630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 1
EXHIBIT A
COUNTY OF MONTEREY
LEASE AGREEMENT
LEASED PREMISES: 630 Fifth Street
Gonzales, California, 93926
DEPARTMENT: Monterey County Free Libraries
LESSOR: City of Gonzales
147 Fourth Street, Gonzales, California, 93926
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COUNTY OF MONTEREY
LEASE AGREEMENT
PREAMBLE
THIS LEASE AGREEMENT (hereafter, “Lease” or “Lease Agreement”) is made by and between CITY OF GONZALES ("LESSOR") and the COUNTY OF MONTEREY ("LESSEE"), a political subdivision of the State of California (“LESSEE”) (sometimes collectively referred to as the “Parties” and singularly as the “ Party”) for the Monterey County Free Libraries (MCFL) as of the date opposite the respective signatures below (the Execution Date”), and effective as of the “Lease Commencement Date” as defined in Section 2.1 “Lease Term”.
WHEREAS, LESSOR is constructing the Dennis and Janice Caprara Community Center Complex (“Community Center”) located at located at 620-630 Fifth Street in Gonzales, CA. It will include a new Library facility of approximately 5,000 square feet in its First Phase of construction. The First Phase will also include a Teen Innovation Center, a conference room, restrooms, a courtyard and an amphitheater.
WHEREAS, LESSEE proposes to maintain, operate and provide library services at the new Library facility and will provide cost share funding in return for no cost lease during the agreed upon initial lease term.
WHEREAS, the Parties understand and agree the following Lease Exhibits are incorporated by this reference:
EXHIBIT A1 DESCRIPTION OF PREMISES (FLOOR PLAN)
EXHIBIT A2 COMMUNITY CENTER SITE PLAN
EXHIBIT B STATEMENT OF SEISMIC ADEQUACY
EXHIBIT C SUMMARY OF SERVICES AND UTILITIES
EXHIBIT D SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES
EXHIBIT E CUSTODIAL SERVICE SPECIFICATIONS
EXHIBIT F REMEDIATION CONTRACTOR SPECIFICATIONS
EXHIBIT G SERVICE CONTACT LIST
EXHIBIT H PROP 65 WARNING
EXHIBIT I LEASE COMMENCEMENT AGREEMENT
LESSOR and LESSEE hereby agree as follows:
ARTICLE 1 – PREMISES
1.1 Description: LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, upon the terms and conditions herein set forth, that certain real property and its appurtenances, situated at 630 Fifth Street in Gonzales, California and described as follows: Public Library consisting of approximately 5,000 square feet of space, (the "Premises"), as designated in EXHIBIT A1 - DESCRIPTION OF PREMISES - Current Basic Floor Plan, which is attached and incorporated by this reference. The term “square feet” shall be defined and measured from the outside finished surface of permanent outer building walls and to the center of the existing interior or common walls and does not include any portions of the roof, attic or crawl space.
1.2 Common Areas: LESSEE shall also have rights to use at mutually agreed upon times, any and all of the following areas which may be appurtenant to the Premises: Common entrances, lobbies, and access ways, loading and unloading areas, visitor parking areas, ramps, drives, platforms, restrooms, and common walkways and sidewalks necessary for access to the Premises, and any other public or common area located within or appurtenant to the building or complex (collectively, the “Common Area”).
1.3 Parking Areas: LESSEE shall have the right to use unreserved vehicle parking spaces appurtenant to the Premises as detailed on EXHIBIT A2 – COMMUNITY CENTER SITE PLAN, which is attached and incorporated by this reference.
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1.4 Compliance with the "Americans with Disabilities Act of 1990" (ADA): LESSOR shall ensure that the Premises are in compliance with the Americans with Disabilities Act of 1990 ("ADA"), as may be amended from time to time, and, if necessary, prior to the Commencement Date, shall modify the Premises to comply with the Act and the regulations promulgated to implement the ADA requirement.
1.5 Compliance with “No Smoking Law” (2003 Assembly Bill 846): LESSOR shall ensure that the Premises and the nonexclusive areas of the building as described in Article 1.2 are in compliance with Government Code Title 1, Division 7, Chapter 32 (commencing with section 7596), as amended, and, if necessary, prior to the Commencement Date, shall modify the Premises to comply with the law and the regulations promulgated to implement 2003 Assembly Bill 846.
Notwithstanding the foregoing, LESSEE shall be responsible for ensuring that LESSEE’s employees, agents, contractors and invitees comply with the foregoing statutes and regulations. If necessary, LESSEE shall provide LESSOR with appropriate signage for LESSOR to install at the Premises.
ARTICLE 2 - TERM
2.1 Lease Term: The Term of this Lease (the “Lease Term”) shall be for a period of twenty (20) years, commencing upon (i) issuance of a certificate of occupancy for the Premises, by the City of Gonzales and (ii) the date of LESSEE’s final walkthrough of the Premises, whichever is later (“Lease Commencement Date”). The Lease Term shall expire twenty (20) years from the Lease Commencement Date, with such rights of termination or extension set forth herein.
Within thirty (30) days after the occurrence of both (i) and (ii), LESSOR and LESSEE shall execute a separate Lease Commencement Agreement letter (“Lease Commencement Agreement”), which shall confirm the actual Lease Commencement Date and the Lease Expiration date. A copy of the Lease Commencement Agreement is attached as Exhibit I – LEASE COMMENCEMENT AGREEMENT to this Lease.
2.2 Extended Term: This Lease may be extended, upon mutual agreement of the Parties, for two additional terms of not more than ten (10) years each, unless either Party gives the other written notice at least eighteen (18) months in advance of the end of the term that it has determined not to extend the Lease. Any extension shall be conditioned upon: 1) The absence of LESSEE’s default as to any material provision in the Lease, and, 2) LESSOR’s right to charge, and LESSEE’s willingness to pay, not more than the fair market value of the Premises as determined by a mutually agreed upon appraiser, the cost of which the Parties will share on a equal basis.
ARTICLE 3 – FINANCIAL CONTRIBUTION
3.1 Rent: In consideration of the LESSEE’s financial contribution in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00) for design and construction of the new facility. The LESSOR shall not charge the LESSEE rent during the Initial Lease Term for LESSEE’s use of the Premises so long as the Premises are used for the intended purpose as described in Article 10.1. In addition, LESSEE shall contract and pay directly to its vendors for its responsibilities as outlined in EXHIBIT C–SUMMARY OF SERVICES AND UTILITIES which is attached and incorporated by this reference and EXHIBIT D SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES which is attached and incorporated by this reference.
