Fresno County CA header
 
File #: 22-0373    Name: Proposed Repayment Plan for Past Due Rent Owed by Batth Ranch, Inc.
In control: Internal Services
On agenda: 5/17/2022 Final action: 5/17/2022
Enactment date: Enactment #:
Title: Consider and take action on the following options related to the past-due rent owed by Batth Ranch, Inc. for the periods of October 1, 2020 through March 31, 2022 ($103,344) for Lease Agreement No. 10-443 for 320 acres of County-owned farmland located on West American Avenue to the east of the American Avenue Landfill: 1. Deny the proposed request from Batth Ranch, Inc., to pay past-due rent in five equal annual installments during 2022 and 2026, pursuant to staff's recommendation; or 2. Approve the proposed request from Batth Ranch, Inc., to pay past-due rent in five equal annual installments during 2022 and 2026; or a. Direct staff to prepare a First Amendment to the Lease Agreement with Batth Ranch, Inc., with the past-due rent to be paid in five equal annual installments during 2022 and 2026 ($103,344); b. Authorize the Director of Internal Services/Chief Information Officer, subject to review and approval by County Counsel as to legal form, and the Auditor-Controller/Treasure...
Attachments: 1. Agenda Item, 2. Attachment A - Batth Ranch Proposal, 3. On file with Clerk - Notice issued on April 19, 2022 - H. Batth, 4. On file with Clerk - Notice issued on April 19, 2022 - G. Batth
DATE: May 17, 2022

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director, Department of Public Works and Planning
Robert W. Bash, Director, Internal Services/Chief Information Officer

SUBJECT: Proposed Repayment Plan for Past Due Rent Owed by Batth Ranch,
Inc.

RECOMMENDED ACTION(S):
TITLE
Consider and take action on the following options related to the past-due rent owed by Batth Ranch, Inc. for the periods of October 1, 2020 through March 31, 2022 ($103,344) for Lease Agreement No. 10-443 for 320 acres of County-owned farmland located on West American Avenue to the east of the American Avenue Landfill:

1. Deny the proposed request from Batth Ranch, Inc., to pay past-due rent in five equal annual installments during 2022 and 2026, pursuant to staff's recommendation; or

2. Approve the proposed request from Batth Ranch, Inc., to pay past-due rent in five equal annual installments during 2022 and 2026; or

a. Direct staff to prepare a First Amendment to the Lease Agreement with Batth Ranch, Inc., with the past-due rent to be paid in five equal annual installments during 2022 and 2026 ($103,344);

b. Authorize the Director of Internal Services/Chief Information Officer, subject to review and approval by County Counsel as to legal form, and the Auditor-Controller/Treasurer-Tax Collector as to accounting form, to approve and execute a First Amendment to the Lease Agreement with Batth Ranch, Inc.; and,

c. Direct staff to include in the proposed First Amendment:
i. (1) an acceleration clause of all past-due amounts, and any then-currently due amounts, immediately payable on the event of any default in any payment under the repayment plan; and; (2) a contractual commitment that Batth Ranch, Inc., will not allow any lien by a third party against any of the crops grown on the County-owned farmland located on West American Avenue to the east of the American Avenue Landfill; and,

ii. The First Amendment must be entered into by the County and Batth Ranch, ...

Click here for full text