HomeMy WebLinkAboutSRK ENGINEERING, INC.,INSURANCE NOT ON FILE
WORK MAY -NQT PROCEED
CLERK OF COUNCIL
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A-2019-030
_LEASE AGREEMENT
THIS LEASE (the "Lease") is made as of February 19 2019, by and between
The City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California ("City" or "Landlord"),and SRK
Engineering ("Tenant").
1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by
reference:
Exhibit "A" The Premises
Exhibit "B" Additional Lease Conditions
Exhibit "C" Janitorial Specifications
2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from
Landlord, upon the terms, covenants and subject to the conditions set forth herein,'a portion of
the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly
known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be
leasing the portion identified as §2jft 500, consisting of approximately 934 square feet of
interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely
responsible at its own expense for all improvements made to the Premises and obtain all
necessary permits. The Premises are more particularly described in Exhibit A.
3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall be for a
period of one (1) years, which shall commence on February20, 2019 (the "Commencement
Date"), unless sooner terminated or extended as provided herein.
4, ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject
to compliance with the additional lease conditions attached hereto as Exhibit B. These additional
lease conditions are a material part of this lease agreement and any default of these conditions
will be deemed a major breach and will subject this lease to termination per the terms identified
herein.
5. EXTENSION PERIODS: Landlord shall have the right, but not the obligation, to
provide Tenant the option to extend the Term for additional periods of one (1) month on the
some terms and conditions as set forth in this Lease, up to twelve (12) months. Each option shall
be agreed to in writing by the Landlord and Tenant prior to the expiration of the Term or any
Extension Period then in effect, If Tenant does not exercise its option to extend as provided
herein, Tenant will be deemed a holdover Tenant and subject to paragraph 7 of this lease. The
lease is subject to a Consumer Price Index (CPI) increase for any extension period.
6. RENT: (a) Beginning on March 1, 2019 tenant shall pay to Landlord, as rent ("Rent"),
throughout the Teri, the monthly sum of One Thousand Eight Hundred and Seventy Dollars
($1,870,00) in advance, on the Iat day of each calendar month and continuing through the life of
the Term. Any partial month shall be prorated at $62 per day. All payments of Rent and other
sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted
to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702, A
LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT
HEREUNDER DUE BUT UNPAID AFTER THE I OTH of the month. (b) Landlord and
Tenant hereby agree that Rent for any Extension Period, if the option for such is exercised, shall
be subject to a CPI adjustment annually on the anniversary of the commencement date of the
term hereof.
7. HOLDOVER: Tenant has no right to retain possession of the Premises or any part
thereof beyond the expiration or termination of this Lease. Nothing contained herein shall be
construed as consent by Landlord to any holding over by Tenant. Any holding over by Tenant of
the Premises after the expiration or termination of this Lease shall operate and be construed as a
tenancy from month to month subject to the terms of this Lease, terminable by either party upon
thirty (30) days prior written notice to the other.
8. LANDLORD'S TITLE: (a) Landlord hereby covenants, represents and warrants to
Tenant that Landlord has fee simple title to the Premises and has the full right and lawful
authority to make this Lease. Notwithstanding anything contained herein to the contrary, if there
are any liens, security interests, restrictions, leases, encumbrances, encroachments, laws,
ordinances, governmental rules or regulations, title restrictions, zoning, endangered species or
any other matters which in fact interfere with Tenant's use of the Premises, then Tenant may
terminate this Lease without owing any liability to Landlord. Landlord covenants that so long as
Tenant is not in monetary default as defined hereunder, Tenant shall have quiet and peaceful
possession and enjoyment of the Premises, all improvements located thereon and of all
easements, rights and appurtenances thereunto belonging.
9. DELIVERY OF POSSESSION UPON TERMINATION OR EXPIRATION OF
TERM: Tenant agrees to deliver to Landlord physical possession of the Premises upon the
termination or expiration of this Lease in good condition except, however, ordinary wear and
tear, damage by fire or any other casualty, or damage from any other cause unless such other
cause is solely attributable to the negligence of Tenant.
10. ASSIGNMENT AND SUBLETTING: Tenant may not assign this Lease or sublet the
Premises or any part thereof without the prior written consent of Landlord.
11. TENANT'S REPAIRS, ALTERATIONS AND FIXTURES: Except for reasonable
wear and tear, Tenant agrees at Tenant's expense to maintain the premises in good repair.
Subject to Landlord approval, Tenant shall make and pay for any renovations, alterations, minor
repairs (light bulbs, etc.) and improvements to the Premises as Tenant deems desirable and
Tenant agrees that all such alterations and improvements shall be made in a good and
workmanlike manner and in such fashion as not to diminish the value of the building, and that no
such alterations shall compromise the structural Integrity of the Premises. All improvements,
additions and alterations, shall be in accordance with applicable laws and at Tenant's own
expense. Tenant shall indemnify and defend Landlord for all liens, claims, or damages caused by
remodeling, improvements, additions and alterations completed by Tenant. It shall be Tenant's
duty to keep the Premises free and clear of all liens, claims, and demands for work performed,
materials furnished, or operations conducted on the Premises at the request of Tenant. It is the
responsibility of the Landlord to correct or repair defects identified by Tenant upon notice from
the Tenant. Landlord agrees to perform any such correction or repair work within fifteen (15)
business days of receipt of notice from Tennant, unless otherwise agreed to In writing by both
parties. In the event Landlord fails to correct, repair or maintain defects as requested by Tenant,
Tenant, upon City's approval, may perform, directly or through a third -party, the necessary work
and deduct the costs associated from the next month's rent. Tenant retains the right to contract
with outside entities to perform such repair work In the event the Landlord is non-responsive or
cannot perform the repairs within fifteen (15) business days, unless otherwise agreed to in
writing by both parties. On surrendering possession of the Premises to Landlord at the expiration
or sooner termination of this Lease or any Extension Period, Tenant shall be required to return
the premises in the some condition upon commencement of lease except for normal wear and
tear.
Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation
of "temporary signs" in accordance with a signage plan that is pre -approved by the Landlord.
Landlord shall not install or maintain or permit anyone other than Tenant to install or maintain,
any signs on any part of the Premises or within the air space above the Premises during the Term
or any Extension Period of this Lease.
12. MAINTENANCE: Landlord shall provide at its own cost and expense janitorial
services for the Premises. Janitorial supplies and services shall be provided on a five-day-per.
weekbasis in accordance with Exhibit C {JANITORIAL SPECIFICATIONS).
13. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural
improvements and alterations to comply with all applicable laws, rules, regulations and
ordinances of any and all applicable governmental entities (the "Governmental Laws") applying
to the physical condition of the Premises and the building located thereon and arising solely from
Tenant's conduct of business.
14. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and
which are consumed by Tenant, during the Term and any Extension Period, including charges or
assessments for water, sewer, gas, heat, electricity, garbage disposal and trash disposal.
15. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon
thirty (30) days' request by the other (but not to exceed more than three (3) times in any given
calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this
Lease is unmodified and in full, force and effect (or, if there have been modifications, that this
Lease is in full effect as modified, and identifying such modifications) and the dates to which the
Rent have been paid, and that no default exists in the observance of this Lease and no event of
default has occurred and is continuing, or specifying each such default or event of default of
which Landlord or Tenant may have knowledge, it being intended that any such statement may
be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of
Landlord or Tenant in their respective premises described herein,
16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless Landlord from and
against any and all liability, loss, damage, expense, and costs (including attorney's fees) due to
bodily injury, including death, to any person, or loss or damage (including loss of use) to any
property, caused by the negligence or willful misconduct of Tenant, its employees,
representatives, or agents in connection with this Lease.
17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain
Insurance as described below:
a. Commercial General Liability Insurance: Commercial general liability
insurance for injury to person (including death) or damage to property occurring within the
building arising out of the use and occupancy thereof by Tenant, its licensees, employees,
invitees, agents and customers. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers
and representatives as additional insured(s); (b) be primary and not contributory with respect to
insurance or self-insurance programs maintained by the City; and (c) contain standard separation
of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a
combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Tenant, if Tenant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance. Prior to commencing
the performance of the work under this Agreement, Tenant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Property Insurance, Tenant shall maintain not less than $1,000,000 Fire
Legal liability on all real property being leased, including improvements and betterments owned
by the Landlord, and shall name the Landlord as a loss payee. Tenant shall also provide fire
insurance on all personal property contained within or on the leased premises. The policy must
be written on an "all risks" basis, excluding earthquake and flood. The Tenant shall name the
Landlord as additional insured.
