HomeMy WebLinkAboutAgreement A-14-731-3 with John S. Foggy.pdf1
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COU NTY OF FRESNO
Fres no, Ca liforni a
Agreement No . 14-731-3
L-176 Amend Ill
AMENDMENT Ill TO LEASE AGREEMENT AGT. #14-731
AMENDMENT 111 TO LEASE AGT. #14-731 ("AMENDMENT Ill") is made
and entered into this 24th day of _N_o_ve_m_b_e_r __ , 2020, between John S .
Foggy , 6556 Lonetree Blvd, Suite 200 , Rocklin , Ca 95765 ("LESSOR ") and the
COUNTY OF FRESNO , a political subdivision of the State of California , 333 Pontiac
Way , Clovis , CA 93612 ("LESSEE ").
WHEREAS , LESSOR and LESSEE are Parties to that certain Lease
Agreement #14-731 , dated December 16 , 2014 ("LEASE "), for the property at the
location commonly known as 2011 Fresno St., Fresno CA 93721 , ("Premises ");
WHEREAS , prior Lessor, Center Mall Court Investors , assigned the LEASE to
LESSOR , and LESSEE consented to that assignment on March 15 , 2016 ;
WHEREAS , LESSOR and LESSEE amended the LEASE , by way of
Amendment I, dated January 26 , 2016 , which extended the LEASE term , increased
the rent , and provided for LESSOR to construct improvements to the Premises ;
WHEREAS , LESSEE uses the Premises as office and storage space ;
WHEREAS , the LEASE expires on January 31 , 2021 ; and
WHEREAS , LESSOR and LESSEE (the "Parties ") desire to again extend the
lease term for one year and 3 months, with an option to further extend up to three (3)
months , upon LESSEE giving LESSOR no less than 210 day written notice .
NOW, THEREFORE , for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged , the Parties agree as follows :
1. Section 2 , "TERM ," of this LEASE , located on page 1, lines 15 through 20 , is
deleted in its entirety, and replaced with the following:
"2. TERM -The term of this LEASE shall be for the period commencing on
November 1, 2014 , through April 30 , 2022 . Notwithstanding any other
provisions of this LEASE , LESSEE shall have the option to renew this lease
for a period of three (3) months , from May 1, 2022 through July 31 , 2022 ,
upon giving LESSOR no less than 210 day written notice , which notice must
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COUNTY OF FRESNO
Fresno, California
L-176 Amend II
2.
be given to LESSOR prior to September 30, 2021 . As to the County, the
County Administrative Officer or the Director of Internal Services/Chief
Information Officer, or a designee of one of them, is authorized to terminate
this LEASE , and to provide the required written notice to exercise said
option to extend this LEASE ."
Section 3, "RENT ," of this LEASE , located on page 1, lines 21 through 28 ,
and located on page 2 , lines 1 through 3 , is deleted in its entirety, and replaced
with the following :
"3. RENT -LESSEE agrees to pay LESSOR rent on or about the first day of
each month for both the Office Space (including 23 Parking Stalls , for which
no Rent is charged), and for Basement Storage Space , the "Total Base Rent",
according to the following schedule:
Office Space -Base Rent ;
November 1, 2014 to October 31, 2015 ; Office Space = 40,144 sq/ft,
$48,172.80 per month ($1.20 sf/ft .).
November 1, 2015 to October 31, 2016 ; Office Space = 40, 144 sq/ft,
$48,975 .68 per month ($1.22 sf/ft .).
Februa[Y 1, 2016 to Janua[Y 31, 2017 ; Office Space = 40 ,144 sq/ft,
$49,176.40 per month ($1 .225 sf/ft.).
Februarv 1, 2017 to Januarv 31, 2019; Office Space = 40, 144 sq/ft,
$50 ,380.72 per month ($1 .255 sf/ft.).
Februa[Y 1, 2019 to Janua!Y 31, 2021 ; Office Space = 40 , 144 sq/ft,
$51,183.60 per month ($1.275 sf/ft .).
Februa!Y 1, 2021 to April 30, 2022; Office Space = 40,144 sq/ft, $52,990 .08
per month ($1.32 sf/ft.).
May 1, 2022 to July 31, 2022 ; Office Space = 40 ,144 sq/ft , $52 ,990 .08 per
month ($1 .32 sf/ft .) (option to extend).
Basement Storage Space Rent:
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COUNTY OF FRESNO
Fresno, Californ ia
L-176 Amend II
November 1, 2014 to April 30, 2022 ; 5 ,842 sq/ft, $993.14 per month ($0.17
sf/ft.).
May 1. 2022 to July 31, 2022 ; 5 ,842 sq/ft, $993 .14 per month ($0.17 sf/ft.)
(option to extend).
23 Parking Stalls:
November 1, 2014 to April 30, 2022 ; No rent charged.
May 1, 2022 to July 31, 2022 ; No rent charged. (option to extend).
The Parties agree that this Amendment II is sufficient to amend the LEASE , and
agree that upon execution of th is AMENDMENT 11 , the LEASE , AMENDMENT I, and
this AMENDMENT II shall together be considered the LEASE. All provisions set forth
in the LEASE , and not amended herein , shall remain in full force and effect.
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COUNTY OF FRESNO
Fresno, California
L-176 Amend II
EXECUTED as of the date first herein specified.
LESSOR:
John S. Foggy
By Q/2/4 J ...Jd tf'f 1!/
John S. Foggy
Fund No . 0001
Subclass 10000
Org. No. 5610
Acct. No . 7340
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LESSEE:
COUNTY OF FRESNO
BY'...!~~~~::!::::::==::::,~~~~~ ---1---
Ernest Buddy Mende , Chairman
of the Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy