HomeMy WebLinkAboutAgreement A-23-245 First Amendment to Lease Agreement with Fresno-Air LTD.pdf Agreement No. 23-245
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2 AMENDMENT NO. 1 TO LEASE AGREEMENT
3 This Amendment No. 1 to Lease Agreement No. A-21-331 ("Amendment No. 1") is
4 dated June 6, 2023, and is between Fresno-Air LTD, a California Limited Partnership
5 ("Lessor"), and the County of Fresno, a political subdivision of the State of California ("Lessee").
6 Recitals
7 A. On July 1, 2021, the Lessee and the Lessor entered into Lease Agreement No. A-21-
8 331 ("Lease") for the lease of office space and warehouse space, for a total of approximately
9 10,933 square feet, at the location commonly known as 2590 N. Grove Industrial Drive, Suite
10 105, Fresno, CA 93727 ("Premises").
11 B. The Lessee desires, and the Lessor agrees, that the Lessor perform additional Lessor
12 Improvements, including the addition of window guards and the removal of shrubs to make way
13 for the installation of a fence at the Premises, at no additional cost.
14 C. The Lessor desires, and the Lessee agrees, that the Lessee extend the term of the
15 Lease for two additional one-year terms as a condition of performing the additional Lessor
16 Improvements at no cost to the Lessee.
17 D. The Lessor and the Lessee now desire to amend the Lease in order to facilitate Lessor
18 performance of the Tenant Improvements and extend the Lease by two one-year terms.
19 E. Now, therefore, for good and valuable consideration, the receipt and adequacy of which
20 is hereby acknowledged, Lessor and Lessee agree as follows:
21 1. Section 2 —"TERM" of the Lease located at page 1, lines 13 through 15, is deleted in its
22 entirety and replaced with the following:
23 "2. TERM
24 The term of this Lease shall be for a period of eighty-six months (86),
25 commencing July 1, 2021, through and including August 31, 2028."
26 2. Section 3.- "RENT" of the Lease located at page 1, of the Lease Agreement inserted
27 between lines 16 though 27 is deleted in its entirety and replaced with the following:
28 "3. RENT
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1 The Lessee agrees t0 pay rent b]the Lessor for the Premises DOO[about the
2 first Of each month according tO the following schedule:
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3. In no event shall rent b»the Lessee to the Lessor over the total 7-ye8[and 2- month
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term Df this Lease exceed $ 717'873.36.
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4. Section 7. "LESSORIMPROVEMENTS" Of this Lease mS located @t page 2. line 18, iG
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deleted in its entirety and replaced with the following:
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.LESSOR IMPROVEMENTS
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The Lessor will be responsible for improvement ("Lessor Improvements") to include:
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i\ Installing carpeting iO the four small private offices on the west side Cfthe
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Pn8[Dioeo
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ii) Installing laminate flooring in the safe room and supply room |
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iii\ Patching and repainting the nicks in the walls
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i«\ Repainting the kitchen �
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v\ |OG1m||ing laminate in the kitchen
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Vi\ Ensuring all lights and light bulbs are in good working order �
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Vii\ Installing a fence around the Premises leaving two doors exposed for access
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viii\ Landscaping t0 make room for the fence installation
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1 ix) Fabricating and installing 16 window guards
2 The Lessee shall pay a lump sum payment totaling $7,202.36 toward Lessor
3 Improvements upon execution of this Lease. The Lessor shall be responsible for paying the
4 remaining costs of the Lessor Improvements listed above, including the total costs for items vii.
5 through ix. In no event shall rent and Lessor Improvement payments paid by the Lessee to the
6 Lessor over the total 86-month term of this Lease exceed $724,875.78."
7 5. Section 25. "ENTIRE AGREEMENT" of the Agreement, Page 12, lines 23 through 27, is
8 deleted in its entirety and replaced with the following:
9 "16. ENTIRE AGREEMENT: "This Agreement constitutes the entire agreement between the
10 Contractor and County with respect to the subject matter hereof, and supersedes all
11 previous Agreement negotiations, proposals, commitments, writings, advertisements,
12 publications, and understandings of any nature whatsoever unless expressly included in this
13 Agreement. In the event of any inconsistency in interpreting the documents comprising this
14 Agreement, the inconsistency shall be resolved by giving precedence in the following order
15 of priority: (1) the text of this Amendment No. 1, (2) the Agreement and (3) the exhibits to
16 the Agreement."
17 6. When both parties have signed this Amendment No.1, the Lease, and this Amendment
18 No. 1 together constitute the Lease Agreement.
19 7. The Lessor represents and warrants to the Lessee that:
20 a. The Lessor is duly authorized and empowered to sign and perform its obligations
21 under this Amendment No. 1.
22 b. The individual signing this Amendment No. 1 on behalf of the Lessor is duly
23 authorized to do so and his or her signature on this Amendment No. 1 legally binds
24 the Lessor to the terms of this Amendment No. 1.
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 Lease as amended by this Amendment No. 1 is ratified and continued. All
2 provisions of the Lease and not amended by this Amendment No. 1 remain in full force and
3 effect.
4 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No.1 on the date stated in the introductory
2 clause.
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LESSOR LESSEE
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FRESNO AIR LTD, a California Limited COUNTY OF FRESNO
5 Partnership
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7 Sal QuInterb, Chairman of the Board of
Russ I . ith, aging Member of High Supervisors of the County of Fresno
8 Sierra Development, LLC, General Partner
8050 N. Palm Ave., Suite 300 Attest:
9 Fresno, CA 93711 Bernice E. Seidel
Clerk of the Board of Supervisors
10 County of Fresno, State of California
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By:
12 Deputy
13 For accounting use only:
14 Org No.: 3110
Account No.: 7340
15 Fund No.: 0001
Subclass No.: 10000
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