEE to Initiate repairs and replace
1 equipment to restore the systems to full working order. Structural issues. including but not
8 limited to damaged doors, wafts, roof, and windows shaU be a priority, and shall be addressed
9 within the same day such are reported. LESSOR covenants that the Premises shaD be
10 maintained in substantiaDy the same condition as that existing at the commencement of this
11 LEASE.
12 7. LESSOR'S IMPROVEMENIS TO THE PREMISES -Upon commencement of
13 this LEASE, LESSOR shaD, at ils sole expense, conduct the following work at the Premises:
14 Replace carpet, where carpet currently exists, throughout the Premises. Color to be selected
15 by LESSEE from samples provfded by LESSOR. LESSOR shall ensure that the normal
16 business of LESSEE or its invitees shall not be unnecessarily inconvenienced by the
17 performance of such· work.
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8. OTHER TENANT IMPROVEMENTSJPAYMENT TERMS -LESSOR shall
construct tenant Improvements (hereill8fter '7enant Improvements•) as shown in Exhibit "C".
attached hereto and incorporated herein by raference, and in the final Tenant Improvement
drawings, plans and specifications. The fmal Tenant Improvements drawings, pJans and
specifications shaD be approved Jn writing ·by both LESSOR and LESSEE'S Director of Social
Services, or their respective authorized representatives. LESSOR shaD not commence
construction of the Tenant Improvements prior to rec::elpt of such written approval from
LESSEE's authoriZed representative, which approval shall not be unreasonabty withheld or
delayed. Further. any modfficatlons to Exhibit -C-or to the final Tenant Improvement
drawings, plans and specifications shall be approved in writing by such authorized
representatives of both LESSOR end LESSEE prior to commencement of construction of such
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1 mocflfications, which approval shall not be unreasonably withheld or detayed. LESSOR shaft
2 provide all labor. material and equipment for the completion of the abovfHiescribed work 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 Tenant hnprovements shall
6 not exceed the sum of $ 70.000.00. LESSEE shall pay the estimated total cost in an amount
1 not to exceed $70,000, with interest 1hereon, as follows: LESSEE'S cost for Tenant
8 Improvements (hereinafter the "Tl Rent; shall be amortized over three (3) years, with Interest
9 accruing interest at 1% percent per year as described in Exhibit ·o: attached hereto and by
10 this reference incorporated herein; provided, however, that LESSOR and LESSEE agree that
11 Exhibit -o· 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 reflacting the actual cost of the Tenant
14 Improvements. LESSEE shall make monthly TI Rent payments to LESSOR for the Tenant
15 Improvements, which shaft be in addition to the Base Rent and shall constitute Rent for an
16 purposes of this lease.
17 Should either party to this LEASE terminate this LEASE prior to ccmpretion of the three
18 (3) year amortization period to pay for the Tenant Improvements desaibed in this Section 8,
19 then LESSEE shall pay to LESSOR, in one lwnp sum, an amount equal to the unamortized
20 principal balance of the cost of the Tenant Improvements within forty-five (45) days after the
21 LEASE termination date.
22 9. COMPl,IAHCE WITH ALL LAWS -As to the Premises, LESSOR
23 acknowtedges public funds are used for payments made by LESSEE under this LEASE and
24 for •put111c works· projects. Accordingly, in connection with this LEASE (including construction
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. includlng the payment
27 of prevailing wages pursuant to Section 1 no et seq. of the Labor Code.
28 10. BREACH OF OBLIGATION TO MAINTAIN -In the event LESSOR breaches its
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1 obUgation to maintain the Premises as herein provided, LESSEE shan give written notice to
2 LESSOR within fifteen (15) days of its discovery of such breach. 1LESSOR shall then have
3 thirty (30) days from the date of such notice to cure its breach, provided, however, that if the
4 item of maintenance requires more than (30) days to comptete, then LESSOR wiH not be In
5 default hereunder if within such thirty (30) day period, LESSOR commences the work on such
6 maintenance and dillgentty and In good faith prosecutes the same to completion. Subject to
7 the foregoing, if the period for cure expires and If, in LESSEE'S sole detennination, LESSOR
8 has failed to cure, then LESSEE may, at ils 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 monies. 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, together with
14 reasonable administrative cost&, from LESSEE"s future rent obligation. LESSEE'S
15 decision to cure LESSOR'S breach shall not constitute a waiver of any rights or
16 remedies that LESSEE may have arising from this LEASE or by operation of law.