ARTICLE 4 – FURNITURE FIXTURES AND EQUIPMENT
LESEE shall provide its own library furniture, fixtures and equipment (FF&E). LESSOR will also install all the infrastructure conduits and conductors, for “plug-in ready” of library equipment. More specifically:
1) LESSEE will be responsible for providing all Library FF&E. This may include utilizing existing furniture and purchasing select new fixtures and equipment – moving the library and its equipment is the responsibility of LESSEE. LESSEE shall be responsible for hiring all movers at LESSEE’s cost. LESSOR shall coordinate with LESSEE’s contractor to provide an appropriate moving window. 2) LESSEE to pursue and arrange for internet connectivity for the library building & library site improvements.
LESSOR will pursue and arrange for internet service for rest of Community Center. 3) LESSOR has pursued and obtained a State library grant for life safety and ADA improvements. LESSOR is grantee and will handle management of the California State Library Building Forward grant. LESSEE will handle library operations.
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4) LESSEE has obtained Board budget approval for library funding for its pro rata share of construction, technology and FF&E contributions and costs.
ARTICLE 5 - TERMINATION BY LESSOR AND LESSEE
During the term of this Lease or any extension thereof, either Party may terminate the Lease by giving the other Party written notice at least eighteen (18) months advance notice of the effective date of termination.
ARTICLE 6 - NOTICES
All notices or correspondence provided for herein shall be effective only when made in writing, personally delivered or deposited in the United States mail, certified, postage prepaid, return receipt requested, and addressed as follows:
To LESSOR: City of Gonzales To LESSEE: County of Monterey c/o City Manager PWFP-Real Property Section
147 Fourth Street
Gonzales, California, 93926
c/o Real Property Specialist
1441 Schilling Place, South Bldg.
Phone: 831-675-5000 Salinas, California 93901
Email: [email protected] Phone: 831-755-4800
Email: [email protected]
Any notice or correspondence shall be deemed delivered upon personal delivery or upon receipt if mailed.
Correspondence other than notices may be given by phone, regular mail, email or facsimile. Any correspondence sent by facsimile shall also be sent by United States mail if requested by either Party. By written notice to the other, either Party may change its own mailing address or correspondence information.
LESSOR may be contacted by LESSEE by phone or email during regular business hours, and for after-hour needs and weekends, the on-call Public Works staff for the LESSOR can be reached at (831) 580-7139.
LESSEE shall be available to LESSOR, by phone during regular business hours, and for emergencies after hours and on weekends. LESSEE shall subscribe to a 24-hour, seven (7) days a week emergency answering service that maintains contact phone numbers of key personnel or maintenance/service companies in the event of an emergency.
Emergency answering service phone number for LESSEE is 831-212-0378 (Public Works Facilities after hours “on call” staff).
ARTICLE 7 - PREMISE IMPROVEMENTS
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ARTICLE 8 - PUBLIC WORKS LAWS
Pursuant to California Labor Code Section 1720.2, as applicable, any construction work done under private contract to improve the space to be leased by the County of Monterey for government services may be considered a “public work” when all of the following conditions exist: a) The construction contract is between private persons. (b) The property subject to the construction contract is privately owned, but upon completion of the construction work, more than fifty percent (50%) of the assignable square feet of the property is leased to the state or a political subdivision for its use. (c) Either of the following conditions exist: (1) The lease agreement between the LESSOR and the state or political subdivision, as LESSEE, was entered into prior to the construction contract. (2) The construction work is performed according to plans, specifications, or criteria furnished by the state or political subdivision, and the lease agreement between the LESSOR and the state or political subdivision, as LESSEE, is entered into during, or upon completion of, the construction work.
If applicable, LESSOR shall comply with provisions of law governing public works including, without limitation, California Labor Code Sections 1773, 1773.2, 1773.3, 1773.8, 1775 (payment of prevailing wages), 1776 (payroll records), and 1777.5 (employment of apprentices) as may be amended from time to time. 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 5
ARTICLE 9 - TIME LIMIT AND PRIOR TENANCY
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ARTICLE 10 - USE
10.1 Use: LESSEE shall use the Premises as a library and for library programs serving (but not limited to) the Gonzales community.
LESSEE may reserve and use other Community Center facilities, if available, for library programs and library activities. Reservations shall be made in advance with the designated coordinator.
10.2 Compliance with Laws: LESSOR represents and warrants to LESSEE that, to the best of LESSOR's knowledge, the construction (including all LESSOR constructed Premise Improvements), the current and proposed uses, and the operation of the Premises and Common Area are or will be in full compliance with applicable building, environmental, zoning and land use laws, and other applicable local, state and federal laws, regulations and ordinances. LESSOR absolves LESSEE of legal or other responsibility for any code violations or other deviations from applicable local, state and federal laws, regulations and ordinances as may be listed above. Said absolution excludes LESSEE installed improvements to the Premises such as phone/data cabling, support equipment, trade fixtures, and any other equipment installed by LESSEE and used to meet LESSEE’s operational needs.
10.3 Hazardous Substances: LESSEE shall have no liability or responsibility for toxic or hazardous materials or substances in existence on the Premises or which result from LESSOR's acts or omissions or which occur on any portion of LESSOR's property not occupied by LESSEE, in each case unless, and only to the extent, caused by LESSEE. LESSOR will comply with all applicable laws concerning the handling and removal of any hazardous materials, including asbestos or polychlorinated biphenyl (PCB) containing materials. LESSOR warrants, to the best of LESSOR’s actual knowledge, that at the time of execution of this Lease, there are no known areas on LESSOR's property where hazardous or toxic materials or substances (including asbestos or PCBs) have been used, stored, or deposited. Nothing in this Lease shall be taken as LESSEE’s assumption of any duty or liability not otherwise imposed by law.
10.4 Environmental Hazards – Remediation Contractor Specifications: LESSOR hereby warrants and guarantees that the Premises and Common Areas will be maintained free of all Environmental Hazards (including hazards related to asbestos, leads, toxic mold spores or PCBs) and agrees to survey, test, and abate as applicable and in accordance with Environmental Protection Agency (“EPA”) guidelines. A qualified industrial hygienist, selected by LESSOR from Exhibit G, shall perform all testing and development of an abatement work plan as deemed necessary, with the test results/reports/plans forwarded to LESSOR and LESSEE upon completion. LESSOR further agrees to contract with a qualified remediation contractor to provide remediation services as specified in EXHIBIT E – REMEDIATION CONTRACTOR SPECIFICATIONS on an as needed basis. LESSOR specifically agrees that any costs related to abatement of Environmental Hazards shall be the LESSOR’s responsibility unless, and only to the extent, caused by LESSEE, its agents, employees, invitees or guests.
LESSEE shall immediately notify LESSOR of any suspected appearance of toxic mold spores and of any conditions (such as excessive moisture) that may lead to the appearance of toxic mold spores, and LESSOR agrees to investigate same.
LESSEE may request that LESSOR hire a qualified industrial hygienist to perform indoor air quality testing/surveying for the Premises and the Common Areas of the building as described in Article 1.2 with the understanding that if test results reveal that unacceptable levels (as determined by EPA guidelines) of Environmental Hazards are not present, LESSEE will reimburse LESSOR the cost of the testing within thirty (30) days of receipt of an invoice from LESSOR.
