HomeMy WebLinkAboutL-333 - Sheriff CCW - 770 E Shaw - Executed.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, California L-333-SheriffCCW LEASE AGREEMENT THIS LEASE AGREEMENT ("LEASE") is made and entered into this \ 1 day of ~ 2018 ("Effective Date"), by and between JCM FARMING, INC., A California corporation, 3160 Lionshead Avenue, Unit 1, Carlsbad, CA 92010 ("LESSOR"), and the COUNTY OF FRESNO ("COUNTY") a political subdivision of the State of California, 333 W. Pontiac Way, Clovis, CA 93612 ("LESSEE"). LESSOR and LESSEE shall each be referred to as a "Party" or collectively as the "Parties." 1. LEASED PREMISES -LESSOR hereby leases to LESSEE the office space at the location commonly known as Suite 300 & 300A, 770 E. Shaw Avenue, Fresno, CA 93710, which is approximately 6,358 usable square feet for the County's exclusive use, (or alternatively described as 8,265 rentable square feet which includes common areas such as conference rooms, walkways, restrooms, elevators, etc.) together with common area parking (the "Premises"). LESSEE shall be permitted to park vehicles overnight on the premises with prior consent from the LESSOR. 2. TERM -The primary term of this LEASE shall be five (5) years commencing on the date LESSEE first takes occupancy of the Premises (the "First Date of Occupancy"). In no event shall the term of this LEASE extend beyond five (5) years after the First Date of Occupancy. The exact First Date of Occupancy shall be fixed by written acknowledgement signed by both Parties to the LEASE. LESSEE's occupancy of the Premises shall commence only after substantial completion of the Lessor Improvements provided for in Section 6 of this LEASE. Substantial completion of the Lessor Improvements shall be mutually agreed upon. LESSOR shall allow LESSEE access to the Premises, prior to the First Date of Occupancy, for the purposes of installing furniture and network equipment. 3. RENT -LESSEE'S obligation to pay rent does not begin until the First Date of Occupancy. LESSEE shall pay to LESSOR rent in advance on or about the first of each month according to the following schedule: Months 1-12 Monthly Rent $ 5,722.20 1 Annual Rent $ 68,666.40
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-333-SheriffCCW Months 13-24 $ 5,912.94 $ 70,955.28 Months 25-36 $ 6,103.68 $ 73,244.16 Months 37-48 $ 6,294.42 $ 75,533.04 Months 49-60 $ 6,485.16 $ 77,821.92 4. UTILITIES -LESSOR shall pay for all natural gas, water, garbage, and sewer services at the Premises. LESSEE shall procure and pay for its telecommunications services used at the Premises. LESSEE'S duty to pay LESSOR for electricity does not begin until the First Date of Occupancy, referenced in Section 2. LESSEE shall pay to LESSOR for electricity in advance on or about the first of each month according to the following schedule: Months 1-12 Months 13-24 Months 25-36 Months 37-48 Months 49-60 Monthly Electricity $1,144.44 $ 1,208.02 $ 1,271.60 $ 1,335.18 $ 1,398.76 Annual Electricity $ 13,733.28 $ 14,496.24 $ 15,259.20 $ 16,022.16 $ 16,785.12 5. USE -LESSEE shall use the Premises as Sheriff's office space or as office space for any County of Fresno department. LESSEE agrees to comply with all applicable laws, ordinances and regulations in connection with such use. LESSOR covenants that the Premises are suitable for the intended use. LESSOR further covenants that the Premises are in compliance with all applicable laws, ordinances and regulations, including but not limited to safety regulations, health and date of construction building codes, and that the Premises shall remain in such compliance throughout the term of this LEASE. 6. LESSOR IMPROVEMENTS -LESSOR shall make improvements to the Premises at LESSO R's sole expense, as set forth in Exhibit "A" 7. MAINTENANCE/JANITORIAL SERVICES -LESSOR shall be solely responsible for the structural condition of the Premises and for all exterior and interior maintenance, including but not limited to the electrical power systems, plumbing systems, air conditioning systems, heating systems, roof, painting, landscaping, fencing, lighting, common areas, parking lot lighting, and parking lot. LESSOR covenants that the Premises shall be maintained in substantially the same condition as that existing at the First Date of Occupancy throughout 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 Fresno, California L-333-Sheriff CCW the entire five (5) year term of this LEASE. LESSEE shall pay compensation to LESSOR for the maintenance listed above in a Common Area Maintenance (CAM) fee, in advance, on or about the first of each month according to the following schedule: Months 1-12 Months 13-24 Months 25-36 Months 37-48 Months 49-60 Monthly CAM $ 1,398.76 $ 1,462.34 $ 1,525.92 $ 1,589.50 $ 1,653.08 Annual CAM $ 16,785.12 $ 17,548.08 $ 18,311.04 $ 19,074.00 $ 19,836.96 LESSEE'S duty to pay compensation to LESSOR for the CAM fee shall not begin until the First Date of Occupancy, referenced in Section 2. LESSEE shall be responsible for procuring and providing janitorial services and supplies at the Premises at LESSEE's sole expense. 8. COMPLIANCE WITH ALL LAWS -As to the Premises, LESSOR shall comply with, and shall reasonably ensure compliance by all contractors and subcontractors it retains with all applicable laws and regulations, including the payment of prevailing wages pursuant to Section 1770 et.seq. of the California Labor Code. 9. 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 LESSOR'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 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. 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 L-333-Sheriff CCW Because of its status as an independent contractor, LESSOR shall have absolutely no right to employment rights and benefits available to the employees of LESSEE. 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 save 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 others unrelated to the LESSEE or to this LEASE. 10. BREACH OF OBLIGATION TO MAINTAIN -In the event LESSOR breaches its obligation to maintain the Premises as herein provided, LESSEE shall give written notice to LESSOR within fifteen (15) days of the discovery of such breach. LESSOR shall then have thirty (30) days from the date of notice to cure its breach. If the period for cure expires and if, in LESSEE's sole determination, LESSOR has failed to cure, then LESSEE may, at its election: A. Terminate this LEASE as hereinafter provided. In such case, LESSEE shall have the right to demand 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 by consequence of its breach. Upon receipt of such demand, LESSOR shall promptly refund all such monies; or B. 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. 11. DESTRUCTION OR DAMAGE FROM CASUAL TY -If the Premises are damaged or destroyed as a result of fire, earthquake, act of God, or any other identifiable event of a sudden, unexpected, or unusual nature (hereinafter "Casualty"), then LESSOR shall either promptly and diligently repair the damage at its own cost, or terminate this LEASE as hereinafter provided. 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, California L-333-Sheriff CCW A. LESSOR'S Election to Repair: If LESSOR elects to repair the Casualty damage 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 Casualty if: the Premises have been destroyed or substantially destroyed by said Casualty; and the estimated time to repair the Premises exceeds 120 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. 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 a 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-333-Sheriff CCW Casualty, or if the anticipated period of repair contained in the Notice of Repair exceeds 120 days, then LESSEE may elect to terminate this LEASE as hereinafter provided. In such case, LESSEE shall have the right 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 by consequence of the Casualty. Upon receipt of such demand, LESSOR shall promptly refund all such monies. 12. TERMINATION -If, pursuant to the terms provided herein, either LESSOR or LESSEE have an election to terminate the LEASE and so elect, then notice of such termination shall be made in writing to the non-terminating Party. Such notice shall specify a date of termination not less than 120 days from the date of said notice, after which this LEASE shall terminate. In the case of LESSEE, the County Administrative Officer or the Director of Internal Services shall have the power to provide such notice and terminate this LEASE. This Section 12 shall not apply to termination of the LEASE pursuant to Section 15. 13. HOLD HARMLESS -LESSOR agrees to indemnify, save, hold harmless, and at LESSEE's request, defend LESSEE and each of its officers, agents, officials and employees from any and all costs and expenses (including attorney's 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 attorney's fees and costs), damages, liabilities, I 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 LESSEE shall be free of all liability, damages or injury arising from structural failures of the leased Premises, including, but not limited to external walls, glass, doors, roof and floor. The Parties acknowledge that as between LESSOR and LESSEE, each is responsible for the negligence of its own employees and invitees. This Section 13 shall survive expiration or termination of this LEASE. 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 Fresno, California L-333-SherilfCCW 14. INSURANCE A. LESSOR -Without limiting 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, including but not limited to, an insurance pooling arrangement of Joint Powers Agreement (JPA) throughout the term of this LEASE: I. Commercial General Liability -Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million ($4,000,000). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. II. Property Insurance -Against all risk of loss to property, at full replacement cost with no coinsurance penalty provision. Ill. Worker's Compensation -A policy of Worker's Compensation insurance as may be required by the California Labor Code. IV. Automobile Liability -Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this LEASE. LESSOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this LEASE are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by LESSEE, its officers, agents, and employees shall be excess only and not contributing with insurance provided under LESSOR'S policies 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, California L-333-SheriffCCW herein. This insurance shall not be cancelled or changed without a minimum or thirty (30) days advance written notice given to LESSEE. LESSOR hereby waives its right to recover from LESSEE, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. LESSOR is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but LESSO R's waiver of subrogation under this paragraph is effective whether or not LESSOR obtains such an endorsement. Within (30) days from date LESSOR executes this LEASE, LESSOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Attn: ISO Lease Services {L-333), 333 W. Pontiac Way, Clovis, CA 93612, stating that such insurance coverages have been obtained and are in full force; that the County, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County, its officers, agents, and employees, individually 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 an any other insurance, or self-insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. In the event LESSOR fails to keep in effect at all 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 Best Company rating of A FSC VI I or better. A. 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: 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 Fresno, California L-333-Sheriff CCW I. Commercial General liability insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of not less than Four Million Dollars ($4,000,000.00). This policy shall be issued on an occurrence basis. II. Property insurance covering the personal property of LESSEE. Ill. A policy of Worker's Compensation insurance as may be required by the California Labor Code. 15. NON-FUNDING TERMINATION -This LEASE is contingent on the allocation of funds by a governmental agency. Should funds not be allocated, this LEASE may be terminated by the County of Fresno Board of Supervisors by giving at least thirty (30) days prior written notice to LESSOR. 16. SURRENDER OF POSSESSION -Upon the expiration or termination of this LEASE, LESSEE will surrender the Premises to LESSOR in such condition as that existing at the commencement of this LEASE, 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 that LESSEE was not obligated hereunder to repair. 17. FIXTURES -LESSOR agrees that any equipment, fixtures or apparatus installed in or on the Premises by LESSEE shall continue to be the property of LESSEE and may be removed by LESSEE at any time. LESSEE shall repair any damage caused by the removal of its fixtures. Any fixtures not removed when LESSEE surrenders possession shall become the property of LESSOR. 18. RIGHT OF ENTRY -LESSOR, or its representative(s), upon giving twenty four (24) hours written notice, shall have the right to enter the Premises at any time during business hours, or at such other time as LESSEES deem appropriate, to make any alterations, repairs or improvements to the Premises. The normal business of LESSEE or its invitees shall not be unnecessarily inconvenienced. In the event of an emergency, LESSOR reserves the right to enter the Premises at any and all times, provided LESSOR promptly notifies LESSEE of the 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 L-333-SheriffCCW entry as soon thereafter as is feasible. 19. AMENDMENT -This LEASE may be amended in writing by the mutual consent of the Parties without in any way affecting the remainder. 20. NON-ASSIGNMENT -LESSEE shall not assign, transfer or sub-contract this LEASE, or the rights or duties under this LEASE, without the prior written consent of the LESSOR. 21. GOVERNING LAW -Venue for any action arising out of or relating to this LEASE shall be in Fresno County, California. This LEASE shall be governed by the laws of the State of California. 22. 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 addresses 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: LESSEE: County of Fresno (L-333) Director of Internal Services 333 W. Pontiac Way Clovis, CA 93612 (559) 600-6200 LESSOR: Marilena Marrelli JCM Farming, Inc. 3160 Lionshead Avenue, Unit 1 Carlsbad, CA 92010 (760) 597-7011 Provided however, such notices may be given to such person or at such other place as either 10
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-333-Sheriff CCW 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. For all claims arising out of or related to this LEASE nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 23. AUDITS AND INSPECTIONS -At LESSEE's request, LESSOR shall at any time during business hours, and as often as the LESSEE may deem necessary, make available to the LESSEE for examination records and data with respect to the matters covered by this LEASE. The LESSOR shall, upon request by the LESSEE, permit the LESSEE to audit and inspect all of such records and data necessary to ensure LESSOR'S compliance with the terms of this LEASE. If this LEASE exceeds ten thousand dollars ($10,000.00), LESSOR shall be subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 24. DISCLOSURE OF SELF-DEALING TRANSACTIONS This provision is only applicable if the LESSOR is operating as a corporation (a for-profit or non-profit corporation) or if during the term of the agreement, the LESSOR changes its status to operate as a corporation. Members of the 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 agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party and in which one or more of its directors has a material financial interest. Members of the 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, attached hereto as Exhibit B and incorporated herein by reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or immediately thereafter. 