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File #: 9884   
Type: Consent Status: Passed
File created: 4/11/2024 Department: Real Estate Services
On agenda: 4/23/2024 Final action: 4/23/2024
Subject: Amendment to Lease Agreement with the City of Chino Hills for Library and Office Space
Attachments: 1. CON-RESD-LIB-042324-Lease Amd w City of Chino Hills-09-30 A2, 2. BAI-RESD-LIB-042324-Lease Amd w City of Chino Hills-09-30 A2.Redline, 3. Item #54 Executed BAI, 4. 09-30 A2 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

April 23, 2024

 

FROM

TERRY W. THOMPSON, Director, Real Estate Services Department

MELANIE OROSCO, County Librarian, County Library

 

SUBJECT                      

Title                     

Amendment to Lease Agreement with the City of Chino Hills for Library and Office Space

End

 

RECOMMENDATION(S)

Recommendation

1.                     Find that approval of Amendment No. 2 to Lease Agreement No. 09-30 with the City of Chino Hills for library and office space, is an exempt project under the California Environmental Quality Act Guidelines Section 15301 - Existing Facilities (Class 1).

2.                     Approve Amendment No. 2 to Lease Agreement No. 09-30 with the City of Chino Hills for the use of approximately 30,270 total square feet of library and office space located at 14020 City Center Drive in Chino Hills, exercising an option to extend the term for the five-year period of May 1, 2024 through April 30, 2029, in the amount of $5, following a permitted holdover for the period of January 1, 2024 through April 30, 2024, and adding one five-year option to extend.

3.                     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 this item will not result in the use of Discretionary General Funding (Net County Cost).  The total cost of Amendment No. 2 (Amendment) to Lease Agreement No. 09-30 (Lease) is $5, $1 annually over the five-year term of May 1, 2024 through April 30, 2029.  Lease payments will be made from the Real Estate Service Department’s (RESD) Rents budget (7810001000) and reimbursed from the County Library (Library) budget (6400002600).  Sufficient appropriation is included in both the 2023-24 Rents and Library budgets and will be included in future recommended budgets. 

BACKGROUND INFORMATION

The recommended action will amend the Lease with the City of Chino Hills (City) and exercise the option to extend for the five-year period of May 1, 2024 through April 30, 2029, following a permitted holdover for the period of January 1, 2024 through April 30, 2024, and add one five-year option to extend, for the use of approximately 30,270 total square feet of library and office space for the Library located at 14020 City Center Drive, in Chino Hills.

 

On January 13, 2009 (Item No. 19), the Board of Supervisors (Board) approved a 10-year Lease with two five-year options to extend the term with the City for 30,270 square feet of library space at 14020 City Centre Drive in Chino Hills.  The original term was for the period of January 13, 2009 through December 31, 2018.

 

On April 16, 2019 (Item No. 38), the Board approved Amendment No. 1 to the Lease to retroactively extend the term five years for the period of January 1, 2019 through December 31, 2023, by exercising one five-year option to extend the term for 30,270 square feet of library and office space for the Library located at 14020 City Center Drive, in Chino Hills

 

Due to continued negotiations with the City, the Lease went into a permitted month-to-month holdover for the period of January 1, 2024 through April 30, 2024.  RESD prepared the Amendment to extend the term of the Lease for the period of May 1, 2024 through April 30, 2029

 

Either party may terminate the Lease by giving the other party 90 days prior written notice.  All other terms and conditions of the Lease remain the same.

 

The project to approve the Amendment with the City was reviewed pursuant to the California Environmental Quality Act and determined to be categorically exempt under Guidelines Section 15301 - Existing Facilities (Class 1) because there is no possibility that the leasing of the subject property will have a significant effect on the environment.

 

Summary of Lease Terms

 

Lessor:

City of Chino Hills  Benjamin Montgomery City Manager

 

 

Location:

14020 City Center Drive, in Chino Hills

 

 

Size:

Approximately 30,270 total square feet

 

 

Term:

Five years, May 1, 2024 through April 30, 2029

 

 

Options:

One five-year option

 

 

Rent:

$1 annually

 

 

 

*Low range for comparable facilities in the Chino area per the competitive set analysis on file with RESD

 

 

Annual Increases:

None

 

 

Improvement Costs:

None

 

 

Custodial:

Provided by Lessor but reimbursed by the County

 

 

Maintenance:

Provided by Lessor except fire extinguishers, interior security and intrusion alarm monitoring service, and fluorescent tube replacements; Lessor may require contribution for major maintenance or capital improvement on a case-by-case basis

 

 

Utilities:

Provided by Lessor but paid by County except ground water

 

 

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:

Either party has the right to terminate with 90-days’ prior written notice

 

 

Parking:

Sufficient for County needs

 

PROCUREMENT

This Amendment is exempt from the provisions of County 12-02 - Leasing Privately Owned Real Property for County Use, as the real property is owned by another governmental entity.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (John Tubbs II, and Kaleigh Ragon, Deputies County Counsel, 387-5455) on March 28, 2024; Library (Melanie Orosco, County Librarian, 387-2220) on March 21, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on March 28, 2024; Finance (Elias Duenas, 387-4052, and Garrett Baker, 387-3077, Administrative Analysts) on April 5, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on April 5, 2024.

 

(AR:  501.7579)