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e. Interruption of Business Insurance. Tenant shall, at its sole cost and
expense, maintain business interruption insurance by which the minimum monthly rent will be
paid to Landlord for a period of up to (1) year if the premises are destroyed or rendered
inaccessible by a risk insured against by a policy of standard fire and extended coverage
insurance, with vandalism and malicious mischief endorsements.
f. The following requirements apply to the insurance to be provided by
Tenant pursuant to this section:
i. If the Tenant maintains broader coverage and/or higher limits than the
minimums shown above, the Landlord shall be entitled to the broader
coverage and/or higher limits maintained by the Tenant. Any available
insurance proceeds in excess of the specified minimum limits of Insurance
and coverage shall be available to the Landlord.
ii. Tenant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
iii. Certificates of insurance shall be furnished to the Landlord upon execution
of this Agreement.
iv. Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City, except for 10 days' notice
for non-payment of premium.
V. If Tenant fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the Landlord with required proof
that insurance has been procured and is in force and paid for, the Landlord
shall have the right, at the Landlord's election, to forthwith terminate this
Agreement as provided herein.
18, DAMAGE BY CASUALTY
(a) In the event of a fire or other casualty in the Premises, Tenant shall
immediately give notice thereof to Landlord.
(b) If the Premises, through no fault of Tenant, its agents, employees, invitees,
or visitors, shall be partially destroyed by fire or other casualty so as to render the
Premises untenantable as reasonably determined by Landlord, /tent shall abate in
proportion to the percentage of square footage of the Premises rendered unusable until
such time as the Premises are made tenantable as reasonably determined by Landlord. The
entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60)
days following the fire or casualty incident.
(c) Except where Landlord is not obligated to repair or rebuild the Building or
the Premises, Landlord will use due diligence to repair or rebuild the same (except that
Landlord will have no obligation to repair or replace any alteration, addition, or
improvements to the Premises other than the Tenant Improvements installed at Landlord's
expense which will be repaired only to the level of Building Standard Improvements).
(d) In the event of (i) the total destruction of the Premises, (ii) the partial
destruction of the Premises or the Building where the same is so damaged that it cannot, in
Landlord's reasonable opinion, be repaired within sixty (60) days of the occurrence of
such damage, or (iii) damage or destruction as a result of any casualty for which insurance
proceeds are not available to pay 100% of the cost of repair or rebuilding, Landlord will
have no obligation to repair or rebuild the Premises or the Building. Landlord will make
its determination whether to repair or rebuild within sixty (60) days of the occurrence of
such damage or destruction. Upon notification to Tenant of Landlord's decision not to
repair or rebuild, this Lease shall terminate. In such an event, "Tenant shall be reimbursed
by Landlord any rent monies transferred from Tenant to Landlord during this sixty (60)
day period within fourteen (14) days after the termination of the lease.
19. EMINENT DOMAIN; (a) If (I) all or part of the Premises, the building located
thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be
taken or appropriated under any right of eminent domain or under any other legal right whereby
the taking authority is obligated to compensate Landlord therefor so that there does not remain
premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may
terminate and cancel this Lease without owing any liability to Landlord as of the date on which
the condemning authority takes physical possession upon giving to Landlord written notice of
such election. Landlord agrees immediately within ten (10) days after any notice of intended or
actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full
details of such taking or appropriation, including, without limitation copies of all condemnation
plans or surveys submitted by the condemning authority, a statement of the nature of the project
to be conducted by the condemning authority, and such other information as might be necessary
to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES
THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE
UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS
OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED
TO CONDEMNATION OR INVERSE CONDEMNATION,
(b) If this Lease shall be terminated and canceled as a result of any taking or
appropriation, Tenant shall be released from any further liability and Rent and other sums for the
last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to
Tenant any sums paid in advance,
(e) Tenant reserves unto itself the right to prosecute Tenant's claim for an
award for damages for the termination of this Lease caused by such appropriation or taking,
together with damages based on the value of Tenant's improvements and Tenant's fixtures and
other personal property erected or installed on the Premises and damages Tenant may sustain to
the interest in the business operated by Tenant on the Premises, including, but not limited to,
goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by
such appropriation or taking, and Tenant may file such claims as are permitted by law for the
loss of its leasehold interest, business dislocation damages, moving expense, or other damages
caused by such taking or appropriation. Tenant's right to receive compensation or damages for
its fixtures or its personal property shall not be affected in any manner by this Lease.
20. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all
mechanic's liens, or other liens, for labor performed or materials furnished with respect to the
Premises by or for Tenant.
21. PARKING AREA: (a) All those portions of the SARTC which are not presently
occupied by buildings and which are designated parking spaces within the parking structure shall
be available for use by Tenant and Tenant's agents, employees, customers and invitees for
parking and access to the public streets and highways (the "Parking Area"). Tenant further
acknowledges that Landlord has entered into an agreement with the Orange County
Transportation Authority for the construction of the OC Streetcar at SARTC, which is
anticipated to begin construction in 2019. Such construction may affect the number of parking
spaces available at any one time, though it is not possible to determine the precise effect at the
time of this Lease. Active portions of Surface Parking Lots 1 and 2 are not available. Landlord
will provide parking passes to identify all Tenant vehicles parked at SARTC.
22, TENANT'S DEFAULT. (a) If Tenant shall default in payment of Rent, when due,
Landlord shall forward written notice, pursuant to Section 22, of such default to Tenant, and the
failure of Tenant to cure such default within seven (7) days after the date of receipt of such
notice shall, at the sole option of Landlord, cause the termination of this Lease.
(b) If Tenant shall default in the performance of any other terms or provisions
of this Lease, and if Landlord shall give to Tenant written notice, pursuant to Section 22, of such
default, and if Tenant shall fail to cure such default within thirty (30) days after receipt of such
notice, Landlord at its sole option, shall cause the termination of this Lease immediately.
23. HAZARDOUS SUBSTANCES: (a) As used herein, the term "Hazardous Substances"
shall mean, without limitation, any substance that is biologically or chemically active or any
hazardous, toxic, or dangerous waste, substance (including, but not limited to, lead-based paint,
asbestos or petroleum derivative substances), or material defined as such in (or for purposes of)
(i) any state, federal or local environmental laws, interpretive letters, regulations, decrees or
ordinances, (it) the Comprehensive Environmental Response, Compensation and Liability Act,
as amended, (iii) the Resource Conservation and Recovery Act, (iv) any of the state or local
"Super Fund", "Super Lien" or "Cleanup Lien" laws or (v) any other federal, state or local
statute, law, ordinance, code, rule, interpretive letter, regulation, order or decree regulating,
relating to or imposing liability or standards of conduct concerning any such substances or
materials or any amendments or successor statutes with respect to any of the foregoing.
(b) During the Term of this Lease, Tenant represents and warrants that no Hazardous
Substances will be stored on the Premises and no Hazardous Substances will be discharged on
the Premises by Tenant. Tenant agrees that such representations and warranties shall survive any
termination of this Lease, and Tenant agrees to indemnify and hold harmless Landlord from any
and all costs, expenses, claims and damages, including, but not limited to, attorneys' fees and
costs of remediation, arising from Tenant's breach of any of the representations and warranties
contained in this Section.
24. NOTICE: Any notice, tender, demand, delivery, or other communication pursuant to
this Lease shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, to the following persons.
TENANT:
TO CITY:
SRK Engineering
Public Works Agency
Attn: Sherry Kirkpatrick
City of Santa Ana
2615 Auto Park Way
20 Civic Center Plaza (M-21)
Escondido, CA 92029
Santa Ana, California 92701
Attention: Executive Director of Public Works Agency
A
Clerk of Council
City of Santa Ana
20 Civic Center Plaza (M29)
Santa Ana, California 92701
A party may change its address by giving notice in writing to the other party at least 15 days
prior to the effective change. Thereafter, any communication shall be addressed and transmitted
to the new address. If sent by mail, communication shall be effective or deemed to have been
given three (3) days after it has been deposited in the United States mail, duly registered or
certified, with postage prepaid, and addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
25. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly
for office space. No other use of the Premises shall be permitted without written consent of
Landlord.