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, California L-333-SheriffCCW 25. ESTOPPEL CERTIFICATE-LESSEE shall, at any time upon not less than thirty (30) 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 25 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 thirty (30) days after LESSEE'S receipt of LESSOR'S written request therefore shall be conclusive upon LESSEE 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 required to be made in the estoppel certificate are conclusively made. 26. SUBORDINATION AND ATTORNMENT-At LESSOR'S option, this Lease shall be subordinated to any mortgage or deed of trust which is now or shall 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 recordable form delivered to LESSEE, that the mortgagee or beneficiary, including their successors and assigns, recognize LESSEE's leasehold interest under this Lease and that so long as LESSEE is not in default under this Lease, foreclosure of any such mortgage or deed of trust or sale pursuant to exercise of any power of sale thereunder, or deed given in lieu thereof, shall not affect this Lease but such foreclosure or sale, or deed given in lieu thereof, shall be made subject to this Lease which shall continue in full force and effect, binding on LESSEE, as lessee, and the transferee, as lessor. LESSEE shall attorn to the transferee as if said transferee was LESSOR under this Lease. 12
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-333-SheriffCCW 27. 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, commitments, 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 LESSOR's heirs, successors and assigns. 13
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-333-Sheriff CCW IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the day and year first hereinabove written. LESSOR: JCM FARMING INC. tk;z Marilena Marrelli, President FOR ACCOUNTING USE ONLY: SHERIFF ORG: Account: Fund: Subclass: 3111 7340 0001 10000 Robert W. Bash, Director of Internal Services/Chief Information Officer APPROVED AS TO LEGAL FORM: Daniel C. Cederborg, County Counsel By~~~ Deputy APPROVED AS TO ACCOUNTING FORM: Oscar J. Garcia, CPA Auditor-Controller/Treasurer-Tax Collector r 14
IMPROVEMENTS: Exhibit A Lessor Improvements Prior to commencement of this LEASE, LESSOR, at LESSO R's sole expense, shall have the following work/improvements completed in the Premises: 1. New carpet throughout Premises. Carpet color and style shall be chosen by LESSEE from samples provided by LESSOR. 2. New paint throughout Premises. Paint color to be chosen by LESSEE from samples provided by LESSOR. 3. Internal door to be installed in front office adjacent to the Reception Area. External door into same office is to be removed and replaced with glass window. See floor plan. 4. New upper cabinetry above the sink in the breakroom. 5. Internal door to be installed in the I.T. room. Door and frame are currently absent. (Rough finish.) See floor plan. 6. Internal door to be installed in a hallway location to be provided by LESSEE prior to lease signing. See floor plan for sample locations of door to be installed.
sunr JOO R(CCPTICtl AREA ! Offitt/STORACC oma: ? Exhibit A 770 E. Shaw, Fresno CA 93710 Suite 300 & 300A SlJIT[ 300A OfTitt/STOilAC[! 11 w ()-i FlOOR PLAH \ \ -... i ' "' ~~ !f :i f: ,-v.::=c: a'!: £ii: 1 ~ Ir ., / oz / ~:5 Wt.:'! ~e: [/ :>9-~ cno ~ [/ ..... Ou. [/ I/ I/ / / .. KEY FLOCR PLA I -......... -........ --·--A1.0
Exhibit B SELF-DEALING TRANSACTION DISCLOSURE FORM In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below: "A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest" The definition above will be utilized for purposes of completing this disclosure form. INSTRUCTIONS (1) Enter board member's name, job title (if applicable), and date this disclosure is being made. (2) Enter the board member's company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following: a. The name of the agency/company with which the corporation has the transaction; and b. The nature of the material financial interest in the Corporation's transaction that the board member has. (4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code. (5) Form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).
Exhibit B (l!) Company Board Member Information: Name: Date: Job Title: (2) Company/Agency Name and Address: (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 requirements of Corporations Code 5233 (a): (5) Authorized Signature Signature: I I Date: I