17 11. DESTRUCTION OR DAMAGE FRQM CASUAL TV -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 •Casuatly"). then LESSOR shaU either
20 promptly and diligenUy repair the damage at its own cost, .or terminate this LEASE as provfded
21 hereinbelow.
22 (A) LESSOR'S Election to Repair: If LESSOR elects to repair the Casualty damage
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to the Premises, then it shall within fifteen (15) days after the date of Casually
provide written notice (hereinafter ·Notice of Repair") to LESSEE indicating the
anticipated time required to repair. LESSOR shaU bear the cost of all repairs to
the Premises, including the cost to repair any alterations or fixtures installed or
attached thereto by LESSEE. Such repairs shall restore the Premises to
substantially the same condition as that existing at the commencement of this
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LEASE; such repairs shall also be made in complianoe with all applicable state
and local building codes. LESSOR shall not be liable to LESSEE for
compensation for any loss of business. or any inconvenience or annoyance
arising from repair of the Premises as a result of the C8suafty .except for rent
reduction as hereinafter provided. LESSEE shall be responsible at Its sole cost
and expense for the repfacement of its personal property.
7 (B) LESSOR'S Election to Tenninate Due to Casualty: LESSOR may only elect
8 to terminate this·LEASE due to Casualty if: the Premises have been destroyed or
9 substantlally destroyed by ·said Casualty and the estimated time to repair the
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Premises exceeds sixty (60) days from the date of the Casualty. LESSOR shaD
provide LESSEE with written notice of its election to tenninate within thirty (30)
days after the date of Casually, specifying a termination date not less than thirty
(30) days from the date of said notice.
14 (C} Rent Reduction Due to Casyanv: In the event of Casualty, LESSEE'S obllgatlon
15 to pay rent shall be reduced beginning on the date of the Casualty. Such
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reduction shall be· proportional to the damage caused to the Premises by the
Casualty as reasonably detennlned by LESSEE. If LESSOR elects to repair the
Premises pursuant to the tenns of this LEASE, then such rent reduction shall
continue until the date of substantial completion of repairs.
(0) LE§SEE'S Efection to Tenninate Due to Casuatty: ff LESSEE does not receive a
Notice of Repair from LESSOR within thirty (30) days after a Casualty, or If the
anticipated period of repair contained in the Notice of Repair exceeds sJxty (60)
days, then LESSEE may elect to terminate this LEASE by providing thirty (30)
. ,_ ~ prior written notice to LESSOR. In such case, LESSEE shaO :have the right
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to demand that LESSOR refund any monies which, in the judgment of LESSEE,
were paid to LESSOR pursuant to the LEASE but which were not earned by
LESSOR shall promptly refund all such monies.
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1 12. TERMINATION NOTICES -In the case of LESSEE, the County Admb1isbative
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 aUocatlon of
6 funds by a govemmentaJ agency. Should funds not be aflocated, this LEASE may be
1 tenninated by the Board of Supervisors at any time by giving at least thirty (30) days prior
8 written notice to LESSOR
9 14. HOLD HARMLESS -LESSOR agrees to indemnify, save, hold harmtess. and at
10 LESSEE'S request. defend the LESSEE. its officers, agents, and empfoyees from any and aU
11 costs and expenses, damages, riabilltles, claims. and losses occurring or resulting to LESSEE
12 in connection with the performance. or failure to perfonn. by LESSOR. its officers, agents, or
13 employees under this LEASE, and from any and all costs and expenses, damages. Habilities,
14 ctaflns, and losses occurring or resulting to any person, firm, or corporation who may be
15 Injured or damaged by the 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 I LESSEE is to be free of all liability, damages or injury arising from structural failures of the
18 I Leased Premises, including. but not Hmitad to. external walls, glass. doors, roof and floor. The
19 parties acknowledge that as between LESSOR and LESSEE, each is responsible for the
20 negligence of its own employees and invitees.
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15. INSURANCE -Without IJmiting the LESSEE'S right to obtain indemnification
from LESSOR or any third parties. LESSOR. at its sole expense, shall maintain in full force
and effect. the following insurance policies or a program of self-insurance throughout the tenn
of the Agreement:
a. Commercial General Liabilitv -Commercial General Liability Insurance with
runits of not less than One Million Dollars ($1,000.000) per occurrence and a
general aggregate of Two Minion Dollars ($2,000,000). This policy shall be issued
on a per occurrence basis and name LESSEE as an additional Insured.
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COUNTY OF FRESNO
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b. Fire Insurance and Extended Coverage. LESSOR shall add LESSEE as an
additional loss-payee.
c. Au1omob!le Liability -Comprehensive Automobile LJabillty Insurance with Omits;
for bodily injury of not less than Two Hundred FW, Thousand Oonars
($250.000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per
accident and for property damages of not less than Fifty Thousand Dollars
($50,000.00). or such c:overage with a combined sfngle llmlt of Five Hundred
Thousand Dollars ($500,000.00). Coverage should include owned and norH>Wn8d
vehicles used In coru teCtion wtth this LEASE.
d. Worker's Comoensation -A policy of Worker's Compensation insurance as
may be required by the California Labor Code.
Within (30) days from the date LESSOR executes this LEASE, LESSOR shaU provide
certificates of insurance and endorsement as stated above for all of the foregoing policies. as
required hen:lln, to the County of Fresno, Attn: ISO Lease Services (l-317), 333 Pontiac Way,
Clovis, CA 93612, stating that such insurance coverages have been obtained and are in full
force; that the LESSEE, Its officers, agents and employees will not be responsible for any
premiums on the policies; that such Commerdal General Liability insurance names the
LESSEE, its officers, agents, and employees, indivfduafly and collectively, as additional
insured, but only Insofar as the operations under this LEASE are concerned; that such
coverage for additional insured shall apply as primary Insurance and any other Insurance or
self-insurance shaU not be canceDed or changed without a minimum of thirty (30) days
advance written notice given to LESSEE.
In the event LESSOR fails to keep in effect at au times Insurance coverage as herein
provided, the LESSEE may, in addition to other remedies It may have. suspend or terminate
this Lease upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of
California. Insurance purchased shall be purchased from companies possessing a current A.M
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Best Company rating of A FSC VII or better.
LESSEE shaH maintain during the term of this Lease the following policies of
insurance. which coverages may be provided in whole or in part through one or more
programs of self-insurance:
a. Commercial General liability insurance with limits of not less than One
Million Dollars ($1,000,000.00) per oca.irrence and an annual aggregate of not less than Two
Million Dotlars ($2,000,000.00). This policy shall be issued on an occurrence basis.
b. Al~Risk property insurance.
16. ESTOPPEL CERTIFICATE -LESSEE shall, at any time upon not fess than
thirty (30) days prior request by LESSOR. execute, acknowledge and deliver to LESSOR a
written estoppel certificalB, in a form satisfactoly to LESSOR, certifying that this Lease is
unmodified and in full force and effect (or, If there have been modifications. that the same is in
full force and effect as modified and stating the modifications) and, If appticable, the dates to
which the Rent and any other charges have bean paid in advance. Any such statement
delivered pursuant to this Section 16 may be,relied upon bythird persons, including a
prospective purchaser or encumbrancer of the Premises.
LESSEE'S failure to execute and deliver an estoppel certificate within thirty (30) days •
after LESSEE'S receipt cl LESSOR'S written request therefore shaD be conclusive upon
LESSEE that this Lease Is in fuD force and effect, without modification except as may be
represented by LESSOR, that there are no uncured defaults in LESSOR'S performance, that
not more than one month's rental has been paid in advance, and that all other statements
required to be made in the estoppal certificate are conclusively made.
17. SUBORDINATION AND A TTORNMENT-At LESSOR'S option, this Lease
shall be subordinated to any mortgage or deed of trust which is now or shaU hereafter be
placed upon the Premises, and LESSEE agrees to execute and deliver any instrument which
may be necessary to further effect the subordination of the Lease to any such mortgage or
deed of trust: provided, however, that such instrument of subordination shall provide, or the
mortgagee or beneficiary of such mortgage or deed of trust otherwise shall agree in writing in
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1 recordable fonn delivered to LESSEE, that the mortgagee or beneftciary, lilctuding 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
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4 of trust or sale pursuant to exercise of any power af sale thereunder, or deed given in lieu
5 thereof, shall not affect this Lease but such foredosure or sate. or deed given tn Dau 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 attom to the transferee as if
8 said transferee was LESSOR under this Lease.
