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HomeMy WebLinkAboutAgreement A-20-091 with 380 Ashlan LLC.pdfL-347 /DSS Building C/5610 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 1 LEASE AGREEMENT THIS LEASE AGREEMENT (“Lease”) is made and entered into this_____ day of _______________, 2020 (“Effective Date”), by and between 380 Ashlan LLC, a California limited liability company, 2780 N. Miami Ave., Ste. 101, Fresno, CA 93727, (“LESSOR”), and the COUNTY OF FRESNO, a political subdivision of the State of California, 333 W. Pontiac Way, Clovis, CA 93612 (“LESSEE”). LESSOR and LESSEE may be referred to in this Lease individually as a “Party” or collectively at times as the “Parties”. 1.PREMISES – LESSOR hereby leases to LESSEE the real property at the location commonly known as 380 W. Ashlan Avenue, Clovis, CA 93612, which includes a building containing approximately 138,290 square feet of office space (the “Building”), together with surrounding common area parking, which comprises a portion of Fresno County Assessor’s Parcel Number 493-170-33, as depicted on Attachment “A”, which is attached to and incorporated by this reference (the “Premises”). LESSOR represents, covenants, and warrants to LESSEE that prior to delivery of the Lessor Occupancy Notice (as defined below), Lessor shall not permit any new mortgages, deeds of trust, leaseholds, pledges, conditions or restrictions, liens or encumbrances against the Premises that are not already in existence, with the exception of items permitted under Section 38, or other items that are expressly subordinate to this Lease. Upon LESSEE’s receipt of the Lessor Occupancy Notice (as defined below), and continuing thereafter and during the term of this Lease, LESSEE shall have the right to record a memorandum of this Lease against the Premises in the official records of the County Recorder (“Memorandum of Lease”). 2.TERM – The primary term of the Lease shall be for a period of nineteen (19) years, and shall commence upon the earlier of (i) September 1, 2021, or (ii) the completion of the Tenant Improvements by LESSOR, and after a building occupancy permit (or similar permission to occupy) has been issued by the local governing agency (whichever occurs first, between (i) and (ii), the “Rent Commencement Date”). LESSEE shall pay Base Rent and Additional Rent, which the parties have previously determined to be fair market value, from and after the Rent Commencement Date. The Rent Commencement Date, as set forth above, 25th February Agreement No. 20-091 L-347 /DSS Building C/5610 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 2 shall be acknowledged in a writing signed by LESSOR and LESSEE’s Director of Internal Services (“Lessor Occupancy Notice”). It is understood by the Parties herein that LESSEE’s primary term shall commence only after this written acknowledgement is executed, which shall not be unreasonably withheld or delayed. The primary term set forth above and any renewal term (if applicable) may be referred to hereinafter either singularly or collectively as the “Term” or ‘term’. 3. RENT/OPERATION COSTS – LESSEE shall pay to LESSOR, on a monthly basis, both Base Rent and Additional Rent (as both terms are defined herein). Base Rent and Additional Rent shall be collectively referred to as the “Rent.” i. Base Rent – LESSEE shall pay base rent on a monthly basis for the Premises (“Base Rent”) beginning on the Rent Commencement Date, as shown in the payment schedule below. ii. ADDITIONAL RENT – In addition to the Base Rent, LESSEE shall pay on a monthly basis as “Additional Rent” the annual operations costs for the Premises to LESSOR, consisting of 100% of LESSOR’S actual out of pocket cost for real estate taxes, insurance, and all maintenance-related Rent Period Beginning Per Sq St Monthly Annual September 1, 2021 $ 1.35 $ 186,691.50 $ 2,240,298.00 September 1, 2022 $ 1.40 $ 193,412.39 $ 2,320,948.73 September 1, 2023 $ 1.45 $ 200,375.24 $ 2,404,502.88 September 1, 2024 $ 1.50 $ 207,588.75 $ 2,491,064.99 September 1, 2025 $ 1.56 $ 215,061.94 $ 2,580,743.33 September 1, 2026 $ 1.61 $ 222,804.17 $ 2,673,650.09 September 1, 2027 $ 1.67 $ 230,825.12 $ 2,769,901.49 September 1, 2028 $ 1.73 $ 239,134.83 $ 2,869,617.94 September 1, 2029 $ 1.79 $ 247,743.68 $ 2,972,924.19 September 1, 2030 $ 1.86 $ 256,662.45 $ 3,079,949.46 September 1, 2031 $ 1.92 $ 265,902.30 $ 3,190,827.64 September 1, 2032 $ 1.99 $ 275,474.79 $ 3,305,697.43 September 1, 2033 $ 2.06 $ 285,391.88 $ 3,424,702.54 September 1, 2034 $ 2.14 $ 295,665.99 $ 3,547,991.83 September 1, 2035 $ 2.21 $ 306,309.96 $ 3,675,719.54 September 1, 2036 $ 2.29 $ 317,337.12 $ 3,808,045.44 September 1, 2037 $ 2.38 $ 328,761.26 $ 3,945,135.08 September 1, 2038 $ 2.46 $ 340,596.66 $ 4,087,159.94 September 1, 2039 $ 2.55 $ 352,858.14 $ 4,234,297.70 L-347 /DSS Building C/5610 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 3 expenses incurred by LESSOR allocable to the Premises (collectively, “Operation Costs”), as listed in the Operating Budget attached as Attachment “B,” and incorporated by this reference. Anticipated total Operation Costs for September 1, 2021 through December 31, 2021 are $413,210.52, as set forth in Attachment “B,” although the parties acknowledge that Attachment “B” is simply an estimate for informational purposes only, and that this estimate shall not be deemed or otherwise construed as a representation, warranty or covenant by LESSOR as to the actual Operation Costs for the 2021 calendar year. Based on the foregoing estimate, beginning on the Rent Commencement Date, LESSEE shall pay Additional Rent to LESSEE for each month or partial month at the rate of $103,302.63 per month, unless LESSOR provides LESSEE with a revised budget or a statement (as described herein) showing that LESSOR’s actual Operation Costs have increased, at which time LESSEE shall pay Additional Rent in accordance with LESSOR’s revised budget estimate or statement. Within 90 days after the end of each calendar year this Lease is in force, LESSOR shall furnish to LESSEE a statement covering the calendar year just expired, showing by cost category the actual Operation Costs incurred for that year, the monthly payments made by LESSEE during that year for the Operation Costs, and the bills or records supporting each of such costs and the allocations of such costs to LESSEE. If LESSEE’s share of the Operation Costs exceeds LESSEE’s prior payments, LESSEE shall pay to LESSOR, as Additional Rent, the deficiency, within 45 days after receipt of such annual statement and supporting documentation. If LESSEE’s payments for the calendar year exceed LESSEE’s actual share of the Operation Costs, and provided LESSEE is not in arrears as to the payment of any Base Rent or Additional Rent, LESSEE shall offset the excess against any payments of Operation Costs next due LESSOR. 4.UTILITIES L-347 /DSS Building C/5610 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 4 LESSEE is responsible for contracting directly with the applicable utility provider, and paying directly thereto for natural gas, water/sewer, garbage, telephone, and internet services for the Premises, and any and all other utility services LESSEE requires in connection with its use of the Premises. Notwithstanding any of the foregoing, in the event LESSOR provides LESSEE with solar energy or other alternative source of electricity (“LESSOR-provided electricity”), LESSEE agrees to pay for LESSOR-provided electricity at the market rate that would have been charged to LESSEE by the public utility offering electricity to the Premises, had such public utility provided such electricity to LESSEE on a metered basis. LESSOR-provided electricity shall be included as a component of Operation Costs payable monthly to LESSOR as Additional Rent. 5. PARKING – Lessor shall ensure that upon occupancy there is sufficient parking to comply with local municipal building and occupancy codes. 6. TENANT IMPROVEMENTS TO PREMISES/PAYMENT TERMS – LESSOR shall construct tenant improvements (“Tenant Improvements”), as described in Attachment E, attached and incorporated by reference. LESSOR shall use commercially-reasonable efforts to ensure that Tenant Improvements are completed by September 1, 2021. Further, any modifications to Attachment E or the final Tenant Improvement drawings, plans and specifications after the execution of this First Amendment must be approved in writing by both LESSOR and LESSEE’s Director of Social Services, or their respective designees, prior to commencement of construction of such modifications, which approval shall not be unreasonably withheld or delayed. If the modifications to Attachment E requested by the LESSEE unreasonably delay the completion, or cause more than a variation of sixty- thousand dollars ($60,000) in the cost of the Tenandt Improvements, then LESSEE shall be responsible for the cost associated with those modifications including, but not limited to, the Base Rent and Additional Rent that would become due absent the delay caused by such modifications, as well as any construction, management, labor, material or equipment costs that are incurred by LESSOR. LESSOR shall provide all labor, material and equipment for the L-347 /DSS Building C/5610 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 5 completion of the above-described work in accordance with Attachment E and the final Tenant Improvement drawings, plans and specifications. LESSOR and LESSEE agree that the total cost for the Tenant Improvements shall not exceed the sum of thirty-seven million and 00/100 dollars ($37,000,000.00). LESSEE shall pay the costs of the Tenant Improvements in an amount not to exceed $37,000,000.00, plus interest, upon completion of Tenant Improvements, or September 1, 2021, whichever is earlier, as follows: LESSEE’S cost for Tenant Improvements shall be amortized over the Term, with interest accruing at 8.5% percent per year, as described in Attachment F (the “TI Rent”), attached and incorporated by this reference; however, LESSOR and LESSEE agree that Attachment F is intended as a hypothetical amortization schedule, and will be replaced with an amortization schedule reflecting computation based on the actual cost of the Tenant Improvements. LESSEE shall make monthly payments to LESSOR for the TI Rent, which shall be in addition to the Base Rent and Additional Rent. 7. MAINTENANCE AND REPAIRS – LESSOR shall be responsible for all exterior and interior maintenance, including repair of air conditioning systems, heating units, plumbing systems, electrical systems, elevators, and interior/exterior lights and fixture ballasts, fire sprinkler system, roof, painting, flooring, landscape, parking, parking lot lighting, pest control, bird control, administrative fees and other maintenance at the Premises, as set forth in the Premises Services Agreement, attached as Attachment “C,” and incorporated by this reference. 