HomeMy WebLinkAboutR25 EDAECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION /COUNCIL ACTION
FROM: RONALD E. WINKLER SUBJECT: PROPOSED LEASE AGREEMENT
Development Director + WITH GENERAL SERVICES
ADMINIST
DATE: October 1, 1998 0R/U"l Y!`"71 A L MMIGRATRIONOANDORTHE
VI NATURALIZATION SERVICES
BUILDING
Synopsis of Previous Commission /Council /Committee Action(s):
On September 21, 1998, this item was continued by the Community Development Commission to October 5, 1998.
Recommended Motion(s):
(Community Development Commission)
MOTION: That the Community Development Commission authorize execution of the U.S. Government Lease
for Real Property.
Contact Person(s): Ronald E. Winkler/ Phone: 5081
Project Area(s): Central City (CC) Ward(s): Three (3)
Supporting Data Attached: ❑x Staff Report ❑ Resolution(s) ❑ Agreement(s) /Contract(s) ❑ Map(s) ❑ Ltr/Memo
FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A
i Budget Authority: N/A
SIGNATURE:
G VAN OSDEL
Executive Director
--------------------------------------------- - - - - --
Commission /Council Notes:
Ronald E. Winkler
Development Director
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REW:lag:10- 19- 06.cdc COMMISSION MEETING AGENDA
MEETING DATE: tom— f 0—
Agenda Item Number: R
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Proposed Lease Agreement with General Services Administration for the
Immigration and Naturalization Services Building
Attached is the subject document for your review and information. Special Counsel will present
a verbal report on the lease document.
RONALD E. WINKLER, Director
Development Department
REW:1ag:10- 19- 06.cdc COMMISSION MEETING AGENDA
MEETING DATE: 10/05/1998
Agenda Item Number:
STANDARD FORM 2 U.S. GOVERNMENT
FEBRUARY 1965 EDITION
GENERAL SERVICES
ADMINISTRATION LEASE FOR REAL PROPERTY
FPR (41 CFR) 1 D 16.601
DATE OF LEASE: LEASE No. LCA981 57
THIS LEASE, made and entered into this date between the City of San Bernardino, Economic Development
Agency.
whose address is: City of San Bernardino
Economic Development Agency
201 North "E" Street, Suite 301
San Bernardino, California 92401 -1507
and whose interest in the property hereinafter described is that of Owner, hereinafter called the LESSOR, and the
UNITED STATES OF AMERICA, hereinafter called the Government.
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows:
The Lessor hereby leases to the Government the following described premises:
A total of approximately 43,632 Rentable Square Feet (RSF) of office and related space yielding approximately
38,061 Occupiable Square Feet (OSF), of office and related space on the first and second floors, together with
approximately 144 square feet of open space on the roof at no cost to the Government for a Government
provided 12' high pole and /or an 8'x8' Microwave Dish roof top mounted antenna(s), together with forty -six
(46) on site reserved parking spaces, and eight (8) on site secured "screened" parking spaces located at the
building to be known as 655 West Rialto Avenue, San Bernardino, California 92401 as depicted on
Exhibit "A," and Attachments A, B, C, D, E, and F; and Amendments 1 -6.
TO BE USED FOR SUCH PURPOSES AS DETERMINED BY THE GENERAL SERVICES ADMINISTRATION.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on the day which
the space is certified by the Government as "substantially complete" and ready for occupancy through the
following ten (10) year firm term.
3. The Government shall pay the Lessor annual rent on a monthly basis pursuant to the following schedule:
Year(s)
Annual Rent
Monthly Rent
1 -5
$900,564.48
$75,047.04
6
$947,687.04
$78,973.92
7
$968,630.40
$80,719.20
8
$989,573.76
$82,464.48
9
$1,036,696.32
$86,391.36
10
$1,057,639.68
$88,136.64
Payments shall be made in arrears. Rent for a lesser period shall be prorated. Rent payments including all
applicable additional rent payments shall commence upon the "substantial completion" of the tenant
improvements and above - standard items and the Government's occupancy of the space. Rent checks shall be
made payable to:
City of San Bernardino
Economic Development Agency
201 North "E" Street, Suite 301
San Bernardino, California 9 2401 -1 507
4. The Government may terminate this lease in whole or in part at any time after the ten (10) year firm term.
5. THIS PARAGRAPH IS DELETED IN ITS ENTIRETY.
LESSOR INITIAL
GOVT INITIAL
6. The Lessor shall furnish to the Government as part of the rental consideration, the following:
All services, utilities, maintenance, replacement and repairs as stated in the Solicitation For Offers No.
