HomeMy WebLinkAbout30552FL-049
GSAFS8935/TransAuthority
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COUNTY OF FRESNO
Fresno, California 1
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter “LEASE”) is made and entered into this ____
day of ___________, 2017, by and between the COUNTY OF FRESNO, a political subdivision
of the State of California, 2220 Tulare Street, Suite 1600, Fresno, California, 93721-2120,
(hereinafter “LESSOR”), and the FRESNO COUNTY TRANSPORTATION AUTHORITY, a
public agency formed pursuant to the Fresno County Transportation Improvement Act, 2220
Tulare Street, Suite 2101, Fresno, CA 93721 (hereinafter “LESSEE”), and
W I T N E S S E T H:
WHEREAS, LESSOR owns the building commonly known as the County of Fresno
Plaza Building, located at 2220 Tulare Street, Fresno, CA 9372, which includes office space
known as Room 2101 (hereinafter "Building"); and
WHEREAS, LESSOR finds, based on LESSEE’S representations, that LESSEE’S use
of office space in the Building is in the public interest and that the LESSEE’S use of office
space in the Building will not substantially conflict or interfere with the use of the Building by
the LESSOR.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions hereinafter contained, such parties, and each of them, do agree as follows:
1.LEASED PREMISES - LESSOR shall lease to LESSEE Room 2101, which
office space is approximately one thousand eight hundred and forty (1,840) square feet,
together with exclusive use of two (2) parking stalls located in the adjacent parking garage
(collectively, the “Premises”).
2.INITIAL TERM/RENEWAL– The initial term of this LEASE shall be for the five
(5) year period of November 1, 2017, through October 31, 2022 (“Initial Term”). Thereafter,
this LEASE shall be renewable for five (5) additional periods of one year each (each a
“Renewal Period”), such renewals to take place automatically unless one of the parties
provides the other with written notice to the contrary at least ninety (90) days prior to the
expiration of the Initial Term or then current Renewal Period. In no event shall the term of this
LEASE extend beyond October 31, 2027. In the case of the LESSOR, the County
Agreement No. 17-533
17th
October
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COUNTY OF FRESNO
Fresno, California 2
Administrative Officer, or his/her designee, shall have the authority to give notice of non-
renewal of this LEASE.
3.RENT/RENT INCREASE NOTICE – Upon commencement of the Initial Term,
the monthly rent shall be $2800.00 per month, which amount shall include parking fees for the
two stalls, security fees and janitorial services (the “Rent”). LESSOR may thereafter adjust the
Rent annually to a monthly amount determined in accordance with a rate study conducted by
the LESSOR’s Auditor-Controller/Treasurer-Tax Collector. LESSOR shall provide written
notice to LESSEE prior to May 1 of each year, of any increase in the Rent applying to the
rental period commencing on the following November 1 of that year.
4.UTILITIES - Utility services shall be included in the Rent and paid by LESSOR.
LESSEE shall reimburse LESSOR upon receipt of invoice in accordance with Section 5 hereof
for the actual cost of the telephone installation and monthly telephone usage.
5.INVOICES – LESSOR shall provide a monthly invoice for the Rent to LESSEE
and LESSEE shall submit payment for same to the County of Fresno, General Services –
Facility Services (FL-049), ATTN: Business Office, 333 W. Pontiac Way, Clovis, CA 93612, or
by using County of Fresno PeopleSoft journal vouchers and in the latter case the voucher
entries shall be identified as: Office Space (Org-8935, Account-3404), Parking (Org- 8970,
Account-3401) and Security Fees (Org-8970, Account-5040). Each monthly invoice shall be
provided to LESSEE a reasonable period of time in advance of any payment required to be
made by LESSEE pursuant to the terms of this LEASE.
6.USE – LESSEE shall use the Premises as office space. LESSOR warrants that
the Premises are in compliance with all applicable laws, ordinances and regulations for said
use.