9 18. SURRENDER OF POSSESSION -Upon the expiration or termination of this
10 LEASE, LESSEE will surrender the Premises tD LESSOR In such condition as existing at the
11 commencement of this LEASE or upon comptetion of the Tenant Improvements (whichever la
12 applicable), less reasonable wear and tear, less the effects of any Casualty as herein defined,
13 and less the effects of any breach of LESSOR'S covenant to maintain. LESSEE wiD not be
14 responmbJe for any damage which LESSEE was not obligated hereunder to repair.
15 19. FIXTURES -LESSOR agrees that any equipment, fixtures or apparatus
16 installed in or on the Premises by LESSEE shaH 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. BIGHJ OF ENTRY -LESSOR, or its representative(s), upon giving 24 hours
21 written notice (other than in an emergency. when such notice shaO not be required), shaU have
22 the right to enter the Premises at any time during business hoUtS, or at such other time as
23 LESSEE deems appropriate, to make any alterations, repairs or Improvements to the
24 Premises. The normal business of LESSEE or Its invitees shall not be unnecessanly
25 inconvenienced.
26 21. AMENDMENT -This LEASE may be amended rn writing ht/ the mutual consent
27 of the parties without in any way affecting the remainder.
28 22. ASSIGNMENT • LESSEE shall not assign, transfer or sub-let this LEASE. or its
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1 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 prompUy notifies LESSEE in
4 writing of any proposed or impending such sale.
5 23. GOVERNING LAW -Venue for any action arising out of or relating to this
6 LEASE shall be In Fresno County. California. This LEASE shall be governed by the laws of
7 the State of Cslifomia.
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 following methods:
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(i) Personal dell\lery. or
(ii) Sent by certified United States mail, first class postage prepaid'.
12 with return receipt requested, to the applicable addresses as set forth below, in which case such
13 notice shall be deemed given three (3) business days tf 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 (Bl) Sent by a reputable ovemight commercial courier, in which case
17 such notiee 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 follows:
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LESSEE: ·
County of Fresno (L-317)
Robert W. Bash, Director of Internal
Services/Chief Information Officer
333 Pontiac Way
Clovis. CA 93612
LESSOR:
Heritage Centre UC
Attn: Steve Schwartz
837 Arnold Drive, Suite 8
Martinez, CA 94553
Provjded however. such notices may be given to such person or at suc:ti other place as
either of the Parties may from time tD time designate by gMng written notice to the other Party,
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1 and prayided 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 shaU
3 not be amendments or modifications to this LEASE.
4 25. INDEPENDENT CONTRACTOR -In performance of the wort. duties and
5 obfigat!or-,s 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 wm at aD times
7 be acting and performing as an independent contractor, and shaD act In an independent capacity
8 and not as an officer, agent. set\fant. employee, joint venture, partner, or associate of the LESSEE.
9 Furthermore, LESSEE shaU have no right tD control or supervise or direct the manner or method
10 by whid\ LESSOR shaD perform Its WQl1( and function. However, LESSEE shaD retain the right to
11 administer this LEASE so as to wrify that LESSOR is performing its obligations in accordance with
12 the terms and conditions thaeof.
13 LESSOR and LESSEE shall comply with au applicable provi8Eon$ of law and the Nies
14 and regulations, if any, of governmental authorities having jurisdiction over matters the subjecl
15 thereof.
16 Because of its status as an inctependent contractor, LESSOR shaU have absolutely no
17 right to employment rights and benefits available to LESSE'S empfoyees. LESSOR shaD be
18 solely liable and responsibfe for providing to, or on behalf of its employees. all legally-required
19 employee benefits. In addition, LESSOR shall be solely responsib!e and save LESSEE
20 harmless from all matters relating to payment of LESSOR'S employees, inc:ludlng compliance
21 with Social Security withholding and all other regulations governing such matters; It is
22 acknowtedged that during the term of this LEASE, LESSOR may be providing servlee& to
23 others unrelated to the LESSEE or to this LEASE.
