1 FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO LEASE AND AGREEMENT (Fifth Amendment) made and entered into as of ___________________, 2022, (Effective Date) is entered into between the CITY OF FRESNO , a California municipal corporation ( Lessor), and James Cook, an individual (Lessee).
RECITALS
WHEREAS, the Lessor and Lessee entered into a "Lease and Agreement Between City of Fresno and James Cook Regarding Fresno-Clovis Regional Wastewater Reclamation Facility Properties and Effluent for APNs: 327 -030-41, 327-030-22s, 327- 040-08, 327-040-11, 327-040-26," effective January 1, 2017 ( Agreement), for Lessee to lease five parcels at Lessor's Fresno -Clovis Regional Wastewater Recla mation Facility (Leased Premises); and
WHEREAS, in accordance with the terms of the Agreement, Lessee has been using the Leased Premises to cultivate and harvest fiber, feed, seed , and food crops/products to be used solely for non-human consumption and has been irrigating the Leased Premises with recycled undisinfected secondary effluent; and WHEREAS, the Lessor and Lessee through a First Amendment to Agreement modified the Agreement by removing one of the parcels (APN 327 -030-41) from the leasehold as of January 1, 2019, and adjusted the fees accordingly; and WHEREAS, the Lessor and Lessee through a Second Amendment to Agreement modified the Agreement by adding a parcel (APN 327 -030-38T) to the leasehold as of April 1, 2019, adjusted the fees accor dingly, and allowed for five one -year renewal options; and
WHEREAS, the Lessor and Lessee through a Third Amendment to Agreement removed one of the parcels (APN 327-030-38T) from the leasehold and adjusted the fees accordingly, and extended the Agreement through December 31, 2020; and WHEREAS, through a Fourth Amendment to the Agreement, the Lessor forbore the April 15 and July 15 rental fee installments through December 31, 2020; and WHEREAS, a new project will be taking over a portion of APN 327 -030-22s of approximately 91 acres currently farmed by the Lessee and Lessee wish to continue farming on the remaining 36 acres of that APN.
AMENDMENT
NOW, THEREFORE, in consideration of the above recit als, which recitals are contractual in nature, the mutual promises herein, and for good and valuable consideration hereby acknowledged, the parties hereby agree that the aforesaid Agreement is amended as follows:
1. Lease Article I Section A, Grant and Description of Leased Premises is amended to read as follows:
“APN 327-030-22S, 36 acres”
DocuSign Envelope ID: A32ABED1-087D-42A2-BB38-9E56F985505D 2 2. Lease Article II Section A, Annual Rental Fee and Due Date is amended to read as follows:
“Commencing on the Effective Date of this Lease and continuing thereafter d uring the term of this Lease, as additional consideration to the public purposes and uses underlying this Lease including disposition and recycling of Effluent, Lessee shall pay to Lessor and annual rental fee for the Leased Premises according to the follo wing schedule, subject to non-renewal/earlier termination as provided in this Lease:
Year 2022 $189,908.00
Year 2023 $189,908.00
Year 2024 $189,908.00”
3. This Fifth Amendment shall become part of and subject to the terms and conditions of the Agreement, which except as modified herein, remains unchanged and in full force and effect.
4. Should any term and condition expressly set forth in this Fifth Amendment conflict with the terms and conditions of the Agreement, the terms and conditions expressly set forth in this Fifth Amendment will prevail.
5. By signing below, the undersigned certify that they have read and understand, and agree to be legally bound by this Fifth Amendment.
[Signatures follow on the next page]
DocuSign Envelope ID: A32ABED1-087D-42A2-BB38-9E56F985505D 3 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Director Date
Department of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC, MMC
City Clerk
By:
Date
Deputy
JAMES COOK,
An individual:
By:
Date
Name: James Cook
Title: an individual
Addresses:
LESSOR:
City of Fresno
Attention: Ms. Jennifer Loving-Biggert
Project Manager
5607 W. Jensen Ave
Fresno, CA 93706
Phone: (559) 621-5130
FAX: (559) 498-1700
LESSEE:
Mr. James Cook
4042 S. Academy
Sanger, CA 93657
Phone: (559) 307-6272
FAX: N/A
DocuSign Envelope ID: A32ABED1-087D-42A2-BB38-9E56F985505D 12/29/2021
1/4/2022
Georgeanne White
Clerk Attesting