7.MAINTENANCE - LESSOR shall be responsible for exterior and interior
maintenance, repair of air conditioning, heating units, plumbing systems, electrical systems,
roof, landscape, parking, common area maintenance, janitorial service and security services.
This will include exterior and interior painting as needed due to normal wear and tear.
LESSOR is also responsible for the structural condition of the building and agrees that the
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COUNTY OF FRESNO
Fresno, California 3
building will always be maintained in a condition acceptable for the LESSEE’S intended use of
the Premises.
8.ENFORCEMENT OF LEASE AGREEMENT - If default shall be made in any of
the covenants or agreements contained in this LEASE by the LESSEE, and where such
default continues for thirty (30) days after written notice thereof (hereinafter "30-day Default")
by LESSOR to LESSEE, LESSOR may, at its option, at any time after 30-day Default and
without any demand on or notice to LESSEE or to any other person, of any kind whatsoever,
re-enter and take possession of Premises and remove all persons or property therefrom, and
LESSEE waives any legal remedy to defeat LESSOR'S rights and possessions hereunder.
However, nothing contained herein shall prevent LESSOR from seeking any other legal or
equitable remedies in a court of law which arise from such breach or default.
9.NOTICES - All notices to be given under this LEASE by either Party to the other
Party shall be in writing, and given by any one of the following methods:
(i)Personal delivery;
(ii)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)
LESSEE business days if LESSEE is the recipient, after such deposit and postmark with the
United States Postal Service;
(iii)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)
LESSEE business day if LESSEE is the recipient, after such deposit with that courier to the
applicable addresses as set forth below; or
(iv)Sent by facsimile to the applicable telephone number set forth
below, provided that the Party sending such notice retains a legible written copy of documents
transmitted and a legible, accurate, written confirmation of the time and date that such facsimile
was transmitted (it being agreed that the burden of proving timely receipt will be on the Party
sending such notice, and that if such sending Party’s confirming document contains an
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inaccurate time or date, it shall be deemed to have been received by the other Party at 9:00
a.m. on the next succeeding business day if LESSOR is the recipient, or on the next succeeding
LESSEE business day if LESSEE is the recipient, after transmission), and provided further that
if such transmission is otherwise completed in compliance with this Section after 5:00 p.m. on
any day, it shall not be deemed given until the next succeeding business day of the recipient of
such notice. The addresses and telephone numbers of the Parties for purposes of giving
receiving notices under this LEASE are as follows:
LESSOR: LESSEE:
County of Fresno Transportation Authority
Robert W. Bash ATTN: Executive Director
Director of Internal Services/
Chief Information Officer
2220 Tulare Street, Suite 2101
333 W. Pontiac Way Fresno, CA 93721
Clovis, CA 93612 Facsimile: (559) 600-1499
Facsimile: (559) 600-6200
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, facsimile numbers,
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.
10. HOLD HARMLESS - LESSEE agrees to indemnify, save, hold harmless, and at
LESSOR'S request, defend the LESSOR, its officers, agents, and employees from any and all
costs and expenses, damages, liabilities, claims, and losses occurring or resulting to LESSOR
in connection with the performance, or failure to perform, by LESSEE, its officers, agents, or
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 by 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.
11. INSURANCE – Without limiting the indemnification of each Party as stated in
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Section 10 herein, it is understood and agreed that LESSOR and LESSEE shall each
maintain, at their sole expense, insurance policies or self-insurance programs including, but
not limited to, an insurance pooling arrangement and /or Joint Powers Agreement to fund their
respective liabilities throughout the term of this LEASE. Coverage shall be provided for
comprehensive general liability, automobile liability, professional liability, and workers’
compensation exposure. Evidence of insurance, Certificates of Insurance or other similar
documentation shall not be required of either Party under this LEASE.
