Leasing Policy

SECTION 1: PURPOSE

FIRST 5, Santa Clara County recently purchased the building at 4000 Moorpark Avenue, San Jose, which is located within a multi-building office park. FIRST 5’s offices are located on the entire second floor and a portion of the first floor of the building. There are office suites on the first floor that are not currently used or occupied by FIRST 5. Several of these suites are subject to leases that were executed prior to FIRST 5’s purchase of the building.

Health & Safety Code Section 130140.1(b)(2)(C) grants the Commission, “The power to acquire, possess and dispose of real or personal property as necessary or appropriate to carry out the provisions and purposes of this division.” This authority includes the leasing of real property.

The Executive Director is delegated the authority to enter into leases and/or lease extensions for available suites within the Building. The available office suites will be leased at the market rate for similar office space in the business park and/or the surrounding area, unless the Commission specifically approves an exception. All new leases and lease extensions will be reported to the P&F Committee at the meeting following their execution.

SECTION 2: POLICY

  1. The office suites will be leased at market rates and upon terms that will be determined by evaluating recent leasing activity in the business park and/or the surrounding area. Any exceptions must be presented to and approved by the Commission.
  2. Notice of the availability of lease space will be widely advertised in order to insure broad outreach to prospective tenants. Such outreach may include but is not limited to, engaging a commercial real estate agent, listings in a local newspaper, listing on appropriate websites, and on the FIRST 5 website, or any combination of these activities.
  3. Prospective tenants must demonstrate they are a financially viable organization to FIRST 5’s satisfaction. All prospective tenants must complete a Lease Application and provide a current credit report and/or financial statement along with professional references.
  4. Priority will be given to any organization that FIRST 5 deems compatible with FIRST 5’s clientele, goals and objectives.

SECTION 3: PROCESS

If Lease is awarded:

  1. A Lease Agreement (which will include a copy of the CC&R’s for the business park) must be signed on behalf of the tenant.
  2. The first month’s rent plus security deposit must be received prior to FIRST 5’s execution of the Lease Agreement.
  3. Prior to occupancy, tenant must provide FIRST 5 with proof of insurance required under the Lease Agreement.
  4. Upon occupancy, the tenant must complete an initial walk-through checklist.