HomeMy WebLinkAboutAgreement A-12-111-2 with Robert Berry Holdings LLC.pdf Agreement No. 12-111-2
L-289
BerryHoldings/Probation/3430
1 SECOND AMENDMENT TO LEASE AGREEMENT
2 THIS SECOND AMENDMENT TO LEASE AGREEMENT (AGT 12-111/L-289)
3 (hereinafter"SECOND AMENDMENT") is made and entered into this 20th day of
4 March , 2018, by and between ROBERT BERRY HOLDINGS, LLC, 4955 E.
5 Yale Avenue, Fresno, CA 93727-1523 (hereinafter "LESSOR") and the COUNTY OF
6 FRESNO, a political subdivision of the State of California, 2220 Tulare Street, 21ST Floor,
7 Room 2101, Fresno, California 93721-2106, (hereinafter"LESSEE"). LESSOR and LESSEE
8 may, hereinafter, be referred to collectively as "Parties" or individually as "Party".
9 WITNESSETH:
10 WHEREAS, LESSOR and LESSEE are Parties to that certain Lease Agreement#12-
11 111/L-289, dated March 6, 2012 ("Lease Agreement") for lease of office space at 2212 N.
12 Winery, Suite 101, Fresno, CA 93703-2896 (the "Premises"); and
13 WHEREAS, LESSOR and LESSEE amended Lease Agreement#12-111/L-289, by
14 way of the First Amendment To Lease Agreement, dated August 11, 2015; and
15 WHEREAS, LESSEE desires that LESSOR construct a fence for entry and egress to
16 employee parking at the Premises; and
17 WHEREAS, LESSOR and LESSEE now desire to amend the Agreement in order to
18 facilitate LESSOR's construction of a fence.
19 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
20 which is hereby acknowledged, the Parties agree as follows:
21 1. Section 7. IMPROVEMENTS TO PREMISES, located on page 2 (two) inserted
22 between lines 25 and 26 is the following:
23 Upon execution of this SECOND AMENDMENT by the Parties, LESSOR shall
24 provide final drawings, plans and specifications for tenant improvements as shown
25 in Exhibit "E," attached hereto and by this reference incorporated herein,
26 (hereinafter"TI's") to the Premises. The drawings, plans and specifications shall be
27 approved in writing by the Chief Probation Officer, or his/her authorized designee,
28 prior to the commencement of construction of tenant improvements by LESSOR.
COUNTY OF FRESNO
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L-289
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1 Any modification to the drawings, plans and specifications must be approved in
2 writing by both LESSOR and the Chief Probation Officer. LESSOR shall complete
3 construction of the fence within ninety (90) days of LESEE's final approval of the
4 plans and specifications.
5 2. Section 8. PAYMENT FOR IMPROVEMENTS, located on page 3 (three) inserted
6 between lines 6 and 7 is the following:
7 As of the Parties' execution of the SECOND AMENDMENT to the
8 AGREEMENT, the plans submitted to the LESSEE indicate that the costs are
9 $49,700.00. The amount payable by LESSEE to LESSOR for LESSOR's
10 construction of the Tls, in Exhibit "E," shall not to exceed $49,700.00, provided,
11 however, if LESSEE desires a change in such plans, any additional costs above
12 the $49,700.00, but not more than total project cost of$58,000.00, must be
13 submitted to LESSEE, and are subject to LESSEE's approval, prior to any
14 construction of the Tls. Such approval may be made by the Director of Internal
15 Services or the Chief Probation Officer, on behalf of LESSEE. Notwithstanding
16 anything to the contrary herein, the amount payable by LESSEE to LESSOR for
17 LESSOR's construction of the Tls, in Exhibit "E," shall not to exceed $58,000.00.
18 Subject to the foregoing provisions of this paragraph, LESSEE shall pay LESSOR
19 in one lump sum the actual cost to construct the TI's within (45) days after receipt
20 of an invoice from LESSOR.
21 The Parties agree that this SECOND AMENDMENT is sufficient to amend the LEASE
22 AGREEMENT. The LEASE AGREEMENT is hereby amended, ratified and continued. It is the
23 intent of the Parties that all other provisions of the LEASE AGREEMENT and FIRST
24 AMENDMENT shall remain unchanged. The Parties agree that, upon execution of this
25 SECOND AMENDMENT, the LEASE AGREEMENT, FIRST AMENDMENT and this SECOND
26 AMENDMENT shall together be considered the LEASE AGREEMENT.
27 EXECUTED as of the date first above set forth.
28
COUNTY OF FRESNO
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L-289
BerryHold ings/Probation/3430
1
2 LESSOR: LESSEE:
ROBERT BERRY HOLDINGS, LLC, COUNTY OF FRESNO
3 a California Limite Company
4 By By
5 Marshall DenHartog, on ehalf of al rote Chairman of the Board
Robert Berry Holdings, LLC, a ors of the County of Fresno
6 California Limited Liability Company
ATTEST:
7 Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
9 By
10 Deputy L)
11
12
13 Fund No. 0001
Subclass 10000
14 Org. No. 34300390
Acct. No. 7294
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COUNTY OF FRESNO
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Exhibit " E "
Fresno County Probation
2212 N. Winery
Fire Access Gate
• Fence
V
a r c
• Ti
i—• — Pedestrian Gate
halfway up walkway
Keypad on each side
of gate
t ' F �
1 f
r.
j Vehicle Gate
Drive-up Keypad