HomeMy WebLinkAboutAgreement A-17-184 with McMahan-Kays LLC..pdf Agreement No. 17-184
1 SECOND AMENDMENT TO LEASE AGREEMENT A-02-129/L-208
2 THIS SECOND AMENDMENT TO LEASE A-02-129/L-208 ("Second
3 Amendment') is made and entered into this end day of May , 2016,
4 between MCMAHAN-Kays, LLC, c/o Douglas Kays, 614 Corte Campanero, Camarillo,
5 CA 93010 (hereinafter "LESSOR") and the COUNTY OF FRESNO, a political
6 subdivision of the State of California, 2220 Tulare St., suite 2100, Fresno, CA 93721-
7 2106 (hereinafter "LESSEE").
8 WHEREAS, LESSOR and LESSEE are Parties to Lease Agreement,No. A-02-
9 129/L-208 dated April 9, 2002 (the "LEASE "), for lease of the premises commonly
10 known as 311 Coalinga Plaza, Coalinga, CA 93210-1703 (the "Premises") for use as
11 office space by LESSEE; and
12 WHEREAS, LESSOR and LESSEE entered into a First Amendment to the
13 LEASE on July 15, 2014, which in part provided for construction of certain tenant
14 improvements to the Premises ("First Amendment'); and
15 WHEREAS, LESSOR and LESSEE now desire that LESSOR construct
16 additional tenant improvements at the Premises, for which LESSEE shall reimburse
17 LESSOR the actual cost of such tenant improvements; and
18 NOW, THEREFORE, for good and valuable consideration, the receipt and
19 adequacy of which is hereby acknowledged, the Parties agree as follows:
20 1. The following is added to Section 2, IMPROVEMENTS TO PREMISES of the
21 LEASE after the last paragraph of Section 2, as amended,:
22 "Upon execution of the Second Amendment to this LEASE, LESSOR shall
23 construct additional tenant improvements (hereinafter "Additional Tenant
24 Improvements") in an amount not to exceed $25,000, as described on Exhibit
25 "A-2", attached hereto and by this reference incorporated herein.
26 LESSOR shall provide all labor, material and equipment and pay for the
27 Additional Tenant Improvements in strict accordance with drawings, plans and
28 specifications approved by LESSEE. Any modification to the drawings, plans
COUNTY FRESNO
Fresno,Ca Cal'ifOmiamla 1
1 and specifications for such Additional Tenant Improvements must be approved
2 in writing by both LESSOR and LESSEE. As to LESSEE, the Director of the
3 Department of Social Services or his designee is authorized to provide the
4 foregoing approvals.
5 LESSOR acknowledges that public funds are used for the payments
6 made by LESSEE under this LEASE and that the construction of the Additional
7 Tenant Improvements constitutes a "public works" project. Accordingly,
8 regarding the Additional Tenant Improvements, LESSOR shall comply with, and
9 shall ensure compliance by all contractors and subcontractors with, all laws and
10 regulations applicable to "public works" projects, including the payment of
11 prevailing wages pursuant to Section 1770 et.seq. of the Labor Code.
12 Subject to LESSEE's satisfaction that the Additional Tenant
13 Improvements have been completed in strict accordance with the approved
14 plans and specifications, LESSEE shall pay to LESSOR the actual cost of the
15 Additional Tenant Improvements, which actual cost shall not exceed $25,000, in
16 periodic progress payments. LESSEE's periodic progress payments shall be
17 made upon its inspection of the Additional Tenant Improvement work being
18 completed. Upon completion of said improvements to LESSEE's satisfaction,
19 LESSEE shall make the final progress payment within forty-five (45) days after
20 receipt of a final invoice from LESSOR."
21 The parties agree that this Second Amendment is sufficient to amend
22 the LEASE, and that upon execution of this Second Amendment, the original lease,
23 the First Amendment and this Second Amendment, shall together be considered the
24 LEASE. The LEASE is hereby amended, ratified and continued. All provisions and
25 terms of the LEASE not amended herein shall remain in full force and effect.
26
27 (Signatures on the Following Page)
28
COUNTY OF FRE NO
re Fsno,CalHomiaie 2 ��
1 EXECUTED as of the date herein specified.
2 LESSEE: LESSOR:
3 COUNTY OF FRESNO MCMAHAN-KAYS, LLC.
4 By L L.-
5 Brian Pacheco, Chairman �--�
Board of Supervisors By: / Z , 1
6 Douglas B. Kays
Date: �. 1"1 Managing Member
7
ATTEST: BERNICE E. SEIDEL, CLERK Date:
8 BOARD 0
JLSUPERxAISORS
By:
9 Deputy
10 APPROVED AS TO LEGAL FORM:
11 DANIEL C. CEDERBORG, COUNTY
COUNSEL
12 By.
13 a uty
14 APPROVED AS TO ACCOUNTING FORM:
AUDITOR-CONTROLLER/TREASURER-
15 TAX COLLECTOR
OSCAR J. GARCIA, CPA
16 By: 0
17
RECOM EN D-FOR APP AL:
18
By:
19 i eir , irect r,
20
Department of Social Se ces
21 RE ND D FOR APP OVAL:
22 By:
Robert W. Bash, Director of
23 Internal Services/Chief Information
Officer
24
25 Fund 0001
Subclass 10000
26 Org No. 5610
Acct. No. 7340
27 L-208 Coalinga/McMahan/DSS/5610
28
COUNTY OF FRESNO 6k-
F Fes.CW�. 3
EXHIBIT A-2
Remove existing reception counter.
Prep and install flooring (vinyl composition the and carpet)to affected area.
Patch and paint walls as necessary.
Provide and install electrical for three (3)light fixtures(2'x2'fixtures).
Provide and install electrical for new reception counter.
Relocate one (1) H V A C register.