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HomeMy WebLinkAboutAgreement A-18-288 with Pamela J. Prieto.pdf1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callromla LEASE AGREEMENT Agreement No. 18-288 L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 THIS LEASE AGREEMENT ( "LEASE"), dated this _5-{h day of l\d--<'YY€--, 2018 ("Effective Date"), by and between PAMELA J. PRIETO, 889 S. Golden State Blvd., Selma, CA 93662, ("LESSOR"), and the COUNTY OF FRESNO, a political subdivision of the State of California, 2220 Tulare Street, 16th Floor, Fresno, CA 93721-2120, ("LESSEE"). 1. LEASED PREMISES -LESSOR hereby leases to LESSEE at the location commonly known as the approximately 1,000 square feet of office space and approximately 3,198 square feet of warehouse space; other space at the location commonly known as approximately 4,932 square feet of office space; other space at the location commonly known as approximately 1,300 square feet of office space and approximately 5,601 square feet of warehouse space; and the non- exclusive right to use the common area parking located at each aforementioned location ("Premises"). 2. TERM -LESSOR leases to LESSEE the Premises for an initial term of five (5) years commencing on July 1, 2018, and ending on June 30, 2023. Thereafter, this LEASE shall automatically renew each year on July 1 for a one-year (1) term unless either party provides twelve {12) months prior written notice to terminate this LEASE. In no event shall this LEASE extend beyond June 30, 2028. In the case of LESSEE, the Director of Internal Services or the Sheriff or their designees shall have the power to provide such notice and terminate the LEASE. 3. RENT/RENT INCREASE -LESSEE shall pay to LESSOR rent in the amount of Nine Thousand Three Hundred Fifty-Three Dollars and Forty Cents ($9,353.40) per month commencing July 1, 2018. This rent is comprised of: One Thousand Six Hundred Eighty-Nine Dollars and Sixty Cents ($1,689.60} per month for the · Five Thousand One Hundred Seventy-Eight Dollars and Sixty Cents ($5, 178.60) per month for the location at and Two Thousand Four Hundred Eighty-Five Dollars and Twenty Cents ($2,485.20) per 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, califomia L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 month for the location at 1057 Golden State Blvd., Selma, CA 93662. Beginning July 1, 2019, the rent shall increase by two percent (2%) and by two percent (2%) each July 1 thereafter during the term of this LEASE. The rent shall be paid on or before the first of each month according to the following schedule: Rent Increases - 2%/ r July 1, 2018 July 1, 2019 July 1, 2020 July 1, 2021 July 1, 2022 July 1, 2023 July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 Month! Rent $ 9,353.40 $ 9,540.47 $ 9,731.28 $ 9,925.90 $ 10,124.42 $ 10,326.91 $ 10,533.45 $ 10,744.12 $ 10,959.00 $ 11,178.18 Annual Rent $ 112,240.80 $ 114,485.62 $ 11 6,775.33 $ 119,110.83 $ 121,493.05 $ 123,922.91 $ 126,401.37 $ 128,929.40 $ 131,507.99 $ 134,138.15 4.UTILITIES -LESSEE shall pay, in addition to rent, utility costs including electricity, natural gas, water, garbage, sewer and telephone for the Premises. 5.USE -LE SSEE shall use the leased Premises for the purpose of a Sheriff's Sub-Station or another County operation. LESSEE agrees to comply with all applicable laws, ordinances and regulations in connection with its use of the Premises. LESSOR covenants that said Premises are suitable for the intended use of LESS EE and are in compliance with all applicable laws, ordinances and regulations, including but not limited to safety regulations, health and building codes. 6.MAINTENANCE -All exterior and interior maintenance, including the maintenance and repair of air conditioning and heating units (it shall be the responsibility of LESSOR to change filters of units when required), plumbing sy stems, electrical systems, roof, landscape, fencing, lighting, common areas, parking lot lighting, and parking lot areas shall be the responsibility of the LESSOR. The LESSOR is also responsible for the structural condition of the building and agrees that the building will always be maintained in a condition acceptable for the LESSEE's intended use of the Premises. LESSO R's maintenance responsibilities shall include carpet/flooring replacement and exterior and interior pai nting, as needed, due to normal wear and tear. In the event building systems such as air conditioning and heating units' malfunction, 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Freano. Callfomla L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 restroom fixtures are not draining prop erly, water intrusion, leaks, or other structural issues that include, but are not limited to, damaged doors, walls, roof, and windows, or other similar events that immediately impact the occupancy of the Premises by LESSEE occur, LESSOR shall verbally acknowledge within thirty (30) minutes and requires onsite response in four (4) hours or less after contact by LESSEE to initiate repairs or replace equipment to restore the systems to full working order. Repairs must be completed within one (1) day, unless otherwise approved by LESSEE. LESSOR covenants that the Premises shall be maintained in substantially the same condition as that existing at the commencement of this LEASE. LESSEE shall be responsible for janitorial service and supplies. 7.INDEPENDENT CONTRACTOR-In performance of the work, duties and obligations assumed by LESSOR under this LEASE, it is mutually understood and agreed that LESSOR, including any and all of the LESSO R's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the LESSEE. Furthermore, LESSEE shall have no right to control or supervise or direct the manner or method by which LESSOR shall perform its work and function. However, LESSEE shall retain the right to administer this LEASE so as to verify that LESSOR is performing its obligations in accordance with the terms and conditions thereof. LESSOR and LESSEE shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, LESSOR shall have absolutely no right to employment rights and benefits available to LESSEE employees. LESSOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, LESSOR shall be solely responsible and hold LESSEE harmless from all matters relating to payment of LESSOR's employees, including compliance with Social Security withholding and all other regulations governing such matters. It is acknowledged that during the term of this LEASE, LESSOR may be providing services to 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, California others unrelated to the LESSEE or to this LEASE. L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 8.BREACH OF OBLIGATION TO MAINTAIN -In the event LESSOR breaches its obligation to maintain the Premises as herein provided, LESSEE may give written notice to LESSOR within fifteen {15) days of the discovery of such breach. LESSOR shall then have fifteen {15) days from the date of such notice to cure its breach, provided, however, that if the item of maintenance is of such a nature that it requires more than fifteen ( 15) days to complete, but does not relate to a health and safety matter, then LESSOR shall have such additional time as is necessary to complete such maintenance as long as LESSOR commences work on such maintenance within said fifteen (15) day period and diligently prosecutes such maintenance to completion within thirty (30) days from the date of such notice. Subje ct to the foregoing, if the period for cure expires and if, in LESSEE's sole determination, LESSOR has failed to cure, and then LESSEE may, at its election: A Terminate this LEASE by providing LESSOR with thirty (30) days prior written notice of such termination. ln such case, LESSEE shall have the right to demand LESSOR refund any monies which were paid to LESSOR pursuant to the LEASE but which were not earned by LESSOR by consequence of its breach. Upon receipt of such demand, LESSOR shall promptly refund all such monies; or 8.Cure LESSOR's breach and deduct the cost of such cure, together with reasonable administrative costs, from LESSEE's future rent obligation. LESSEE's decision to cure LESSOR's breach shall not constitute a waiver of any rights or remedies that LESSEE may have arising from this LEASE or by operation of law. 9.DESTRUCTION OR DAMAGE FROM CASUAL TY -If the Premises are damaged or destroyed as a result of fire , earth quake, act of God, or any other identifiable event of a sudden, unexpected, or unusual nature {hereinafter the "Casualty"), then LESSOR shall either promptly and diligently repair the damage at its own cost, or terminate the LEASE as hereinafter provided. A LESSO R's Election to Repair: If LESSOR elects to repair the Casualty dama ge 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callfomta L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 to the Premises, then it shall within thirty (30) days after the date of Casualty provide written notice (hereinafter "Notice of Repair") to LESSEE indicating the anticipated time required to repair. LESSOR shall 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 LEASE; such repairs shall also be made in compliance 