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. LESSOR’s maintenance responsibilities shall include carpet replacement and exterior and interior painting, as needed, due to normal wear and tear. All items of maintenance and repair as set forth in Attachment “C” shall be included as a component of Operation Costs, payable monthly to LESSOR as Additional Rent. In the event Building systems such as air conditioning or heating units malfunction, restroom fixtures are not draining properly, water intrusion, leaks, or other events that immediately impact the occupancy of the Premises by LESSEE occur, LESSOR shall L-347 /DSS Building C/5610 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 6 respond within twenty-four (24) hours after contact by LESSEE to diligently pursue repairs and replace equipment to restore the systems to full working order. Structural issues, including but not limited to damaged doors, walls, roof, and windows shall be a priority, and shall be addressed within the same day such are reported. LESSOR covenants that the Premises shall be maintained in substantially the same condition as existing on the Rent Commencement Date. LESSEE shall be responsible for damages and repairs caused solely by LESSEE or LESSEE’s employees, clients, contractors, or other invitees. 8. USE - LESSEE shall use the Premises as office space for its Department of Social Services or for any other County department. LESSEE shall comply with all applicable laws, ordinances and regulations in connection with such use. Subject to Section 34, LESSOR covenants that: (i) as of the Rent Commencement Date, the Premises shall be in compliance with all applicable local, state and federal laws, ordinances and regulations, including but not limited to safety regulations, health and building codes; and (ii) the Premises shall remain in such compliance throughout the term of this LEASE, subject to LESSOR’s right to cure, pursuant to Section 12. 9. JANITORIAL SERVICES AND COST – LESSOR shall procure and provide janitorial services and supplies at the Premises (“Janitorial Services”). Such Janitorial Services shall be provided five (5) days per week, and shall include the services and supplies as described in Attachment “C”. All such expenses for Janitorial Services shall be included as a component of Operation Costs payable monthly to LESSOR as Additional Rent. LESSOR and LESSEE may agree to select a different janitorial service to correct deterioration in the quality of the janitorial service, or for any other reason mutually agreed upon by the parties. 10. ALTERATIONS – LESSEE shall make no alterations, installation, changes, or additions in or to the Premises or Building (collectively, “Alterations”) without written consent from LESSOR. Alterations shall not include moveable office furniture, office furnishings, or office equipment. L-347 /DSS Building C/5610 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 7 11. INDEPENDENT CONTRACTOR – In performance of the work, duties and obligations assumed by LESSOR under this Lease, if any, 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 venture, 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; provided, LESSOR shall satisfy and comply with its obligations as set forth herein. 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’S 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 save LESSEE harmless from, all matters relating to payment of LESSOR’S employees, including compliance with Social Security withholding and all other law and 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. 12. COMPLIANCE WITH ALL LAWS; PREVAILING WAGE – If any work is undertaken at the Premises by or on behalf of LESSOR, LESSOR shall comply with, and shall ensure compliance by all contractors and subcontractors with, all applicable laws and regulations, including the payment of prevailing wages pursuant to Section 1770 et seq. of the Labor Code. It is LESSOR’s sole responsibility to ensure compliance with California Labor Code §§1770-1780 and any regulations or directions promulgated thereunder by the DIR to the extent legally applicable to said work. To the extent legally applicable to said work, LESSOR shall insert in any contract with its contractor(s), and further shall require its contractor(s) to L-347 /DSS Building C/5610 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 8 insert in any subcontract, the requirements contained in California Labor Code §§1770-1780. LESSEE has made no representations upon which LESSOR has relied, and under no circumstances shall LESSEE be responsible for any violation of any wage or employment law, regulation or DIR requirement. Compliance with said laws, regulations and DIR requirements is the sole responsibility of LESSOR and its contractor(s). 13. 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 such notice to cure its breach; however, if such default continues beyond thirty (30) days after written notice thereof from LESSEE to LESSOR then LESSOR will not be in default hereunder if within such thirty (30) day period, LESSOR commences the curing of such default and diligently and in good faith prosecutes the same to completion. If the period for cure expires and if, in LESSEE'S sole and reasonable determination, LESSOR has failed to cure, then LESSEE may 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. 14. CONDEMNATION OR PROHIBITED USE – If a material portion of the Premises, which for purposes of this Section 13 shall be deemed to be 30% or more of the usable square footage of the Premises (a “Material Portion”), is appropriated, condemned, or taken by any governmental authority or public agency other than LESSEE by use or exercise of eminent domain proceedings or other proceedings, or any inverse condemnation, or is sold under threat of use of exercise of eminent domain by any governmental authority or public agency other than LESSEE, or by reason of law, ordinance, regulation, or court judgment, LESSEE’s use or occupancy of the Premises, or any portion greater than 30% of the rentable square footage, shall be materially and adversely affected for the period set forth in clause (i) below, but excluding therefrom any day that is not a LESSEE business day (collectively L-347 /DSS Building C/5610 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 9 “Condemnation or Prohibited Use”), then LESSEE shall have the right to do either of the following: (i) If the Condemnation or Prohibited Use is not a permanent taking, but has a material adverse effect on LESSEE’s use and occupancy of the Premises such that LESSEE cannot use the Premises in the ordinary course of business, then Base Rent shall abate for the period that the Premises is not usable by LESSEE. LESSEE shall be entitled to the value of any award attributable to the loss of use of all or any portion of the Premises during such period of non- use. Any taking with a proposed duration of over twenty-four (24) months shall be deemed to be a permanent taking. If the Condemnation or Prohibited Use is a permanent taking of a Material Portion of the Premises and has a material adverse effect on LESSEE’s use and occupancy of the Premises, then LESSEE may terminate this Lease by giving written notice thereof to LESSOR. Such notice shall specify a date of termination of this Lease not less than one hundred eighty (180) calendar days, and not more than two-hundred ten (210) calendar days, from the date of such notice, or from the date that LESSEE’s use of the Premises will be materially adversely affected pursuant to the notice LESSEE receives from LESSOR of such appropriation, condemnation, taking, or sale that shall prohibit LESSEE’s use or occupancy of the Premises, or the affected part thereof, whichever is earlier. The County Administrative Officer or the Director of Internal Services/Chief Information Officer, or a designee of one of them, shall have the authority to provide such notice on behalf of LESSEE. (ii) LESSEE may renegotiate with LESSOR with respect to the terms of any amounts to be owed by LESSEE hereunder, including any portion or installment of the Base Rent, when such are due and payable, and/or any other amounts otherwise due and payable hereunder, for the remainder of Premises not affected by such Condemnation or Prohibited Use during the balance of the term of this Lease. Any such renegotiated terms of the Base L-347 /DSS Building C/5610 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 10 Rent, and/or any other amounts otherwise to be due and payable herein shall be sought in good faith and without unreasonable delay by the Parties, and made only by written amendment, pursuant to Section 20, herein. 