26. GENERAL PROVISIONS:
(a) This Lease (and the documents referred to herein) constitutes the entire agreement
between the parties pertaining to the lease of Suite 5500 contained herein and supersedes any and
all prior and contemporaneous agreements, representations and understandings, oral or
otherwise, between or among the parties with respect to the matters contained herein.
(b) Landlord agrees to turn over the Premises is clean, good condition and in working
order. The Parties agree to conduct a walkthrough prior to the start of this Lease wherein
Landlord shall demonstrate that all building systems which include but are not limited to:
electrical, lighting, HVAC, lockable doors and windows, etc. are in good working order.
Additionally, Landlord agrees to perform wall patching and painting as identified by Tenant
during the walkthrough prior to turnover to Tenant.
(c) This Lease shall be binding upon, and inure to the benefit of, the parties hereto
and their respective heirs, legatees, distributes, legal representatives, successors and assigns.
(d) This Lease shall not be modified, amended or supplemented, in whole or part,
without the prior written consent of all parties hereto. Each and every waiver of any covenant,
representation, warranty or any other provision hereof must be in writing and signed by each
party whose interests are adversely affected by such waiver. No waiver granted in any one
instance shall be construed as a continuing waiver applicable in any other instance.
(e) If any legal action or other proceeding Is brought for the enforcement hereof, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions hereof, the successful or prevailing party or parties shall be entitled to recover
reasonable and necessary attorneys' fees, court costs and all reasonable and necessary expenses
even if not taxable as court costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which
such party or parties may be entitled.
(f) This Lease shall be governed by the internal laws of the State of California
without regard to and excluding Its principles of conflicts of laws.
(g) The parties further agree that upon request, they shall do such further acts and
deeds, and shall execute, acknowledge, deliver and record such other documents and
instruments, as may be reasonably necessary from time to time to evidence, confirm or carry out
the intent and purposes of this Lease.
(h) Unless the context in which used clearly requires another construction, throughout
this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the
neuter gender shall include the masculine or both, and the singular of terms shall include the
plural and vice versa. The section headings are for convenience only and shall not affect the
construction hereof.
(I) If any one or more of the provisions hereof shall for any reason be held invalid,
illegal or unenforceable in any respect, such Invalidity, illegality or unenforceability shall not
affect the validity or enforceability of any other provision hereof, which shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein. The parties
intend that if any provision hereof is capable of two constructions, one of which would render
the provision void and the other of which would render the provision valid, then the provision
shall have the meaning which renders it valid.
0) Time is of the essence in the performance of each party's respective obligations.
(k) This Lease may be executed simultaneously in one or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one In the
same instrument, and it shall not be necessary that any single counterpart bear the signatures of
all parties.
(1) Unless expressly stated to be exclusive, no remedy conferred herein shall be
deemed to be exclusive of any other remedy conferred herein or any other remedy now or
hereafter available at law or equity. All remedies conferred herein, and all remedies now or
hereafter available at law or equity, shall be deemed to be cumulative and not alternative, and
may he enforced concurrently or successively.
(m) All provisions of this Lease shall be construed as covenants and agreements
where used in each separate provision hereof and shall bind and inure to the benefit of the parties
hereto, their respective heirs, legal representatives, successors and assigns.
(a) All periods of time shall Include Saturdays, Sundays and legal holidays; provided
that, if the last day to perform any act or give notice falls on a Saturday, Sunday or legal holiday,
then such act or notice shall be timely performed if given on the next succeeding business day.
(o) Any holding over by Tenant of the Premises after the expiration or termination of
this Lease shall operate and be construed as a tenancy from month to month on all terms of this
Lease, terminable by either party upon thirty (30) days prior written notice to the other.
(p) Nothing contained in this Lease shall be deemed or construed by the parties
hereto or by any third patty to create the relationship of principal and agent or of partnership or
ofjoint venture or of any association between Landlord and Tenant, and no provision contained
in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between
Landlord and Tenant other than the relationship of landlord and tenant.
