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Home My WebLink AboutR50- Economic Development ECONOMIC DEVELOPMENT AGENCY C(op)y OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION FROM: RONALD E. WINKLER SUBJECT: PROPOSED LEASE AGREEMENT Development Director WITH GENERAL SERVICES ADMINISTRATION FOR THE DATE: October 1, 1998 IMMIGRATION AND 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:El Staff Report❑ Resolution(s) ❑ Agreement(s)/Contract(s) ❑ Map(s) ❑Ltr/Memo FUNDING REQUIREMENTS: Amount: $N/A Source: N/A Budget Authority: N/A SIGNATURE: GAY VAN OSDEL Ronald E. Winkler ' Executive Director Development Director ------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------------------------------------------ REW:lag:10-19-06.cdc COMMISSION MEETING AGENDA MEETING DATE: 10/05/1998 /"�e Agenda Item Number: �� 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:lag: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 LEASE FOR REAL PROPERTY ADMINISTRATION FPR(41 CFR) 1 D16.601 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: 1. 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 tie 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 92401-1507 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 BY IN PRESENCE OF 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 OF 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." UNIT ITEM 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 1 $ 4,200.00 $ 4,200.00 hardware. 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 10 Electric door strike-ea. 1 $435.00 $ 435.00 11 Eyeball incandescent light on separate switch 1 $136.00 $ 136.00 12 Heavy duty door closer&keyless entry system 1 $650.00 $ 650.00 13 [Additional]Holding Room(appx.300 Sq.Ft.)constructed per Attachment"B"specifications-each. 1 $27,000.00 $27,000.00 14 [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 16 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 24 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 28 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 INITIAL GOWT Ifs<ITIAL_______ SHEET NO. 3 ATTACHED TO AND FORMING A PART OF 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