DATE: August 18, 2020
TO: Board of Supervisors
SUBMITTED BY: Robert W. Bash, Director of Internal Services/Chief Information Officer
SUBJECT: Clovis Center Building 3 Subordination of Lease, Non-Disturbance and Attornment Agreement and Estoppel Certificate
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Director of Internal Services/Chief Information Officer to execute Subordination, Non-disturbance and Attornment Agreement and Estoppel Certificate regarding Lease AGT 17-644/L-327 with Wells Fargo Trust Company, National Association and Pontiac 3 & 5, LLC, a California limited liability company, owner of facilities located at 200 W. Pontiac, Clovis, CA 93612, for a financial transaction between the property owner and Wells Fargo Trust Company, National Association; and,
2. Authorize the Director of Internal Services/Chief Information Officer to approve and execute future Subordination, Non-disturbance and Attornment Agreements and Estoppel Certificates as requested by the Lessor for Lease AGT 17-644/L-327, subject to approval as to legal form by County Counsel.
REPORT
The County leases space from Pontiac 3 & 5, LLC (Lessor) for its Department of Social Services. The Lessor requests the approval of the Subordination, Non-disturbance and Attornment Agreement (SNDA) and Estoppel Certificate (Estoppel) to conclude a financial transaction with its bank. The execution of the SNDA and Estoppel does not change any terms of the lease, but rather confirms that the lease will remain in effect, and the County will be undisturbed, if the Lessor defaults under its financial arrangements with the bank, the lease is in force, that neither the Lessor nor County is in default under the lease, and that the County will continue to conform to the terms of the lease. The County is obligated by the terms of the lease to enter into an Estoppel and SNDA. The second recommended action authorizes the Director of Internal Services/Chief Information Officer to approve and exe...
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