103 AGENDA ITEM BACKGROUND TO: GOVERNING BOARD DATE FROM: PRESIDENT February 6, 2012 SUBJECT: Lease Agreement Amendment: Scotts Valley Center, January 2012 – June 2015 REASON FOR BOARD CONSIDERATION ACTION ITEM NUMBER ENCLOSURE(S) Page 1 of 3 C.6 BACKGROUND: At the September 2006 meeting, the Governing Board authorized a three-year lease agreement with Scotts Valley Partners that was extended for two additional years beginning in 2009 for 7,350 square feet at 104 Whispering Pines Drive, Scotts Valley. Due to the difficult economic times, District approached Scotts Valley Partners regarding options to lower the rent. Scotts Valley Partners agreed to lower the rent. The lease is currently up for renewal and has been amended to extend for three and a half additional years beginning January 1, 2012 and will terminate as of June 30, 2015. In addition, the District is responsible for utility and custodial costs. Based on the new amended lease agreement the estimated costs for the next three and a half years would be: Year Six (2012): Year Seven (2013): Year Eight (2014): Year Nine (2015): $123,000 plus custodial and utilities $127,500 plus custodial and utilities $132,000 plus custodial and utilities $ 66,000 plus custodial and utilities FISCAL IMPACT: $148,578 per year RECOMMENDATION: It is recommended that the Governing Board authorize the District to enter into a lease agreement amendment with Scotts Valley Partners for 7,350 square feet at 104 Whispering Pines Drive, Scotts Valley from January 2012 thru June, 2015. Administrator Initiating Item: Serena Muindi Victoria Lewis Academic and Professional Matter If yes, Faculty Senate Agreement Senate President Signature Yes No Yes No Final Disposition Approved 104 AMENDMENT # 2012-2 TO THAT CERTAIN LEASE DATED SEPTEMBER 11, 2006, BETWEEN SCOTTS VALLEY PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP (LANDLORD) AND CABRILLO COLLEGE (TENANT) FOR THOSE CERTAIN PREMISES LOCATED AT 104 WHISPERING PINES, SCOTTS VALLEY, CA. Landlord and Tenant, by their signatures below, amend the Lease as set out below. In the event of a conflict between this Amendment and the Lease agreement, this Amendment shall control. 1. Reference Paragraph 1. Term: The lease termination date shall be extended to June 30, 2105. Tenant shall have the right to terminate as of June 30 of 2013 and June 30, of 2014, by completing each of the following conditions: a) Tenant shall serve written notice to Landlord on or before February 15 of the terminating year, and b) With its notice, Tenant to pay to landlord $8,000.00 as unamortized leasing commissions and costs for a June 2013 termination and $4,000.00 as unamortized leasing commissions for a June 2014 termination. 2. Reference Paragraph 2. Base Rent: The monthly base rent schedule is as follows: January 1, 2012 to June 30, 2013: July 1, 2013 to June 30, 2015: $10,250.00 $11,000.00 RENT (BASE & COMMON AREA) CALENDAR YEAR UTILITIES TOTAL 2012 (Jan – Dec) $ 10,250.00 $ 2,131.50 $ 12,381.50 2013 (Jan - June) $ 10,250.00 $ TBD $ 12,381.50* 2013 (July - Dec) $ 11,000.00 $ TBD $ 13,131.50* 2014 $ 11,000.00 $ TBD $ 13,131.50* 2015 (Jan-June) $ 11,000.00 $ TBD $ 13,131.50* *Estimated 105 This base rent has hereby been amended to include the building operating expenses, as set forth in the Lease dated September 11, 2006, with Lessee additionally paying for certain utilities, maintenance and janitorial as originally agreed upon in the Lease. READ AND APPROVED AND RECEIPT OF A COPY IS HEREBY ACKNOWLEDGED: LANDLORD TENANT DATE:_______ DATE:_______ ___________________ Scotts Valley Partners __________________ Victoria Lewis, Vice President, Administrative Services