HomeMy WebLinkAboutAgreement A-33-187 Fourth Amendment to Lease Agreement with EFP.pdf Agreement No. 23-187
1 AMENDMENT NO. 4 TO LEASE AGREEMENT
2 This Amendment No. 4 to Lease Agreement ("Amendment No. 4") is dated
3 April 25. 2023 and is between Ellis Family Partnership III, a California limited
4 partnership, ("Lessor"), and the County of Fresno, a political subdivision of the State of
5 California ("Lessee").
6 Recitals
7 A. On February 26, 2008, the County and the Lessor entered into County agreement
8 number A-08-075, or Lease Agreement Number L-105, ("Lease"), for the Fresno County
9 Sheriffs Office's use of the office space at the location commonly known as 5717 E. Shields,
10 Fresno, CA, which is approximately 8,480 square feet, and includes adjacent parking
11 ("Premises").
12 B. On December 15, 2015, the County and the Lessor entered into the First Amendment to
13 extend the term of the Lease, including the renewal period, to December 31, 2017, and increase
14 the monthly rent to rate of$12,000.00.
15 C. On April 17, 2018, the County and the Lessor entered into the Second Amendment to
16 extend the term of the Lease, including the renewal period, to December 31, 2021.
17 D. On October 5, 2021, the County and the Lessor entered into the Third Amendment,
18 County agreement number A-21-395, to change the term of the Lease to month-to-month after
19 completion of the renewal period ending December 31, 2021.
20 E. Due to delays associated with moving the Sheriffs Department Substation, the Lessor
21 requires an increase in monthly rent, beginning March 1, 2023.
22 F. The County and the Lessor now desire to further amend the Lease to increase the
23 monthly rent.
24 The parties therefore agree as follows:
25 1. Section 3. RENT of the Lease, as previously amended, is deleted in its entirety and
26 replaced with the following:
27 "1 RENT— Lessee agrees to pay rent to Lessor on or about the first of every
28 month for the period January 1, 2008 through December 31, 2015, at the rate of
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1 ten thousand dollars ($10,000.00) per month. For the period January 1, 2016
2 through February 28, 2023, the rent shall be twelve thousand dollars
3 ($12,000.00) per month. Beginning March 1, 2023, the rent shall be fifteen
4 thousand dollars ($15,000.00) per month until this Lease terminates."
5 2. When both parties have signed this Amendment No. 4, the Lease, Amendments No. 1,
6 2, and 3, and this Amendment No. 4 together constitute the Lease.
7 3. The Lessor represents and warrants to the County that:
8 a. The Lessor is duly authorized and empowered to sign and perform its obligations
9 under this Amendment.
10 b. The individual signing this Amendment on behalf of the Lessor is duly authorized to
11 do so and his or her signature on this Amendment legally binds the Lessor to the
12 terms of this Amendment.
13 4. The parties agree that this Amendment No. 4 may be executed by electronic signature
14 as provided in this section.
15 a. An "electronic signature" means any symbol or process intended by an individual
16 signing this Amendment No. 4 to represent their signature, including but not limited
17 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
18 (3) an electronically scanned and transmitted (for example by PDF document)
19 version of an original handwritten signature.
20 b. Each electronic signature affixed or attached to this Amendment No. 4 (1) is deemed
21 equivalent to a valid original handwritten signature of the person signing this
22 Amendment No. 4 for all purposes, including but not limited to evidentiary proof in
23 any administrative or judicial proceeding, and (2) has the same force and effect as
24 the valid original handwritten signature of that person.
25 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
26 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
27 2, Title 2.5, beginning with section 1633.1).
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1 d. Each party using a digital signature represents that it has undertaken and satisfied
2 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 e. This Amendment No. 4 is not conditioned upon the parties conducting the
5 transactions under it by electronic means and either party may sign this Amendment
6 No. 4 with an original handwritten signature.
7 5. This Amendment No. 4 may be signed in counterparts, each of which is an original, and
8 all of which together constitute this Amendment.
9 6. The Lease as previously amended and as amended by this Amendment No. 4 is ratified
10 and continued. All provisions of the Lease as previously amended and not amended by this
11 Amendment No. 4 remain in full force and effect.
12 [SIGNATURE PAGE FOLLOWS]
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I The parties are signing this Amendment No.4 on the date stated in the introductory
2 clause.
3
ELLIS FAMILY PARTNERSHIP III COUNTY OF FRESNO
4 MXCAV7TFa1S
5 ROBERT ELLIS(Rtar 14,202313:57 PDT)
Robert Ellis, Landlord _
6 Sf Q 'nt ro, airman of the Board of
5132 N Palm Ave., PMB 355 S is e County of Fresno
7 Fresno, CA 93704
Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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11 Deouty
12 For accounting use only:
13 Org No.: 31113202
Account No.: 7340
14 Fund No.: 0001
Subclass No.: 10000
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