27. LANDLORD'S REPRESENTATIONS: Landlord hereby covenants, warrants and
represents to Tenant that:
(a) Landlord has the sole right, legal power and authority to enter into this Lease.
(b) All required actions have been taken and satisfied by Landlord to authorize the
execution and performance of this Lease. No other proceedings or actions on the part of
Landlord are necessary to authorize this Lease or to carry out the transactions contemplated
hereby: This Agreement constitutes the legal, valid and binding obligation of Landlord
enforceable against Landlord in accordance with its terms.
(c) The individual(s) executing this Lease, on behalf of Landlord, has (or have) the
full right, legal power and actual authority to bind Landlord to the terms and conditions hereof.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first written above,
NORMA. REM
01
Actingof the Council
APPROVED AS TO FORM
Sonia R, Carvalho
City Attorney
By: 14 /►'v. TA �
JohW. Funk
Assiant City Attorney
APPROVAL
Executive erector
Public WorVs Agency
CITY OF SANTA ANA
Steven A. Mendoza
Acting City Manager
SRX Engineering
By: Sherry Kirkpatrick
Title: President
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EXHIBIT A -PREMISES
FIFTH FLOOR PLAN
SCALE: 1/8"=1'-0"
12
EXHIBIT B
ADDITIONAL LEASE CONDITIONS
+ SARTC business hours are seven days a week from SAM to midnight and there is on-site security
24/7. If tenant needs to access tenant space during non -business hours they will need to contact
the security guard on duty at 657-236-9293 or 657-236.9266.
• Tenant must provide SARTC Property Management Office with a point of contact for regular
business hours and after hours.
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EXHIBIT C
DAILY MAINTENANCE TASKI
General Cleanina
Remove all litter found and clean unsightly soil from building, fixtures, walls, door frames, doors and other surfaces.
Remove any spilled liquids or solids. Remove carpet stains. Pick up any towels from the floor or counters within looker
rooms and fitness center, placing towels in the proper receptacle.
Dusting Building. Surfaces
Remove all dust, lint, cobwebs, debris, dry soil, etc. from the surface of ledges, window sills, looker tops and fire
extinguishers. This shall Include counter tops, walls, ceilings, door frames and sills, light switches, pictures, partitions,
rails and other types of fixtures and surfaces which are not considered as furniture surfaces. This includes atrium wood
ledges and specialty equipment such as test equipment, computers, typewriters, calculators, etc., which are located
anywhere between the floor surface and up to nine (9) feat In height. Dusting shall be accomplished by the removal of
loose soil from the area - not by moving it from one surface to another.
Swot Cleaning of Building Surfaces. Furniture and Fixtures
Clean to remove smudges, fingerprints, marks, streaks, tape, etc., from the surface of ledges, windows and sills, fire
extinguishers, counter tops, walls, light fixture holders, coiling vents, doors, door frames and sills, pictures, partitions, rails
and other types of fixtures and surfaces. This would Include all Items from the floor surface up to 11 feet in height.
Special eare is to be taken to not permanently mar scratch or discolor any surface.
Emwtyln of f all Trash and Ash Receptacles
All wastebaskets, cigarette ash receptacles and other trash containers shall be emptied and returned to their initial
location. This shall include those located In patio, balcony and parking areas, as well as any placed outside entry doors.
Receptacles are to be cleaned as need each time. Boxes, cans, papers and other containers marked "trash" (or are
obviously trash) shall be removed. Cardboard boxes and cartons are to be broken down flat. All collected waste from
such receptacles shall be removed from the area and deposited in a designated dumpster or other receptacle in such a
manner so as to prevent the adjacent area from becoming littered by said trash. Soiled or torn trash receptacle liners
shall be replaced with a new liner. Liners shall be replaced in such a manner so as to present a neat and uniform
appearance. Clean around the large trash bins in the Ross Annex Parking Garage.
Swot Cleaning of Trash Receptacigs
Remove non -permanent stains and soil from the interior and exterior surfaces of trash receptacles.
