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HomeMy WebLinkAboutAgreement A-19-488-1 with CMG Construction Management Inc. - Lease Agreement.pdfAgreement No. 19-488-1 FIRST AMENDMENT TO LEASE AGREEMENT 1 2 3 THIS FIRST AMENDMENT TO THE LEASE AGREEMENT ("First Amendment") is made and 4 entered into this _..._5t=h"----day of November , 2019 ("Effective Date of First Amendment"), 5 by and between the COUNTY OF FRESNO , a political subdivision of the State of California ("Lessee"), and 6 CMG Construction Management, Inc ., a Californ ia corporation ("Lessor"). Lessee and Lessor are 7 sometimes collectively referred to herein as the "Parties ," and singularly as a "Party ." Unless otherwise 8 stated herein, capitalized terms shall have the same meaning as stated in the Lease referenced below. 9 WITNESSETH: 10 WHEREAS , on September 24 , 2019, Lessee and Lessor entered into that certain Lease 11 Agreement, Lessee 's Agreement No . 19-488 ("Lease ") for the Lessor's lease to Lessee of a portion of 12 Lessor's real property described therein , which real property is located at the northeast corner of South 13 Cedar Avenue and East Kings Canyon Road , County of Fresno ; 14 WHEREAS , Section 2 of the Lease , as well as Exhibit C to the Lease , describe the portion of 15 Lessor 's rea l property leased by Lessor to Lessee, divides the leased area into four "Phases," and 16 establishes each Lease Phase 's termination date ; 17 WHEREAS , Lessee would like to amend Section 2 and Exhibit C of the Lease to extend the 18 termination dates of the Lease Phases , as provided herein ; and 19 WHEREAS , both Parties are agreeable to these amendments to the Lease . 20 NOW , THEREFORE , upon the Parties ' execution of this First Amendment , Lessee and 21 Lessor agree to amend the Lease as follows : 22 23 24 25 26 27 28 1. Section 2 of the Lease is deleted , and is replaced with the following : "Commencing on the Close of Escrow date, the total term of this Lease shall be for a period of four (4) years and six days , ('Term"), and shall end on December 30, 2023 . Both Parties agree that this Term shall be composed of the four (4) phases (individually , each a "Phase"; See Revised Exhibit C) described below: A. The Phase 1 ("Phase 1") term of this Lease shall begin on the Close of Escrow date , and end on December 31 , 2021 , un less terminated ea rlier by LESSEE. The portion -1--- 1 conditions and promises contained in the Lease , and not amended herein , shall remain in full force and 2 effect. 3 IN WITNESS WHEREOF , the parties hereto have executed this First Amendment as of the day and 4 year first hereinabove written. 5 LESSOR: CMG CONSTRUCTION 6 N ENT , INC . 7 8 Mark Stevv CEO 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY: FUND: 1020/Multi ple SUBCLASS: 10000 ORG : 8905/Multiple ACCOUNT : 7294/Multi ple By : LESSEE: COUNTY OF FRESNO Nathan Magsig , Chairman of the Board of Supervisors of the County of Fresno ATTEST : Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California Deputy -3 -