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 Casualty except for rent reduction as hereinafter provided. LESSEE shall be responsible at its sole cost and expense for the replacement of its personal property. B.LESSOR's Election to Terminate Due to Casualty: LESSOR may only elect to terminate the LEASE due to the Casualty if: the Premises have been destroyed or substantially destroyed by said Casualty; and the estimated time to repair the Premises exceeds ninety (90) days from the date of the Casualty. LESSOR shall provide LESSEE with written notice of its election to terminate within thirty (30)days after the date of Casualty, specifying a termination date not less than thirty (30) days from the date of said notice. C.Rent Reduction Due to Casualty: In the event of Casualty, LESSEE's obligation to pay the rent shall be reduced beginning on the date of the Casualty. Such reduction shall be proportional to the damage caused to the Premises by the Casualty as determined by LESSEE. If LESSOR elects to repair the Premises pursuant to the terms of this LEASE, then the rent reduction shall continue until the date of substantial completion of repair. D.LESSEE's Election to Terminate Due to Casualty: If LESSEE does not receive a Notice of Repair from LESSOR within thirty (30) days after the Casualty, or if the anticipated period of repair contained in the Notice of Repair exceeds 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, California L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 ninety (90) days, then LESSEE may elect to terminate this LEASE by providing thirty (30) days prior written notice of such termination to LESSOR. In such case, LESSEE shall have the right to demand that LESSOR refund any monies which were paid to LESSOR pursuant to the LEASE but which were not earned by LESSOR by consequence of the Casualty. Upon receipt of such demand, LESSOR shall promptly refund all such monies. 10.TERMINATION -If either LESSOR or LESSEE elects to terminate this LEASE for any reason other than those reasons specified in Sections 8 and 9 above, such termination shall be made in writing to the non-terminating party. Such notice shall specify a date of tem,ination not less than thirty (30) days from the date of said notice. In the case of LESSEE, the County Administrative Officer or the Sheriff, or his/her designee of one of them, shall have the power to provide such notice to terminate this LEASE. 11.HOLD HARMLESS -LESSOR agrees to indemnify, save, hold harmless, and at LESSEE's request, defend the LESSEE, its officers, agents, and employees from any and all costs and expenses (including attorneys' fees and costs), damages, liabilities, claims, and losses occurring or resulting to LESSEE in connection with the performance, or failure to perform, by LESSOR, its officers, agents, or employees under this LEASE, and from any and all costs and expenses (including attorneys' fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform of LESSOR, its officers, agents, or employees under the LEASE. This LEASE is made upon the expressed condition that the LESSEE is to b e free of all liability, damages or injury arising from structural failures of the leased Premises including external walls, doors, roof and floor, unless caused by the negligence or willful misconduct of LESSEE, its officers, agents or employees. LESSEE agrees to indemnify, save, hold harmless, and at LESSOR's request, defend the LESSOR from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to LESSOR in connection with LESSEE's use of the Premises, including without limitation the performance, or failure to perform, by LESSEE, its officers, agents, or 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fl'98no, California Area 3 Substation Pamela J. Prieto/Sheriff3111 employees under this LEASE, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform of LESSEE, its officers, agents, or employees under the LEASE. The parties acknowledge that as between LESSOR and LESSEE, each is responsible for the negligence of its own employees and invitees. The provisions of this Section 11 shall survive the termination of this Lease. 