The URL can be used to link to this page

Home My WebLink AboutAgreement A-24-032 Third Amendment to Lease No. D-21-021 L-308 (2).pdf Agreement No. 24-032 1 AMENDMENT NO. 3 TO LICENSE AGREEMENT 2 This Amendment No. 3 to License Agreement No. D-21-021 ("Amendment No. 3") is 3 dated January 9, 2024 and is between the Sheriff's Foundation for Public Safety, a 4 California nonprofit corporation ("Foundation"), and the County of Fresno, a political subdivision 5 of the State of California ("County"). 6 Recitals 7 A. On December 31, 2020, County and the Foundation entered into License Agreement 8 number D-21-021 ("Agreement"), which gave County a License to use the training facilities and 9 building space located at 7633 North Weber Avenue, Fresno, CA 93722 ("Facility"). The 10 Agreement identifies certain areas of the Facility for County's exclusive use, and other areas for 11 its non-exclusive use. 12 B. On April 25, 2023, the Foundation and County executed Amendment No. 1 to the 13 Agreement, which increased County's use of the Facility to accommodate for additional training 14 events and to acquire groundskeeping services, and to increase rent payments. 15 C. On October 10, 2023, the Foundation and County executed Amendment No. 2 to the 16 Agreement, which (1) amended the term of the Agreement from retroactive to January 1, 2021 17 to through January 10, 2024; (2) removed the Foundation's requirement of indemnification of 18 the County under the Agreement; and (3) allowed time for the County and Foundation to 19 negotiate a new agreement subject to Board approval, to begin upon termination of the 20 Agreement. 21 D. County and the Foundation now wish to amend the Agreement again to (1) extend the 22 term to twenty-four (24) months from January 11, 2024 through January 10, 2026; (2) issue a 23 Six Hundred Dollar ($600) credit to County in March 2024 and a Six Hundred Dollar ($600) 24 credit to County in March 2025; (3) amend the Agreement to include a Twelve Thousand Dollar 25 ($12,000) annual rent increase beginning in year 2024, to cover half of the annual PG&E costs 26 in exchange for the County's priority in use of the shooting range, as well as the clubhouse and 27 classrooms during open range hours; (4) amend the annual rent amount to One Hundred Forty 28 Seven Thousand Six Hundred Dollars ($147,600) for year 2024, and include an eight percent 1 1 (8%) annual rent increase, which will bring the annual rent for year 2025 to One Hundred Fifty 2 Nine Four Thousand Eight Dollars ($159,408). 3 E. Now, therefore, for good and valuable consideration, the receipt and adequacy of which 4 is hereby acknowledged, County and the Foundation agree as follows: 5 6 1. SECTION 3. TERM/TERMINATION: Page 2, lines 1-3, are deleted and replaced with the 7 following: 8 "The term of this License Agreement shall begin retroactive to January 1, 2021, and end on 9 January 10, 2026, unless sooner terminated by either party upon 30 days' written notice." 10 2. Section 5. LIMITATIONS: Page 2, lines 8-10 are deleted and replaced with the following: 11 "Foundation will supply utilities (water and electricity) without charge to County, except that 12 County shall pay $12,000 annually for electricity costs, by way of a $12,000 annual rent 13 increase for such costs." 14 3. SECTION 12. FEE/INVOICING: Page 8, lines 24-26, are deleted and replaced with the 15 following: 16 "F. Foundation shall issue a Six Hundred Dollar ($600) credit to County in March 2024 and a 17 Six Hundred Dollar ($600) credit to County in March 2025. There will be a Twelve 18 Thousand Dollar ($12,000) annual rent increase beginning in year 2024, necessary to cover 19 half the annual PG&E costs, in exchange for the County's priority in use of the shooting 20 range, as well as the clubhouse and classrooms during open range hours; which will bring 21 the annual rent for year 2024 to One Hundred Forty Seven Thousand Six Hundred Dollars 22 ($147,600).. There will be an eight percent (8%) annual increase for year 2025, which will 23 take the annual rent to One Hundred Fifty Nine Four Thousand Eight dollars ($159,408) for 24 that year. In no event shall rent payments paid by the County to Foundation for the final 24 25 months of this Agreement exceed three hundred five thousand eight hundred eight dollars 26 ($305,808)." 