HomeMy WebLinkAboutAgreement A-24-024 Lease Amend. No. 1 w Lubisich Bros. Investments LLC..pdf Agreement No. 24-024
1 AMENDMENT NO. 1 TO LEASE AGREEMENT
2 This Amendment No. 1 to Lease Agreement ("Amendment No. 1") is dated
3 January 9, 2024 and is between Lubisich Bros. Investments, LLC, a California limited
4 liability company ("Lessor"), and the County of Fresno, a political subdivision of the State of
5 California ("Lessee").
6 Recitals
7 A. On June 18, 2019, the Lessee and the Lessor entered into Lease Agreement number A-
8 19-303 ("Lease"), including an option to purchase, for the lease of office space, related parking
9 and associated landscaping totaling 10,407 square feet. Under the Lease, an additional 2,505
10 square feet of office space and thirteen (13) parking stalls will be made available to Lessee
11 when the current lease of that space and parking terminates on or before January 31, 2024, for
12 a total of approximately 12,552 square feet.
13 B. The Lessor now desires, and the Lessee agrees, to extend the Physician's Lease
14 Termination Date for an additional three months, due to construction delays impacting the
15 physician's ability to relocate to new space on or before the current Physician's Lease
16 Termination Date.
17 C. The Lessor and Lessee desire to amend the Lease in order to extend the Physician's
18 Lease Termination Date, and agree as follows:
19 1. Section 1 Subsection d —"Physician's Lease Termination Date" of the Lease located at
20 page 2, of the Lease inserted between lines 18 through 27 is deleted in its entirety and replaced
21 with the following:
22 "d. "Physician's Lease Termination — Lessor represents, covenants, and
23 warrants to Lessee that the Physician's Lease shall terminate on or before May 1, 2024
24 ("Physician's Lease Termination Date"), and its term shall not be subject to any right of
25 the physician or anyone else, except as depicted in the Preliminary Report Permitted
26 Exceptions, as described in Section 19(e), herein. Upon the Physician's Lease
27 Termination Date, the Physician's Office shall be immediately available, in good
28 habitable condition, to Lessee for Lessee's use under the same terms and conditions of
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I this Lease, pursuant to Section 12 herein. The Physician's Lease Termination Date may
2 be extended once, for up to ninety (90) days, upon mutual written consent by both
3 parties. The Director of Internal Services/Chief Information Officer or his or her designee
4 is authorized to execute such written notice on behalf of Lessee." There will be no
5 increase in rent to Lessee after January 31, 2024 and through April 30, 2024, or through
6 any extended term of up to ninety (90) days, as described herein.
7 2. Section 41 ENTIRE AGREEMENT located on page 45, lines 12 through 15 is deleted
8 and replaced with the following:
9 "This Agreement constitutes the entire Lease Agreement between the Lessor
10 and the Lessee with respect to the subject matter hereof and supersedes all
11 previous Lease Agreement negotiations, proposals, commitments, writings,
12 advertisements, publications, and understandings of any nature whatsoever
13 unless expressly included in this Lease Agreement. In the event of any
14 inconsistency in interpreting the documents which constitute this Lease
15 Agreement, the inconsistency shall be resolved by giving precedence in the
16 following order of priority: (1)the text of this Amendment No. 1; (2)the Lease
17 Agreement [including Exhibits A through H]; and (4) Exhibits A through H.
18 3. When both parties have signed this Amendment No.1, the Lease Agreement and this
19 Amendment No. 1 together constitute the Lease Agreement.
20 4. The Lessee represents and warrants to the Lessee that:
21 a. The Lessee is duly authorized and empowered to sign and perform its obligations
22 under this Amendment No. 1.
23 b. The individual signing this Amendment No. 1 on behalf of the Lessee is duly
24 authorized to do so and his or her signature on this Amendment No. 1 legally binds
25 the Lessee to the terms of this Amendment No. 1.
26 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
27 as provided in this section,
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1 a. An "electronic signature" means any symbol or process intended by an individual
2 signing this Amendment to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
7 equivalent to a valid original handwritten signature of the person signing this
8 Amendment for ail purposes, including but not limited to evidentiary proof in any
9 administrative or judicial proceeding, and (2) has the same force and effect as the
10 valid original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
13 2, Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied
15 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Amendment No. 1 is not conditioned upon the parties conducting the
18 transactions under it by electronic means and either party may sign this Amendment
19 No. 1 with an original handwritten signature.
20 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
21 all of which together constitute this Amendment No. 1.
22 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
23 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
24 effect.
25 [SIGNATURE PAGE FOLLOWS]
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I The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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LESSOR: LESSEE:
4 Lubisich Bros. Investments, LLC. COUNTY OF FRESNO
5
�e� LZ�s �, a �er?eNathan Magsig, Chairman of the Board of
7 2824 E. Nees Supervisors of the County of Fresno
8 Clovis, CA 93611 Attest:
Bernice E. Seidel
9 Clerk of the Board of Supervisors
10 County of Fresno, State of California
11 By:_ MYA
12 Y
Deputy
For accounting use only:
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Org No.: 56201693
14 Account No.: 7340
Fund No.: 0001
15 Subclass No.: 10000
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