HomeMy WebLinkAboutFL-007 AMND 1.pdf.,
1
2
3
4
5
6
7
8
9
10
·11
12
13
14
15
16
17
18
19
·20
21
22
23
24
25
26
27
28
L
September 28, 2004
Agreement 04.447
FIRST AMENDMENT TO LEASE
FL-007
GSA/FresnoFair
THIS FIRST AMENDMENT TO LEASE (hereinafter the "Amendmenf') is made and entered
into this 2Btlijay of September , 2004, between, the COUNTY OF FRESNO, a Political
Subdivision of the State of California, 2220 Tulare Street, 16th Floor, Fresno, CA 93721-2120
(hereinafter LESSOR), and the State of California acting by and through the 21 61 District
Agricultural Association, 1121 Chance Avenue, Fresno, CA 93702 (hereinafter LESSEE), with
reference to the following (LESSOR and LESSEE collectively may be referred to herein as the
"Parties"):
WHEREAS, LESSOR and LESSEE are Parties to that certain Lease FL-007, dated
June 5, 2001 (hereinafter the "Leasej, for the lease of a premises known as the FRESNO
COUNTY FAIRGROUNDS; and
WHEREAS, the Parties desire to amend the Lease as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties agree as follows:
1. Clause 2. TERM AND TERMINATION is deleted in its entirety and replaced
with the following:
2. TERM AND TERMINATION -The primary term of this Lease shall be for a
period of 53 years commencing July 1, 2001 and terminating June 30, 2054. This
lease shall be renewable at the mutual agreement of the Parties. Furthermore, the
Parties may terminate this Lease at any time during the primary lease term upon the
mutual written approval of such termination by duly authorized representatives of the
Parties, In the case of LESSOR, such written approval shall be signed by either the
County Administrative Officer or Director of General Services or their designee.
2. The following paragraph shall be added to the end of Clause 5
IMPROVEMENTS AND USE:
•
In addition to the purposes provided for in this Lease, LESSEE may, upon
written notice to and approval by LESSOR, enter into subleases and such other
1
2
3
4
5
agreements as necessary to allow for additional uses of the infield of the racetrack,
specifically for storm water retention and management, and for the development and
operation of the infield of the racetrack for baseball, softball and facilities associated
therewith.
3. Clause 7. LESSOR'S USE OF PREMISES is deleted in its entirety and
6 replaced with the following:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Fresno, Callfomla
7. LESSOR'S USE OF PREMISES -LESSEE shall make available for
LESSOR'S use those parking lots labeled Kings Canyon Avenue Parking Lot, Hamilton
Avenue Parking Lot and Ag Parking Lot, as shown cross-hatched on Exhibit "A,"
attached hereto and incorporated herein by reference. Said parking lots shall be
available for the use of LESSOR'S employees Monday through Friday except for the
period beginning two (2) weeks before the Fair starts, during the Fair, and extending
I
two (2) weeks after the end of the Fair. LESSEE will provide thirty (30) days prior
written notice as to the date LESSOR will stop parking prior to the start of the Fair.
LESSOR shall, at its own expense and at all times, maintain the parking lots in a good
and safe condition. LESSOR shall not, without obtaining prior written consent of
LESSEE, make any alterations, additions and/or improvements to or about the parking
lots. LESSOR agrees to bear the expenses arising from its use of the described
parking tots including electricity. Said amount to be mutually agreed upon by the
parties hereto.
LESSEE may request use of the above-described parking lots during
LESSOR'S. use of the lots as above-described in this Clause 7 by providing thirty (30)
days prior written notice to LESSOR. Upon approval by LESSOR, and during such
use, LESSEE agrees to provide substitute parking to ~ESSOR at a fenced area
located at the southeast corner of Butler and Maple, commonly known as the "Soccer
Field" as shown cross-hatched on Exhibit "A". Should the Soccer Field area be
unavailable, LESSEE shall provide a comparable location for LESSOR'S parking use.
2
1
2
3
4
5
6
7
8
LESSEE will provide security for LESSOR'S vehicles parked at the substitute parking
site.
It is also understood that LESSOR may need certain access rights,
permanently or temporarily, over, under or across the premises for installation of
utilities, communications facilities, etc. Approval of the access rights shall be given to
LESSOR by written notice from the Chief Executive Officer of the 21st District
Agricultural Association within ten (1 0) days of receipt of such request from LESSOR.
4. The following paragraph shall be added to the end of Clause 12. INDEMNITY
9 AND INSURANCE:
10 If LESSEE enters into one or more subleases or similar agreements, the
11 LESSEE and/or any sub-lessee to said agreements shall provide insurance and
12 indemnity to the LESSOR as provided herein. LESSOR may also hold liable LESSEE,
13 and/or any sub-lessee, for any breach or failure to perform under this Lease or any
14 sub-lease hereof.
15 5. Clause 14. RELOCATION ASSISTANCE WAIVER is deleted in its entirety and
16 replaced with the following:
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
Freeno, Clllltomla
14. RELOCATION ASSISTANCE WAIVER-LESSEE agrees to waive all
rights to relocation assistance to which it may be entitled under California Government
Code Section 17260, et seq., with regard to this Lease. LESSEE further agrees that
such waiver shall extend to any subleases or similar agreements and be binding upon
the parties thereto.
The Parties agree that this Amendment is sufficient to amend the Lease, and that upon
execution of this Amendment, the Lease and this Amendment together shaH be considered the
Lease.
The Lease, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Lease and not amended herein shall
remain in full force and effect.
Ill
3
' ..
1 EXECUTED as of the date above specified.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COUNTY OF FRESNO
APPROVED AS TO LEGAL FORM:
DE IS A. MARSHALL, COUN COUNSEL
By-=~~~~~~~=+~------~
APPROVED AS TO ACOUNTING FORM:
VICKI CROW, C.P.A.
AUDITOR-CONTROLLERITREASURER-
T AX COL~ECTOR ()
By ~~ l/l..QV--
Budget No. 013001 00
Acct. No. 3404
FL-007GSA/FresnoFair
4
LESSOR:
c~~A: By~ -~&a.O~
Susan B. Anderson, Chair --..
Board of Supervisors
LESSEE:
21ST DISTRICT
A TT ST: Bernice E. Seidel, Clerk
80~-
By ~
Deputy
. . .
Kings Canyon Avenue
FAIRGROUNDS
Butler Avenue
Stables
Fair Parking
County Yard
Hamilton Avenue
Exhibit
Q)
::I c::
Q)
~
1 as
::!
"A"
CERTIFICATE OF DELIVERY OF DOCUMENT
' I am employed by the County ofFresno as a Deputy Clerk ofthe Board of Supervisors.
On Sentember 28, 2004 I delivered a copy of Agreement 04*44 7 to the Chairperson of the Fresno
County Board of Supervisors.
Marlene Moumdjian
Deputy Clerk