15. DESTRUCTION OR DAMAGE FROM CASUALTY – 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 ("Casualty"), then LESSOR shall either promptly and diligently repair the damage at its own cost, or terminate this Lease as hereinafter provided. If LESSOR obtains any proceeds from the Property Insurance Policy (as defined in Section 16, herein) that are not otherwise payable to any mortgagee or beneficiary, and this Lease is not terminated as a result of such Casualty pursuant to the terms hereof, then LESSOR shall promptly apply all of such insurance proceeds toward the repair and restoration of the Premises pursuant to LESSOR’s obligations under this Section 14. (A) LESSOR'S Election to Repair: If LESSOR elects to repair the Casualty damage to the Premises, then it shall, within fifteen (15) days after the date of Casualty, or as soon as possible thereafter provide written notice ("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 existing on the Rent Commencement Date; 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 this Lease due to Casualty if: the Premises have been destroyed L-347 /DSS Building C/5610 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 11 or substantially destroyed by said Casualty, and the estimated time to repair the Premises exceeds sixty (60) days from the date of the Casualty. LESSOR shall provide LESSEE with written notice of its election to terminate within forty-five (45) 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 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 reasonably determined by LESSEE. If LESSOR elects to repair the Premises pursuant to the terms of this Lease, to the extent the Premises remain unusable, 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 fifteen (15) days or as soon as reasonably possible after a Casualty, or if the anticipated period of repair contained in the Notice of Repair exceeds two-hundred seventy (270) days, then LESSEE may elect to terminate this Lease by providing thirty (30) days prior written notice to LESSOR. In such case, LESSEE shall have the right to demand that LESSOR refund any monies which, in the reasonable 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. 16. HOLD HARMLESS – LESSOR will indemnify, defend, and hold LESSEE harmless from and against any and all liabilities, claims, demands, actions, proceedings, costs, expenses or damages of any kind or nature (collectively, “Claims”) in any manner directly or indirectly caused, occasioned or contributed to by reason of the negligence, whether active or passive, of LESSOR or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of LESSOR’S obligations pursuant L-347 /DSS Building C/5610 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 12 to this Lease. LESSEE will indemnify, defend, and hold LESSOR harmless from and against any Claims in any manner directly or indirectly caused, occasioned or contributed to by reason of the negligence, whether active or passive, of LESSEE or anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this Lease or any Claims otherwise arising in connection with LESSEE’S use and occupancy of the Premises. The parties acknowledge that as between LESSOR and LESSEE, each is responsible for any Claims arising from the acts or omissions of its own employees and invitees and notwithstanding anything to the contrary in this Section 15, each Party hereby waives any claim for or right to consequential or punitive damages. The provisions of this Section 15 shall survive termination of this Lease. 17. INSURANCE A. LESSOR shall maintain in full force and effect, the following insurance policies throughout the term of the Lease: i. Commercial General Liability - Commercial General Liability Insurance covering the common areas located on the Premises with limits of not less than Two Million Dollars ($2,000,000) per occurrence, and an annual aggregate of Four Million Dollars ($4,000,000). This policy shall be issued on a per occurrence basis. ii. Property Insurance – A “Property Insurance Policy” which is defined herein to mean a policy of special form, so called “all-risk” of physical loss property insurance insuring against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as are now or hereafter may be included in broad form coverage (at LESSOR or LESSEE’s option or if otherwise required by LESSOR’s mortgagee, if any, also to include coverage against earthquake and flood) from time to time in general use in the State of California covering the full replacement value of all alterations, Tenant Improvements, additions, partitions, improvements, L-347 /DSS Building C/5610 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 13 machinery, equipment, and fixtures made or placed by LESSEE in the Premises, covering the Building and other improvements on the Premises, and covering any other perils which LESSEE deems reasonably necessary and so requests to be covered by written notice to LESSOR. The Property Insurance Policy shall name LESSOR and the holder of any mortgage or deed of trust encumbering the Premises (if any), as its interest may appear, as a loss payee under such policy. The limits for such insurance shall be for not less than the full replacement value of the Building as improved and existing as of the date of Casualty (the “Minimum Insured Amount”). On the Rent Commencement Date, from time to time as LESSEE makes improvements to the Building, upon LESSOR’s request, and at such other times during the Term as LESSEE elects in its discretion, LESSEE shall deliver to LESSOR written notice of the Minimum Insured Amount and LESSOR shall communicate such Minimum Insured Amount to its insurer. Neither LESSOR nor LESSEE shall do or permit anything to be done which invalidates any such insurance policies. iii. Rental Loss Insurance - A policy of rental interruption or rental loss insurance against loss, total or partial, of the use and occupancy of the Premises, in an amount sufficient to pay the Base Rent and Additional Rent required to be paid by LESSEE hereunder for a twenty – four (24) month period, as a result of any of the hazards covered by the Property Insurance Policy required hereunder. iv. Worker’s Compensation - Worker’s Compensation insurance, if required by the California Labor Code. LESSOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno (“County”), its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Lease are concerned. This insurance shall not be cancelled or changed without a minimum or thirty (30) L-347 /DSS Building C/5610 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 14 days advance written notice given to County. Within (30) days after the Rent Commencement Date, 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: ISD Lease Services (L-347), 333 W. Pontiac Way, Clovis, CA 93612 stating that such insurance coverages have been obtained and are in full force; that such Commercial General Liability insurance names the LESSEE, its officers, agents, and employees, individually and collectively, as additional insured as required herein, that for such worker’s compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that waiver does not invalidate the insurance policy, and that such insurance shall not be cancelled 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 all times insurance coverage as herein provided, then LESSEE may, after thirty (30) days written notice to LESSOR, obtain such insurance on LESSOR’S behalf and offset Base Rent by the amount of such insurance premiums incurred by LESSEE, after providing written notice of such amounts and proof of insurance to LESSOR. The costs incurred by LESSOR in obtaining and maintaining the insurance policies required of LESSOR hereunder (including any deductibles payable in the event of a loss covered by such policies) shall be referred to herein collectively as “LESSOR’S Insurance Costs” and shall be reimbursable to LESSOR as Additional Rent, as defined herein, in accordance with Section 3, herein. B. 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 (provided that any such self-insurance program shall not diminish or reduce LESSEE’S liability hereunder): i. Commercial General Liability insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual L-347 /DSS Building C/5610 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 15 aggregate of not less than Four Million Dollars ($4,000,000.00). This policy shall be issued on an occurrence basis, shall name LESSOR as additional insured, and shall be primary and non- contributing as to occurrences and claims in connection with events occurring within the Building (as opposed to in the common area of the Premises for which LESSOR’S Commercial General Liability policy shall be primary). ii. All-Risk property insurance. A Special form casualty insurance coverage which shall include fire and such other perils as are customarily included in such insurance maintained by prudent tenants leasing similar space in the same general area of the Premises, in an amount adequate to cover the replacement cost of (i) LESSEE’S merchandise, trade fixtures, furnishings, equipment and other personal property of LESSEE located on or within the Premises, and (ii) at LESSEE’s option, the leasehold improvements, alterations and additions to the Premises for which LESSOR shall be named as a loss payee under such insurance, provided however, the proceeds of such insurance shall be delivered to and used by LESSOR to repair or replace the affected leasehold improvements, alterations and additions, and if not so used, shall be paid to LESSEE. LESSEE shall provide copies of the insurance policies, appropriately authenticated by the insurer, or original insurance certificates reasonably acceptable to LESSOR, evidencing the insurance coverages called for above. Such copies of policies or certificates shall be furnished to LESSOR upon execution of this Lease. The policies or certificates shall contain a provision that the insurer will not cancel or refuse to renew the policies, or change in any material way the nature or extent of the coverage provided by such policies without first giving LESSOR thirty (30) days prior written notice. Thirty (30) days prior to expiration of any L-347 /DSS Building C/5610 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 16 policies of insurance carried by LESSEE, LESSEE shall provide proof of continuing coverage. Waiver of Subrogation. Neither LESSOR nor LESSEE shall be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income and benefits, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. LESSOR and LESSEE shall require their respective insurance companies to include standard waiver of subrogation provisions in their respective policies. All policies hereunder 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 VII or better. 