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HomeMy WebLinkAboutAgreement A-16-169-1 with University of CA West Side Research Extension Center.pdf Agreement No. 16-169-1 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FIRST AMENDMENT OF LEASE THE REGENTS AS LANDLORD THIS FIRST AMENDMENT OF LEASE is made and entered into as of the latest date of execution set forth below, by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation,on behalf of its UC Agriculture&Natural Resources and its West Side Research & Extension Center ("Landlord") and the COUNTY OF FRESNO, a political subdivision of the State of California ("Tenant"). Landlord and Tenant hereby agree as follows: . The Lease between the parties dated March 16, 2016, which relates to the Premises located at 17353 West Oakland Avenue, Five Points, California, 93624 is hereby amended as follows: a. Exhibit C to the Lease, "Summary of Services and Utilities", is deleted in its entirety and replaced with the attached Exhibit C. b. The attached Addendum 5, "Internet Connection," is attached to the Lease and hereby incorporated. 2. Except as expressly amended above, the Lease remains in full force and effect. IN WITNESS WHEREOF,the parties have executed this First Amendment of Lease on the latest date of execution set forth below. TENANT: LANDLORD: COUNTY OF FRESNO THE REGENTS OF THE UNIVERSITY OF CALIFO IA hA' By: By: Nathan Magsig, Chairman of the Title: Co Iler, R Board of Supervisors of the County of Fresno Date Date: a-g_y -(q WEST SIDE RESEARCH & EXTENSION ATTEST: CENTER , Bernice E. Seidel �� `r f Clerk of the Board of Supervisors By: of the County of Fresno Title: Date: 7 B y: Deputy 05/17/19 Page 1 EXHIBIT C SUMMARY OF SERVICES AND UTILITIES The following is a summary of service and utility responsibilities of Landlord and Tenant: N 0 T A P F P L R L A E I N T Q C D E U A L N E B 0 A N L R N C E D T Y Paper Supplies,dispensers and waste containers(premises&restrooms) X Light bulbs X Ballasts and transformers for fluorescent lights,fluorescent light tubes,light switches and electrical X outlets Heating and air conditioning control switches X Janitorial service for interior of premises(dust,waste removal,vacuum,mop,cleaning)' X Janitorial service for exterior of premises and common areas X Carpet,tile and linoleum X Gas X Electric X Water X Window washing—interior X Landscaping and gardening'- X Drapes,blinds,window shades' X Kitchen appliances X Refuse,rubbish&garbage disposal X Building Exterior and Garage Pest control' X Other: (1)water cooler(portable,bottled water),if desired;(2)interior pest control,if desired X Internet connectivity through Landlord's CENIC/AT&T fiber optic connections X Floor sweeping and mopping once a month.Bathroom cleaning twice a month.Kitchen cleaning not included. '-Mowing,watering and leaf removal for front yard only. 05/17/19 Page 2 s Dusting of window sills and screens once a month only. a Pest control applications(building exterior and garage)once a month only. 'At Tenant's request,Landlord shall provide access to Landlord's fiber internet connection,at the cost to Tenant described in Addendum 5,"Internet Connection."Additional regulations on Tenant's use of internet connection shall apply,as further described in Addendum 5. 05/17/19 Page 3 ADDENDUM 5—INTERNET CONNECTION TO LEASE AGREEMENT DATED MARCH 16,2016 BY AND BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND COUNTY OF FRESNO Tenant shall have the option,but shall not be required,to request that Landlord provide access to Landlord's existing data network, including its CENIC/AT&T internet connection,for Tenant's use,as described below.Upon Landlord's provision of such internet access to Tenant,Tenant shall be responsible for paying Landlord network use fees as described below,payable quarterly and in advance,to the address that Tenant uses to pay Monthly Rent to Landlord. REGULATIONS ON TENANT'S USE OF NETWORK - Tenant agrees to provide and maintain its own security firewall - Tenant agrees to be responsible for providing proper security and virus protection for each device connected to the network. - Tenant shall not use internet connection for any peer-to-peer sharing sites - Tenant shall not download or share any illegal copyrighted materials - Tenant shall run backups or other high bandwidth downloads and uploads outside normal business hours - Landlord reserves the right to throttle any data flow at any time at Landlord's discretion - Landlord reserves the right to terminate Tenant's access to its data network entirely,at any time and for any reason,in Landlord's sole and absolute judgement. In the event that Landlord terminates Tenant's access in such a fashion,Tenant shall immediately remove any equipment or fiber connections used to connect to Landlord's data network.Landlord shall,within thirty(30)days of any such termination,return any `unused' portion of any quarterly payment made by Tenant to pay for access to Landlord's data network,pro-rated in proportion to the`unused'time remaining in the quarter. MAINTENANCE - Landlord shall be responsible for maintenance,repair,and replacement of any Landlord-owned equipment or fiber connections. - Tenant shall be responsible for maintenance,repair,and replacement of Tenant-owned equipment or fiber connections. NETWORK USE FEES In the event that Tenant requests that Landlord provide access to Landlord's existing data network for Tenant's use,and Landlord provides such access,Tenant agrees to pay one thousand five hundred dollars ($1,500.00)on a quarterly basis, in advance,to Landlord for network connectivity.This fee will cover only connectivity to the internet via Landlord's CENIC connection. Landlord assumes no responsibility for internet outages due to carrier issues. 05/17/19 Page 4