Legislation Details

File #: 11701   
Type: Consent Status: Passed
File created: 2/13/2025 Department: Real Estate Services
On agenda: 2/25/2025 Final action: 2/25/2025
Subject: Lease Amendment with Martha Mary Green-Whitney Revocable Trust, September 18, 2024, for Office Space in Forest Falls
Attachments: 1. CON-RESD-SBCSD-022525-Lease Amd w Green-Whitney Trust 07-596 A5, 2. Item #36 Executed BAI, 3. 7-596 A-5 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

February 25, 2025

 

FROM

TERRY W. THOMPSON, Director, Real Estate Services Department

SHANNON D. DICUS, Sheriff/Coroner/Public Administrator          

 

SUBJECT                      

Title                     

Lease Amendment with Martha Mary Green-Whitney Revocable Trust, September 18, 2024, for Office Space in Forest Falls

End

 

RECOMMENDATION(S)

Recommendation

1.                     Find that approval of Amendment No. 5 to Lease Agreement No. 07-596 with Martha Mary Green-Whitney Revocable Trust, September 18, 2024, for office space, is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class I). 

2.                     Approve the Real Estate Services Department’s use of an alternative procedure in lieu of a Formal Request for Proposals, as allowed per County Policy 12-02; Leasing Privately Owned Real Property for County Use, to reflect a change of property ownership and an assignment of Lease Agreement No. 07-596 from the Green-Whitney Family Living Trust, U/A dated October 25, 2012, to the Martha Mary Green-Whitney Revocable Trust, September 18, 2024, and extend the term by three years, for the period of March 1, 2025, through February 29, 2028, following a permitted 26-month holdover for the period of January 1, 2023, through February 28, 2025, and add one three-year option to extend the term for the continued use of approximately 913 square feet of office space, located at 41003 Valley of the Falls Drive, Units A & B in Forest Falls, for the Sheriff/Coroner/Public Administrator.

3.                     Approve Amendment No. 5 to Lease Agreement No. 07-596 to reflect a change of property ownership and an assignment of the lease from the Green-Whitney Family Living Trust, U/A dated October 25, 2012, to the Martha Mary Green-Whitney Revocable Trust, September 18, 2024, and to extend the lease term by three years, for the period of March 1, 2025, through February 29, 2028, following a permitted 26-month holdover for the period of January 1, 2023, through February 28, 2025, and add one three-year option to extend the term for the continued use of approximately 913 square feet of office space, located at 41003 Valley of the Falls Drive, Units A & B in Forest Falls, for the Sheriff/Coroner/Public Administrator, in the amount of $80,240, including the holdover amount of $29,432, for a new total contract amount of $264,416.

4.                     Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.

(Presenter: Terry W. Thompson, Director, 387-5000)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally Responsible and Business-Like Manner.

Provide for the Safety, Health, and Social Service Needs of County Residents.

 

FINANCIAL IMPACT

Approval of Amendment No. 5 (Amendment) to Lease Agreement No. 07-596 (Lease) will not result in the use of additional Discretionary General Funding (Net County Cost).  The total cost of this three-year Amendment totals $80,240, including a 26-month holdover for the period of January 1, 2023, through February 28, 2025.  Lease payments will be made from the Real Estate Services Department (RESD) Rents budget (7810001000) and reimbursed from the Sheriff/Coroner/Public Administrator’s (Sheriff) budget (4430001000).  Other costs associated with this Lease include custodial, electricity, and propane gas expenses, which will be paid from the Sheriff's budget.  Sufficient appropriation is included in both the RESD and Sheriff’s 2024-25 budgets and will be included in future recommended budgets.  Annual lease costs are as follows:

 

Year

Annual Lease Cost

Estimate of Other Costs

*January 1, 2023 - February 28, 2025

$29,432

$3,600

March 1, 2025 - February 28, 2026

$16,440

$1,854

March 1, 2026 - February 28, 2027

$16,932

$1,910

March 1, 2027 - February 29, 2028

$17,436

$1,967

Total Cost

$80,240

$9,331

    *Holdover period

 

BACKGROUND INFORMATION

On July 17, 2007 (Item No. 27), the Board of Supervisors (Board) approved the three-year Lease, with two three-year options to extend the term, with Martha Green-Whitney Revocable Trust, September 18, 2024, for 913 square feet of office space, at 41003 Valley of the Falls Drive, Units A and B, in Forest Falls.  The original term was for the period of July 1, 2007, through June 30, 2010.  In the eighteen years since the Lease was originally approved, the Board has approved four amendments to reflect a change in ownership, adjust the rental rate schedule, add options to extend the term, and update standard lease agreement language.