18. SURRENDER OF POSSESSION / HOLDOVER – Upon the expiration or termination of this Lease, LESSEE will surrender the Premises to LESSOR broom clean, and otherwise in such condition as existing on the Rent Commencement Date, less reasonable wear and tear, but including all improvements made by LESSEE. If LESSEE holds over after the expiration of the Term or earlier termination thereof, with or without the express or implied consent of LESSOR, such tenancy shall be tenancy at sufferance only, and shall not constitute a renewal hereof or an extension for any further term, and in such case LESSEE shall pay one hundred three percent (103%) of the Base Rent in effect just prior to expiration or termination, until either party gives the other thirty (30) days written notice of termination, reciting therein the effective date of cancellation. LESSOR hereby expressly reserves the right to require LESSEE to surrender possession of the Premises to LESSOR as provided in this Lease upon the expiration or other termination of this Lease. The provisions of this Section 17 shall not be deemed to limit or constitute a waiver of any other rights or remedies of LESSOR provided herein or at law. 19. FIXTURES – LESSOR agrees that any equipment, fixtures or apparatus L-347 /DSS Building C/5610 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 17 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 pay for the repair of any damage caused by the removal of fixtures. Any fixtures not removed after LESSEE surrenders possession shall become the property of LESSOR. 20. RIGHT OF ENTRY – LESSOR, or its representative(s), upon twenty-four (24) hours’ notice, or immediately in the event of an emergency, shall have the right to enter the Premises at any time during business hours, or at such other time as LESSEE deems 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 may enter the Premises at any time without giving prior notice to LESSEE. 21. AMENDMENT – This Lease may be amended in writing by the mutual consent of the parties without in any way affecting the remainder of this Lease. 22. NON-ASSIGNMENT – Neither Party shall assign, transfer or sub-let this Lease, or the rights or duties under this Lease, without the prior written consent of the other Party, which consent shall not be unreasonably withheld or denied, except that LESSOR may sell or refinance the Premises or any part thereof, in which case LESSOR shall promptly notify LESSEE in writing of such sale or refinancing. Further, in the event of any such assignment, sublease or transfer of LESSEE’s rights or obligations hereunder, the originally named LESSEE hereunder (i.e., the COUNTY OF FRESNO, a political subdivision of the State of California) shall remain fully and primarily liable for all duties and obligations of LESSEE under this Lease. 23. 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. 24. AUDITS AND INSPECTIONS – The LESSOR shall at any time during business hours, and as often as LESSEE may deem necessary, make available to LESSEE for examination all of its records and data with respect to the matters covered by this Lease. L-347 /DSS Building C/5610 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 18 The LESSOR shall, upon request by LESSEE, permit 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). (i) NOTICES – The persons and their addresses having authority to give and receive notices under this Lease include the following: LESSEE: County of Fresno County Administrative Office (CAO) 2281 Tulare Street, Suite 304 Hall of Records Fresno, CA 93721 (559) 600-1710 with copies to: County of Fresno (L-347) Director of Internal Services 333 W. Pontiac Way Clovis, CA 93612 (559) 600-6200 LESSOR: 380 Ashlan LLC, a California limited liability company Attn: Clayton Medina 2780 N. Miami Ave., Ste. 10 Fresno, CA 93727 (559) 346-1400 All notices between LESSEE and LESSOR provided for or permitted under this Lease must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three LESSEE business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one LESSEE business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of LESSEE business hours, then such delivery shall be deemed to be effective at the L-347 /DSS Building C/5610 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 19 next beginning of a LESSEE business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising from or related to this Lease, nothing in this Lease 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). 25. 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 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 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 Attachment “D”, attached hereto and by this reference incorporated herein, and submitting it to the County of Fresno prior to commencing with the self-dealing transaction or immediately thereafter. 26. SUCCESSORS – This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto, always providing that nothing in this Section 25 shall impair any of the provisions herein above set forth prohibiting assignment or other transfer of this Lease by LESSEE without the prior written consent of LESSOR. 27. LESSEE'S DEFAULT AND LESSOR'S REMEDIES – A. LESSEE’S Default. LESSEE shall be in default under this Lease if LESSEE fails to perform any of its obligations hereunder and (i) if the failure is in the payment of Base Rent, or any other failure which can be cured by the payment of money, the failure continues uncured for a period of ten (10) days after written notice thereof from LESSOR (provided, however, LESSOR shall have L-347 /DSS Building C/5610 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 20 no obligation to provide such written notice more than two (2) times in any twelve (12) consecutive month period), or (ii) if the failure is in any of the other provisions of this Lease and such failure continues uncured for a period of thirty (30) days after written notice thereof from LESSOR, unless such cure is not capable of completion within thirty (30) days, in which case LESSEE shall be afforded such additional time as may be reasonably necessary to complete the cure, provided LESSEE commences the cure within thirty (30) days of LESSOR’S notice, and diligently pursues such cure to completion, or, in the event of a threatened injury to life or property due to such failure, continues for such lesser period as LESSOR may specify in such written notice. B. LESSOR’S Remedies. In the event of a default by LESSEE, besides any other rights and remedies of LESSOR at law or equity, LESSOR shall have the following rights and remedies. All remedies herein conferred on LESSOR shall, to the fullest extent permitted by law, be deemed cumulative and no one exclusive of the other or of any other remedy conferred by law or in equity, and nothing herein shall prevent LESSOR from pursuing any and all other remedies it may have upon LESSEE’S default. i. Election to Continue or Terminate Lease. LESSOR shall have the right to elect either to continue or terminate this Lease, as follows: (a) Continuation of Lease. LESSOR shall have the remedy described in California Civil Code Section 1951.4 (LESSOR may continue this Lease in effect after LESSEE’S breach and abandonment and recover rent as it becomes due, if LESSEE has the right to sublet or assign, subject only to reasonable limitations). Accordingly, if LESSOR does not elect to terminate this Lease on account of any default by LESSEE, LESSOR may, from time to time, without terminating this Lease, enforce all of its rights and remedies under this Lease, including the right to recover all Rent as it becomes due. L-347 /DSS Building C/5610 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 21 (b) Termination of Lease. LESSOR shall have the right to terminate this Lease, by giving written notice of termination to LESSEE or, if LESSEE’S address is unknown, by posting such notice on the Premises. Absent such written notice, no acts of LESSOR (including entering, repairing, preparing to re-let, or re-letting the Premises) shall be construed as an election to terminate the Lease. In the event that LESSOR elects to terminate this Lease, then LESSOR shall be entitled to its statutory unlawful detainer remedy. C. No Event of Default. Notwithstanding anything herein to the contrary, LESSEE shall NOT be in default under this Lease solely because of the failure to pay any amounts to be owed by LESSEE hereunder — including any portion or installment of the Base Rent, when they are to be due and payable herein, and/or any other amounts otherwise due and payable herein—to the extent such amounts are subject to abatement, as set forth in Section 31, herein. D. No Acceleration of Future Rent or Other Payments/Amounts. Notwithstanding anything to the contrary contained herein this Lease or any right or remedy of which LESSOR may otherwise avail itself pursuant to applicable law, any right of LESSOR to recover any rents (including Base Rent, Additional Rent, and TI Rent) and/or any other amounts to be paid by LESSEE as provided in this Lease shall be without acceleration of any future Base Rent and/or any future Additional Rent, and/or any future TI Rent, and/or any other amounts to be paid by LESSEE herein, before they are due and payable hereunder. LESSOR hereby expressly waives its right to accelerate rent in the event of a termination of this Lease, pursuant to California Civil Code section 1951.2. 