By providing for and requesting air quality testing, LESSOR’s duties and obligations are not diminished and LESSEE does not assume or agree to share in LESSOR’s duties and obligations in respect of maintenance of the Premises.
10.5 Acceptance of Premises: By entry hereunder, LESSEE accepts the Premises as being in good and sanitary order, condition and repair.
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ARTICLE 11 - SIGNS AND FIXTURES
LESSEE may place such signs and advertisements upon the Premises as LESSEE may desire, subject to compliance with applicable law and approval by the LESSOR, provided however, that at the expiration of the term hereof or any renewal or extension of this Lease, LESSEE will remove said signs and will repair any damage caused by such removal.
Any trade fixtures, equipment, furniture, demountable walls, and other property installed in the Premises by and at the expense of the LESSEE shall remain the property of the LESSEE. LESSOR agrees that the LESSEE shall have the right at any time, and from time to time, to remove any and all of its trade fixtures, equipment and other property which it may have stored or installed in the Premises, at LESSEE’s sole discretion, provided that LESSEE repairs any damage caused by such removal at its own expense. LESSEE’s right to remove property described in the immediately forgoing sentence shall become an obligation of LESSEE at the expiration or earlier termination of the Lease Term. The LESSOR agrees not to mortgage or pledge the LESSEE's trade fixtures, equipment and other property owned by LESSEE.
ARTICLE 12 - SERVICES AND UTILITIES
Services and utilities shall be furnished and the cost borne as outlined in EXHIBIT C - SUMMARY OF SERVICES AND UTILITIES. As stated in EXHIBIT C, the term “adequate” shall mean sufficient enough to ensure the health, safety and general well-being of the occupants or invitees of the Premises; the term “deemed necessary” shall mean that LESSOR and LESSEE are in agreement that appropriate action needs to be taken to ensure the health, safety and general well-being of the occupants and or invitees of the Premises.
ARTICLE 13 - REPAIR AND MAINTENANCE
13.1 LESSOR and LESSEE Obligations: The respective repair and maintenance responsibilities of LESSOR and LESSEE are set forth in EXHIBIT D – SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES.
As stated in EXHIBIT D, or elsewhere in this Lease, the term “deemed necessary” shall mean that LESSOR and LESSEE are in agreement that appropriate action needs to be taken to ensure the health, safety and general well-being of the occupants and/or invitees of the Premises.
13.2 Negligent Acts or Omissions of LESSEE: Notwithstanding the foregoing, LESSEE will pay to LESSOR upon demand the reasonable cost of any repairs or maintenance required as a direct result of negligent acts or omissions, or which is otherwise the fault, of LESSEE.
13.3 Failure of LESSEE to Make Repairs: If LESSEE refuses or neglects to maintain the Premises or to make repairs as required by EXHIBIT D as soon as possible after written request, (except no written demand shall be required in situations LESSOR determines are emergencies), LESSOR may, upon thirty (30) days prior written notice to LESSEE (except that no notice shall be required in situations LESSOR determines are emergencies), perform such maintenance or repairs at its expense and LESSEE shall thereafter reimburse LESSOR for all costs of repair and/or maintenance within thirty (30) days of receipt of invoice or invoices for such work. The Parties agree that emergency maintenance or repair work is work that is necessary to carry out on an expedited basis in order to protect the health and safety of persons or public property.
Notwithstanding the advance notice waiver referenced above, LESSOR shall make a good-faith effort by telephone or electronic mail to contact LESSEE before commencing emergency work. For purposes of this Agreement, the definition of emergency or emergencies shall refer to immediate or imminent threat to life, health, safety, significant or irreversible damage to personal or real property.
13.4 Failure of LESSOR to Make Repairs:
If LESSOR refuses or neglects to maintain the Premises or to make repairs as required by EXHIBIT D as soon as possible after written request, (except no written demand shall be required in situations LESSEE determines are emergencies), LESSEE may, upon thirty (30) days prior written notice to LESSOR (except that no notice shall be required in situations LESSEE determines are emergencies), contract to have such maintenance or repair work done by an appropriate vendor identified in EXHIBIT G- SERVICE CONTRACT LIST, a copy of which is attached hereto an incorporated herein by this reference, at its expense. LESSOR shall thereafter reimburse LESSEE for all costs of repair and/or maintenance within thirty (30) days of receipt of invoice or invoices for such work. The Parties agree that emergency maintenance or repair work is work that is necessary in carry out on an expedited basis in order to protect the health and safety of persons or public property. Notwithstanding the advance notice waiver referenced above, LESSEE shall make a good-faith effort by 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 7
telephone or electronic mail to contact LESSOR before commencing emergency work.
13.5 LESSOR/LESSEE Obligations in Applying Noxious Substances: LESSOR, its officers, employees, and agents shall not apply or install any substance as part of any building construction, remodel, renovation, maintenance or repair which would cause an injurious, unsafe or hazardous condition to occupied spaces without prior notification of the LESSEE. Prior notification and approval shall be made at least 48 hours prior to the desired application or installation time to the LESSEE as identified under Article 6. Also, a Product Safety Data Sheet shall be furnished by the proposed applicator or installer to the LESSEE. Examples of such substances or materials may include, but are not limited to, the following:
a. Termite Control Materials
b. Pesticides
c. Paint (excluding routine minor touch up in the common areas) d. Water Treatment Chemicals
e. Carpeting, Pressed Wood Products, Insulation, Plastics and Glues f. Texture and Joint Compounds
g. Roofing Material
h. Construction Cleaning Solutions
i. Any other substance that is or could be construed as hazardous (excluding common janitorial cleaning supplies)
In the event of any building construction, remodel, renovation, maintenance or repair to the Premises or other areas to the building which the Premises is a part of, LESSOR, to the best of LESSOR’s ability, shall exercise precautionary and protective measures to ensure the health, safety and general well-being of the occupants and or invitees of the Premises. Examples of precautionary and protective measures may include, but may not be limited to:
a. Isolating or disconnecting heating ventilation and air-conditioning (HVAC) systems. b. Performing work on the weekends and/or outside normal business hours. c. Installing appropriate plastic containment systems for egress and egress to and from the building construction, remodel, renovation, maintenance or repair area.
d. Using a HEPA vacuum to clean up dust and debris from the Premises after work is done. e. Compliance with the United States Department of Labor, Occupational Safety and Health Administration (OSHA) and State of California, Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) regulations.
No activities shall be taken (or fail to be taken) that would violate any Federal or Cal OSHA standards.
ARTICLE 14 - SERVICE COMPANIES
Within ten (10) days after occupancy of the Premises by LESSEE, LESSOR shall give LESSEE a list (see EXHIBIT G – SERVICE CONTACT LIST) of the names, addresses and telephone numbers of any vendors or service providers that LESSOR has predetermined are authorized to contract for LESSOR's responsibilities under EXHIBIT C - SUMMARY OF SERVICES and EXHIBIT D - SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES of this Lease.
