HomeMy WebLinkAbout32627L-289
BerryHoldings/Probation/3430
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno, California 1
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT (AGT 12-111/L-289)
(hereinafter "SECOND AMENDMENT") is made and entered into this ______ day of
__________________, 2018, by and between ROBERT BERRY HOLDINGS, LLC, 4955 E.
Yale Avenue, Fresno, CA 93727-1523 (hereinafter “LESSOR”) and the COUNTY OF
FRESNO, a political subdivision of the State of California, 2220 Tulare Street, 21ST Floor,
Room 2101, Fresno, California 93721-2106, (hereinafter “LESSEE”). LESSOR and LESSEE
may, hereinafter, be referred to collectively as “Parties” or individually as “Party”.
W I T N E S S E T H:
WHEREAS, LESSOR and LESSEE are Parties to that certain Lease Agreement #12-
111/L-289, dated March 6, 2012 (“Lease Agreement”) for lease of office space at 2212 N.
Winery, Suite 101, Fresno, CA 93703-2896 (the “Premises”); and
WHEREAS, LESSOR and LESSEE amended Lease Agreement #12-111/L-289, by
way of the First Amendment To Lease Agreement, dated August 11, 2015; and
WHEREAS, LESSEE desires that LESSOR construct a fence for entry and egress to
employee parking at the Premises; and
WHEREAS, LESSOR and LESSEE now desire to amend the Agreement in order to
facilitate LESSOR’s construction of a fence.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties agree as follows:
1.Section 7. IMPROVEMENTS TO PREMISES, located on page 2 (two) inserted
between lines 25 and 26 is the following:
Upon execution of this SECOND AMENDMENT by the Parties, LESSOR shall
provide final drawings, plans and specifications for tenant improvements as shown
in Exhibit “E,” attached hereto and by this reference incorporated herein,
(hereinafter “TI’s”) to the Premises. The drawings, plans and specifications shall be
approved in writing by the Chief Probation Officer, or his/her authorized designee,
prior to the commencement of construction of tenant improvements by LESSOR.
20th
March
Agreement No. 12-111-2
L-289
BerryHoldings/Probation/3430
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno, California 2
Any modification to the drawings, plans and specifications must be approved in
writing by both LESSOR and the Chief Probation Officer. LESSOR shall complete
construction of the fence within ninety (90) days of LESEE’s final approval of the
plans and specifications.
2.Section 8. PAYMENT FOR IMPROVEMENTS, located on page 3 (three) inserted
between lines 6 and 7 is the following:
As of the Parties’ execution of the SECOND AMENDMENT to the
AGREEMENT, the plans submitted to the LESSEE indicate that the costs are
$49,700.00. The amount payable by LESSEE to LESSOR for LESSOR’s
construction of the TIs, in Exhibit “E,” shall not to exceed $49,700.00, provided,
however, if LESSEE desires a change in such plans, any additional costs above
the $49,700.00, but not more than total project cost of $58,000.00, must be
submitted to LESSEE, and are subject to LESSEE’s approval, prior to any
construction of the TIs. Such approval may be made by the Director of Internal
Services or the Chief Probation Officer, on behalf of LESSEE. Notwithstanding
anything to the contrary herein, the amount payable by LESSEE to LESSOR for
LESSOR’s construction of the TIs, in Exhibit “E,” shall not to exceed $58,000.00.
Subject to the foregoing provisions of this paragraph, LESSEE shall pay LESSOR
in one lump sum the actual cost to construct the TI’s within (45) days after receipt
of an invoice from LESSOR.
The Parties agree that this SECOND AMENDMENT is sufficient to amend the LEASE
AGREEMENT. The LEASE AGREEMENT is hereby amended, ratified and continued. It is the
intent of the Parties that all other provisions of the LEASE AGREEMENT and FIRST
AMENDMENT shall remain unchanged. The Parties agree that, upon execution of this
SECOND AMENDMENT, the LEASE AGREEMENT, FIRST AMENDMENT and this SECOND
AMENDMENT shall together be considered the LEASE AGREEMENT.
EXECUTED as of the date first above set forth.
///
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno, California
L-289
BerryHoldings/Probation/3430
LESSOR:
ROBERT BERRY HOLDINGS, LLC,
a California Limite · · · Company
By---1~~~~~~~---
Marshall DenHartog, on ehalf of
Robert Berry Holdings, LLC, a
California Limited Liability Company
Fund No. 0001
Subclass 10000
Org. No. 34300390
Acct. No. 7294
Property/L-289/BerryHold ings/Probation/2ndAmend
LESSEE:
COUNTY OF FRESNO
By~~~~~~------=--:-=---=-------=--rnte , Chairman of the Board
&L..;iifll',Q,lill'fS. ors of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
3
Fresno County Probation
2212 N. Winery
Fence
Pedestrian Gate
halfway up walkway
Keypad on each side
of gate
Vehicle Gate
Drive-up Keypad
Fire Access Gate