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HomeMy WebLinkAboutCaliforniaStateUniversityFresno-LaboratoryLease_D-20-136.pdfCALIFORNIA STATE UNIVERSITY, FRESNO REVISED FACILITY LEASE This lease made and entered into pursuant to Education Code 89046 by and between the Trustees of California State University, hereinafter called the TRUSTEES, through the President of the hereinafter mentioned State University, hereinafter called the CAMPUS, and the undersigned lessee, hereinafter called the LESSEE. WITNESSETH: WHEREAS, the President of the CAMPUS finds that the property of the CAMPUS hereinafter described is not needed for CAMPUS purposes at the time or times covered by this lease and that this lease will not interfere with the requirements of the CAMPUS; and NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: SPECIAL PROVISIONS Date:4ll//2020 PARTIES: The TRUSTEES, through the President of California State University, Fresno, Lessor County of Fresno, Lessee, a govemmental agency PROPERTY - Jordan Agricultural Research Center (JARC), use of Lab 220,220A,316 (286 sqft), and Office 223, eastem service elevator, restrooms and break room area. TRUSTEE will maintain a poster printer in the office for occasional use. TRUSTEE will coordinate with LESSEE prior to entering the office for poster printer use. DATES OF TERM from 4ll/2020 to 913012020 inclusive RENTAL RATE - $O PURPOSE FOR WHICH PROPERTY WILL BE USED: Laboratory testing related to CO.JID.-19. including sample preparation. delivery of supplies and samples. and data entry. ALTERATIONS PERMITTED none ADDITIONAL PERMISSIONS Access to internet services. not to include network access. Key card access to the exterior door and elevator. and metal keys to JARC 220" 2204. 223. and 316. 4lt/2020 2 GENERAL TERMS The TRUSTEES, for and in consideration of the agreements of the LESSEE hereinafter expressed, hereby lease to the LESSEE, and the LESSEE leases from the TRUSTEES, that property of the CAMPUS described in the Special Provisions for the term therein specified. tkre {e-m ef this lease at the rer*al rate per unit ef tirne er event speeified in the dates+et4e*h+herein, The LESSEE shall use the said property only for the purposes specified in the Special Provisions. The TRUSTEES agree to furnish all necessary utilities for the said property, including heat, water, and also light if the property is specified to be "with lights" except when such services cannot be supplied for causes beyond the control of the TRUSTEES and except when there is a failure or defect in the physical plant or utility lines, whether or not such failure or defect is beyond the control of the TRUSTEES, if the failure or defect cannot reasonably be remedied in time for use by the LESSEE during the term hereof. With regard to JARC 220,220A,223, and316, the LESSEE agrees to furnish all janitorial services required for said property, including cleaning and sanitation of all surfaces and removal of the trash at the end of the day, or as needed. TRUSTEES agree to furnish all hazardous and biohazardous waste disposal services required for said property as described in Section 15. The LESSEE may not make alterations or place or attach any fixtures, signs, or equipment in, about, or upon the said property except those alterations, fixtures, signs, and equipment described in the Special Provisions. Any fixtures, signs, and equipment provided by LESSEE shall remain the property of the LESSEE and shall be removed by the LESSEE from said property prior to the termination of this lease. The LESSEE, if required by the TRUSTEES, shall, upon the expiration of this lease, or renewal thereof, restore said property to the same condition as that existing at the time of entering upon the same under this lease, reasonable wear and tear and damages by the elements or by circumstances over which the LESSEE had no control excepted. Restoration of the property includes decontamination of the lab spaces. 6. CAMPUS-owned fumiture or apparatus may not be removed or displaced by LESSEE or any agent, employee, or invitee of the LESSEE without permission of the TRUSTEES. The LESSEE shall cause any furniture or apparatus displaced to be replaced to the satisfaction of the TRUSTEES immediately after any event or occasion for which the properly is used by LESSEE. The LESSEE shall not violate nor suffer to be violated any federal or State law, local ordinance, or rule of the TRUSTEES or of the CAMPUS. J 4 5 7 411/2020 9 8. It is understood and agreed that the TRUSTEES and their agents shall have the right to enter the said property or any part thereof at any time for the purpose of examination or supervision, or for the purpose of making repairs and alterations thereto as may be determined necessary by the TRUSTEES. For example, monthly inspection of the fire extinguishers and eye wash station in the labs. The LESSEE agrees to indemnif and save harmless the TRUSTEES, their officers, agents, and employees, from any and all loss, damage, or liability that may be suffered or incurred by the TRUSTEES, their officers, agents, and employees, caused by, arising out of, or in any way connected with the use by the LESSEE of the said property. 10. LESSEE shall maintain workers' compensation insurance, as required by reason of employment of personnel, and unemployment insurance, as well as comprehensive general liability insurance. Said general liability insurance policy shall be written on an "occurrence" basis, and shall have minimum limits of no less than Two Million Dollars ($2,000,000.00) combined single limit per occuffence coverage insuring against personal injury, property damage, advertising injury and other claims, and shall be endorsed to name TRUSTEES, the Trustees of the California State University, the State of California, and all of said entities' employees, agents, representatives, directors, officers, divisions and units as additional insureds.thereto. Insurers under such insurance policies shall waive all rights of subrogation as against TRUSTEES, the Trustees of the California State University, the State of Califomia, and all of said entities' employees, agents, representatives, directors, officers, divisions and units. Promptly after complete execution of this Agreement, LESSEE shall provide TRUSTEES with a current certificate of insurance evidencing the satisfaction of all of the insurance requirements contained in this section 10. I l. It is mutually understood and agreed that this lease is not assignable by the LESSEE either in whole or in part, nor shall the LESSEE sublet any part of the said property. 