ARTICLE 15 - ALTERATIONS
15.1 Alterations: No alterations or improvements shall be made to the Premises by LESSEE or at LESSEE's request without the prior written consent of LESSOR.
15.2 Condition at Termination: Upon termination of this Lease, LESSEE shall return the Premises in the same condition as when delivered to LESSEE, reasonable wear and tear, and damage by casualty, and alterations approved by LESSOR excepted.
ARTICLE 16 - ASSIGNMENT AND SUBLETTING
LESSEE shall not assign or sublet all or any portion of the Premises without the prior written consent of LESSOR. 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 8
ARTICLE 17 - ENTRY BY LESSOR
LESSEE shall permit LESSOR and LESSOR's agents, employees, lenders and contractors to enter the Premises for any lawful purpose, with reasonable advance notice (except in the case of emergency), provided such entry is made in a reasonable manner and does not unreasonably interfere with the conduct of LESSEE's business.
LESSOR recognizes and understands that LESSEE’s services, identity of clients, and records relate to a confidential relationship between the LESSEE and its clients, and LESSOR agrees that, in its interaction with LESSEE, its clients and records, whether through itself, its employees, or its agents, LESSOR will maintain such confidences as might become available to it and not release or divulge such confidential identities, information, or records.
ARTICLE 18 - INSURANCE AND INDEMNIFICATION
LESSEE, during the term hereof, shall indemnify and hold harmless the LESSOR, its elected and appointed officials, employees and agents from and against any and all claims and demands whether for injuries to persons or loss of life, or damage to property, occurring within the demised Premises and arising out of the use of the demised Premises by the LESSEE, its agents, contractors, employees, invitees or guests excepting however, such claims and demands whether for injuries to persons or loss of life, or damage to property, to the extent caused by acts or omissions of the LESSOR.
LESSEE shall maintain public liability and property damage coverage or program of self-insurance with liability limits of not less than $2,000,000 for injury or death to one (1) or more persons and property damage limits of not less than $1,000,000 per occurrence insuring against all liability of LESSEE and its agents, employees, or other authorized representatives arising out of and in connection with LESSEE'S use or occupancy of the Premises. LESSOR, its elected and appointed officials, employees and agents must be listed as additional insureds on all insurance policies.
LESSOR, during the terms hereof, shall indemnify, defend and hold harmless the LESSEE from and against any and all claims and demands whether for injuries to persons or loss of life, or damage to property, arising out of acts or omissions of the LESSOR, its agents, employees, and its elected and appointed officials, and other authorized representatives, excepting however, such claims and demands whether for injuries to persons or loss of life, or damage to property, to the extent caused by acts or omissions of the LESSEE.
ARTICLE 19 - DESTRUCTION
If the Premises are totally destroyed by fire or other casualty, either Party may terminate this Lease immediately by giving notice to the other Party.
If such casualty shall render ten percent (10%) or less of the floor space of the Premises unusable for the purpose intended, LESSOR shall effect restoration of the Premises as quickly as is reasonably possible, but in any event restoration shall begin within thirty (30) days after such destruction.
If such casualty shall render more than ten percent (10%) of such floor space unusable but not constitute total destruction, LESSOR shall forthwith give notice to LESSEE of the specific number of days required to repair the same.
If LESSOR under such circumstances does not give such notice within fifteen (15) calendar days after such destruction, or if such notice shall specify that such repairs will require more than one hundred twenty (120) days to complete from the date such notice is given, LESSEE, in either such event, at its option, may terminate this Lease In the event of any such destruction other than total, where LESSEE has not terminated the Lease as herein provided, LESSOR shall diligently prosecute the repair of the Premises and, in any event, if said repairs are not completed within sixty (60) calendar days from the work commencement date, for destruction aggregating ten percent (10%) or less of the floor space, or within the period specified herein in connection with partial destruction aggregating more than ten percent (10%), LESSEE shall have the option to terminate this Lease. LESSEE shall assist LESSOR with obtaining all applicable building permits if necessary.
LESSOR and LESSEE understand that, in circumstances for which a building permit is required, work cannot commence before a building permit is obtained. Time deadlines set forth herein shall not commence before required permits are issued. LESSOR warrants to diligently pursue issuance of said permits. 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 9
ARTICLE 20 - DEFAULT BY LESSEE
20.1 Default: If any of the following events occur, each such event shall constitute a material breach of this Lease, and LESSOR may, at LESSOR's option, exercise any or all rights available to a LESSOR under the laws of the State of California:
a. A default in the payment of rent or other obligation when such default continues for a period of thirty (30) days after written notice from LESSOR to LESSEE of such default, or b. LESSEE fails to faithfully perform or observe any other covenant or undertaking required under this Lease and such failure continues for a period of thirty (30) days after written notice thereof from LESSOR to LESSEE of such default or, if such default is not reasonably curable within such thirty (30) day period, LESSEE fails to commence to cure such default within such thirty (30) day period and thereafter fails to diligently pursue such cure to completion, or
c. LESSEE is adjudicated bankrupt, or
d. LESSEE'S lease interest is sold under execution of judgment.
20.2 Remedies: If LESSEE fails to cure a default within the time frames outlined above, if any, LESSOR shall have the option to cure the default, if curable, and terminate this Lease in addition to any other remedies at law not inconsistent herewith. Should LESSOR elect to cure the default, all costs associated with such cure, including reasonable attorneys' fees incurred and awarded as a result of any legal action or proceeding brought to enforce or interpret this Lease Agreement (if any), shall be reimbursed by LESSEE to LESSOR, within thirty (30) days of receipt of LESSOR'sinvoice for said costs which shall be accompanied by invoices and receipts to document LESSOR’s costs to cure said default, and by any Court Order awarding reasonable attorney’s fees incurred to cure said default.
ARTICLE 21 - DEFAULT BY LESSOR
21.1Default: LESSOR shall not be in default unless LESSOR fails to perform its obligations under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by LESSEE to LESSOR specifying wherein LESSOR has failed to perform such obligations. If the nature of LESSOR's obligation is such that more than thirty (30) days are required for performance, then LESSOR shall not be in default if LESSOR commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. LESSEE'S obligation to provide written notice to LESSOR of a default by LESSOR is limited to those instances where knowledge of LESSOR's default is within the actual knowledge of LESSEE.
21.2 Remedies: If LESSOR fails to cure a default within the time periods outlined above, LESSEE shall have the option to cure the default, if curable, or to terminate this Lease, in addition to any other remedies at law not inconsistent herewith.
