HomeMy WebLinkAbout2019_11_05; A-19-488-1 LEASE AGT AMD UMC.pdf1
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Agreement No. 19-488-1
FIRST AMENDMENT TO LEASE AGREEMENT
3 THIS FIRST AMENDMENT TO THE LEASE AGREEMENT ("First Amendment") is made and
4 entered into this -"""'5-"-th...._ ___ day of November , 2019 ("Effective Date of First Amendment"),
5 by and between the COUNTY OF FRESNO, a political subdivision of the State of California ("Lessee"), and
6 CMG Construction Management, Inc., a California corporation ("Lessor"). Lessee and Lessor are
7 sometimes collectively referred to herein as the "Parties," and singularly as a "Party." Unless otherwise
8 stated herein, capitalized terms shall have the same meaning as stated in the Lease referenced below.
9 WITNESSETH:
1 0 WHEREAS, on September 24, 2019, Lessee and Lessor entered into that certain Lease
11 Agreement, Lessee's Agreement No. 19-488 ("Lease") for the Lessor's lease to Lessee of a portion of
12 Lessor's real property described therein, which real property is located at the northeast corner of South
13 Cedar Avenue and East Kings Canyon Road, County of Fresno;
14 WHEREAS, Section 2 of the Lease, as well as Exhibit C to the Lease, describe the portion of
15 Lessor's real property leased by Lessor to Lessee, divides the leased area into four "Phases," and
16 establishes each Lease Phase's termination date;
17 WHEREAS, Lessee would like to amend Section 2 and Exhibit C of the Lease to extend the
18 termination dates of the Lease Phases, as provided herein; and
19 WHEREAS, both Parties are agreeable to these amendments to the Lease.
20 NOW, THEREFORE, upon the Parties' execution of this First Amendment, Lessee and
21 Lessor agree to amend the Lease as follows:
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1. Section 2 of the Lease is deleted, and is replaced with the following:
"Commencing on the Close of Escrow date, the total term of this Lease shall be for a period
of four (4) years and six days, ('Term"), and shall end on December 30, 2023. Both Parties
agree that this Term shall be composed of the four (4) phases (individually, each a "Phase";
See Revised Exhibit C) described below:
A. The Phase 1 ("Phase 1 ")term of this Lease shall begin on the Close of Escrow date,
and end on December 31, 2021, unless terminated earlier by LESSEE. The portion
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of the Premises included in Phase 1 includes Buildings 307, 314, 318, 326, 332,
333, 334, and Lots G and H. LESSEE may terminate the Phase 1 term at any time,
upon thirty (30) days' written notice to LESSOR.
The Phase 2 ("Phase 2") term of this Lease shall begin on the Close of Escrow date,
and end on December 31, 2020, unless terminated earlier by LESSEE. The portion
of the Premises included in Phase 2 includes Building 320, and Lots C, D, and E
with Reciprocal Parking on Lots T and F, understanding that Fresno Fairground
parking will take priority per the terms of their lease. LESSEE may terminate the
Phase 2 term at any time, upon thirty (30) days' written notice to LESSOR.
The Phase 3 ("Phase 3") term of this Lease shall begin on the Close of Escrow date,
and end on December 31, 2022, unless terminated earlier by LESSEE. The portion
ofthe Premises included in Phase 3 includes Buildings 311,315,317,335, and Lots
L, N, 0, and R. LESSEE may terminate the Phase 3 term at any time, upon thirty
(30) days' written notice to LESSOR.
The Phase 4 ("Phase 4") term of this Lease shall begin on the Close of Escrow date,
16 and end on December 31, 2023, unless terminated earlier by LESSEE. The portion
17 ofthe Premises included in Phase4 includes Buildings 308,309,310,313, and 319,
18 and Lots F, J, M, and T . LESSEE may terminate the Phase 4 term at any time, upon
19 thirty (30) days' written notice to LESSOR.
20 In no event shall the Term of this Lease extend beyond December 31, 2023. The facilities that are
21 included in each Phase, as described above, are shown in further detail on the attached Revised Exhibit C,
22 which is incorporated by this reference ."
23 2. Exhibit C -Phase Map of the Lease is deleted, and the attached updated Revised Exhibit C
24 -Phase Map is hereby attached, and incorporated by this reference.
25 3 . Lessee and Lessor agree that this First Amendment is sufficient to amend the Lease, and
26 that upon the Parties' execution of this First Amendment, the Lease and this First Amendment shall
27 together be considered the "Lease."
28 4 . The Lease, as hereby amended, is ratified and continued. All provisions, terms, covenants,
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1 conditions and promises contained in the Lease, and not amended herein , shall remain in full force and
2 effect.
3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day and
4 year first hereinabove written.
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FOR ACCOUNTING USE ONLY:
FUND: 1 020/Multiple
SUBCLASS: 10000
ORG: 8905/Multiple
ACCOUNT: 7294/Multiple
By:
LESSEE:
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy
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Exhibit C-Leased Property
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Yellow, Phase I,
Vacate by
12/31/2021
Green, Phase 2,
Vacate by
12/31/2020
Pink , Phase 3,
Vacate ·by
12/31/2022
Blue, Phase 4,
Vacate by
12/31/2023
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