12.INSURANCE -LESSOR shall, at its sole expense, maintain in full force and effect during the term of this LEASE the following policies of insurance: A.Commercial General Liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate limit of not less than Two Million Dollars ($2,000,000). This policy shall be issued on an occurrence basis; and B.Property Insurance -Against all risk of loss of property, at full replacement cost with no coinsurance penalty provision. C.Fire insurance and extended coverage. LESSOR shall add LESSEE as an additional insured thereon. Within thirty (30) days of the execution of this LEASE, LESSOR shall provide the LESSEE with certificates of insurance with proper endorsements naming the LESSEE as the additional insured. The policy is to be written by an admitted insurer licensed to do business in California and with an A.M. Best rating of A FSC VII or better. A Certificate of Insurance confirming the insurance coverage as described in this Section shall be mailed to: County of Fresno, Internal Services Department, Attn: Lease Services (L-065), 333 W. Pontiac Way, Clovis, CA 93612. LESSEE shall 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: 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno� C811fornla A L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 Commercial General liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of not less than Two Million Dollars ($2,000,000). This policy shall be issued on an occurrence basis. B.All-Risk property insurance covering the personal property of LESSEE. 13.NON-FUNDING, TERMINATION - The term of this LEASE is contingent upon the approval of funds by the appropriating governmental agency. If funds are not alloca ted, LESSEE has the option to terminate all spaces described in Section 1 of this Lease; to terminate the space identified as 1057 Golden State Blvd., Selma CA 93662; to terminate the space identified as 1055 Golden State Blvd., Selma, CA 93662; and to tem,inate the space identified as 1053 Golden State Blvd., Selma, CA 93662, at any time by giving the LESSOR thirty (30)days prior written notice. Alternatively, LESSEE has the option to terminate this LEASE as to only one or more spaces. Upon such occurrence, LESSEE shall only be responsible for paying rent for the remaining spaces. 14.SURRENDER OF POSSESSION - Upon any termination of this LEASE, LESSEE will surrender Premises to LESSOR in original condition less reasonable wear and tear, less the effects of any Casualty as herein defined, and less the effects of any breach of LESSOR's covenant to maintain. LESSEE will not be responsible for any damage or destruction which LESSEE was not obligated hereunder to repair or replace. 15.FIXTURES - LESSOR agrees that any equipment, fixtures or apparatus installed in or on Premises by the LESSEE shall continue to be the property of LESSEE and may be removed by LESSEE at any time. LESSEE shall pay for the repair of any damage caused by the removal of fixtures. Any fixtures not removed within sixty (60) days after LESSEE surrenders possession shall become the property of LESSOR. Notwithstanding anything to the contrary in Section 15, LESSEE has no right to make alterations, improvement or additions to the Premises without LESSOR's prior written consent, which may be granted or withheld in LESSOR's sole and absolute discretion. 16.RIGHT OF ENTRY -LESSOR, or its representatives, upon twenty-four (24) 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fn1sno, California L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 hours' notice, shall have the right to enter the Premises during business hou rs at any time during the term of this LEASE to make any alteration, repair or improvement to the Premises, which it deems convenient for the maintenance or preservation of the Premises provided always that the normal business of LESSEE or its invitees shall not be unnecessarily inconvenienced. 17.AMENDMEN T -This LEASE may only be amended in writing by the mutual consent of both parties. 18.NON-ASSIGNMEN T -LESSEE shall not assign or transfer its rights or obligations under this LEASE, or sub-lease the Premises or any portion thereof, witho ut the prior written consent of the LESSOR. 19.VENUE-Venue for any action arising out of or relating to this LEASE shall only be in Fresno County, California. The rights and obligations of the parties and all interp retation and performance of this LEASE shall be governed in all respects by the laws of the State of California. 