Should LESSEE elect to cure the default, all costs associated with such cure, including reasonable attorneys' fees incurred and awarded as a result of any legal action or proceeding brought to enforce or interpret this Lease Agreement (if any), shall be reimbursed by LESSOR to LESSEE within thirty (30) days of receipt of LESSEE's invoice for said costs which shall be accompanied by invoices and receipts to document LESSEE’s costs to cure said default, and by any Court Order awarding reasonable attorney’s fees incurred to cure said default.
ARTICLE 22 - CONDEMNATION
If more than ten percent (10%) of the floor space area of the Premises is taken or condemned for a public or quasi-public use, or the part taken renders the entire Premises insufficient for the conduct of LESSEE’s business and operations, then this Lease shall terminate at the option of LESSEE as of the date title shall vest in the condemner. If only part of the Premises is taken and the remainder of the Premises is sufficient for the conduct of LESSEE’s business and operations, then LESSOR shall restore the Premises to a single architectural unit and the Lease shall continue as to the part not taken, but the monthly rent shall be reduced in proportion that the rentable area of the Premises taken bears to the rentable area of the Premises before the taking.
ARTICLE 23 - HOLDING OVER
If LESSEE, with LESSOR’s written consent, remains in possession of the Premises after the Lease Term or any Extended Term, this Lease shall automatically be extended on a two (2)month to two (2) month basis at the monthly rent applicable to the last month of the Lease Term or Extended Term, subject to termination upon sixty (60) 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 10
days' written notice by either Party. All other terms and conditions shall remain in full force and effect.
ARTICLE 24 - WAIVER
Any waiver of any term or condition of this Lease must be in writing and signed by LESSEE and LESSOR. The waiver by LESSOR or LESSEE of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition, nor shall either Party consent to any breach of any term, covenant or condition, nor shall either Party be deemed to constitute or imply its consent to any subsequent breach of the same or other term, covenant or condition herein contained.
ARTICLE 25 - QUIET POSSESSION
LESSEE shall at all times during the term of this Lease peaceably and quietly have, hold and enjoy the Premises, without suit, trouble or hindrance from LESSOR or any person claiming any interest in this Lease Agreement under LESSOR, subject to the terms of this Lease. LESSOR, to the best of LESSOR’s ability, shall also be responsible for ensuring that all other occupants in the building or complex do not interfere with the quiet enjoyment of the LESSEE.
Notwithstanding the foregoing, LESSEE acknowledges and accepts that the Premises is located within the LESSOR’s Community Center Project, and as such, will be in close proximity to a wide variety of outdoor activities, performances, presentations and pedestrian traffic normally associated with the vibrant and continuous use of such a facility.
ARTICLE 26 - SUBORDINATION
This Lease shall be subject and subordinated to the lien of any mortgages and deeds of trust which are hereafter placed against the LESSOR's interest or estate in the property provided that the mortgagor or beneficiary under such mortgage or deed of trust shall agree in writing that, in the event of a foreclosure of same or of any other such action or proceeding for the enforcement thereof, or of any sale thereunder, this Lease shall not be barred, terminated, cut off, or foreclosed, nor will the rights and possession of LESSEE hereunder be disturbed if LESSEE shall not then be in default under the terms of this Lease, and LESSEE shall attorn to the purchaser at such foreclosure, sale or other action or proceeding. The foregoing subordination shall be effective without the necessity of having any further instruments executed by LESSEE, but LESSEE shall nonetheless execute, upon demand, such further instruments evidencing such subordination as may be reasonably requested by LESSOR or any mortgagee or beneficiary.
ARTICLE 27 - ESTOPPEL CERTIFICATE
[ INTENTIONALLY LEFT BLANK]
ARTICLE 28 - MISCELLANEOUS PROVISIONS
28.1 Amendments: This Lease may be amended or modified only by an instrument in writing signed by LESSEE and LESSOR.
28.2 Time is of the Essence: Time is of the essence of each term and provision of this Lease.
28.3 Binding Effect: Subject to any provision hereof restricting assignment or subletting by LESSEE, this Lease shall bind the Parties, their personal representatives, successors, and assigns.
28.4 Invalidity: The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.
28.5 Authority: Any individual executing this Lease on behalf of LESSEE or LESSOR represents and warrants hereby that he or she has the requisite authority to enter into this Lease on behalf of such Party and bind the Party to the terms and conditions of this Lease.
28.6 Interpretation of Conflicting Provisions: In the event of conflict between this Lease and any Addendum or Exhibit attached hereto, the provisions of such Addendum or Exhibit shall control.
28.7 Successors and Assigns: This Lease and the rights, privileges, duties, and obligations of LESSEE and LESSOR under this Lease, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the Parties and 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 11
their respective successor, permitted assigns, and heirs.
28.8 Headings: The headings in this Lease are for convenience only and shall not be used to interpret the terms of this Lease.
28.9 Governing Law: This Lease shall be governed by and interpreted under the laws of the State of California.
28.10 Construction of Lease: LESSEE and LESSOR agree that each Party has fully participated in the review and revision of this Lease and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Lease or any amendment to this Lease.
28.11 Counterparts: This Lease may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one (1) and the same Lease.
28.12 Integration: This Lease, including the exhibits and addenda, represents the entire agreement between LESSEE and LESSOR with respect to the subject matter of this Lease and shall supersede all prior negotiations, representations or agreements, either written or oral, between LESSEE and LESSOR as of the effective date of this Lease.
28.13 Incorporation of Recitals: The Parties understand and agree that the preamble and recitals above are hereby incorporated into this Lease.
28.14 Consent to Use Electronic Signatures: The Parties to this Lease consent to the use of electronic signatures via DocuSign to execute this Lease. The Parties understand and agree that the legality of electronic signatures is governed by state and federal law, 15 U.S.C Section 7001 et seq.; California Government Code Section 16.5; and, California Civil Code Section 1633.1 et. seq. Pursuant to said state and federal law as may be amended from time to time, the Parties to this Lease hereby authenticate and execute this Lease, and any and all Exhibits to this Lease, with their respective electronic signatures, including any and all scanned signatures in portable document format (PDF) which may be delivered by mail, E-Mail, or Facsimile.
28.15 Cooperation: Each party will reasonably cooperate with the other in ensuring that this Lease allows each party to maximize the benefits and privileges that are granted pursuant to the terms of this Lease. In the event that any problem or issue arises with respect to the implementation or interpretation of the Lease, the Parties mutually agree to meet at the request of either of them to discuss and resolve the issue. In such event, the LESSOR’s City Manager, or his/her designee, will meet with the LESSEE’s Monterey County Free Libraries Director or his/her designee to attempt to reach a mutually satisfactory and reasonable conclusion.
ARTICLE 29 - MAJOR APPLIANCES
Installation of major appliances such as vending machines, refrigerators, stoves, etc., must be approved by LESSOR prior to installation. The LESSOR will grant installation approval for new appliances only. Such approval shall not be unreasonably withheld.
