HomeMy WebLinkAboutFresno Economic Opportunities Commission Building Lease -7-1-23 DocuSign Envelope ID:04AAAE9C-4917-4080-B7D1-7030B10AFE8F
Fresno EOC—Executive Plaza Lease—City of Fresno
FRESNO ECONOMIC OPPORTUNITIES COMMISSION
(Fresno EOC) BUILDING LEASE 1900 MARIPOSA AVE., SUITE # 121
THIS AGREEMENT (this "Agreement" or "Lease") is entered into at Fresno, California, effective July 1,
2023, by and between the FRESNO ECONOMIC OPPORTUNITIES COMMISSION (hereinafter referred
to as "LESSOR"), and CITY OF FRESNO (hereinafter referred to as "LESSEE"). Both LESSOR and
LESSEE may be referred to individually as a "Party", or collectively as "Parties."
It is the intention of the Parties that this Lease shall be considered a "Modified Gross Lease." In addition to
the Base Rent, as defined in Paragraph 4 herein, the LESSEE shall be obligated to pay the operating
expenses that include corresponding percentage of utilities, security, parking, cleaning, garbage removal,
and interior maintenance based on the square footage of the Premise(s) leased. LESSOR shall include
maintenance of all major systems such as heating, plumbing and electrical, and exterior maintenance
expenses in the base rent. In addition, monthly parking lot fee for four (4) parking lot passes will be added
to base rent.
1. LESSOR agrees to lease to LESSEE One Thousand Six Hundred Sixty-Six (1,666) square feet of
office space and Eight Hundred Thirty-Seven (837) square feet of conference space, at a monthly rate of
One and 10/100 Dollars ($1.10) per square foot. The monthly conference space rental rate will decrease
by 50% as space must be shared with LESSOR. In addition to base rent operating expenses based on 2019
actual expenses will be paid by LESSEE at sixty-one cents ($.61) per square foot. See Attachment A for
details. The space is a portion of LESSOR's Executive Plaza, located at 1900 Mariposa Ave. Suite # 121,
Fresno, CA 93721 (the "Premises"). Four (4) general parking spaces in the Executive Parking Lot will also
be let to the LESSEE.
2. TERM
The term of the LEASE begins on July 1, 2023, and ends June 30, 2024 (the "Initial Term"). A new lease
agreement will be drafted once this term is complete.
Lease Year - $2,643.88 per month plus monthly operating expenses. See Attachment A for operating
expense detail.
3. KEYS
LESSEE will be provided with (4) four keys that provide access to the Premises and the outer gate.
LESSEE will be provided with four (4) parking passes and gate keys to access the Executive Parking Lot.
If keys are lost, damaged, or not returned to LESSOR, LESSEE will reimburse LESSOR for replacement
cost of the items.
4. PARKING
LESSEE will provide 4 general parking passes valid for use in Executive Plaza parking lot only. These
passes are not valid for "RESERVED PARKING" spaces in Executive Plaza parking lot. General monthly
parking space rental is $60.00/space. 4 general parking spaces will be assigned. Total monthly parking lot
rental is $240.00.
5. RENT
The Base Rent shall be a total amount of Two Thousand Six Hundred Forty-Three and 88/100 Dollars
($2,643.88) per month and will be due in full on the first (1st) day of each month. A new lease agreement
shall be established once the Lease Year has been completed as provided under Paragraph 2. The
LESSEE shall pay this amount to the Accounts Payable Department of LESSOR at 1920 Mariposa St. #
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Fresno EOC—Executive Plaza Lease—City of Fresno
330, Fresno, CA 93721. If rental amount is paid more than twenty (20) days late, LESSEE will pay LESSOR
a late fee of One Hundred and No/100 Dollars 0$100.001 in addition to rent dice. Failure to pay rent due
within sixty (60) days of the date rent is due will result in immediate termination of this agreement.
LESSEE will be responsible for filing and attorney fees in case of eviction. In addition to the Base Rent,
LESSEE shall pay for a percentage of operating expenses for the Premises, including utilities, security,
cleaning, garbage removal, and interior maintenance based on the square footage of the leased premises.