27 4. EXHIBIT "C." SHERIFF'S FOUNDATION FOR PUBLIC SAFETY RANGE AND 28 FACILITY FEE SCHEDULE: Exhibit C is deleted in its entirety and replaced with the following: 2 1 "Range use fee for the Fresno County Sheriff-Coroner-Public Administrator's Office for 2 January 11, 2024 through January 10, 2026 will follow the following fee schedule: range use 3 fee for the Fresno County Sheriff-Coroner-Public Administrator's Office for 2024 is One 4 Hundred Forty Seven Thousand Six Hundred Dollars ($147,600), and Foundation shall 5 issue a Six Hundred Dollar ($600) credit to County in March 2024. Range use fee for the 6 Fresno County Sheriff-Coroner-Public Administrator's Office for 2025 is One Hundred Fifty 7 Nine Four Thousand Eight dollars ($159,408), which includes the eight percent (8%) 8 increase and Foundation shall issue a Six Hundred Dollar ($600) credit to County in March 9 2025. Note: Foundation will invoice County quarterly for range use." 10 5. SECTION 20. ENTIRE AGREEMENT: Page 11, lines 5 through 9, are deleted and 11 replaced with the following: 12 "This Agreement constitutes the entire agreement between the Foundation and County 13 with respect to the subject matter hereof, and supersedes all previous Agreement 14 negotiations, proposals, commitments, writings, advertisements, publications, and 15 understandings of any nature whatsoever unless expressly included in this Agreement. 16 In the event of any inconsistency in interpreting the documents comprising this 17 Agreement, the inconsistency shall be resolved by giving precedence in the following 18 order of priority: (1) the text of this Amendment No. 3, (2) the text of Amendment No. 2, 19 (3) the text of Amendment No. 1, (4) the Agreement including all exhibits, and (5) the 20 exhibits to the Agreement." 21 6. When both parties have signed this Amendment No. 3, the Agreement, Amendment 22 No.1, Amendment No. 2, and this Amendment No. 3 together constitute the Agreement. 23 7. The Foundation represents and warrants to the County that: 24 a. The Foundation is duly authorized and empowered to sign and perform its 25 obligations under this Amendment No. 3. 26 b. The individual signing this Amendment on behalf of the Foundation is duly authorized 27 to do so and his or her signature on this Amendment No. 3 legally binds the 28 Foundation to the terms of this Amendment No. 3. 3 1 8. The parties agree that this Amendment No. 3 may be executed by electronic signature 2 as provided in this section. 3 a. An "electronic signature" means any symbol or process intended by an individual 4 signing this Amendment No. 3 to represent their signature, including but not limited 5 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or 6 (3) an electronically scanned and transmitted (for example by PDF document) 7 version of an original handwritten signature. 8 b. Each electronic signature affixed or attached to this Amendment No. 3 (1) is deemed 9 equivalent to a valid original handwritten signature of the person signing this 10 Amendment No. 3 for all purposes, including but not limited to evidentiary proof in 11 any administrative or judicial proceeding, and (2) has the same force and effect as 12 the valid original handwritten signature of that person. 13 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 14 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 15 2, Title 2.5, beginning with section 1633.1). 16 d. Each party using a digital signature represents that it has undertaken and satisfied 17 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 18 through (5), and agrees that each other party may rely upon that representation. 19 e. This Amendment No. 3 is not conditioned upon the parties conducting the 20 transactions under it by electronic means and either party may sign this Amendment 21 No. 3 with an original handwritten signature. 22 9. This Amendment No. 3 may be signed in counterparts, each of which is an original, and 23 all of which together constitute this Amendment No. 3. 24 10. The Agreement as amended by this Amendment No. 3 is ratified and continued. All 25 provisions of the Agreement and not amended by this Amendment No. 3 remain in full force 26 and effect. 27 [SIGNATURE PAGE FOLLOWS] 28 4 I The parties are signing this Amendment No. 3 on the date stated in the introductory 2 clause. 3 SHERtTQF , FOU DATION FOR PUBLIC COUNTY OF FRESNO 4 SA fFETI" � 5 6 fiavicfAllum augh, Chairman Nathan ..agsig, hairman of the Board of Supervisors of the County of Fresno 7 P.O. Box 1512 Fresno, CA 93716 Attest: 8 Bernice E Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 B y. 11 Deputy 12 For accounting use only: 13 OrgNo.:31112414 Account No.: 7340 14 Fund No.: 0001 Subclass No.: 10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5