28. WAIVER – No covenant or condition of this Lease shall be deemed waived, except by the written consent of LESSOR or LESSEE, as appropriate, and any forbearance or indulgence by the party entitled to performance shall not constitute a waiver of the covenant or condition to be performed. Until complete performance of such covenant or L-347 /DSS Building C/5610 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 22 condition, the party entitled to performance shall have the right to invoke any remedy available to it under this Lease or by law, despite such forbearance or indulgence. The subsequent acceptance of Rent hereunder by LESSOR shall not be deemed to be a waiver of any preceding default by LESSEE of any term, covenant or condition of this Lease, other than the failure of LESSEE to pay the particular Rent so accepted, regardless of LESSOR’S knowledge of such preceding default at the time of acceptance of such Rent. 29. LATE CHARGES – LESSEE hereby acknowledges that late payment by LESSEE to LESSOR of Rent or other sums due hereunder shall cause LESSOR to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or any other sums due from LESSEE shall not be received by LESSOR or LESSOR’S assignee within forty-five (45) days after the date due, then LESSEE shall pay to LESSOR a late charge equal to three (3%) percent of such overdue amount; provided that any payment postmarked by the 5th of the month shall be presumed to be mailed in a timely manner. The parties hereby agree that such late charge represents a fair and reasonable estimate of the cost that LESSOR will incur by reason of the late payment by LESSEE. Acceptance of such late charges by LESSOR shall in no event constitute a waiver of LESSEE’S default with respect to such overdue amounts, nor prevent LESSOR from exercising any of the other rights and remedies granted hereunder. In addition, LESSEE shall pay to LESSOR interest at the Interest Rate as defined in Section 30, herein, on any delinquent payments, commencing ninety (90) days after the date payment was due and continuing until paid. 30. INTEREST – Any amount owing from one party to the other under this Lease which is not paid within ninety (90) days of the date when due shall thereafter bear interest at the Interest Rate. As used herein, the term “Interest Rate” means a per annum rate of interest equal to the lesser of (i) five percent (5%) per annum over the then most recent annual prime or reference rate of interest announced by Bank of America N.A. (or in the event Bank of America N.A. ceases to publish a prime or reference rate, the prime rate of a comparable L-347 /DSS Building C/5610 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 23 national banking institution reasonably agreed upon by the parties), or (ii) the maximum rate permitted by applicable law. 31. ABATEMENT OF BASE RENTS, ADDITIONAL RENT, TI RENT, AND OTHER PAYMENTS – Notwithstanding anything to the contrary in this Lease, (i) LESSEE’s obligations to pay the Base Rent, Additional Rent, TI Rent, and/or any other amounts otherwise due and payable hereunder to LESSOR shall be abated during any period, and to the extent, that the Premises, or any portion thereof (in the case of an affected portion of the Premises, then, such abatement shall also be in proportion thereof), cannot be used and occupied by LESSEE pursuant to this Lease as a result of any material property damage or loss or title defect (excluding any permitted encumbrances at execution date), or of any Condemnation or Prohibited Use of the Premises, or any portion thereof, and (ii) any abatement of any Base Rent, Additional Rent, TI Rent, and/or other amounts otherwise due and payable, herein pursuant to this Section 31 shall not be deemed to be a default under this Lease on the part of LESSEE. Abatement of any Base Rent, Additional Rent, TI Rent, and/or of any other amounts otherwise due and payable hereunder shall only suspend the period during which LESSEE is otherwise required to pay Base Rent, Additional Rent, TI Rent, and/or any other amounts otherwise due and payable, hereunder to LESSOR, and shall not relieve LESSEE from subsequently paying the remainder of all such Base Rent, Additional Rent, TI Rent, and/or any other amounts otherwise due and payable herein, pursuant to this Lease once the condition giving rise to the abatement has been cured, corrected, eliminated, or satisfactorily resolved. Such abatement shall continue for the period commencing with the date of such material loss or title defect, or of any Condemnation or Prohibited Use of the Premises, or any portion thereof, and ending with the cure, correction, elimination or satisfactory resolution of the material loss or title defect whereby LESSEE may use and occupy the Premises, or the adversely affected portion thereof, pursuant to this Lease. Cure, correction, elimination or satisfactory resolution may, upon prior mutual written approval of LESSOR and LESSEE (which the parties will negotiate in good faith and without unreasonable delay), occur in L-347 /DSS Building C/5610 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 24 commercially reasonable stages, as determined by the nature of the problem being remedied, and the impact that such staged remedial action and the coordination and timing thereof would have on LESSEE, LESSEE’s Director of Internal Services/Chief Information Officer, or his/her designee, shall be authorized to execute such written approval for LESSEE. The monthly Base Rent, Additional Rent, TI Rent, and any other amounts otherwise due and payable hereunder, by LESSEE to LESSOR with respect to the Premises, or any portion thereof, shall be abated to the extent that the amount of the monthly fair rental value of the portion of the Premises in respect of which there is no substantial interference with LESSEE’s use and occupancy of the Premises is less than the amount of monthly Base Rent, Additional Rent, TI Rent, and any other amounts otherwise due and payable hereunder, in which case the monthly Base Rent, and/or Additional Rent and/or any other amounts otherwise due and payable hereunder shall be abated only by an amount equal to the difference thereof. During the occurrence of any Casualty which is covered by rental interruption insurance or rental loss insurance (See Section 16A(iii), herein) the proceeds of any rental interruption insurance or rental loss insurance that LESSOR may receive as a result of such Casualty shall be applied by LESSOR, to the credit of LESSEE, for any monthly Base Rent, Additional Rent, TI Rent, and any other amounts otherwise due and payable hereunder; in such instance of such amounts so received, LESSOR shall so inform LESSEE of any such amounts so received. Nothing contained in this Section 31 shall obligate LESSEE for payments of Base Rent and/or Additional Rent and/or any other amounts otherwise due and payable hereunder if this Lease is terminated pursuant to Section 12 herein. 32. LESSOR EXCULPATION – It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of LESSOR and the LESSOR’S members, owners, agents, employees, and partners (including any successor landlord) (collectively, the “LESSOR Parties”) and any recourse by LESSEE against LESSOR or the LESSOR Parties shall be L-347 /DSS Building C/5610 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 25 limited solely and exclusively to an amount which is equal to the ownership interest of LESSOR in the Building in which the Premises is located (excluding any proceeds thereof), and neither LESSOR, nor any of LESSOR’s members shall have any personal liability therefor, and LESSEE hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under LESSEE. 33. ENERGY CONSUMPTION DISCLOSURE – If LESSEE (or any party claiming by, through or under LESSEE) pays directly to the provider for any energy consumed at the Premises, LESSEE shall, promptly upon request, deliver to LESSOR (or, at LESSOR’S option, execute and deliver to LESSOR an instrument enabling LESSOR to obtain from such provider) any data about such consumption that LESSOR, in its reasonable judgment, is required to disclose to a prospective buyer, tenant or mortgagee or prospective mortgagee under California Public Resources Code § 25402.10, or any similar law. 34. DISABILITY ACCESS INSPECTION – Neither the Building nor the common areas located on the Premises have undergone inspection by a Certified Access Specialist (CASp) within the meaning of California Civil Code Section 1938, and LESSOR is not providing any representations or warranties regarding whether the Premises meets all applicable construction-related accessibility standards. 35. COUNTERPARTS – This Lease may be executed in one or more counterparts (which may be facsimile or .pdf e-mail counterparts followed by originals), each of which will be deemed an original and all, taken together, will constitute one and the same instrument. 36. FORCE MAJEURE – In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, adverse weather (including rain), inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, fire or other casualty, then performance of such act shall be excused for the period of the delay and the period from the performance of any such act shall be extended for a period equivalent to the period of such delay (any such delay is herein referred to as an “Force Majeure Delay”). In no event shall LESSEE’S inability to satisfy a monetary obligation hereunder constitute or L-347 /DSS Building C/5610 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 26 be subject to Force Majeure Delay. 37. 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 reasonably satisfactory to both parties, 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 37 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. 38. 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 L-347 /DSS Building C/5610 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 27 transferee as if said transferee was LESSOR under this Lease. 39. AUTHORITY – Each individual executing this Lease on behalf of LESSOR represents and warrants that such individual(s) are duly authorized to execute and deliver this Lease on behalf of 380 Ashlan LLC, a California limited liability company, and that this Lease is binding upon 380 Ashlan LLC, a California limited liability company, in accordance with its terms. 40. ENTIRE AGREEMENT – This Lease constitutes the entire Lease between 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. 41. SEVERABILITY – Each provision of this Lease is severable from any and all other provisions of this Lease. Should any provision(s) of this Lease be for any reason unenforceable, the balance shall nonetheless be of full force and effect. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 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-34 7 /DSS Build i ng C/5610 IN WITNESS WHEREOF , the parties have executed this Lease as of the day and year first hereinabove written . LESSOR: 380 Ashlan LLC , a California limited liab ility company FOR ACCOUNTING USE ONLY: FUND : SUBCLASS : ORG NO : ACT NO: 0001 10000 5610 7340 LESSEE: COUNTY OF FRESNO Ernest Buddy Mendes , Chairman of the Board of Supervisors of the County of Fresno ATTEST : Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California By : CK~~ Deputy 28 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 29 ATTACHMENT “A” Premises Map 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 31 ATTACHMENT “B” Maintenance Operating Budget Services Per Sq Ft Monthly Utility (Electrical) $ 0.193 $ 26,689.97 Property Taxes $ 0.148 $ 20,466.92 Landscaping $ 0.031 $ 4,286.99 Maintenance Supplies $ 0.058 $ 8,020.82 Pest Control $ 0.001 $ 138.29 One Site Maintenance $ 0.065 $ 8,988.85 Insurance $ 0.045 $ 6,223.05 Janitorial Service $ 0.107 $ 14,797.03 Janitorial Supplies $ 0.034 $ 4,701.86 Administrative Fee $ 0.065 $ 8,988.85 Total $ 0.747 $ 103,302.63 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 31 ATTACHMENT “C” Premises Services Agreement Landscape 1.Maintenance of all Landscaped areas on the Premises 2.All Tree Maintenance 3.Plant replacement Parking Lot 1.Contract Vacuuming a.1 x a month sweeping of all parking lot stalls 2.Resurfacing or repaving Exterior Building Maintenance 1.Pressure Washing to be performed a.2 x year - Window washing all floors b.1 x month - Window Washing for 1st floor windows only 2.Painting a.Graffiti removal as needed 3.Pest Control a.1 x month, exterior only – Treat and spray the outside of the building 4.Common Area Repairs a.Vandalism repairs as needed 5.Roof Repairs Janitorial 1.Daily: a.Vacuum all carpeted areas b.Sweep and/or dry mop floors c.Dust cleared desk and table surfaces, clean counters d.Empty all waste baskets and dispose of trash in appropriate trash bins e.Clean smudges and unsightly appearances form door jambs, light switches, glass partitions, and counters f.Clean and sanitize all sinks, toilets, and urinals g.Clean all restroom mirrors, tile and splash walls h.Spot clean restroom walls and partitions i.Refill supplies in Restrooms (paper towels, toilet tissue, soap, etc.) 2.Monthly: a.Dust all blinds and sills 3.Perform as Required: a.Wet mop floors b.Remove interior cobwebs c.Dust wall picture frames and partition tops d.High dust, including walls, light fixtures, vents and ledges above normal reach, door ledges e.Wash/clean light fixtures, walls, A/C vents f.Dust/clean baseboards g.Spot clean carpets 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 32 h.Steam clean all carpets i.Strip and wax all vinyl and tile flooring j.Clean Interior windows HVAC 1.Contract Maintenance a.Quarterly Service Agreement Interior Building Maintenance 1.Electrical Repairs 2.Plumbing a.Service calls i.Urinal ii.Toilet iii.Fixture repairs 3.Elevator Contract Maintenance a.Cost is based on two elevators b.Service to be performed quarterly Vendors 1.Lessee shall have the right to approve all vendors. On-Site Management 1.Property Management available upon request 2.1 x week - Property Management assessment of interior and exterior of building visits with lead personnel 3.Property Management or their representative will visit the building on a daily basis Monday through Friday. Utilities 1.Utility - Gas - Tenant pays direct to PG&E 2.Utility - Electric - Tenant pays to LESSOR 3.Elevator Phone Line a.To allow access to make emergency calls in case of an entrapment Fire Safety 1.Maintenance of Fire Alarm System a.Testing system on quarterly basis per FFD regulations b.Testing system on a yearly basis per FFD regulations c.Testing system on a 5-year basis per FFD regulations 2.Fire System Phone Line a.Phone line to ensure fire alarm system is active and able to communicate to central monitoring station Insurance 1.Property Insurance based on then current Building value 2.General Liability 3.Other coverages, including earthquake insurance 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 33 Property Taxes 1. Property taxes and assessments Operating Expenses 1. Operating expenses shall be considered Additional Rent under the Lease. 2. Additional rent shall be paid by Lessee on or about the 1st of the month along with monthly Base Rent. Each payment shall be equal to 1/12th of the annual budget. 3. Lessor shall endeavor to deliver to Lessee an annual good faith Operating Expense budget at least 120 days prior to the start of the next calendar year. 4. Within 90 days after the year is completed, Lessor shall submit to Lessee a reconciliation of the actual Operating Expenses. 5. Any overpayment of Operating Expenses shall, at Lessor’s option, either be refunded to Lessee within thirty (30) days after Lessor’s delivery of the statement setting forth such amount OR credited against Lessee’s installment(s) of the rent next becoming due under this Lease. Any underpayment shall be paid by Lessee to Lessor within 45 days. Modification to Agreement This agreement may be modified upon the mutual agreement of both parties. Administration Fee Lessee shall pay a 9.5% Administration Fee to Lessor on all expenses. Repairs Lessor shall make any necessary repairs and replacements during the course of the life of the lease of every kind and nature and which shall be considered an operating expense. All repairs, replacement, maintenance, restoration or operation of the building and on any floor or conference room are considered as part of this agreement and will be an operating expense whether paid or incurred and without any limitation. Term of Agreement The term of this agreement will be for the life of the Lease. Termination of Agreement This Premises Services Agreement or any portion thereof may be terminated by Lessee with a 60-day notice for cause. *To the extent Lessor and Lessee agree upon modifications to the services to be provided by Landlord pursuant hereto, the budget shall be modified to reflect such modifications and Tenant’s estimated monthly payment shall be adjusted accordingly. 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 34 ATTACHMENT “D” 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 Cor porations 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-347) Internal Services Department 333 W. Pontiac Way Clovis, CA 93612 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 35 (1) 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: Date: 01000 00360 00400 00610 00615 00620 00621 01580 01581 01582 01583 01584 01585 01740 01900 01900 01900 01900 01901 01902 01910 02000 03000 03200 03300 DSS Child Services Clovis, Ca. Fresno County Department of Social Services PROJECT: LOCATION: CLIENT: BUILDING AREA: 138,290 BGSF GENERAL REQUIREMENTS Permits Preconstruction Services Payment/Performance Bonds Concrete Slab @ Restroom Cores Concrete Slab @ Plumbing Trenches Concrete Slab @ Electrical Trenches Concrete Curbs Chain link fence enclosure at MSB W.I. fence W.I. Auto Gates 24' Double Steel - Trellis at Patio Landscaping & Irrigation Parking Striping Grading & backfill AC Patch Seal Coat Concrete Patch @ Parking Concrete sidewalks & Patio Concrete Pavement - Dock Misc Site Work Site Preperation Weight Fees Temporary Toilets Toilets (2x a week service) Handwash Stations Service 2x per week Drop Off & Pick Up General Liability Insurance Professional Liability Insurance Subcontractor Default Insurance Waste Disposal - Debris Dumpsters Haul Fees CONCRETE Concrete Reinforcement Foundations Foundations - Brace Frames Slab On Grade Concrete Slab & Fill @ Dock Levelers Final Construction Cleaning Misc Large Equipment Rental Temp Power - Distribution Safety Equipment Site Maintenance Equip Transportation & Handling Small Tool (Rental/Purchase) Environmental/Abatement SITE PREPERATION Mechanical Pad at Boiler Cast-in-Place Concrete SOG - MEP Trenches SOG - at curb removal areas 04000 04420 04420 04420 05000 05120 05122 05122 05122 05122 05122 05510 05510 05510 05510 05510 06000 06100 06100 06100 06100 06100 06400 06400 06400 06400 06400 06400 06400 06400 06400 07000 07100 07100 07211 07301 07302 07410 07302 07600 07302 07304 07304 07602 07700 07700 07840 07900 08000 Foundations Foundations - Brace Frames Slab On Grade - Unit Foundations Concrete Slab & Fill @ Dock Levelers Mechanical Pad at Boiler Slab On Grade METALS Misc Iron & Metals Condensing Unit Support Structure Window Opening Wall Supports AHU Unit Support Structure MASONRY CMU Walls CMU Walls - Grout CMU @ Window Cut Outs CMU Walls - Fill in openings TS Wall Braces @ Short Walls in Open Areas WOODS AND PLASTICS Misc. Carpentry - blocking/backboards/etc Angle @ Structural plywood at top of Offices in old Warehouse AHU Unit Support Screen HVAC Supports - Misc Collateral (VAV boxes, IDF) Steel Ladder - Low Roof Steel Stair -1 story to platform Brace Frames WF Strut Floating Upper Shelves Plastic Laminated Tops Break Room Seating Break Room Islands Quartz Tops - Restrooms, Receptions Desk, Break Rooms Wood wall cladding in Lobby - Du Chateau Structural plywood at top of Offices in old Warehouse Plywood at Elctrical Rooms General Labor Lower Cabinets Lower Cabinets & Sub Tops Upper Cabinets Sheet metal caps on Evap. Cooler Openings Walk Pads Metal Roofing at Entrance Canopies R & R Metal Roof Panels Parapet Coping Metal ACM Panels at Exterior Elevations THERMAL/MOISTURE PROTECTION Wall Insulation Ceiling Insulation - w/ white lining Roofing Metal Roof Patch @ HVAC Units Spray Foam 2" Insulated Roof System Flashing & Sheet Metal Roof Access Hatch & Ships Ladder - High Roof Roof Access Hatch - Low Roof Firestopping Caulking & Sealants DOORS AND WINDOWS 08100 Doors/Frames/Hardware, installed 08101 Single, interior Alum w/ Plam 08102 Single, interior w/ Sidelight Alum w/ Plam 08103 Double, interior Alum w/ Plam 08104 Access System Hardware 08105 Single, exterior HM 08105 Double, exterior HM 08190 Misc 08310 Access Panels 08400 Glass & Glazing 08401 Exterior Storefront 08401 Exterior Curtain Wall 08401 Fill Existing Tilt Up Wall Opening 08402 Storefront Doors 08402 Automatic Storefront Doors 08404 Aluminum break metal end wall cap @ storefront 08405 Glazing at Interior Doors/Frames 08830 Mirrors @ Restrooms 09000 09001 09220 09250 09251 09251 09251 09251 09258 09259 09260 09253 09255 09256 09257 09257 09257 09257 09258 09258 09256 09256 09300 09301 09302 09303 09510 09511 09512 09513 09513 09540 09541 09600 09602 09602 09602 09602 09602 09602 09602 FINISHES General Direct Labor Plaster - Lath, Scratch & Brown Gypsum Board Acoustical Caulk Densglass @ Lath & Plaster Metal Stud Framing Interior Fire Wall 28' Interior Walls Interior Walls - Short Interior Walls, 5/8" Interior Walls, 5/8" Short Walls Interior Columns First Floor , 5/8" Interior Walls, 5/8" - Furred at Tilt Up Ceilings , 5/8" Fire Stopping Head of Wall Ceramic Tile Floors Walls & Base, 4.5' H wainscot Back Splashes Acoustical Ceilings Acoustical Ceilings Interior Columns First Floor Interior Walls - Furred at Tilt Up Soffits / Floating Ceilings Hung Wall Bulkhead per detail 3/A8.32 Exterior Framing w/ Densglass Ceiling Framing - Hats Carpet #1 Carpet #2 Carpet #3 Carpet #4 Carpet #1A - Stairs LVT/VCT Linear Wood Ceilings Filzfelt Hanging Panels 4x8 Panels - Coffee Areas Acoustic Clouds - Zintra FRP Wall Panels Janitor Closets Flooring Rubber Base 09604 09605 09605 09670 09902 09900 09901 09902 09903 09990 09999 10000 10150 10150 10400 10400 10500 10522 10600 10800 11000 11450 11450 11450 11450 11450 11450 11450 11450 11450 12000 12491 12491 13000 13100 15000 15300 15400 15700 16000 16000 16001 16002 16003 16004 16006 16007 16008 16009 16100 16101 16102 16102 16103 Painting & Coatings, MDC Wallpaper Wallcoverings in select areas Paint Exterior Caulk Existing CMU Wall Joints (2 sides) Allowance for Arch'l Features / Finish Upgrades Finish Protection/Repairs/Touch-Ups Vapor Emission Control - B-blast & Mapei Sealer Floor Prep & Test Floor Skim & Level Polished Concrete Floors & Protect Sealed Concrete Floors Interior Signage - Wayfinding Towel Dispensers- Battery Operated @ Coffee Rooms Fire Extinguishers & Cabinets Exterior sign at SW entrance Toilet Accessories SPECIALTIES Toilet Partitions Urinal Screens Interior Signage - Code minimum, 1 Address Microwaves Dishwashers Ice Maker Coffee Makers Toaster Overn EQUIPMENT Appliances Refrigerators/ Freezer - Single Refrigerators - Double Refrigerators U/C Modular Interior Walls, Windows & Doors MECHANICAL Fire Protection FURNISHINGS Window Treatments - roller shades - manual Awnings New Fiber Line w/ Boring Lighting - Exterior Bldg New Fiber Conduit Low Voltage Fire Alarm Security Metal Detector Walk Thru - Garrett Magnascanner PD6500i Building Power Lighting HVAC + Plumbing Generator, 600 KVA UPS Electrical System Plumbing HVAC - VAV System ELECTRICAL Electrical Work SPECIAL CONSTRUCTION 16104 16107 16925 16990 Data/Telephone Sound Masking System - Archcoustics Privacy System Temporary Lighting BIM / Design-Assist Services Attachemnt F Table Calculation settings $37,000,000.00 7/1/2021 8.50% 19 12 7/1/2021 $327,614.88 $327,614.88 $37,000,000.00 1 $0.00 Payment Beginning Ending Cumulative No.Date Balance Interest Principal Balance Interest 1 7/1/2021 37,000,000.00 262,083.33 65,531.55 36,934,468.45 262,083.33 2 8/1/2021 36,934,468.45 261,619.15 65,995.73 36,868,472.72 523,702.48 3 9/1/2021 36,868,472.72 261,151.68 66,463.20 36,802,009.52 784,854.17 4 10/1/2021 36,802,009.52 260,680.90 66,933.98 36,735,075.53 1,045,535.07 5 11/1/2021 36,735,075.53 260,206.79 67,408.10 36,667,667.44 1,305,741.85 6 12/1/2021 36,667,667.44 259,729.31 67,885.57 36,599,781.86 1,565,471.16 7 1/1/2022 36,599,781.86 259,248.45 68,366.43 36,531,415.43 1,824,719.62 8 2/1/2022 36,531,415.43 258,764.19 68,850.69 36,462,564.74 2,083,483.81 9 3/1/2022 36,462,564.74 258,276.50 69,338.38 36,393,226.36 2,341,760.31 10 4/1/2022 36,393,226.36 257,785.35 69,829.53 36,323,396.83 2,599,545.66 11 5/1/2022 36,323,396.83 257,290.73 70,324.16 36,253,072.67 2,856,836.39 12 6/1/2022 36,253,072.67 256,792.60 70,822.29 36,182,250.39 3,113,628.99 13 7/1/2022 36,182,250.39 256,290.94 71,323.94 36,110,926.45 3,369,919.93 14 8/1/2022 36,110,926.45 255,785.73 71,829.15 36,039,097.29 3,625,705.66 15 9/1/2022 36,039,097.29 255,276.94 72,337.94 35,966,759.35 3,880,982.60 16 10/1/2022 35,966,759.35 254,764.55 72,850.34 35,893,909.01 4,135,747.14 17 11/1/2022 35,893,909.01 254,248.52 73,366.36 35,820,542.65 4,389,995.67 18 12/1/2022 35,820,542.65 253,728.84 73,886.04 35,746,656.61 4,643,724.51 19 1/1/2023 35,746,656.61 253,205.48 74,409.40 35,672,247.21 4,896,929.99 20 2/1/2023 35,672,247.21 252,678.42 74,936.47 35,597,310.74 5,149,608.41 21 3/1/2023 35,597,310.74 252,147.62 75,467.27 35,521,843.48 5,401,756.03 22 4/1/2023 35,521,843.48 251,613.06 76,001.83 35,445,841.65 5,653,369.09 23 5/1/2023 35,445,841.65 251,074.71 76,540.17 35,369,301.48 5,904,443.80 24 6/1/2023 35,369,301.48 250,532.55 77,082.33 35,292,219.15 6,154,976.35 LOAN DATA Annual interest rate The amortization Table at the bottom of this page calculates the following: principal, interest payments, ending balance, and cumulative interest.  To build your own Amortization Table, change the values in the Loan Information section below.  To print out your results, choose Print from the File menu. The print area is set to A1:G77.  The table is limited in the number of payment periods, You may wish to expand the table to fit your needs. Entered payment: Calculated paymen CALCULATIONS Yearly Pay Periods Use payment of: Due date of First p 1st payment in ta PERIODIC PAYME Amortization Calculator Beginning balance at payment 1: Cumulative interest prior to payment 1: The table uses the calculated periodic payment amount, or at payment number: Amortization Table starts at date: unless you enter a value for "Entered payment." Loan Information Amount of Loan: Term (Years): Page 1 Attachemnt F Payment Beginning Ending Cumulative No.Date Balance Interest Principal Balance Interest 25 7/1/2023 35,292,219.15 249,986.55 77,628.33 35,214,590.82 6,404,962.90 26 8/1/2023 35,214,590.82 249,436.68 78,178.20 35,136,412.62 6,654,399.59 27 9/1/2023 35,136,412.62 248,882.92 78,731.96 35,057,680.66 6,903,282.51 28 10/1/2023 35,057,680.66 248,325.24 79,289.65 34,978,391.02 7,151,607.75 29 11/1/2023 34,978,391.02 247,763.60 79,851.28 34,898,539.73 7,399,371.35 30 12/1/2023 34,898,539.73 247,197.99 80,416.89 34,818,122.84 7,646,569.34 31 1/1/2024 34,818,122.84 246,628.37 80,986.51 34,737,136.33 7,893,197.71 32 2/1/2024 34,737,136.33 246,054.72 81,560.17 34,655,576.16 8,139,252.43 33 3/1/2024 34,655,576.16 245,477.00 82,137.89 34,573,438.27 8,384,729.43 34 4/1/2024 34,573,438.27 244,895.19 82,719.70 34,490,718.58 8,629,624.61 35 5/1/2024 34,490,718.58 244,309.26 83,305.63 34,407,412.95 8,873,933.87 36 6/1/2024 34,407,412.95 243,719.18 83,895.71 34,323,517.24 9,117,653.05 37 7/1/2024 34,323,517.24 243,124.91 84,489.97 34,239,027.27 9,360,777.96 38 8/1/2024 34,239,027.27 242,526.44 85,088.44 34,153,938.83 9,603,304.40 39 9/1/2024 34,153,938.83 241,923.73 85,691.15 34,068,247.68 9,845,228.14 40 10/1/2024 34,068,247.68 241,316.75 86,298.13 33,981,949.56 10,086,544.89 41 11/1/2024 33,981,949.56 240,705.48 86,909.41 33,895,040.15 10,327,250.37 42 12/1/2024 33,895,040.15 240,089.87 87,525.02 33,807,515.13 10,567,340.23 43 1/1/2025 33,807,515.13 239,469.90 88,144.98 33,719,370.15 10,806,810.13 44 2/1/2025 33,719,370.15 238,845.54 88,769.34 33,630,600.80 11,045,655.67 45 3/1/2025 33,630,600.80 238,216.76 89,398.13 33,541,202.68 11,283,872.43 46 4/1/2025 33,541,202.68 237,583.52 90,031.36 33,451,171.31 11,521,455.95 47 5/1/2025 33,451,171.31 236,945.80 90,669.09 33,360,502.22 11,758,401.74 48 6/1/2025 33,360,502.22 236,303.56 91,311.33 33,269,190.90 11,994,705.30 49 7/1/2025 33,269,190.90 235,656.77 91,958.11 33,177,232.78 12,230,362.07 50 8/1/2025 33,177,232.78 235,005.40 92,609.48 33,084,623.30 12,465,367.47 51 9/1/2025 33,084,623.30 234,349.42 93,265.47 32,991,357.83 12,699,716.88 52 10/1/2025 32,991,357.83 233,688.78 93,926.10 32,897,431.73 12,933,405.67 53 11/1/2025 32,897,431.73 233,023.47 94,591.41 32,802,840.32 13,166,429.14 54 12/1/2025 32,802,840.32 232,353.45 95,261.43 32,707,578.89 13,398,782.59 55 1/1/2026 32,707,578.89 231,678.68 95,936.20 32,611,642.69 13,630,461.28 56 2/1/2026 32,611,642.69 230,999.14 96,615.75 32,515,026.95 13,861,460.41 57 3/1/2026 32,515,026.95 230,314.77 97,300.11 32,417,726.84 14,091,775.19 58 4/1/2026 32,417,726.84 229,625.57 97,989.32 32,319,737.52 14,321,400.75 59 5/1/2026 32,319,737.52 228,931.47 98,683.41 32,221,054.11 14,550,332.23 60 6/1/2026 32,221,054.11 228,232.47 99,382.42 32,121,671.69 14,778,564.69 61 7/1/2026 32,121,671.69 227,528.51 100,086.38 32,021,585.32 15,006,093.20 62 8/1/2026 32,021,585.32 226,819.56 100,795.32 31,920,790.00 15,232,912.76 63 9/1/2026 31,920,790.00 226,105.60 101,509.29 31,819,280.71 15,459,018.36 64 10/1/2026 31,819,280.71 225,386.57 102,228.31 31,717,052.40 15,684,404.93 65 11/1/2026 31,717,052.40 224,662.45 102,952.43 31,614,099.97 15,909,067.39 66 12/1/2026 31,614,099.97 223,933.21 103,681.68 31,510,418.29 16,133,000.59 67 1/1/2027 31,510,418.29 223,198.80 104,416.09 31,406,002.20 16,356,199.39 68 2/1/2027 31,406,002.20 222,459.18 105,155.70 31,300,846.50 16,578,658.57 69 3/1/2027 31,300,846.50 221,714.33 105,900.55 31,194,945.95 16,800,372.90 70 4/1/2027 31,194,945.95 220,964.20 106,650.68 31,088,295.27 17,021,337.10 71 5/1/2027 31,088,295.27 220,208.76 107,406.13 30,980,889.14 17,241,545.86 72 6/1/2027 30,980,889.14 219,447.96 108,166.92 30,872,722.22 17,460,993.83 73 7/1/2027 30,872,722.22 218,681.78 108,933.10 30,763,789.12 17,679,675.61 74 8/1/2027 30,763,789.12 217,910.17 109,704.71 30,654,084.41 17,897,585.78 75 9/1/2027 30,654,084.41 217,133.10 110,481.79 30,543,602.63 18,114,718.88 76 10/1/2027 30,543,602.63 216,350.52 111,264.36 30,432,338.26 18,331,069.40 77 11/1/2027 30,432,338.26 215,562.40 112,052.49 30,320,285.77 18,546,631.79 Page 2 Attachemnt F Payment Beginning Ending Cumulative No.Date Balance Interest Principal Balance Interest 78 12/1/2027 30,320,285.77 214,768.69 112,846.19 30,207,439.58 18,761,400.48 79 1/1/2028 30,207,439.58 213,969.36 113,645.52 30,093,794.06 18,975,369.85 80 2/1/2028 30,093,794.06 213,164.37 114,450.51 29,979,343.55 19,188,534.22 81 3/1/2028 29,979,343.55 212,353.68 115,261.20 29,864,082.35 19,400,887.91 82 4/1/2028 29,864,082.35 211,537.25 116,077.63 29,748,004.72 19,612,425.16 83 5/1/2028 29,748,004.72 210,715.03 116,899.85 29,631,104.87 19,823,140.19 84 6/1/2028 29,631,104.87 209,886.99 117,727.89 29,513,376.98 20,033,027.18 85 7/1/2028 29,513,376.98 209,053.09 118,561.80 29,394,815.18 20,242,080.27 86 8/1/2028 29,394,815.18 208,213.27 119,401.61 29,275,413.57 20,450,293.54 87 9/1/2028 29,275,413.57 207,367.51 120,247.37 29,155,166.20 20,657,661.06 88 10/1/2028 29,155,166.20 206,515.76 121,099.12 29,034,067.08 20,864,176.82 89 11/1/2028 29,034,067.08 205,657.98 121,956.91 28,912,110.17 21,069,834.79 90 12/1/2028 28,912,110.17 204,794.11 122,820.77 28,789,289.40 21,274,628.91 91 1/1/2029 28,789,289.40 203,924.13 123,690.75 28,665,598.65 21,478,553.04 92 2/1/2029 28,665,598.65 203,047.99 124,566.89 28,541,031.76 21,681,601.03 93 3/1/2029 28,541,031.76 202,165.64 125,449.24 28,415,582.52 21,883,766.67 94 4/1/2029 28,415,582.52 201,277.04 126,337.84 28,289,244.68 22,085,043.71 95 5/1/2029 28,289,244.68 200,382.15 127,232.73 28,162,011.94 22,285,425.86 