ARTICLE 30 – PROPERTY TAX EXEMPTION
[ INTENTIONALLY LEFT BLANK]
ARTICLE 31 - PUBLIC TRANSPORTATION
[ INTENTIONALLY LEFT BLANK]
ARTICLE 32 – ALTERNATE ENERGY
LESSOR and LESSEE agree to work together to explore options to install solar and/or other alternate energy options and enhancements to the Premises.
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 12
ARTICLE 33- PROPOSITION 65 WARNING
If applicable to the Premises which are the subject of this Lease, LESSOR AND LESSEE agree to post the CALIFORNIA PROPOSITION 65 WARNING on the Premises in substantially the same form as follows set forth in EXHIBIT H - CALIFORNIA PROPOSITION 65 WARNING attached and incorporated by this reference.
ARTICLE 34 – LESSOR’S STATEMENT REGARGING DISABILITY ACCESS & CERTIFIED ACCESS SPECIALIST INSPECTION (CASp) REPORT
Pursuant to California Civil Code Section 1938 (a), LESSOR represents that the Premises [ ] has [X ] has not undergone inspection by a Certified Access Specialist (CASp).
Pursuant to California Civil Code Section 1938 (b), if the Premises has undergone inspection by a CASp, and to the best of LESSOR’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of execution of the Lease Agreement which have impacted the subject premises' compliance with construction related accessibility standards, LESSOR shall provide, prior to execution of the Lease Agreement, a copy of any report prepared by the CASp with an agreement from LESSEE that information in the report shall remain confidential, except as necessary for the LESSEE to complete repairs and corrections of violations of construction related accessibility standards that the LESSEE agrees to make.
Pursuant to California Civil Code Section 1938 (c), making any repairs or modifications necessary to correct violations of construction related accessibility standards that are noted in a CASp report is presumed to be the responsibility of the LESSOR, unless otherwise mutually agreed upon by LESSOR and LESSEE. LESSEE shall have the opportunity to review any CASp report prior to execution of the Lease. If the report is not provided to the LESSEE at least 48 hours prior to execution of the Lease Agreement, LESSEE shall have the right to rescind the Lease, based upon the information contained in the report, for 72 hours after execution of the Lease Agreement.
Pursuant to California Civil Code Section 1938 (d), if the Premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of Section 55.52, LESSOR shall provide a copy of the current disability access inspection certificate and any inspection report to LESSEE not already provided pursuant to subdivision (b) within seven (7) days of the date of the execution of the Lease Agreement.
Pursuant to California Civil Code Section 1938 (e), if the Premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, LESSOR shall state the following on the Lease Agreement:
A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law.
Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.
The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this Lease on the date set forth beneath their respective signatures below.
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 13
APPROVED AS TO LIABILITY PROVISIONS
By: _____________________________________
Name: David Bolton
Title: Risk Manager
LESSEE: County of Monterey, a political
subdivision of the State of California
LESSOR:
City of Gonzales
By: _________________________________
Name: _______________________________
By: ___________________________________
Name: Carmen Gil
Title: Chief Contracts & Procurement
Officer or Designee
Title: City Manager
Date: ________________________________ Date: ___________________________________ APPROVED AS TO FORM:
Office of the County Counsel
Susan K. Blitch, Acting County Counsel
&
By: _________________________________
Name: Mary Grace Perry
By: ___________________________________
Name: Mike Rodriquez
Title: Deputy County Counsel Title: City Attorney
Date: ________________________________ Date:
___________________________________
APPROVED AS TO FISCAL PROVISIONS:
Rupa Shah, Auditor-Controller
By: ___________________________________
Name: _________________________________
Title: __________________________________
Date: __________________________________
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 14
EXHIBIT A1
DESCRIPTION OF PREMISES
FLOOR PLAN
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 15
EXHIBIT A2
COMMUNITY CENTER SITE PLAN
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 16
EXHIBIT B
STATEMENT OF SEISMIC ADEQUACY
The LESSOR and LESSEE acknowledge that the Premises have been designed and constructed in accordance to the following applicable codes and regulations:
• 2022 CALIFORNIA BUILDING CODE – PART 2, TITLE 24, CCR (BASED UPON 2021
INTERNATIONAL BUILDING CODE)
• 2022 CALIFORNIA ELECTRICAL CODE – PART 3, TITLE 24, CCR (BASED UPON 2020 NATIONAL
ELECTRICAL CODE)
• 2022 CALIFORNIA MECHANICAL CODE – PART 4, TITLE 24, CCR (BASED UPON 2021 UNIFORM
MECHANICAL CODE)
• 2022 CALIFORNIA PLUMBING CODE – PART 5, TITLE 24, CCR (BASED UPON 2021 UNIFORM
PLUMBING CODE)
• 2022 CALIFORNIA ENERGY CODE – PART 6, TITLE 24, CCR
• 2022 CALIFORNIA FIRE CODE – PART 9, TITLE 24, CCR, (BASED UPON 2021 INTERNATIONAL
FIRE CODE)
• 2022 CALIFORNIA GREEN BUILDING STANDARDS (CAL GREEN)
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 17
EXHIBIT C
SUMMARY OF SERVICES AND UTILITIES
The following is a summary of services and utilities responsibilities of LESSOR and LESSEE for the proposed use of the Premises:
N/A LESSOR LESSEE
Provide adequate built-in waste dispensers, for the Premises and restrooms within Premises
X
Provide adequate custodial service for the interior of the Premises with a similar scope and frequency as provided on the attached EXHIBIT E – CUSTODIAL SERVICE SPECIFICATIONS
X
Provide adequate custodial service for exterior of the Premises and the non-exclusive areas of the building as described in Article 1.2.
X
Provide adequate pest control for exterior of Premises X Provide adequate landscape maintenance and gardening (including landscape irrigation system and associated water supply and service) X Provide adequate parking lot area sweeping X
LESSOR to provide adequate refuse, rubbish, garbage, and recyclable (paper, plastic, and aluminum, if available) disposal and pick up service. Monthly invoice will be based on a 1-cubic yard waste bin, based on the current City of Gonzales cost of services fee schedule and shall be sent from LESSOR to LESSEE for payment.
X X
Provide adequate fire sprinkler systems testing per National Fire Protection Association (NFPA) standards
X
Provide adequate fire alarm systems monitoring per NFPA standards.
X
Provide adequate intrusion/security alarm systems monitoring., if deemed necessary by LESSOR and LESSEE
X
Provide adequate patrolled security guard service (if deemed necessary)
X
Provide adequate heating, ventilation & air conditioning (HVAC) systems filter replacements (charcoal filters to be used if deemed necessary), unit inspections, unit lubrications and record keeping pursuant to the California Code of Regulations, Title 8, Section 5142 X
Provide adequate servicing of uninterrupted power source (UPS) X Provide adequate servicing of backup generator X
Provide adequate telephone and data service (including connection charges).