7CA0836 to be known as Lease No. LCA98157, Exhibit A, and Attachments A, B, C, D, E, and F; and
Amendments 1 -6.
All labor and materials necessary, including required drawings, including all security system drawings,
specifications and technical and professional expertise to deliver the space in accordance with the
specifications contained in the Solicitation For Offers No. 7CA0836 to be known as Lease No. LCA98157, as
depicted on the Government approved drawing, Attachments A, B, C, D, E, and F; and Amendments 1 -6.
Lessor shall cooperate with the Government's appointed construction manager (if applicable) to facilitate the
construction of the tenant improvements, above - standard items, and the installation of the Government's
security, telecommunications, and data systems to Government specifications.
In the event of failure by the Lessor to provide the initial space alterations under this lease within the specified
time frames, the Government shall, without limitation, have the right to exercise the remedies provided in
paragraph 15 of GSA Form 3517B.
7. The following are attached to and made a part of this lease agreement:
All terms and conditions and obligations of the Lessor and the Government as set forth:
1). Solicitation For Offers (SFO) No. 7CA0836 (1/12/98) to be known as Lease No. LCA98157 - 43 Pages.
2). Solicitation For Offers No. 7CA0836, Amendments 1 -6.
3). Attachment A: U.S. Department of Justice "Immigration and Naturalization Service Special
Requirements" (January 1998) - 15 pages.
4). Attachment B: "Specifications For Hold Rooms" Design Standards (Abridged Edition) (November
1993 / Reformatted 1/98) - 22 Pages.
5). Attachment C: "Specifications For Non - Contact Visitation Areas" (February 1989 / Reformatted
1/98) - 5 pages.
6). Attachment D: "Specifications For Information Counters" (October 1993 / Reformatted 1/98) - 9 pages.
7). Attachment E: "Drawings and Schedules" (January 1998) - 4 Pages.
8). Attachment F: "Physical Security Standards" "Amended 6/98 (March 25, 1997 / Reformatted 5/98) - 20
Pages.
9). GSA Form 3517B, General Clauses (REV 1/97) - 24 Pages.
10). GSA Form 3518, Representations and Certifications (REV 1/97) - 5 Pages.
11). Floor plan of lease space labeled Exhibit "A" to be constructed in accordance with all the terms and
conditions of Solicitation For Offers No. 7CA0836 to be known as Lease No. LCA98157, its Exhibits,
Attachments, and Amendments.
12). Attachment sheets number 1 through 3 to this Standard Form 2 (SF2), containing in paragraphs 9
through 19.
8. The following changes were made were made to this lease prior to its execution:
Paragraph 5 of this Standard Form 2 was deleted in its entirety, and paragraphs 9 through 19 were added
prior to lease execution.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above
written.
LESSOR - City of San Bernardino, Economic Development Agency.
BY
IN PRESENCE OF
BY
ADDRESS
UNITED STATES OF AMERICA, General Services Administration, Public Building Service
BY
CONTRACTING OFFICER, GSA, PBS, RED
STANDARD FORM 2 EXCEPTION TO SF2 APPROVED
FEBRUARY 1965 EDITION
LESSOR INITIAL
GOVT INITIAL
SHEET NO. 1 ATTACHED TO AND FORMING A PART CF LEASE NO. LCA98157
"9. Substantial Completion of the space in accordance with the Solicitation For Offers, its Exhibits, Attachments,
and Amendments, including but not limited to, the Government's Special Improvements shall be completed in
accordance with the construction performance periods established in Attachment "E" Drawings and
Schedules„
"10. Pursuant to Paragraph 3.4, "Percentage of Occupancy" for purposes of tax escalation, the Government
shall occupy 38,061/38,061 Occupiable Square Feet, or 100% of the premises to be known as 655 West
Rialto Avenue, San Bernardino, California 92401."
