1 SECOND AMENDMENT TO
LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT (Amendment) made and entered into as of this ______ day of August 2026 (Effective Date), amends the Lease Agreement (Agreement) between the CITY OF FRESNO, a California municipal corporation (City), and Fresno Economic Opportunities Commission, a California non-profit corporation (Lessee), entered into on March 31, 2011, and effective April 1, 2011, to consolidate the existing five leases for the five (5) properties described below into a single master Lease Agreement.
RECITALS
WHEREAS, the Agreement provided for an initial term of ten (10) years with the option to renew the term for not more than one extension of five years at the expiration of the initial term. Both Parties agreed to exercise said option to renew the term for each of the five (5) properties listed below for one (1) successive term of five (5) years, for a term expiration of March 31, 2026; and
WHEREAS, the City and Lessee agreed to a First Amendment terminating the Agreement for a portion of the property known as Ted C. Wills Community Center, specifically 2,600 square feet, located at 1445 E. Thomas, Fresno, California (TED C.
WILLS), effective September 30, 2024; and
WHEREAS, the City and Lessee agreed to a First Amendment to extend the term of the Agreement at four (4) sites known as Mary Ella Brown Community Center, Romain Playground, Land located at Willow and Balch in Fresno, California, and Mosqueda Community Center through September 1, 2026; and
WHEREAS, the City and Lessee now desire to amend the Agreement to memorialize the future of four (4) properties and to modify and set forth the terms of termination for two (2) properties as described below:
WHEREAS, the Agreement for a portion of the property known as Mary Ella Brown Community Center, specifically 3,995 square feet, located at 1350 E. Annadale, Fresno, California (MARY ELLA BROWN), will terminate on September 1, 2026. The City agrees not to hold the Lessee liable for rent at MARY ELLA BROWN and releases the Lessee from their rental obligations as of September 1, 2026, and forward; and
WHEREAS, the City and Lessee desire to amend the Agreement for a portion of the property known as Romain Playground, specifically 2,000 square feet, located at 745 N.
First Street, Fresno, California (ROMAIN), will terminate on September 1, 2026. The City agrees not to hold the Lessee liable for rent at ROMAIN and releases the Lessee from their rental obligations as of September 1, 2026, and forward; and
WHEREAS, the City and Lessee desire to amend the Agreement for the Land located at Willow and Balch, Fresno, California (WILLOW/BALCH), to extend the Agreement an additional one year to September 1, 2027; and #(&
"") #$
2 WHEREAS, the City and Lessee desire to amend the Agreement for a portion of the property (land only) known as the Mosqueda Community Center located at 4670 E. Butler (includes use of kitchen facilities at times and duration acceptable to City) (MOSQUEDA), to extend the Agreement an additional one year to September 1, 2027; and
WHEREAS, City and Lessee agree that a new Agreement is necessary at the termination of the Second Amendment for the WILLOW/BALCH and MOSQUEDA properties.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the aforesaid Agreement be amended as follows:
1. The recitals to this Amendment are incorporated herein and made a part of this Amendment.
2. The Agreement affirms the lease for MARY ELLA BROWN and ROMAIN properties will terminate effective September 1, 2026.
3. Both Parties agree to extend the Agreement the term an additional year to September 1, 2027, for the remaining properties of WILLOW/BALCH and MOSQUEDA.
4. The City and Lessee agree to endeavor to negotiate new terms for a ground lease for WILLOW/BALCH and MOSQUEDA .
In the event of any conflict between the body of this Second Amendment and any Exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Second Amendment, shall be null and void.
Except as otherwise provided herein, the Lease Agreement entered into by the City and the Lessee on March 31, 2011, and effective April 1, 2011, remains in full force and effect.
[Signatures follow on the next page.]
#(&
"") #$
3 637984v1
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO, a California municipal
corporation
B y :
Aaron Aguirre
PARCS Director
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
B y :
Tricia Herrera Date
Deputy City Attorney
ATTEST:
AMY K. ALLER,
City Clerk
B y :
D a t e
Deputy
FRESNO ECONOMIC OPPORTUNITIES
COMMISSION,
a California Non-Profit Corporation
B y :
N a m e :
T i t l e :
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
B y :
N a m e :
T i t l e :
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
#(&
"") #$
')"* &
+(' )
%
!
$(',