18.NOTICES -All notices given under this LEASE by either Party to the other Party shall be in writing, and given by any one of the following methods: A.Personal delivery to the applicable address as set for below; or B.Sent by certified United States mail, first class postage prepaid, with return Receipt requested, to the applicable add resses as set forth below, in which case such notice shall be deemed given three (3) business days if LESSOR is the recipient, or three (3) business days if LESSEE is the recipient, after such deposit and postmark with the United States Postal Service; or C.Sent by a reputable overnight commercial courier, in which case such notice shall be deemed given one (1) business day if LESSOR is the recipient, or one (1) business day if LESSEE is the recipient, after such deposit with that courier to the applicable addresses as set forth below. The addresses and telephone numbers of the Parties for purposes of giving or receiving notices under this LEASE are as follows: 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, California LESSEE: County of Fresno (L-065) Director of Internal Service s/Chief Information Officer 333 W. Pontiac Way Clovis, CA 93612 (559) 600-6200 L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 LESSOR: Pamela J. Prieto 899 S. Golden State Blvd. Selma, CA 93662 (559)681-8310 Provided however, such notices may be given to such person or at such other place as either of the Parties may from time to time designate by giving written notice to the other Party, and provided further however, in any event notices of changes of address or termination of this LEASE shall not be effective until actual delivery of such notice. Notices given hereunder shall not be amendments or modifications to this LEASE. 19.ESTOPPEL CERTIFICATE-LESSEE shall, at any time upon not less than sixty (60) days prior request by LESSOR, execute, acknowledge and deliver to LESSOR a written estoppel certificate, in a form satisfactory 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 applicable, the dates to which the Rent and any other charges have been paid in advance. Any such statement delivered pursuant to this Section 19 may be relied upon by third persons, including a prospective purchaser or encumbrancer of the Premises. LESSEE's failure to execute and deliver an estoppel certificate within sixty (60) days after LESSEE's receipt of LESSO R's written request shall be conclusive upon LESS EE that this Lease is in full 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 requ ired to be made in the estoppel certificate are conclusively made. 20.MEMORANDU M OF LEASE -LESSOR hereby agrees to the terms of the Memorandum of Lease, a form of which is attached as Exhibit 8 and incorporated by reference. LESSOR agrees to execute the Memorandum of Lease in recordable form, and authorizes LESSEE to record the executed Memorandum of Lease against the Premises in the Office of the County Recorder upon the parties' execution of the LEASE. 21.DISCLOSURE OF SELF DEALING TR ANSACTIONS -This provision is only applicable if the LESSOR is operating as a corporation (a for -profit or non-profit corporat ion) or if 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Frvano, California L-065 Area 3 Substation Pamela J. Prieto/Sheriff3111 during the term of this LEASE, the LESSOR changes its status to operate as a corporation. Members of LESSOR's Board of Directors shall disclose any self-dealing transactions that they are a party to while LESSOR is providing goods or performing services under this LEASE. A self -dealing transaction shall mean a transaction to which the LESSOR is a party and in which one or more of its directors has a material financial interest. Members of LESSOR'S Board of Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a Self­ Dealing Transaction Disclosure Form Exhibit "A", attached hereto and by this ref erence incorporated herein, and submitting it to the County of Fresno prior to commencing with the self-dealing transaction or immediately thereafter. 22.AUTHORITY -Each individual executing this LEASE on behalf of LESSOR represents and warrants that he or she is duly authorized to execute and deliver this LEASE. 23.ENTIRE LEASE -This LEASE constitutes the entire LEASE between the LESSOR and LESSEE with respect to the subject matter hereof and supersedes all prior leases, negotiations, proposals, co mmitments, writings, advertisements, publications, and understandings of any nature whatsoever unless expressly referenced in this LEASE. This Lease shall be binding on and inure to the benefit of the Parties' heirs, successor and assigns. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, Callfomla L-065 Area 3 Su bstation Pamela J. Prieto/Sheriff311 1 IN W ITNESS WHEREOF , the parties hereto have executed this Agree ment as of the Effective Date. LESSOR: Pamela J. Priet6, Owner 899 S . Gold en State Blvd . Selma , CA 93662 Fund : Subclass : Org. No. Acct. No. 0001 10000 31 11 3203 7340 LESSEE: COUNTY OF FRESNO Fresno airperson of the ~~isors of the County of ATTEST: Bernice E. Seidel C lerk of the Board of Supervisors County of Fresno, State of California By :~~~~ Deputy 12 1 2 3 Exhibit A SELF-DEALING TRANSACTION DISCLOSURE FORM 4 In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors must disclose any self-dealing transactions that 5 they are a party to while providing goods, performing services, or both for the County. A self-6 7 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 board members has a material financial interest" 8 The definition above will be utilized for purposes of completing this disclosure form. