HomeMy WebLinkAboutAgreement A-24-663 Amendment No. 1 to Lease Agreement with Fresno-Air LTD.pdf Agreement No. 24-663
1 AMENDMENT NO. 1 TO LEASE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment No. 1") is dated
3 December 17, 2024 and is between FRESNO-AIR LTD, a California Limited Partnership
4 ("Lessor"), and the Lessee of Fresno, a political subdivision of the State of California ("Lessee").
5 Recitals
6 A. On August 9, 2022, Lessee and Lessor entered into Lease Agreement number 22-344
7 ("Lease"), for approximately 38,921 square feet of office space, together with approximately 201
8 shared parking spaces, at the location commonly known as 2719 N Air Fresno Drive, Suite 107,
9 Fresno, CA 93727 ("Premises"). The Lease had stated term of two (2) years, after which time
10 the Lease would continue on a month-to-month basis.
11 B. Due to construction delays impacting Lessee's ability to relocate to a new space, Lessee
12 and Lessor now agree to amend the Lease, to extend the term of the Lease by an additional two
13 (2) years. Such amendment will accommodate the County's continued need for space, and will
14 define the rent requirements for the extended term..
15 The parties therefore agree as follows:
16 1. Section 2 "TERM" of the Lease located at page 1, lines 12-13 is deleted in its entirety
17 and replaced with the following:
18 "TERM —The term of this Lease shall be for four (4) years ("Initial Term"),
19 commencing on October 1, 2022 (the"Effective Date") and shall end on
20 September 30, 2026, excepting the utilization of the extension option as
21 explained herein."
22 2. Section 3 "RENT" of the Lease located at page 2, lines 1-4 is deleted in its entirety and
23 replaced with the following:
24 "
25 Lease Term Rent Per Month
26 YEAR ONE $ 34,536.93
27 YEAR TWO $ 35,227.67
28 YEAR THREE $ 35,932.22
1
1 YEAR FOUR $ 36,650.86
2 Month-to-Month $ 37,383.88
3 ,.
4 3. Section 29 "ENTIRE LEASE" located at page 15, line 28 and page 16 lines 1-5 is
5 deleted and replaced with the following:
6 "This Lease constitutes the entire Lease Agreement between the Lessor and the
7 Lessee with respect to the subject matter hereof and supersedes all previous
8 Lease negotiations, proposals, commitments, writings, advertisements,
9 publications, and understandings of any nature whatsoever unless expressly
10 included in this Lease. In the event of any inconsistency in interpreting the
11 documents which constitute this Lease, the inconsistency shall be resolved by
12 giving precedence in the following order of priority: (1) the text of this Lease
13 Amendment No. 1; (2) the Lease Agreement [including Exhibits A through C];
14 and (3) Exhibits A through C."
15 4. When both parties have signed this Lease Amendment No. 1, the Lease, and this Lease
16 Amendment No. 1 together constitute the Lease.
17 5. The Lessor represents and warrants to the Lessee that:
18 a. The Lessor is duly authorized and empowered to sign and perform its obligations
19 under this Lease Amendment No. 1.
20 b. The individual signing this Lease Amendment No. 1 on behalf of the Lessor is duly
21 authorized to do so and his or her signature on this Lease Amendment No. 1 legally
22 binds the Lessor to the terms of this Lease Amendment No. 1.
23 6. The parties agree that this Lease Amendment No. 1 may be executed by electronic
24 signature as provided in this section.
25 a. An "electronic signature" means any symbol or process intended by an individual
26 signing this Lease Amendment No. 1 to represent their signature, including but not
27 limited to (1) a digital signature; (2) a faxed version of an original handwritten
28
2
1 signature; or(3) an electronically scanned and transmitted (for example by PDF
2 document) version of an original handwritten signature.
3 b. Each electronic signature affixed or attached to this Lease Amendment No. 1 (1) is
4 deemed equivalent to a valid original handwritten signature of the person signing this
5 Lease Amendment No. 1 for all purposes, including but not limited to evidentiary
6 proof in any administrative or judicial proceeding, and (2) has the same force and
7 effect as the valid original handwritten signature of that person.
8 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
9 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
10 2, Title 2.5, beginning with section 1633.1).
11 d. Each party using a digital signature represents that it has undertaken and satisfied
12 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
13 through (5), and agrees that each other party may rely upon that representation.
14 e. This Lease Amendment No. 1 is not conditioned upon the parties conducting the
15 transactions under it by electronic means and either party may sign this Lease
16 Amendment No. 1 with an original handwritten signature.
17 7. This Lease Amendment No. 1 may be signed in counterparts, each of which is an
18 original, and all of which together constitute this Lease Amendment No. 1.
19 8. The Lease as amended by this Lease Amendment No. 1 is ratified and continued. All
20 provisions of the Lease and not amended by this Lease Amendment No. 1 remain in full force
21 and effect.
22 [SIGNATURE PAGE FOLLOWS]
23
24
25
26
27
28
3
1 The parties are signing this Lease Amendment No. 1 on the date stated in the
2 introductory clause.
3
FRESNO-AIR, LTD, a California Limited COUNTY OF FRESNO
4 Partnership
5
6 Nathan Magsig, Chairman of the Board
Russell G. Smith, Managing Member of High of Supervisors of the County of Fresno
7 Sierra Development, LLC, General Partner
Attest:
8 8050 N Palm Ave., Suite 300 Bernice E. Seidel
Fresno, CA 93711 Clerk of the Board of Supervisors County
9 of Fresno, State of California
10
By:
11 Deputy
12 For accounting use only:
13 Org No.: 5630
Account No.: 7340
14 Fund No.: 0001
Subclass No.: 10000
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4