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HomeMy WebLinkAboutCook, James - 4th Amendment to Lease Agreement Regarding Fresno-Clovis Regiona Wastewater Reclamation Facility Properties and Effluent for APNs: 327-030-41, 327-030-22s, 327-040-08, 327-040-11, 327-040-26FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO LEASE AND AGREEMENT (Amendment) is entered into effective April 1, 2020, (Effective Date), and amends the Agreement (defined below) 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 Reclamation 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 thr ough 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 accordingly, 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, the Agreement is due to expire on December 31, 2020, neither party is currently in default on its obligations under the Agreement, and Lessee has demonstrated good, safe farming practices in the use of final effluent to irrigate non­ food crops; and WHEREAS, on March 30, 2020, Lessee contacted Lessor and indicated that due to the cur rent national emergency caused by the COVID-19 global pandemic, Lessee's farming operations have experienced economic hardship making it impractical to continue operations under the terms of the Agreement and subsequent amendments; and, WHEREAS, the Lessor and Lessee now desire to amend the Agreement to modify Lessee's rental fee obligations as set for the below. 1 ID: 20-00546