Outlilde patiea, palconlgs ang Building Entrvways
Remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This would Include cleaning
the exterior of glass and metal doors, door thresholds and hardware. Remove any litter, cigarette butts or bird droppings,
Lntraggq Class, Mirrors and Wgrkatation Glass
Thoroughly clean both sides of all surrounding building entry door glass and entry doors for a uniform appearance free of
all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and/or tape, Clean all mirrors in restrooms, locker
reoms and fitness center in the same manner as noted above. Spot clean workstation and/or partition glass daily as
needed.
FON Mol 1M. ;WMM7=WM
Remove all obvious soil, streaks, smudges, etc., from the hardware, Including the spouts and drain. After cleaning and
disinfecting, the entire drinking fountain and/or sink (Includes all sinks In coffee rooms and lounges) shall be free of
streaks, stains, spots, smudges, scale, and other removable soil. Oil Is not to be used to polish metal fixtures. If needed,
lime -away or a similar product shall be used to eliminate hard water build-up.
14
DAILY MA,jNT -NANCE TASKS
Mah Basins. feta. Urinals and Showers
Apply a germicidal detergent solution to all surfaces of wash basin, toilets, toilet seat hinges, pipes, urinals, showers and
adjacent surfaces. Remove soil from all surfaces of these fixtures and adjacent surfaces. Dry all metal surfaces of
faucets, handles, valves, etc. Shower wall, floor and door soap scum, mold and mildew shall be removed daily and drain
screens cleaned of hair and lint. De -scale toilets and urinals to remove scum, mineral deposits, rust stains, etc. Oil is not
to be used to polish metal fixtures.
milimunp cT uisnonsers
Check and refill each toilet paper, soap, paper towel, toilet seat cover and feminine hygiene dispenser. The supplies shall
be placed in the dispensers to accordance with the supplies and dispenser manufacturer's directions. Soap dispensers
and adjacent surfaces shall be wiped to remove spillage. Gare shall be taken so as not to damage, dent or bend
dispensers.
Floor : -ins
Clean all floor drains and remove corrosion and tarnish.
Sptra_ngg Mets
Remove moisture, wet or dry soil, and any debris from carpeted, rubber and/or other material mats. Ensure mats are
properly positioned on the floor.
Vacuumina of Carpeted Fjoers
Remove visible and hidden soil and debris from the carpet surface and from within the carpet pile. Chairs, trash
receptacles, power cords, boxes and other such items shall be tilted or moved where necessary. Special attention shall
be paid to corners, along the walls and under/between furniture to ensure carpet is thoroughly cleaned In all areas. The
carpet shall be free of all visible soil and litter.
Vaguumina of All Fabric Furniture Surfaces
Remove all dust, debris, lint, hair, litter and dry soil from all fabric surfaces of chairs, couches, work station partitions and
other furniture with fabric covering.
S:talrr Removal on Carpet, Unholsterv. PartitjonPanels and Walls
Clean and/or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain
Is a coffee spill, use a contractor -supplied product similar to Interface Coffee Breaker and follow the manufacturer's
recommended procedures. Spot clean as necessary to correct soiled area.
Mogp 00 of NonrCarneted Floors
Remove soil, hair, dust and debris from non -carpeted floors. Trash receptacles and other such small items shall be
moved as necessary and returned to their appropriate location. All accessible areas of the floor shall be damp mopped.
Care shall be taken to prevent splash end mop streaks from being visible on furniture legs, doors, etc. "Caution Wet
Floor" safety warning signs shall be placed so as to provide sufficient safety measures. After a floor has been damp
mopped it shall have no puddiod water and be free of soil, stains, debris, streaks and swirl marks. All wet floor signs shall
be removed and put away when the floor is sufficiently dry to be safe for use.
fectina.of Restrooms Furnf
Damp wipe and disinfect all non -wood hard surfaces of furniture, fixtures, walls, partitions, doors and lockers. Special
care shall be taken to ensure these surfaces are net scratched, damaged or stained. In Parks locations, remove all graffiti
from walls, doors, partitions, etc. Check for stoppages and plunge as needed, Immovable stoppages shall be
Immediately reported to 714-647.6523 , or sreafienc@santa-ana.ora or fagullarOsanta-ana.om.
