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.
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ID: 20-00546