12. This agreement may be terminated by either party upon thirty (30) days' written notice to the other party of this lease. 13, Possessory Interest. The Fresno County Assessor may value the possessory interest created by this lease, or any subleases. Under California Revenue and Taxation Code section 107, a property interest tax may be levied on that possessory interest. The lessee is obligated to pay this property tax, and failure to do so may be considered a material breach of the lease." 14. All notices herein required to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail, registered and postage prepaid, and addressed as here in provided. Notice to the LESSEE shall be addressed to the LESSEE at LESSEE's address set forth on the signature page hereof. Notice to the STATE shall be addressed to the Director of Procurement of the CAMPUS at the address set forth beneath his signature on the signature page hereof. 41U2020 15 Compliance LESSEE is responsible for maintaining compliance with all regulatory bodies as it relates to their activities. Specifically, LESSEE must maintain currency on any updates to the guidelines referenced in this Exhibit. Potential interface between LESSEE and TRUSTEE emnlovees and activities The intent of this agreement is to partition LESSEE activities as much as possible from TRUSTEE activities in order to reduce TRUSTEE exposure to hazardous materials. To this end, specific points are detailed below. The Jordan Agricultural Research Center has established guidelines for maintaining "social distancing" within the building. LESSEE must maintain compliance with these guidelines. All LESSEE workers will receive a building orientation to familiarize them with building-wide procedures. Cttstodial services: LESSEE is responsible for all cleaning and sanitation inside labs 220, 220A, and 316. TRUSTEE will provide some consumable materials such as paper towels and hand soap and LESSEE will provide all other cleaning and sanitation materials. Sanitation materials must be compliant with the Environmental Protection Agency's "List N: Disinfectants for Use Against SARS-CoV-2." LESSEE is to dispose of trash in the dumpster on the east side of the research center. The service elevator on the east end ofthe building should be used to transport the trash. Biohazardous waste: Biohazardous waste is not to be treated as trash, TRUSTEE's Offlrce of Environmental Health and Safety (EHS) will collect the biohazardous waste that has been properly secured in a labeled, durable, leak proof container suitable for transport from labs 22A,220A and 316 as needed, but no less than on a weekly basis. TRUSTEE will supply a suitable biohazardous waste collection container and biohazard bags to be used as liners for LESSEE. LESSEE is to deposit biohazardous waste in said container prior to collection by EHS. Accumulated biohazardous waste must be in a sealed biohazard bag prior to being deposited into thecontainer. LESSEE activilv outside qf 3I6: All lab activities must be conducted in JARC 22A,220A and 316. To prevent the spread of hazardous materials outside of lab 316, LESSEE must maintain full compliance with guidelines for Biosafety Level 2 microbiological practices as spelled out in the United States Centers for Disease Control and Prevention "Biosafety in Microbiological and Biomedical Laboratories", 5th edition, and the guidelines in the World Health Organization's "Laboratory Biosafety Guidance Related to the Novel Coronavirus (2019- nCoV)." Specifically, TRUSTEE requires that County employees utilize protective coats, gowns or uniforms designated for laboratory use in addition to eye protection and gloves while working with hazardous materials. Removal of all personal protective equipment is required before leaving the labs for non-laboratory areas. Disposable personal protective equipment should be disposed of as biohazardous 41112020 waste. Persons must wash their hands after working with potentially hazardous materials and before leaving the laboratory. Delivery of samples ta JARC: The delivery of sample material by LESSEE will be done using the loading area on the east end of JARC. Samples will be packaged in alignment with LJN3373 Category B as specified in the "Laboratory Biosafety Guidance Related to the Novel Coronavirus (2019-nCoV).. Samples will be transported directly to JARC 316 using the service elevator on the eastern end of the building. Referenced Links: Environmental Protection Agency's List N: Disinfectants for Use Against SARS-CoV-2 :/lwww 1 Biosafety in Microbiological and Biomedical Laboratories, 5th edition 2009 P.PDF World Health Organization's "Laboratory Biosafety Guidance Related to the Novel Coronavirus (2019-nCoV) https://www.who.inVdocs/default-source/coronaviruse/laboratory-biosaibty-novel-coronavirus- version- I - 1 .pdf?sfvrsn:9 1 2a9847_2 Social distancing guidelines for the Jordan Agricultural Research Center https://docs. gooele.com/document/dl 1 z0xlmV-5 StA5JsAnze- pFV6 WodMI4S WI_DZ7 8 ML0ZL Yledit 4lt/2020 IN WITNESS WHEREOF, this indenture has been executed in quadruplicate by the parties hereto as the date hereof. STATE OF CALIFORNIA ta , Fresno Date: 5 of Procurement 5150 N Maple Ave M/S JAl l I Fresno, CA93740 559-278-2893 bcotham@csufresno. edu Date:lZ 2{24 bert Bash Director of Internal Services 333 W. Pontiac Way Clovis, CA93612 (ss9) 600-6200 rbash@fresnocountyca. go r 411t2020