15
DAILY MAINTENANCE TASK$
Clggning of Wood f=urniture and Surfaces
Thoroughly clean to remove smudges, fingerprints, marks and streaks from wood surfaces while ensuring to not scratch
or mar surfaces.
Clealnina of Lunch; Break Rpems
Included In this contract are all lunch and break rooms, Including the kitchen and cooking area, dishwashing area,
restrooms, eating areas, vending machines, hallways, glass and painted doors, unlocked storage closets, microwave
ovens and refrigerators. Wipe clean the Inside of all microwave ovens to remove any crumbs and/or spills. Areas shall be
cleaned so that grease, dirt, food particles, trash and other Niter are thoroughly removed from surfaces. These areas are
to remain a healthy and clean environment for use by City employees on a daily basis.
Fitness Center Exercise Eaulpmen,�
Wipe down all metal to polish off shoe marks and sweat stains. Clean upholstery and wipe off shroud and side ralls of the
treadmills, as well as the consoles on treadmills and other machines, Clean the elliptical trainers, ski machines, bikes and
stair stepper machines to remove sweat and stains. Clean out the tracks of the elliptical trainer with a dry towel only.
Clean tops of any rubber mats and under each treadmill by extra•vaouuming up the dust and black motor powder residue.
SPE91. NOTICES
All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be
returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning
underneath or around them shall be returned to their appropriate location.
Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work
areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is
complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such
as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would
warrant placement of such signs, Signs are to be picked up and stored in the appropriate Janitor room once the condition
no longer exists to warrant such signs.
In
WEEKLY MAINTENANCE TASKS
Spray and Buffing of Hard Floors
Clean and restore a uniform glass and protective finish to resilient file or terrazzo floors that are finished with a floor finish.
All chairs, trash receptacles, etc., shall be tilted or moved where necessary to spray buff underneath. The entire floor
shall have a uniform coating of floor finish. All spray buff solution shall be removed from baseboards, furniture, trash
receptacles, etc.
QUiliting of §11nds and Draperies
Clean all blinds, shades and draperies, Care shall be taken not to spread dust into the air.
usting of Ceiling. Atrium Ledges, Lunchroom Drywall Lgdass and HVAC Watt Vents
Clean all HAVAC vents and area immediately surrounding them. Dust all atrium ledges at the glass/wood railing areas
and at the atrium stairs, Dust lunchroom drywall edges. Care shall be taken not to spread dust Into the air.
High Ousting
Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the floor surface. This would
Include lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents,
etc. Care shall be taken not to spread dust Into the air.
Ross Annex Parking Garage
Inspect for and remove any gum from garage floor.
SPECIAL NOTICES
All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be
returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning
underneath or around them shall be returned to their appropriate location.
Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work
areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is
complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such
as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would
warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition
no longer exists to warrant such signs.
17
NOTE: Some Items In this section are noted(*) as being performed at intervals other than monthly.
Respondents are instructed to calculate those costs Into monthly figures for bidding purposes,
Carpeted Floors
Pile lift carpet floors In all areas.
CCarp9tod Floors - BI-Monihly"
Spin bonnet all carpeted floors every two (2) months. "(calculate to monthly cost for bidding purposes)
January; March; May; July; September and November
Carpgtilgi Floors -Semi -Annually"
Extract clean carpeted floors two (2) times per year. "(calculate to monthly cost for bidding purposes)
April and October
Tile Floors
Spray buff all the floors.
Tile floors - Quarterly"
Strip and wax all the floors quarterly. "(calculate to monthly cost forbidding purposes)
boss Annex Parking Garage — Annuai[Y'
Clean the garage floor using West E=xtractor. Work to be performed after business hours at night or on weekend.
"(oa/oefate to monthly cost for bidding purposes)
SPECIAL NO ICES
All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be
returned to Its appropriate location. All Items such as trash receptacles or desk chairs that are moved to enable cleaning
underneath or around them shall be returned to their appropriate location.
Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work
areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is
complete, equipment Is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such
as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would
warrant placement of such signs. Signs are to be picked up and stored in the appropriate Janitor room once the condition
no longer exists to warrant such signs.
a]