24 26. DISCLOSURE OF SELE PEALING !RANSACTIONS -This provision is only
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applicable if 1he LESSOR is operating as a corporation (a for-profit or n°"1Jl"Ofit corporation) or
if during the tenn of this LEASE, lhe LESSOR changes Its status to operate as a carporation.
Members of LESSOR'S Board of Directors shaD disclose any self-dealng transactions
that they are a party to while LESSOR is providing goods or performing services under this
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LEASE. A self-dealing transaction shaJI mean a transaction to which the LESSOR is apart:y
and ln which one or more of its airectDrs has a material financial interest. Members of the
Board of Directors shall disclose any setf..dealing transactions that they are a party to by
completing and signing a Self-Dealing Transaction Disclosure Form Exhibit •E", attached
hereto and by this reference lncoi poratad herein. and submitting it to the County of Fresno
prior to cornmenc:ing with the self-dealing transaction or Immediately thereafter.
27. AUTHORITY -Each individual Uecuting this LEASE on behalf of LESSOR
represenlS and warrants that such individual is duly authorized to execute and deliver this
LEASE on behalf of, HERITAGE CENTRE. LLC and that this LEASE is binding upon,
HERJTAGE CENTRE. LlC in accordance with Its terms.
28. ENTIRE LEASE -This LEASE constitutes the entire LEASE betio-J88n the
LESSOR and LESSEE with respect to the subject matter hereof and supersedes all prior
leases, negotiations, proposals, commitments, writings, advertisements. publicatiol is. and
undets&andings d any nature whatsoever unl888 axprassly referenced In this LEASE.
This LEASE shall be binding on and inure to the benefit of LESSOR'S heirs,
successors and assigns. EXECUTED as of the date first herein written.
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Exhibit •A"
l Heritage Centre Campus
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Exhibit "B.
L-317
PERFORMED DAILY:
• Vacuum an carpeted areas
• Dust mop/sweep, mop floors
• Spot clean carpets
• Dust cleared desk and table surfaces, clean counters
• Empty all waste baskets and cftspe>se of trash in appropriate trash bins
• Remove interior cobwebs
• Clean smudges and unsightly appearances fi'om door jambs, light switches, glass
partitions, and counters
• Clean and sanitize au sinks. toilets, and urinals
• Refill paper supplies In restrooms (paper towels, toilet tissue, soap, etc.)
PERFORMED VVEEKLY:
• Dust picture frames and partition tops
PERFORMED EVERY THREE MONTHS:
• Exterior windows
• Dust/clean baseboards
• Dust au mini blinds
• Wash/dean light fixtures and AJC vents
21 1 PERFORMED EVERY SIX MONTHS:
22 • Interior windows
23 • Steam clean au carpets
24 • Strip and wax vinyl and tile floors
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26 PERFORMED ONCE PER YEAR
27 Wash/dean walls
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2 PERFORM AS REQUIRED
3 • Wet mop floors
4 • Oust wall picture frames and partition tops
5 • High dust. Including waUs, light fixtures. vents and ledges above normal reach door ledges
6 • Dust/clean baseboards
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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 VA C registers.
Year
Year One
Year Two
Vear Three
Tenant Improvements
Amortization Schedule
Monthly
s 2,161.00
$ 2,161.00
$ 2,161.00
$
s
$
Annual
Exhibit ~D"'
L-317
25,932.00
25,932.00
25,932.00
Exhibit UE"
L-317
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 finarcial ·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) E:nte!r the board member's company/agency name ard 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-289)
Internal Services Department
2220 Tulare Street. Suite 2100
Fresno, CA 93721-2106
(1) Company 8oarcl Member lnfarmallan:
Name: Date: .
Joblitle:
(2) Company/A&eMY Name and Address:
131 Dlsd05Ure IPlease describe the nature of the self-cleallna transaction JOU me a party to):
Exhibit -e·
L-317
! (4) Explain why this self.deallna tranSICClon II Consistent with the requirements of Col'pordons Code 52D (8):
f5) Autbartmd -
Signature: Date: I