96 6/1/2029 28,162,011.94 199,480.92 128,133.97 28,033,877.98 22,484,906.78 97 7/1/2029 28,033,877.98 198,573.30 129,041.58 27,904,836.40 22,683,480.08 98 8/1/2029 27,904,836.40 197,659.26 129,955.63 27,774,880.77 22,881,139.34 99 9/1/2029 27,774,880.77 196,738.74 130,876.14 27,644,004.63 23,077,878.08 100 10/1/2029 27,644,004.63 195,811.70 131,803.18 27,512,201.44 23,273,689.78 101 11/1/2029 27,512,201.44 194,878.09 132,736.79 27,379,464.65 23,468,567.87 102 12/1/2029 27,379,464.65 193,937.87 133,677.01 27,245,787.64 23,662,505.75 103 1/1/2030 27,245,787.64 192,991.00 134,623.89 27,111,163.76 23,855,496.74 104 2/1/2030 27,111,163.76 192,037.41 135,577.47 26,975,586.28 24,047,534.15 105 3/1/2030 26,975,586.28 191,077.07 136,537.81 26,839,048.47 24,238,611.22 106 4/1/2030 26,839,048.47 190,109.93 137,504.96 26,701,543.51 24,428,721.15 107 5/1/2030 26,701,543.51 189,135.93 138,478.95 26,563,064.56 24,617,857.08 108 6/1/2030 26,563,064.56 188,155.04 139,459.84 26,423,604.72 24,806,012.12 109 7/1/2030 26,423,604.72 187,167.20 140,447.68 26,283,157.04 24,993,179.32 110 8/1/2030 26,283,157.04 186,172.36 141,442.52 26,141,714.52 25,179,351.69 111 9/1/2030 26,141,714.52 185,170.48 142,444.41 25,999,270.11 25,364,522.17 112 10/1/2030 25,999,270.11 184,161.50 143,453.39 25,855,816.72 25,548,683.66 113 11/1/2030 25,855,816.72 183,145.37 144,469.51 25,711,347.21 25,731,829.03 114 12/1/2030 25,711,347.21 182,122.04 145,492.84 25,565,854.37 25,913,951.07 115 1/1/2031 25,565,854.37 181,091.47 146,523.41 25,419,330.95 26,095,042.54 116 2/1/2031 25,419,330.95 180,053.59 147,561.29 25,271,769.66 26,275,096.14 117 3/1/2031 25,271,769.66 179,008.37 148,606.51 25,123,163.15 26,454,104.50 118 4/1/2031 25,123,163.15 177,955.74 149,659.14 24,973,504.00 26,632,060.24 119 5/1/2031 24,973,504.00 176,895.65 150,719.23 24,822,784.77 26,808,955.90 120 6/1/2031 24,822,784.77 175,828.06 151,786.82 24,670,997.95 26,984,783.96 121 7/1/2031 24,670,997.95 174,752.90 152,861.98 24,518,135.97 27,159,536.86 122 8/1/2031 24,518,135.97 173,670.13 153,944.75 24,364,191.22 27,333,206.99 123 9/1/2031 24,364,191.22 172,579.69 155,035.20 24,209,156.02 27,505,786.67 124 10/1/2031 24,209,156.02 171,481.52 156,133.36 24,053,022.66 27,677,268.20 125 11/1/2031 24,053,022.66 170,375.58 157,239.31 23,895,783.35 27,847,643.77 126 12/1/2031 23,895,783.35 169,261.80 158,353.08 23,737,430.27 28,016,905.57 127 1/1/2032 23,737,430.27 168,140.13 159,474.75 23,577,955.51 28,185,045.70 128 2/1/2032 23,577,955.51 167,010.52 160,604.37 23,417,351.15 28,352,056.22 129 3/1/2032 23,417,351.15 165,872.90 161,741.98 23,255,609.17 28,517,929.13 130 4/1/2032 23,255,609.17 164,727.23 162,887.65 23,092,721.52 28,682,656.36 131 5/1/2032 23,092,721.52 163,573.44 164,041.44 22,928,680.08 28,846,229.80 Page 3 Attachemnt F Payment Beginning Ending Cumulative No.Date Balance Interest Principal Balance Interest 132 6/1/2032 22,928,680.08 162,411.48 165,203.40 22,763,476.68 29,008,641.29 133 7/1/2032 22,763,476.68 161,241.29 166,373.59 22,597,103.09 29,169,882.58 134 8/1/2032 22,597,103.09 160,062.81 167,552.07 22,429,551.02 29,329,945.39 135 9/1/2032 22,429,551.02 158,875.99 168,738.90 22,260,812.12 29,488,821.38 136 10/1/2032 22,260,812.12 157,680.75 169,934.13 22,090,877.99 29,646,502.13 137 11/1/2032 22,090,877.99 156,477.05 171,137.83 21,919,740.16 29,802,979.18 138 12/1/2032 21,919,740.16 155,264.83 172,350.06 21,747,390.10 29,958,244.01 139 1/1/2033 21,747,390.10 154,044.01 173,570.87 21,573,819.23 30,112,288.02 140 2/1/2033 21,573,819.23 152,814.55 174,800.33 21,399,018.90 30,265,102.58 141 3/1/2033 21,399,018.90 151,576.38 176,038.50 21,222,980.40 30,416,678.96 142 4/1/2033 21,222,980.40 150,329.44 177,285.44 21,045,694.96 30,567,008.40 143 5/1/2033 21,045,694.96 149,073.67 178,541.21 20,867,153.75 30,716,082.08 144 6/1/2033 20,867,153.75 147,809.01 179,805.88 20,687,347.88 30,863,891.08 145 7/1/2033 20,687,347.88 146,535.38 181,079.50 20,506,268.37 31,010,426.46 146 8/1/2033 20,506,268.37 145,252.73 182,362.15 20,323,906.22 31,155,679.20 147 9/1/2033 20,323,906.22 143,961.00 183,653.88 20,140,252.34 31,299,640.20 148 10/1/2033 20,140,252.34 142,660.12 184,954.76 19,955,297.58 31,442,300.32 149 11/1/2033 19,955,297.58 141,350.02 186,264.86 19,769,032.72 31,583,650.35 150 12/1/2033 19,769,032.72 140,030.65 187,584.23 19,581,448.49 31,723,680.99 151 1/1/2034 19,581,448.49 138,701.93 188,912.96 19,392,535.53 31,862,382.92 152 2/1/2034 19,392,535.53 137,363.79 190,251.09 19,202,284.44 31,999,746.71 153 3/1/2034 19,202,284.44 136,016.18 191,598.70 19,010,685.74 32,135,762.90 154 4/1/2034 19,010,685.74 134,659.02 192,955.86 18,817,729.88 32,270,421.92 155 5/1/2034 18,817,729.88 133,292.25 194,322.63 18,623,407.25 32,403,714.17 156 6/1/2034 18,623,407.25 131,915.80 195,699.08 18,427,708.17 32,535,629.97 157 7/1/2034 18,427,708.17 130,529.60 197,085.28 18,230,622.88 32,666,159.57 158 8/1/2034 18,230,622.88 129,133.58 198,481.30 18,032,141.58 32,795,293.15 159 9/1/2034 18,032,141.58 127,727.67 199,887.21 17,832,254.36 32,923,020.82 160 10/1/2034 17,832,254.36 126,311.80 201,303.08 17,630,951.28 33,049,332.62 161 11/1/2034 17,630,951.28 124,885.90 202,728.98 17,428,222.30 33,174,218.53 162 12/1/2034 17,428,222.30 123,449.91 204,164.98 17,224,057.33 33,297,668.44 163 1/1/2035 17,224,057.33 122,003.74 205,611.14 17,018,446.19 33,419,672.18 164 2/1/2035 17,018,446.19 120,547.33 207,067.56 16,811,378.63 33,540,219.50 165 3/1/2035 16,811,378.63 119,080.60 208,534.28 16,602,844.34 33,659,300.10 166 4/1/2035 16,602,844.34 117,603.48 210,011.40 16,392,832.94 33,776,903.58 167 5/1/2035 16,392,832.94 116,115.90 211,498.98 16,181,333.96 33,893,019.48 168 6/1/2035 16,181,333.96 114,617.78 212,997.10 15,968,336.86 34,007,637.26 169 7/1/2035 15,968,336.86 113,109.05 214,505.83 15,753,831.03 34,120,746.32 170 8/1/2035 15,753,831.03 111,589.64 216,025.25 15,537,805.78 34,232,335.95 171 9/1/2035 15,537,805.78 110,059.46 217,555.43 15,320,250.35 34,342,395.41 172 10/1/2035 15,320,250.35 108,518.44 219,096.44 15,101,153.91 34,450,913.85 173 11/1/2035 15,101,153.91 106,966.51 220,648.38 14,880,505.53 34,557,880.36 174 12/1/2035 14,880,505.53 105,403.58 222,211.30 14,658,294.23 34,663,283.94 175 1/1/2036 14,658,294.23 103,829.58 223,785.30 14,434,508.93 34,767,113.52 176 2/1/2036 14,434,508.93 102,244.44 225,370.45 14,209,138.49 34,869,357.96 177 3/1/2036 14,209,138.49 100,648.06 226,966.82 13,982,171.67 34,970,006.03 178 4/1/2036 13,982,171.67 99,040.38 228,574.50 13,753,597.17 35,069,046.41 179 5/1/2036 13,753,597.17 97,421.31 230,193.57 13,523,403.60 35,166,467.72 180 6/1/2036 13,523,403.60 95,790.78 231,824.11 13,291,579.49 35,262,258.50 181 7/1/2036 13,291,579.49 94,148.69 233,466.20 13,058,113.29 35,356,407.19 182 8/1/2036 13,058,113.29 92,494.97 235,119.91 12,822,993.38 35,448,902.15 183 9/1/2036 12,822,993.38 90,829.54 236,785.35 12,586,208.03 35,539,731.69 184 10/1/2036 12,586,208.03 89,152.31 238,462.58 12,347,745.46 35,628,884.00 Page 4 Attachemnt F Payment Beginning Ending Cumulative No.Date Balance Interest Principal Balance Interest 185 11/1/2036 12,347,745.46 87,463.20 240,151.69 12,107,593.77 35,716,347.19 186 12/1/2036 12,107,593.77 85,762.12 241,852.76 11,865,741.01 35,802,109.32 187 1/1/2037 11,865,741.01 84,049.00 243,565.88 11,622,175.12 35,886,158.32 188 2/1/2037 11,622,175.12 82,323.74 245,291.14 11,376,883.98 35,968,482.06 189 3/1/2037 11,376,883.98 80,586.26 247,028.62 11,129,855.36 36,049,068.32 190 4/1/2037 11,129,855.36 78,836.48 248,778.41 10,881,076.95 36,127,904.79 191 5/1/2037 10,881,076.95 77,074.30 250,540.59 10,630,536.36 36,204,979.09 192 6/1/2037 10,630,536.36 75,299.63 252,315.25 10,378,221.11 36,280,278.72 193 7/1/2037 10,378,221.11 73,512.40 254,102.48 10,124,118.63 36,353,791.12 194 8/1/2037 10,124,118.63 71,712.51 255,902.38 9,868,216.25 36,425,503.63 195 9/1/2037 9,868,216.25 69,899.87 257,715.02 9,610,501.23 36,495,403.49 196 10/1/2037 9,610,501.23 68,074.38 259,540.50 9,350,960.73 36,563,477.88 197 11/1/2037 9,350,960.73 66,235.97 261,378.91 9,089,581.82 36,629,713.85 198 12/1/2037 9,089,581.82 64,384.54 263,230.35 8,826,351.48 36,694,098.39 199 1/1/2038 8,826,351.48 62,519.99 265,094.89 8,561,256.58 36,756,618.38 200 2/1/2038 8,561,256.58 60,642.23 266,972.65 8,294,283.93 36,817,260.61 201 3/1/2038 8,294,283.93 58,751.18 268,863.71 8,025,420.23 36,876,011.79 202 4/1/2038 8,025,420.23 56,846.73 270,768.16 7,754,652.07 36,932,858.51 203 5/1/2038 7,754,652.07 54,928.79 272,686.10 7,481,965.97 36,987,787.30 204 6/1/2038 7,481,965.97 52,997.26 274,617.62 7,207,348.35 37,040,784.56 205 7/1/2038 7,207,348.35 51,052.05 276,562.83 6,930,785.52 37,091,836.61 206 8/1/2038 6,930,785.52 49,093.06 278,521.82 6,652,263.70 37,140,929.67 207 9/1/2038 6,652,263.70 47,120.20 280,494.68 6,371,769.02 37,188,049.88 208 10/1/2038 6,371,769.02 45,133.36 282,481.52 6,089,287.50 37,233,183.24 209 11/1/2038 6,089,287.50 43,132.45 284,482.43 5,804,805.07 37,276,315.69 210 12/1/2038 5,804,805.07 41,117.37 286,497.51 5,518,307.55 37,317,433.06 211 1/1/2039 5,518,307.55 39,088.01 288,526.87 5,229,780.68 37,356,521.07 212 2/1/2039 5,229,780.68 37,044.28 290,570.60 4,939,210.08 37,393,565.35 213 3/1/2039 4,939,210.08 34,986.07 292,628.81 4,646,581.27 37,428,551.42 214 4/1/2039 4,646,581.27 32,913.28 294,701.60 4,351,879.67 37,461,464.71 215 5/1/2039 4,351,879.67 30,825.81 296,789.07 4,055,090.60 37,492,290.52 216 6/1/2039 4,055,090.60 28,723.56 298,891.32 3,756,199.27 37,521,014.08 217 7/1/2039 3,756,199.27 26,606.41 301,008.47 3,455,190.80 37,547,620.49 218 8/1/2039 3,455,190.80 24,474.27 303,140.62 3,152,050.18 37,572,094.76 219 9/1/2039 3,152,050.18 22,327.02 305,287.86 2,846,762.32 37,594,421.78 220 10/1/2039 2,846,762.32 20,164.57 307,450.32 2,539,312.01 37,614,586.35 221 11/1/2039 2,539,312.01 17,986.79 309,628.09 2,229,683.92 37,632,573.14 222 12/1/2039 2,229,683.92 15,793.59 311,821.29 1,917,862.63 37,648,366.74 223 1/1/2040 1,917,862.63 13,584.86 314,030.02 1,603,832.60 37,661,951.60 224 2/1/2040 1,603,832.60 11,360.48 316,254.40 1,287,578.20 37,673,312.08 225 3/1/2040 1,287,578.20 9,120.35 318,494.54 969,083.66 37,682,432.42 226 4/1/2040 969,083.66 6,864.34 320,750.54 648,333.12 37,689,296.77 227 5/1/2040 648,333.12 4,592.36 323,022.52 325,310.60 37,693,889.13 228 6/1/2040 325,310.60 2,304.28 325,310.60 0.00 37,696,193.41 Page 5