6. INSURANCE
LESSOR insurance does not cover loss of personal possessions or personal injury due to the actions or
inactions of the LESSEE. LESSEE will provide proof of insurance to LESSOR prior to occupancy of the
Premises. Each Party, at its own expense, shall obtain and maintain in force during the term of this
Agreement comprehensive general liability insurance coverage in an amount not less than $2,000,000 per
occurrence and an annual aggregate of$4,000,000 for bodily injury, property damage, and personal injury
arising out of its alleged or actual omission, act or negligence in the performance or failure to perform its
obligations under this Agreement. Neither the existence of any of the insurance coverages required under
this Agreement, nor the minimum coverage limits specified herein with respect to any such coverages, shall
be deemed to limit or restrict in any way a Party's liability arising under this Agreement.
7. ASSIGNMENT AND SUBLETTING
LESSEE may not assign or sublet all or any portion of the Suite. All guests and occupants of the Suite must
comply with every term of this Lease.
8. DELAYED or INTERRUPTED OCCUPANCY
If occupancy of the Premises is delayed or interrupted by LESSOR, rent due will be adjusted per diem for
the time lost. If occupancy of the Premises is delayed or interrupted by LESSEE, rent due will not change.
Delays and interruption terms may be changed by written addendum to this Lease if signed by authorized
signers from both Parties.
9. CONDITION OF THE PREMISES AND ALTERATIONS
LESSEE acceptance of the Premises, fixtures, and furniture as is, is assumed unless notification of an
unaccepted condition is submitted in writing within thirty (30) days of first occupancy. LESSEE must note
all defects or damage and deliver to the LESSEE Finance Office, located at 1920 Mariposa Ave., Suite
#330, Fresno, CA. Any alterations to the Premises, by LESSEE, must be returned to move in condition
upon surrender, termination, or eviction, at the expense of the LESSEE.
LEASEHOLD IMPROVEMENTS: The Lessee agrees that no leasehold improvements, alterations or
changes of any nature, shall be made to the leasehold premises or the exterior of the building without first
obtaining the consent of the Lessor in writing, which consent shall not be unreasonably withheld, and
thereafter, any and all leasehold improvements made to the Premises which become affixed or attached to
the leasehold Premises shall remain the property of the Lessor at the expiration or termination of this Lease
Agreement. Furthermore, any leasehold improvements shall be made only in accordance with applicable
federal, state or local codes, ordinances or regulations, having due regard for the type of construction of
the building housing the subject leasehold Premises. If the Lessee makes any improvements to the
Premises the Lessee shall be responsible for payment.
10. COMMUNITY RULES
LESSEE, all guests, and occupants must comply with any written Community rules, regulations and policies,
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Fresno EOC—Executive Plaza Lease—City of Fresno
including parking procedures and policies. Parking Guidance is attached as Exhibit 1. LESSOR may make
reasonable changes to written rules, effective immediately, if they are distributed and applicable to all
Premises in the Community and do not increase rent due. LESSEE agrees to keep all passageways and
common areas free of obstructions such as trash, storage items, and all forms of personal property.
LESSEE must maintain the Premises free from clutter or any other condition which may restrict air flow,
encourage mold growth, invite pests, create a fire hazard, or otherwise degrades the habitability and proper
maintenance of the dwelling.
11. ENVIRONMENTAL TOBACCO SMOKE LAW
LESSEE must comply with Public Law 103-227, Part C- Environmental Tobacco Smoke, also known as the
Pro-Children Act of 1994 (the "1994 Act"). The 1994 Act requires that smoking not be permitted in any
portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for
the provision of health, day care, education, or library services to children under the age of eighteen (18), if
the services are funded by Federal programs either directly or through State and local governments.
Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The
law does not apply to children's services provided in private residences, facilities funded solely by Medicare
or Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment.
12. REQUESTS, REPAIRS, AND MALFUNCTIONS
All requests for repairs, installations, services, or security-related matters must be sent by LESSEE using
email to the Facilities Department at farm_ mt -.fresnoeoc.orq except in the case of emergencies. In case
of emergencies such as; fire, smoke, gas, explosion, or crime in progress call 911, then contact Facilities.
