HomeMy WebLinkAboutAgreement A-23-186 First Amendment to Lease Agreement with SFPS.pdf Agreement No. 23-186
1 AMENDMENT NO, 1 TO LEASE AGREEMENT
2 This Amendment No. 1 to Lease Agreement("Amendment No. 1") is dated
3 April 25, 2023 and is between the Sheriff's Foundation for Public Safety, a California
4 nonprofit corporation ("Foundation"), and the County of Fresno, a political subdivision of the
5 State of California ("County").
6 Recitals
7 A. On December 31, 2020, the County and the Foundation entered into Lease Agreement
8 L-308 Shooting Range Lease, which is County agreement number D-21-021 ("Agreement"), for
9 the non-exclusive License to use portions of the training facility space, located at 7633 North
10 Weber Avenue, Fresno, CA 93722 ("Premises').
11 B. At the time the Agreement was executed, the Fresno County Sheriff's Department
12 ("Sheriff's Department") had inmate workers covering the groundskeeping duties for the
13 Premises. This practice was later discontinued by the Sheriff's department, in order to help limit
14 the spread of COVID-19 in jail facilities. Such discontinuance has brought upon an
15 unanticipated, current expense.
16 C. Furthermore the Sheriff's Department was approved to host the Module 1 Academy at
17 the Premises, which has further resulted in increased use of the Premises under the
18 Agreement.
19 D. The County and the Foundation now wish to amend the Agreement, to increase
20 compensation in order to account for the groundskeeping services and increased facility usage,
21 services and usage which began effective March 1, 2023.
22 E. Now, therefore, for good and valuable consideration, the receipt and adequacy of which
23 is hereby acknowledged, the County and the Foundation agree as follows:
24 1. SECTION 12. FEE/INVOICING, Subsection A of the Agreement, Page 8, lines 9 through
25 13, is deleted in its entirety and replaced with the following: j
26 "For time period between January 1, 2021 through February 28, 2023, County
27 agrees to pay Foundation a Thirty-Nine Thousand Six Hundred Dollars ($39,600)
28 per year range use fee for exclusive use of Range #3 and the non-exclusive use
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1 of Ranges#2, 4, 5, and 6. This range use fee is based on 660 shooters
2 qualifying quarterly. Effective March 1, 2023, County agrees to increase the
3 range use fee in this Section 12.A. to One Hundred Eleven Thousand Six
4 Hundred Dollars ($111,600) per year."
5 2. SECTION 12. FEE/INVOICING, Subsection F of the Agreement, Page 8 lines 24
6 through 26, is deleted in its entirety and replaced with the following:
7 "in no event shall compensation paid by County to Foundation for the possible
8 six-year term exceed six hundred fifty-seven thousand and six hundred dollars
9 ($657,600)."
10 3. SECTION 20. ENTIRE AGREEMENT, Page 11, lines 5 through 9 of the Agreement, is
11 deleted and replaced with the following
12 "This Agreement constitutes the entire agreement between the Foundation and County
13 with respect to the subject matter hereof, and supersedes all previous Agreement
14 negotiations, proposals, commitments, writings, advertisements, publications, and
15 understandings of any nature whatsoever unless expressly included in this Agreement.
16 In the event of any inconsistency in interpreting the documents comprising this
17 Agreement, the inconsistency shall be resolved by giving precedence in the following
18 order of priority: (1) the text of this Amendment No. 1, (2) the Agreement including all
19 exhibits, and (3) the exhibits to the Agreement.
20 4. Exhibit C —RANGE AND FACILITY FEE SCHEDULE is deleted in its entirety and
21 replaced with a revised Exhibit C, attached and incorporated by this reference.
22 5. When both parties have signed this Amendment No. 1, the Agreement, and this
23 Amendment No. 1 together constitute the Agreement,
24 6. The Foundation represents and warrants to the County that:
25 a. The Foundation is duly authorized and empowered to sign and perform its
26 obligations under this Amendment No. 1.
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1 b. The individual signing this Amendment on behalf of the Foundation is duly authorized j
2 to do so and his or her signature on this Amendment No. 1 legally binds the
3 Foundation to the terms of this Amendment No. 1.
4 7. The parties agree that this Amendment No. 1 may be executed by electronic signature
5 as provided in this section.
6 a. An "electronic signature" means any symbol or process intended by an individual
7 signing this Amendment No. 1 to represent their signature, including but not limited
8 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
9 (3) an electronically scanned and transmitted (for example by PDF document)
10 version of an original handwritten signature.
11 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this
13 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
14 any administrative or judicial proceeding, and (2) has the same force and effect as
15 the valid original handwritten signature of that person.
16 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
17 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
18 2, Title 2.5, beginning with section 1633.1).
19 d. Each party using a digital signature represents that it has undertaken and satisfied
20 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
21 through (5), and agrees that each other party may rely upon that representation.
22 e. This Amendment No. 1 is not conditioned upon the parties conducting the
23 transactions under it by electronic means and either party may sign this Amendment
24 No. 1 with an original handwritten signature.
25 8. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
26 all of which together constitute this Amendment No. 1.
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1 9. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
2 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
3 effect.
4 [SIGNATURE PAGE FOLLO WSJ
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory iI
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SHEWF _FOUNDATION FOR PUBLIC COUNTY OF FRESNO
4 SAF TY; ``;
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6 David Allu g irman S QuP to o, Chairman of the Board of
Srpervisors .the County of Fresno
7 P.O. Box 1512
Fresno, CA 93716 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By: 'r
11 Deputy i
12 For accounting use only:
13 Org No.: 31112414
Account No.: 7340
14 Fund No,: 0001
Subclass No.: 10000
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EXHIBIT C
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L-308
SHERIFF'S FOUNDATION FOR PUBLIC SAFETY ;
RANGE AND FACILITY FEE SCHEDULE
Range use fee for the Fresno County Sheriff-Coroners Office for January 1, 2021 through
February 28, 2023 is $39,600 per year (based on 660 shooters qualifying quarterly).
Range use fee for the Fresno County Sheriff-Coroner's Office for March 1, 2023, forward, is
$111,600.00 per year (based on 660 shooters qualifying quarterly).
Training room (exclusive use) rental is $12,000 per year.
K9/Tactical range/training area (exclusive use) is $12,000.00 per year.
Note: Foundation will invoice County quarterly for range use.