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) CompanyJlJ?!r!! Me11J9!;!.fl1Jf9J,ID,ltiev: Name: Date: Job Title: J~,£g!lm~!!,Yl4g~_Nam,~_,~J'.t~LAdd reJs: -(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to): -~ (4) Explain why this self-dealing transaction is consistent with the reg~irements of Corporations Code 5233 (a): 1sf'AuinoPlff'd}Sfio:'a'J!!fe Signature: I Date: I 2 EXHIBITB RECORDING REQUESTED BY AND WHEN,RECORDED MAIL TO: County of Fresno Director of Internal Services/ Chief Information Officer 333 W. Pontiac Way Clovis, CA 93612 FOR RECORDER'S USE ONLY EXEMPT FROM RECORDING FEES PURSUANT TO GOV'T. CODE SECTIONS 27383 AND 27388.1 (a)(2)(D)(AB 110, SB 2) AND DOCUMENTARY TRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922. MEMORANDUM OF LEASE TIIlS :MEMORANDUM OF LEASE ("Memorandum") is made and entered into this ~ day of .:::rt..vY).e. , 2018, by and between the County of Fresno, a political subdivision of the State of California ("County"), whose address as of the date hereof is 333 W. Pontiac Way, Clovis, California, 93612, and Pamela J. Prieto ("Lessor"), whose address as of the date hereof is A. Lessor represents that she is the sole fee owner of that certain improved real property located in Fresno County, State of California, and having a street address of· · (collectively, the "Real Property"); B. Pursuant to that certain Lease Agreement of the same date as this Memorandum of Lease (the "Lease Agreement''), Lessor has leased certain Premises (as defined in the Lease Agreement) located on and constituting a portion of the Real Property to the County, and the County has leased such Premises from the Lessor; C. Pursuant to the terms and conditions of the Lease Agreement, this Memorandum is to be recorded in the Official Records of the Fresno County Recorder with respect to the Real Property for the purpose of memorializing the existence of the Lease Agreement, the terms and conditions of which inure to the bene fit of, and bind th e Lessor, the County, a nd their re s pective successors and assigns. Any third-party interested in obtaining information about the Lease Agreement may contact the parties at the above-referenced addresses. IN WITNESS WHEREOF, this Memorandum has been executed as of the day and year first a bove written. LESSOR: PAMELA J. PRIETO By: fl_(}ub. £ [Notary Attestation-Attached] L E SSEE: COUNTY OF FRESNO: [Notary Attestation-Attached] ATTEST: Bernice E. Seidel C le rk of the Board of Supe rvisors County of Fresno, State of Cali forn ia 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of :f: .h t ,Q/}'IAJ ) · On .5/4'11/( ,!? before me, {Y1 C!j dl\ I ,M'I C( f'.. 3 l,IW <2 ~ A.J 4-fu 1 &l/J <L Date ,r) _ Here Insert Name and Title 'f the Office personally appeared ra.m .e l o.. .. J 6 1 '-0 ±Z> Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;gnature~du¼.,, ~ nature of NotaryP llc ---------------OPTIONAL---------------Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ • Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited O General 0 Partner -0 Limited O General • Individual • Attorney in Fact 0 Individual O Attorney in Fact • Trustee C Guardian or Conservator 0 Trustee O Guardian or Conservator 0 Other: ______________ _ • Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ~~~~~~~~~~~~~~~ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfuln ess, accuracy, or validity of that document. State of California ,-:- County of r ~".:::> beforeme, LA..~ k:.-Lrc..f+ ~~ (insert name and ti~e ofthtcer) personally appeared ~ b ~l ~ _ , who proved to me on the basis of satisfactory evidence to be the person~) whose name(e) is/af:e subscribed to the within instrument and acknowledged to me that he/sl=le/tAey executed the same in his/ReJ=/theif authorized capacity(i06}, and that by his/hsr/tMir signature(s)-on the instrument the person(.}, or the entity upon behalf of which the person(s}acted, executed the instrument. I certify und er PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~············~ ...... LISA K. CRAFT :@... . Notary Public -California : J ·· Fresno County j; · . · Commission 12193173 ·· My Comm. E~pires May 17, 2021 {Seal)