In case of overflowing sewage, uncontrollable running water, electrical shorts, call the Facilities Department
at (559) 263-1207, during normal business hours. If after business hours, please contact Jenell Rico at
(559) 360-2231. LESSOR complying with or responding to any oral request regarding security or non-
security matters does not waive the strict requirement for written notices under this Lease. LESSEE must
promptly notify LESSOR in writing of water leaks; electrical problems; malfunctioning lights; broken or
missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LESSOR
may change or install utility lines or equipment serving the Premises if the work is done reasonably without
substantially increasing LESSEE'S utility costs. Upon reasonable notice to LESSEE, LESSOR may turn off
equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities
malfunction or are damaged by fire, water, or similar cause, LESSEE must notify LESSOR immediately. If
air conditioning or other equipment malfunctions, LESSEE must notify LESSOR as soon as possible on a
business day.
13. QUIET ENJOYMENT/WHEN LESSOR MAY ENTER
Upon payment by LESSEE of rent and other charges under this Lease, LESSEE shall have quiet enjoyment
of the premises for the term as against all persons or entities claiming by, through or under LESSOR,
subject to the terms of this Lease. LESSOR will have the right to enter the premises as allowed by law.
Law permits entry in case of emergency, or upon reasonable notice to make necessary or agreed repairs,
decorations, alterations, or improvements, supply necessary or agreed services, to test smoke and carbon
monoxide detectors, or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants,
workmen or contractors or to make an inspection, when the LESSEE has abandoned or surrendered the
premises and pursuant to court order. LESSEE shall cooperate to facilitate the detection and treatment of
pests.
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Docusign Envelope ID:04AAAE9C-4917-4080-B7D1-7030B10AFEBF
Fresno EOC—Executive Plaza Lease—City of Fresno
14. MOVE OUT
LESSEE will meet with LESSOR for a move-out inspection. LESSEE must return the Premises in
comparable condition to move in condition, adjusting for reasonable wear and tear.
15. STORAGE AFTER SURRENDER, ABANDONMENT OR EVICTION
Property left by LESSEE in the Premises or in common areas for more than thirty (30) days after surrender,
abandonment, or eviction will be removed at the expense of the LESSEE.
16. INDEMNIFICATION
Subject to applicable law, LESSEE shall indemnify and hold the LESSOR, its agents, and employees,
harmless against all claims, expenses, damages, actions, and liabilities of whatever nature, including
reasonable attorney's fees, arising from or relating to injury, loss or damage relating to LESSEE guest's or
occupant's negligence, tenancy and/or your failure to comply with this Lease.
17. SEVERABILITY
If any provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or
invalidated in any way.
18. JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the State of California.
19. LEGAL FEES
Should litigation or arbitration be required to enforce the terms of this Agreement, the prevailing party shall
be entitled to expenses incurred thereby, including but not limited to reasonable attorney's fees and court
costs.
20. NO AUTHORITY TO AMEND UNLESS IN WRITING LESSOR representatives (including
management personnel, employees, and agents) have no authority to waive, amend, or terminate this
Lease or any part of it, unless in writing, and no authority to make promises, representations, or agreements
that impose security duties or other obligations on LESSOR or our representatives unless in writing and
executed by legal representatives of both parties.
21. NO WAIVER
No action or omission of LESSOR representative will be considered a waiver of any subsequent violation,
default, or time or place of performance. LESSOR not enforcing or belatedly enforcing written-notice
requirements, rental due dates, liens, or other rights does not constitute a waiver of written terms under
any circumstances.
22. NOTICE
Except when notice or demand is required by statute, LESSEE waives any notice and demand for
performance from LESSOR, if LESSEE default. Written notice to or from LESSEE managers constitutes
notice to or from LESSOR. Any person giving notice under this Lease should retain a copy of the memo or
letter that was given. Fax and electronic signatures are binding. All notices must be signed St. Suite 330,
Fresno, CA 93727. Attn: Facilities and Procurement.