Cabling infrastructure to be done per – COUNTY OF
MONTEREY INFORMATION TECHNOLOGY CABLING
STANDARDS 2022
X
Building - LESSOR will provide separate utility service metering (water, sewer & electric) for LESSE to pay its utilities directly.
Utility rates shall be determined by the City of Gonzales’ annual cost of services schedule.
X
LESSEE will provide library services and provide all materials and staffing to support these services as provided to equivalent sized populations and facilities under LESSEE’s operational control. Hours of operation may vary. Information on library Hours of operation will be provided to LESSOR on an annual basis.
X
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 18
EXHIBIT D
SUMMARY OF REPAIR AND MAINTENANCE RESPONSIBILITIES
The following is a summary of maintenance and repair responsibilities of LESSOR and LESSEE for the proposed use of the Premises:
N/A LESSOR LESSEE
1 Common Areas X
2 Foundations and Floor Slabs X
3 Exterior and Bearing Walls (including pressure washing and painting as deemed necessary)
X
4 Exterior Doors and Hardware X
5 Exterior Windows and Window Frames (excluding cleaning as deemed necessary)
X
6 Roofs (including replacement if deemed necessary) X
7 Gutters, Drains and Downspouts X
8 Ceilings (including damage due to roof leaks) X
9 Fire Sprinkler Systems X
10 Fire Alarm Systems X
11 Intrusion/Security Alarm Systems X
12 Heating, Ventilation and Air Conditioning (HVAC) Systems (including replacement if deemed necessary)
X
13 Heating, Ventilation and Air Conditioning (HVAC) control switches, sensors and thermostats X
14 Electrical Systems (including electrical outlets, panels, circuit breakers and wiring)
X
15 Plumbing Systems (including but not limited to: sewer and drain stoppages, sinks, toilets, urinals, partitions, and mirrors).
X
16 Plumbing Fixtures (hand dryers, soap dispensers, paper towel dispensers, and changing tables).
X
17 Exterior Lighting (including starters, ballasts, transformers and light switches)
X
18 Interior Lighting (including starters, ballasts, transformers and light switches)
X
19 Interior Light Bulbs (maintenance replacement) X
20 Interior Walls X
21 Interior Wall Surfaces (including repainting every 5 years if Premises wall surfaces are accessible)
X
22 Interior Doors and Hardware X
23 Interior Windows and Window Frames X
24 Carpet, VCT, and Resilient Flooring (including replacement if deemed necessary)
X
25 Base and/or Moldings (including replacement if deemed necessary)
X
26 Communication Systems (data/telephone cabling, connections and equipment)
X
27 All library building interior including flooring, carpeting, wall painting, Lighting and appliances
X
28 Library collection including all book, CDs, E-material and other materials
X
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 2
29 All furniture, fixtures, equipment, materials, and supplies to provide public library service.
X
30 All cleaning and janitorial services X
31 All outdoor furniture, fixtures, and equipment to provide library services outdoors, at the Library courtyard patio, as approved by LESSOR.
X
32 All non-library services related outdoor furniture, fixtures, and equipment.
X
33 Exterior Security Cameras X
34 Interior Security Cameras X
35 Exterior Wireless Access Points (LESSEE Provided) X
36 Exterior Wireless Access Points (LESSOR Provided) X
37 Door Hardware (Keying) X
38 Card Readers (Exterior Doors Only) X
39 Site maintenance– maintenance, repair, and regulation of entire parking lot, including driveway pavement, parking lot
pavement, striping, landscaping, lighting, signage, sidewalks, and walkways.
X
40 Maintenance of common site improvements including
amphitheater, center courtyard.
X
41 Maintenance of reading lounge/Library patio: sweeping, removing litter.
X
*Notwithstanding the forgoing, LESSEE will pay to LESSOR the reasonable cost of any repairs or maintenance required as a direct result of negligent acts or omissions, or which is otherwise the fault, of LESSEE, its agents, contractors or employees.
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 3
EXHIBIT E
CUSTODIAL SERVICE SPECIFICATIONS
LESSEE will provide janitorial/custodial services for the Premises to maintain safe, sanitary, and inviting condition and use by the public. This will include emptying wastebaskets, cleaning and restocking restrooms, sweeping and mopping floors, cleaning glass, removing graffiti, and managing or mitigating damage such as gum, graffiti, cobwebs, dust, and the like.
Below is a summary of a sample frequency and scope of work for custodial services. Frequency and scope of work can alter through the contract and even across the year; for example, no service needed when Library is closed for Christmas-New Year; reduction in service to accommodate repairs; increase in service to accommodate special uses; etc.
DAILY SERVICE
A. General Cleaning
1. Empty wastebaskets; replace liners, place trash in dumpster
2. Sweep outside Premises entrances
3. Remove graffiti from any interior walls
B. Floor and Carpet Care (including stairways)
1. Sweep and dust mop hard surface floors with treated mop
2. Vacuum carpeted floors and entry mats
3. Damp mop all spills on hard surfaces
4. Remove gum/candy from carpet/floors
C. Window Cleaning
1. Clean entry door and lobby glass, inside and outside
2. Clean interior partitions and counter glass
3. Clean interior/exterior door glass
D. Restroom Cleaning
1. Empty waste containers
2. Sweep and wet mop floors
3. Restock dispensers with the proper product (common area to have extra service performed in mid-morning and mid-afternoon, M-F )
4. Clean and disinfect all restroom fixtures (common area to have extra service performed in mid-morning and midafternoon, M-F )
5. Unstop urinals, toilets and sinks (Notify LESSOR of necessary repairs)
6. Clean restroom mirrors and glass
7. Replenish air fresheners in all restrooms
8. Remove graffiti from interior walls
9. Damp wipe all walls and partitions (as needed)
10. Clean around all door knobs and push plates
E. Dusting
1. Tops of all filing cabinets (only if cleared off and with notice posted by office worker)
2. Tops of desks where cleared (only if cleared off and with posted notice by office worker)
3. Table tops and counters where cleared
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 4
CUSTODIAL SERVICE SPECIFICATIONS
WEEKLY SERVICE
A. General Cleaning
1. Remove fingerprints from doors, walls, and light switches
2. Remove marks/clean door kick plates
3. Wash wastebaskets/trash receptacles inside and out
4. Wash all handrails
5. Clean around door knobs/push plates
B. Floor and Carpet Care
1. Damp mop all hard surface floors
2. Buff all hard surface floors using a high speed buffing machine
3. Spot clean all carpeted floors
C. Restroom Cleaning
1. Scrub all sinks with abrasive cleaner
2. Scrub inside toilets and urinals with acid-type bowl cleaner D. Dusting
1. All windows and door sills
2. Ledges, baseboards, and partitions
3. All chairs
4. Remove cobwebs from ceilings, corners and crevices, etc.
BI-WEEKLY SERVICES
Dry shampoo all carpeted areas.