11. Pursuant to Paragraph 3.6, "Operating Costs ", the base rate for purposes of operating cost escalation is
established at $4.57 per Occupiable Square Foot (OSF), per annum for the occupiable square feet under the
lease."
"12. Pursuant to paragraph 3.13, "Adjustment for Vacant Premises GSAR" in the event of the Government vacates
the space in whole or in part prior to lease expiration, the rent will be reduced by $1.33 per Occupiable
Square Foot per annum for operating expenses for each Occupiable Square Foot the Government vacates."
"13. Pursuant to Paragraph 7.3, "Overtime Usage ", if the Government requires overtime heat /air- conditioning, the
Lessor shall furnish it at $25.00 per hour, per floor."
14. Pursuant to paragraph 3.1 "Unit Costs For Adjustment" the following negotiated amounts shall be debited or
credited to the Lessor for build -out which exceeds or do not equal the ratios established in the Solicitation For
Offers No. 7CA0836."
ITEM
UNIT
COST
Ceiling High Partitioning
$22.00
Floor Mounted Duplex Electrical Outlet
$150.00
Wall Mounted Duplex Electrical Outlet
$40.00
Floor Mounted 4 -Plex Electrical Outlet
$190.00
Wall Mounted 4 -Plex Electrical Outlet
$60.00
Dedicated Clean Electrical Outlet
$110.00
Floor Mounted Telephone Outlet
$140.00
Wall Mounted Telephone Outlet
$30.00
Interior Mounted Door and Frame
$650.00
Cost per System Furniture Junction Box
$260.00
The amount of build -out actually required will be determined by the Government approved layouts. No
deviations from this layout will be allowed except for those changes approved in writing by the General
Services Administration's Contracting Officer.
"'15. Upon completion of the space, a physical measurement will be taken as part of the acceptance inspection.
The lease will be supplemented to reflect actual square footage, and effective date of the lease for term and
payment purposes. The rate for fully serviced Occupiable Square Foot (OSF) per annum shall be as follows:
$23.66 per OSF for years 1 -5; $24.90 per OSF for year 6; $25.45 per OSF for year 7; $26.00 per OSF for
year 8; $27.24 per OSF for year 9; and $27.79 per OSF for year 10. The square foot measurement shall not
exceed 39,200 OSF, unless modified by the Government pursuant to SFO paragraph 1.1(e) and /or Attachment
"A" paragraph 1.15 of the Solicitation For Offers. Otherwise, if the actual measurements upon space
acceptance reflect an excess of 39,200 OSF (maximum square footage) initially contracted for, the General
Services Administration will pay only to the maximum of 39,200 OSF, regardless of the square foot
measurement.
"'16. Any items to be completed or corrected that have been identified at the acceptance of the space, which do not
affect beneficial occupancy, shall be completed by the Lessor within thirty (30) calendar days of acceptance.
LESSOR INITIAL____,
GOVT INITIAL
SHEET NO. 2 ATTACHED TO AND FORMING A PART OF LEASE No. LCA98157
"17. At the request of the Government, the Lessor shall provide, and maintain all labor, materials and equipment to
install the following special purpose items in accordance with the Special Requirements for Lease
for lease No. LCA98157. Actual unit quantities shall be adjusted upon delivery
of the Government "Approved Drawings."
# ITEM UNITS COST EA. EXTENSION
1
8' base cabinet w/ laminate counter, 12' 1/2" wall cabinet w /intregal lock
1
$ 2,600.00
$ 2,600.00
2
12' base cabinet w/ laminate counter, 15' wall cabinet w /intregal lock
1
$ 3,225.00
$ 3,225.00
3
18 gauge hollow mtl dr &fr, w/ 18 gau HM metal door
1
$ 500.00
$ 500.00
4
1'x6' Sidelight panels 1/4" tampered glass+ 2" metal frame welded corners 18" above floor -ea.
1
$ 325.00
$ 325.00
5
3'x4' painted hollow metal frame w /pass thru opening and clear window - ea.