12. INDEPENDENT CONTRACTOR - In performance of the work, duties and
obligations assumed by LESSEE under this LEASE, it is mutually understood and agreed that
LESSEE, including any and all of the LESSEE’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 LESSOR. Furthermore, LESSOR shall have no right to control or supervise or direct the
manner or method by which LESSEE shall perform its work and function. However, LESSOR
shall retain the right to administer this LEASE so as to verify that LESSEE is performing its
obligations in accordance with the terms and conditions of the LEASE.
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, LESSEE shall have absolutely no
right to employment rights and benefits available to LESSOR'S employees. LESSEE shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally-required
employee benefits. In addition, LESSEE shall be solely responsible and save LESSOR
harmless from all matters relating to payment of LESSEE’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, LESSEE may be providing services to
others unrelated to the LESSOR or to this LEASE.
13. POSSESSORY INTEREST TAX - LESSEE agrees to pay any possessory
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interest tax which may be levied upon the Premises. In this respect, LESSEE understands
that LESSEE’S use of property owned by a tax exempt public agency may be subject to
property taxation and LESSEE (the person in whom the possessory interest is vested) is
subject to the payment of property taxes levied on such interest.
14. RELOCATION ASSISTANCE WAIVER - LESSEE waives all rights to which
LESSEE may be entitled, including eligibility for relocation assistance, under California
Government Code Section 7260, et seq., with regard to the LEASE.
15. SURRENDER OF POSSESSION - Upon the expiration or termination of this
LEASE, LESSEE will surrender Premises to LESSOR in such condition as existing at the
commencement of this LEASE less reasonable wear and tear, and less the effects of any
breach of LESSOR'S covenant to maintain. LESSEE will not be responsible for any damage
which LESSEE was not obligated hereunder to repair.
16. 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 fixtures. Any fixtures not removed when LESSEE surrenders possession shall
become the property of the LESSOR.
17. RIGHT OF ENTRY - LESSOR, or its representative(s), shall have the right to
enter the Premises at any time during business hours to inspect the Premises to verify
compliance with the terms of this LEASE. The normal business of LESSEE or its invitees shall
not be unnecessarily inconvenienced.
18. AMENDMENT - This LEASE may be amended in writing by the mutual consent
of the parties without in any way affecting the remainder.
19. NON-ASSIGNMENT – LESSEE shall not assign, transfer or sub-contract this
LEASE nor their rights or duties under this LEASE without the prior written consent of the
LESSOR, which consent shall not be unreasonably withheld.
20. GOVERNING LAW - Venue for any action arising out of or relating to this
LESSEE shall be in Fresno County, California. This LEASE shall be governed by the laws of
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COUNTY OF FRESNO
Fresno, California 7
the State of California.
21.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.
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COU NTY OF FRE SNO
Fresno, Calif ornia
EXECUTED as of the date first herein written .
LESSEE:
FRESNO COUNTY TRANSPORTATION
AUTHORITY
By.~-
Mike Leonardo, E x ecutive Director
FL-049
GSAF S8935/T ran sAuthority
LESSOR:
COUN~Y OF FRESNO
By 'L ~j_
Brian Pacheco, Chairman
Board of Supervisors
Date:_---=---:/ 0~-__,1_1.__---'\__.') _____ _
ATTEST: Bernice E. Seidel , Clerk
Board of Supervisors
APPROVED AS TO LEGAL FORM :
Daniel C . Cederberg, Cou y Counsel --
APPROVED AS TO ACCOUNTING FORM :
Oscar J . Garcia , CPA, Auditor-Controller/
Treasurer-Tax Collector )
Deputy
By (9Q/4u, g °ti-~
~APPROVAL •
~irector of Internal
Services/Chief Information Officer
Office S~ace(~2,482 .00/mo} Parking Fees(F8.00/mo} Securit~ Fees(~240 .00/mo}
Fund: 1045 1035 1035
Su bclass 10000 10000 10000
Org No. 8935 8970 8970
Acct. No. 3 404 3401 5040
FL-049 GSAFacilityServ/Org-TransAuthority
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