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File #: ID#15-324    Version: 1 Name:
Type: Action Item Status: Passed
File created: 4/15/2015 In control: City Council
On agenda: 4/30/2015 Final action: 4/30/2015
Title: Actions pertaining to the Second Amendment to the Tenancy Agreement between the City of Fresno and Kocky's Bar & Grill L.L.C. (Council District 3) 1. Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA) Guideline Section 15301 for lease extension 2. Approve the Second Amendment to the Tenancy Agreement between the City of Fresno and Kocky's Bar & Grill L.L.C. and authorize the City Manager to execute the agreement subject to City Attorney approval
Sponsors: Office of Mayor & City Manager
Attachments: 1. Second Amendment to Kocky's Lease - 4_21_15.pdf
REPORT TO THE CITY COUNCIL



April 30, 2015


FROM: R. RENENA SMITH, Assistant City Manager
Mayor/City Manager Department


SUBJECT
Title
Actions pertaining to the Second Amendment to the Tenancy Agreement between the City of Fresno and Kocky's Bar & Grill L.L.C. (Council District 3)
1. Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA) Guideline Section 15301 for lease extension
2. Approve the Second Amendment to the Tenancy Agreement between the City of Fresno and Kocky's Bar & Grill L.L.C. and authorize the City Manager to execute the agreement subject to City Attorney approval

Body
RECOMMENDATION

Staff recommends that the City Council:

1. Adopt a finding of a Categorical Exemption pursuant to Class 1 of the California Environmental Quality Act (CEQA) Guideline Section 15301 for lease extension.
2. Approve the Second Amendment to the Tenancy Agreement between the City of Fresno and Kocky's Bar & Grill L.L.C. and authorize the City Manager to execute the agreement subject to City Attorney approval.

EXECUTIVE SUMMARY

The City of Fresno ("City") owns property at 1231 Van Ness, Fresno, CA 93721 ("Premises") that it has been leasing, month to month, to Kocky's Bar & Grill L.L.C. ("Tenant"), since March 31, 2011. City and Tenant amended the term of the lease on September 26, 2014, regarding insurance requirements of the Lease. Tenant has been unable to make regular lease payments but desires to now become current on past due rents. Tenant is requesting that City make desirable improvements to the windows and signage on the Premises in an amount not to exceed $10,000. City and Tenant now desire to amend the lease to: (1) fix the term to 36 months; (2) include a payment plan for Tenant to become current on past due rents while making current rental payments; and (3) provide for building improvements desired by Tenant.

BACKGROUND

The City of Fresno has leased P...

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