HomeMy WebLinkAbout32629 L-105/Area2Substation
LandMGT/Sheriff/ 8970
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COUNTY OF FRESNO
Fresno, California 1
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT AGR #08-075/L-105
(hereinafter "SECOND AMENDMENT") is made and entered into this 17th day of April, 2018,
by and between LAND MANAGEMENT OPPORTUNITIES, LLC, 731 W. Shaw Avenue, Suite
B, Clovis, CA 93612 (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, AGT
#08-075/L-105, dated February 26, 2008, (hereinafter “LEASE”); and
WHEREAS, LESSEE uses the Premises as a Sheriff’s Substation; and
WHEREAS, LESSOR and LESSEE amended the LEASE on December 15, 2015,
through the FIRST AMENDMENT(hereinafter “FIRST AMENDMENT”), to extend the term of
the LEASE, including the renewal period for the LEASE, to December 31, 2017, and increase
the monthly rent to a rate of $12,000.00 per month; and
WHEREAS, LESSOR and LESSEE desire to amend the LEASE as amended to extend
the term of the LEASE as amended.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties agree as follows:
1.Section 2. TERM of the LEASE as amended is deleted and replaced with the
following:
“2. TERM – The initial term of this LEASE shall be nine (9) years beginning
January 1, 2008 and ending on December 31, 2016 (hereinafter “Initial Term”). At
the expiration of the Initial Term, this LEASE shall automatically renew for five (5),
one (1) year terms beginning January 1, 2017 and ending on December 31, 2021
(hereinafter the “Renewal Term”). Notwithstanding any other provisions of this
LEASE, LESSEE may terminate this LEASE as of any date during the Renewal
Agreement No. 08-075-2
L-105/Area2Substation
LandMGT/Sheriff/ 8970
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COUNTY OF FRESNO
Fresno, California
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Term, and for any reason whatsoever, by providing at least one hundred eighty
(180) days prior written notice thereof to LESSOR, which notice may be provided
by LESSEE either before or during the Renewal Term. In case of any termination of
this LEASE by LESSEE, either the Director of Internal Services/Chief Information
Officer, or the Sheriff, or a designee of one of them, is authorized to terminate this
LEASE and to provide such written notice to terminate.”
2. Section 1, of the FIRST AMENDMENT, at page one (1) line seventeen (17),
through page two (2) line (1), is superseded by this SECOND AMENDMENT.
3. The Parties acknowledge this SECOND AMENDMENT is a retroactive agreement
and therefore, upon executing this SECOND AMENDMENT, the Parties agree that
LESSEE shall pay one (1) month’s rent for January of 2018, one (1) month’s rent
for February of 2018, one (1) month’s rent for March of 2018, one (1) month’s rent
for April of 2018, and one (1) month’s rent for May of 2018, which will be due no
less than thirty (30) days after this SECOND AMENDMENT is fully executed. The
rent for January, February, March, April and May of 2018, is being paid for
purposes of compensation for the time LESSEE occupied the Premises during a
holdover period.
The Parties agree that this SECOND AMENDMENT is sufficient to amend the LEASE as
amended. The LEASE as amended is hereby amended, ratified and continued. It is the intent
of the Parties that all other provisions of the LEASE as amended shall remain unchanged,
except for those provisions and sections addressed herein. The Parties agree that, upon
execution of this SECOND AMENDMENT, the LEASE as amended and this SECOND
AMENDMENT shall together be considered the LEASE.
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COUNTY OF FRESNO
Fresno, Callfomla
L-1 05/ Area2Substation
LandMGT/Sheriff/ 8970
IN WITNESS WHEREOF, the parties hereto have executed this SECOND
AMENDMENT as of the day and year first hereinabove written.
Fund No: 0001
Subclass: 10000
Org : 31113202
Account: 7340
Property/L-105/Sheriff/3111 /2ndAmend
3
LESSEE :
COUNTY OF FRESNO
BY ---,;)OILJ~!!M,1,,,t!!lil!!i!.._ ___ _
Chairperson of the Board
IJ>IJ::yJ.s,i;;)f'S of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
Co unty of Fresno, State of California
By ~ ASJ\ru
Deputy
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