1
$ 443.00
$ 443.00
6
4'x4' view window w/ pass thru& laminate counter
1
$ 727.00
$ 727.00
7
Air conditioning Unit: 22,000 BTU's, thermostat wall thermostat control, Ded Electrical, related
hardware.
1
$ 4,200.00
$ 4,200.00
8
Door - solid core 42" wide, other specs same as SFO requirements
1
$280.00
$ 280.00
9
Dutch solid core door w/ "B" shelf - ea.
1
$460.00
$ 460.00
110
Electric door strike - ea.
1
$435.00
$ 435.00
111
Eyeball incandescent light on separate switch
1
$136.00
$ 136.00
112
Heavy duty door closer & keyless entry system
1
$650.00
$ 650.00
113
[Additional] Holding Room (appx.300 Sq.Ft.) constructed per Attachment "B" specifications - each.
1
$27,000.00
$27,000.00
114
[Additional] Information Counter - Constructed per Attachment "D" specifications - each.
1
$1,595.00
$ 1,595.00
15
Mortise lockset w/ deadbolt commercial grade - ea.
1
$250.00
$ 250.00
1' 6
Push button combination lock (Simplex 1021- B- 26D -41) - ea.
1
$560.00
$ 560.00
17
Push button combination lock w/ remote control - ea.
1
$905.00
$ 905.00
18
Simi -Rigid vinyl /acrylic alloy wall covering - per Sq.Ft.
1
$2.71
$ 2.71
19
Single 3'x3' push up aluminum grille 18" wide x 4' long wood counter - (Weapon Room)
1
$1,110.00
$ 1,1 10.00
20
Solid core door w/ 5"x20 "x1/4" tampered glass view window - ea.
1
$365.00
$ 365.00
21
Vault 10'x8' CMU reinforced +finishes +electrical +mechanical work +vault door +reinforced
1
$14,500.00
$ 14,500.00
22
4'x4' view window w/ pass thru& laminate counter &speaker opening
1
$1,000.00
$ 1,000.00
23
4'x4' view window w /out pass thru & laminate counter & clear window
1
$800.00
$ 800.00
2.4
Continuos wood chair rail 4" wide - Linear foot
1
$3.25
$ 3.25
25
Door- Solid Core, STC 45 rated
1
$150.00
$ 150.00
26
Door - solid core, one hour rated - (Evidence Rooms)
1
$210.00
$ 210.00
27
Trilogy combination lock #DL- 2500LE Series (Manufactured by American Access)
1
$300.00
$ 300.00
2:8
3'X4' view window
1
$250.00
$ 250.00
Payment will be due only for work or items required under this paragraph, or shown on the approved
Government layout, or requested in writing by the GSA Contracting Officer. It is understood and agreed that
title to these items shall vest in the Government and that these items can be removed by the Government at
any time during the term of the lease or any extensions, renewals, or succeeding terms thereof, and
further that the Lessor waives an restoration in connection with these items.
"'18. Lessor shall provide the Government HVAC utilities on a 24 -hour basis to operate the INS Computer Room
pursuant to Attachment "A" paragraph 2.52. The Computer Room will operate beyond the Government's
normal working hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, all day Saturday, Sunday, and
Federal Holidays. The Government shall pay for overtime electrical beyond normal working hours at the rate of
$0.88 per hour. The Government may add -on the costs for overtime electrical to the operating costs describe
on paragraph 11 of this SF2 Form as a means to transfer payment for such services. LESSOR NITIAL_
GOWT 111i'MAL
SHEET NO. 3 ATTACHED TO AND FORMING A PART CF LEASE NO. LCA98157
"19. Upon thirty (30) days prior written notice from the Government to the Lessor, Lessor shall provide
approximately 144 square feet on the roof of the building capable of supporting the installation, operation,
and maintenance of transmission devices pursuant to Attachment "A ", paragraph 1.3 ANTENNA. Such space
shall be provided by the Lessor at no additional cost to the Government. The Government or its designated
contractor(s) shall have access to the designated space at any time. The Government shall determine any
security requirements and specifications necessary for this space. Modifications the Government may deem
necessary to render the space secured, shall be paid by the Government. Other Listening Devices within the
roof area of the building shall not interfere with the Government's transmission devices.
LESSOR INITIAL.
GOVT INITIAL