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Fresno EOC—Executive Plaza Lease—City of Fresno
23. MISCELLANEOUS
Exercising one remedy won't constitute an election or waiver of other remedies.
Unless prohibited by law or the respective insurance policies, insurance subrogation is waived by all Parties.
All remedies are cumulative.
24. FORCE MAJEURE
If LESSOR is prevented from completing performances of any obligations hereunder by an act of God,
strikes, epidemics, war, acts of terrorism, riots, flood, fire, hurricane, tornado, sabotage, or other occurrence
which is beyond the control of the parties, then we shall be excused from any further performance of
obligations and undertakings hereunder, to the full extent allowed under applicable law. Furthermore, if
such an event damages the property to materially affect its habitability by some or all LESSEES, LESSOR
reserves the right to vacate any and all leases and LESSEE agrees to excuse LESSOR from any further
performance of obligations and undertakings hereunder, to the full extent allowed under applicable law.
25. ENTIRE AGREEMENT
Neither LESSOR nor any of representatives of LESSOR have made any oral promises, representations, or
agreements. This Lease is the entire agreement between LESSOR and LESSEE.
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and
year first above written.
[SIGNATURES FOLLOW ON NEXT PAGE.]
EP and KLW 20211104
DocuSign Envelope ID:04AAAE9C-4917-4080-B7D1-7030B10AFEBF
Fresno EOC—Executive Plaza Lease—City of Fresno
LESSEE LESSOR
CITY OF FRESNO, FRESNO ECONOMIC OPPORTUNITIES
A California municipal corporation COMMISSION
DocuSlgnep by:
8/28/2023 A California nonprofit corporation
By. 0�� �s
G eo?d��"�i��ig A. White By:
City Manager
Name: Emilia Reyes
APPROVED AS TO FORM: Title: Chief Executive Officer
ANDREW JANZ � r'a���Y
D co
City Attorney By: Charles L Garabedieri ir.(Aug:S.Z023 ia:if rD T.
By: _ F 8/22/2023 Name: Charles Garabedian
Angela M, arst Date
Senior Deputy City Attorney Title: Chief Financial Officer
(If corporation or LLC., CFO, Treasurer,
ATTEST: Secretary or Assistant Secretary)
TODD STERMER, CMC
City Clerk REVIEWED BY:
By: FDocuSigned by:
lv, , q6w 8/29/2023
Depuy0009t Date
Addresses:
City of Fresno General Services Fresno Economic Opportunities
Department Commission: Emilia Reyes
Attention: Brian Barr Chief Executive Officer
Director 1920 Mariposa Avenue
2101 G Street, Bldg A Fresno, CA 93721
Fresno, CA 93706 Phone: 559.263.1010
Phone: (559) 621-1418 E-mail:Emilia.Reyes@fresnoeoc.org
E-mail: Brian.Barr@fresno.gov
Attachments: Attachment A
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DocuSign Envelope ID:04AAAE9C-4917-4080-B7D1-7030B10AFE8F
Fresno EOC—Executive Plaza Lease—City of Fresno
Attachment A
Fresno EOC Executive Plaza Operational 2019
Expenses
Expense Annual Monthly per sq. per sq.ft. City 2085 sq. City 2085 sq.
ft. Monthly ft.space ft. space
Annual Annual Monthly
Operations Operations
Cost Cost
Gas/Electric $324,217.55 $27,018.13 $3.43 $0.28 $7,151.55 $604.65
Security $89,078.97 $7,423.25 $0.94 $0.08 $1,959.90 $166.80
Janitorial $114,762.25 $9,563.52 $1.21 $0.10 $2,522.85 $208.50
Water/Sewer/Garbage $17,774.56 $1,481.21 $0.19 $0.02 $396.15 $41.70
Building Maintenance $147,958.36 $12,329.86 $1.57 $0.13 $3,273.45 $271.05
Pest Control $1,800.00 $150.00 $0.02 $0.00 $41.70 $3.48
$0.61 $15,345.60 $1,296.18
*contract doesn't allow charge for landscape/yard
maintenance
*contract does not include telephone and
internet
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