 

Amendment No.

Approval Date

Item No.

1

July 13, 2010

59

2

April 23, 2013

43

3

June 28, 2016

57

4

December 17, 2019

45

 

The Sheriff requested that RESD extend the term three-years for the continued use of office space as a reporting station for Sheriff personnel assigned to the Forest Falls area.  Due to delays in obtaining trust documents to verify Martha Mary Green-Whitney as the trustee of the Martha Mary Green-Whitney Revocable Trust, September 18, 2024, as well as protracted negotiations for an increased rental rate, the Lease went into a permitted holdover on January 1, 2023.  The Amendment extends the term by three years for the period of March 1, 2025, through February 29, 2028, reflects a change of ownership from Green-Whitney Family Living Trust, U/A dated October 25, 2012, to a new revocable trust, Martha Mary Green-Whitney Revocable Trust, September 18, 2024, adjusts the rental rate schedule, and updates standard lease agreement language.  All other provisions and terms of the Lease shall remain the same.

 

The procurement process required by County Policy 12-02 - Procuring Privately Owned Real Property for County Use (Policy) provides that the Board may approve the use of an alternative procedure to the use of a Formal RFP to extend the lease whenever the Board determines that compliance with the Formal RFP requirements would unreasonably interfere with the financial or programmatic needs of the County, or when the use of an alternative procedure would otherwise be in the best interests of the County.  Approval of the Amendment will result in an aggregate term of 21 years and a potential aggregate term of 24 years, if the option to extend the term is exercised.  RESD completed a market analysis of comparable sites and found the rental rate for the three-year extended term to be competitive.  This site best meets the requirements of the Sheriff in the Forest Falls area and will save on relocation costs if it remains at this site. 

 

The project to approve the Amendment was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under CEQA Guidelines Section 15301 - Existing Facilities (Class I), because there is no possibility that the leasing of the subject property will have a significant effect on the environment.  Accordingly, no further action is required under CEQA.

 

Summary of Lease Terms

Lessor: 

Martha Mary Green-Whitney Revocable Trust, September 18, 2024 Martha Mary Green-Whitney, Trustee

 

 

Location:

41003 Valley of the Falls Drive, Units A & B, Forest Falls

 

 

Size:

Approximately 913 square feet of office space

 

 

Term:

Three years, March 1, 2025, through February 29, 2028

 

 

Options:

One three-year option to extend the term

 

 

Rent:

Base Rent Cost per square foot per month: $1.50* modified gross

 

Monthly:  $1,370

 

Annual:   $16,440

 

*Mid-range for comparable facilities in the Forest Falls area per the supporting competitive set analysis on file with RESD

 

 

Annual Increases:

3%

 

 

Improvement Costs:

None

 

 

Custodial:

Provided by County

 

 

Maintenance:

Provided by Lessor

 

 

Utilities:

Lessor provides water, sewer and fire alarm service; County provides interior electricity, propane gas, vending machines and telephone service

 

 

Insurance:

The Certificate of Liability Insurance, as required by the lease, is on file with RESD

 

 

Holdover:

Month-to-month basis upon the same provisions of the Lease

 

 

Right to Terminate:

County has the Right to Terminate with 90-Days’ Notice

 

 

Parking:

Sufficient for County needs

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (John Tubbs II, and Grace Parsons, Deputies County Counsel, 387-5455) on January 16, 2025; Sheriff (Jose Torres, Administrative Manager, 387-3648) on January 17, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on January 14, 2025; Finance (Erika Rodarte, 387-4919, and Eduardo Mora, 387-4376, Administrative Analysts) on February 3, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5426) on February 7, 2025.

 

(BR: 531-2674)