MONTHLY SERVICE
A. Floor and Carpet Care
1. Scrub and refinish all hard surface floors using an acrylic finish
2. Edge out all carpet areas (areas that are out of reach during normal vacuuming) B. Restroom Cleaning
1. Wash all walls and partitions
C. Dusting
1. Vacuum all upholstered furniture
2. Clean all blinds, drapes and window shades
D. Additional requirements specific to Premises
1. Shampoo all upholstered furniture
630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 5
CUSTODIAL SERVICE SPECIFICATIONS
QUARTERLY SERVICES
A. General Cleaning
1. Wash exterior of all desks, filing cabinets, and tables B. Floor and Carpet Care
1. Shampoo all carpeted areas using bonnet method
2. Strip and refinish all hard surface floors using an acrylic finish C. Window Cleaning
1. Wash inside and outside windows
D. Dusting
1. High dust all light fixtures, HVAC vents and surface/ledges above six (6) feet
BI-ANNUAL SERVICES
A. Restroom Cleaning
1. Machine scrub restroom floors (porcelain tile floors)
ANNUAL SERVICES
A. Floor and Carpet Care
1. Steam/Extraction clean all carpeted areas
At construction completion of the Premises, LESSOR will provide LESEE with technical information for operations and maintenance (O&M), identifying maintenance requirements for library building materials. 630 Fifth St., Gonzales_MCFL Lease (Rev 10-16-25) 6
EXHIBIT F
REMEDIATION CONTRACTOR SPECIFICATIONS
A. Scope of Services
Remediation Contractor to provide treatment, cleanup, damage restoration and any other necessary remediation of:
•Water and/or sewage damage
•Mold, asbestos, lead and polychlorinated biphenyl (PCB) contamination •Fire and smoke damage
•Hazardous materials within the license and certification capabilities of the Remediation Contractor
•Human bodily fluids, including but not limited to blood, vomit, urine, feces, and saliva •Routine sanitation cleanup
B. Work Standards
All work must be done in accordance with the California Health and Safety Code, California Occupational Safety and Health Act (OSHA), and other applicable laws and regulations. The Remediation Contractor must take all care to ensure that work proceeds under the highest standards of safety and prudence, and in compliance with all applicable laws. -
EXHIBIT G
SERVICE CONTACT LIST
Item Contact Number
Carpenter
Ceiling Tile
Electrical
Exterior Door and Hardware
Flooring
Fire Sprinkler System
Fire Extinguisher Servicing
Fire Alarm
Heating & Air Conditioner
Industrial Hygienist
Interior Door and Hardware
Janitorial for common areas
Landscape Maintenance
Light Bulbs & Fluorescent Tubes
Locksmith
Painting
Pest Control
Parking Lot Repair
Parking Lot Sweeping
Patrolled Security
Plumbing
Remedial Contractor
Roofing System
Roof Gutters & Downspouts
Security Alarm Company
Sewer & Drain Cleaning
Utility (Gas & Electric)
Utility (Telephone)
Utility (Water)
Waste Disposal & Recycle
Window Replacement & Repair
Window Cleaning
-
EXHIBIT H
PROPOSITION 65 WARNING
CALIFORNIA PROPOSITION 65 WARNING. This warning is provided in compliance with the requirements of California’s Proposition 65, due to exposure to formaldehyde and other chemicals known to the State to cause cancer and birth defects or other reproductive harm, from exposures to materials used in and around the construction site of _________________________ California. “WARNING: MATERIALS INCLUDED IN THE CONSTRUCTION OF
THE PREMISES AND PROPERTY WILL EXPOSE YOU TO
FORMALDEHYDE AND OTHER CHEMICALS KNOWN TO THE STATE
OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR
OTHER REPRODUCTIVE HARM. FURTHER INFORMATION MAY BE
OBTAINED FROM THE MANAGER/OWNER.”
This warning is provided to inform tenants of the exposure to formaldehyde and other chemicals known to the State to cause cancer and birth defects or other reproductive harm. The exposures are caused by the materials of which the office buildings on this site are constructed. Environmental exposures to chemicals known to the State of California to cause cancer and birth defects or other reproductive harm will continue for as long as ___________ engages in ongoing construction on and around the surrounding property.
Formaldehyde. The United States Environmental Protection Agency, the California Air Resources Board, and other agencies have measured the presence of formaldehyde in the indoor air of homes in California. Levels of formaldehyde that present a significant cancer risk have been measured in most homes and offices. Formaldehyde is present in the air because it is emitted by a variety of building materials and products purchased by the builder from materials suppliers. These materials and products include carpeting, pressed wood products, insulation, plastics, and glues.
Other Chemicals. The Premises and/or ongoing construction sites in this development have not been tested. Given the cost of testing, it is not feasible to test every rental property and nearby construction site to ascertain the level of formaldehyde or other carcinogens and reproductive toxicants present in the rental property or ongoing construction sites nearby. Most homes, offices and construction sites that have been tested elsewhere do contain formaldehyde as well as other carcinogens and reproductive toxicants, although their concentrations vary from property to property with no obvious explanations for the differences. One of the problems is that many of the suppliers of building materials and products do not provide information on chemical ingredients to their builders. In the absence of specific information on these leased premises, and in light of the materials used in and around their construction, we believe that a warning is necessary.
Please provide this warning to invitees and guests entering this leased property. You may have further questions about these issues. ______________________, has made no inquiries of our material suppliers concerning these matters. ____________ is willing to provide, upon request, the names of known material suppliers, which may be contacted for further information. -
EXHIBIT I
LEASE COMMENCEMENT AGREEMENT
This Lease Commencement Agreement (“Lease Commencement Agreement” or “Exhibit I”) is entered into as of [insert date], by the LESSOR and LESSEE, to formally confirm the Lease Commencement Date and Lease Expiration Date, as set forth herein, in accordance with the terms of the Lease for the Premises located at 630 Fifth Street in Gonzales, California.
1. Confirmation of Lease Commencement Date
The Lease Term of the Lease commenced on [insert date], which is the later of:
• (i) the date upon which the City of Gonzales issued a Certificate of Occupancy for the Premises, and • (ii) the date of LESSEE’s final walkthrough of the Premises.
The actual Lease Commencement Date (“Lease Commencement Date”) is hereby confirmed to be: [insert date].
2. Confirmation of Lease Expiration Date
The Lease Term shall expire twenty (20) years from the Lease Commencement Date, unless terminated or extended pursuant to the provisions of the Lease. The Lease Expiration Date is confirmed to be: [insert date].
Exhibit I shall be attached to and incorporated into the Lease. Except for the amendments expressly set forth herein, all other terms and conditions of the Lease shall remain unchanged and in effect.
IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this Lease Commencement Agreement as of the date set forth below their respective signatures.
LESSOR:
City of Gonzales
By: ________________________________
Name: Carmen Gil
Title: City Manager
Date:
LESSEE:
County of Monterey, a political subdivision of the State of California By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________