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HomeMy WebLinkAboutORANGE, COUNTY OF SOCIAL SERVICES AGENCY (2)Docualgn Envelope ID:89AF96GB-5E82-4A5A-BE9B-9334BBE824E6 A-2023-107 Return FULLLY EXECUTED Copy to COTC, M-30 INSURANCE NOT REQUIRED WORK MAY PROCEED DAM CM CLERK COPY CEO/SBL/SSAA17-60-I SSA/City of Santa Ana 801 W, Civic Center, Suite 200 ewa Santa Ana, CA 92705 N O N M o FIRST AMENDMENT TO SUBLEASE THIS FIRST _AMENDMENT TO SUBLEASE AGREEMENT ("First Amendment") is made and entered into on Zuk 1St- 2023, ("Effective Date"), by and between CITY OF SANTA ANA a charter city and in mcipal corporation, organized and existing under the Constitution and laws of the State of California, (hereinafter referred to as "Sublessor") and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as "County"), without regard to number and gender. Sublessor and County may sometimes hereinafter be referred to individually as "Party" or jointly as "Parties." RECITALS I. Pursuant to a sublease dated May 7, 2019, ("Sublease"), County subleases from Sublessor approximately 1,260 rentable square feet of office space in the building located at 801 W. Civic Center, Suite 200, in the City of Santa Ana, State of California ("Premises"). II. The Sublessor intends to extend the term of its Master Lease with CF Santa Ana, LLC ("Owner") until June 30, 2033. III. The County and Sublessor intend to enter into a new Memorandum of Understanding ("MOU'� agreement which will commence on July 1, 2023, and terminate on June 30, 2025, for County to continue to provide Cal WORKS services (`Services") at the Premises. IV. The Parties have agreed to also amend the Sublease consistent with the terns below, to extend the term through June 30, 2025, to be coterminous with the new MOU and to adjust rent. NOW, THEREFORE, in consideration of the Recitals, above, which are incorporated herein by this reference, the Parties do herby agree to amend the Sublease as of the Effective Date first written above as follows: A. Clause 6 TERM (1.6 S) is hereby deleted from the Sublease in its entirety and the following clause is substituted: "6. TERM (1.6 S) The term of this Sublease commenced on May 7, 2019 ("Commencement Date") and shall terminate on June 30, 2025, unless otherwise terminated consistent with Clause 8 (OPTION TO TERMINATE SUBLEASE) of this Sublease." B. Clause 9 RENT (1.9 N) is hereby deleted from the Sublease in its entirety and the following clause is substituted: "9. RENT (1.9 N) ES: 5/22P2023 10:54: 10 AM CEO/SBL/SSA-017-60-1 SSA/City of Santa Ana Page I of 4 First Amendment to Sublease DocuBlgn Envelope ID: 69AF96C3-5E62-4A5A-BE9B-9334BBEB24E6 County agrees to pay to Sublessor as rent for the Premises the sum of Three T'bousand One Hundred Three and 08/100 Dollars ($3,103.08) per month commencing on duly 1, 2023 ("Rent Commencement Date") and adjusted annually pursuant to the Rent Adjustment schedule in clause 10 (RENT ADJUSTMEN l) below. To obtain rent payments and payment of any amounts hereunder Sublessor (or Sublessor's designee) shall submit to SSA/Facilities Services Manager, in a form acceptable to said SSA/Facilities Services Manager, a written claim for said rent payments. Payment shall be due and payable within twenty (20) days after the later of the following: A. The first day of the month following the month earned; or H. Receipt of Sublessor's written claim by the SSA/Facilities Services Manager. Payment shall be due and payable whin twenty (20) days after the first day of the month following the month earned." C. Clause 10 RENT ADJUSTMENT (2,0 S) is hereby deleted from the Sublease in its entirety and the following clause is substituted: "10. RENT ADJUSTNT, N1' (2.0 S) The monthly Rent payable by County for the Premises shall be automatically adjusted as follows: Porind Monthly Rent Per SgURTB) pot 7/l/24-G/30/25 $3,193.03 $2.53 The monthly Rent, above, is the amount to be paid by County. The "Per Square Foot" rate, above, is an estimate for statistical purposes only and for no other purpose." D. Wherever a conflict in the terms or conditions of this First Amendment and the original Sublease exists, the terms and conditions of this First Amendment shall prevail. In all other respects, the terms and conditions of the Sublease not specifloaliy changed by this First Amendment shall remain in full force and effect. M 5/224023 I004:10 AM MOISALl3SAA17-60.1 SSA/Cay o£SantaAm Page 2. of First Amendment to Subletao DocuSign Envelope ID: 89AF96C8-5E82-4A5A-BE9B-9334BBEB24E6 This First Amendment may be executed in one or more electronic or original counterparts, each of which will be deemed an original signature, but all of which together will constitute one and the same instrument. WITNESS WIEREOF, the Parties have executed this First Amendment the day and year first above written. APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 5-31-23 FOR APPROVAL: SOCIAL SERVICES AGENCY r0oo'urSlg..d by: I pb�'[ut, tku BY gaat.lwwle�t^. Dorthe Lee, Director of Administration COUNTY EXECUTIVE OFFICE By CEO/RE Administrative Manager SUBLESSOR City of Santa Ana Attest: ennifer . Ha ' Clerk Kristilie Ridge City Manager APPROVED AS TO FORM: City Attorney Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency [Signatures continued on the following page] ES: 5/19/2023 2.27:34 PM CEO/SBLlSSA-017fi0-1 SSA/City of Santa Ana Page 3 of First Amendment to Sublease DocuSlgn Envelope ID: 89AF96C8-6E62.4A5A-BE9B-9334BBE1324E6 SIGNED AND CER'>C IED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE C14AIR OF THE BOARD PER GC § 25103, RESO.79-1535 Attest: ROBIN STIELER Clork of the Board of Supervisors of Orange County, California COL1 TY COUNTY OF ORANGE Chairman of the Board of Supervisors Orange County, California BS: 512242M 19:54:10 AM CROMLISSA-017-60-1 SSA/City of Snnin Ann PW 4 of4 First Amendment to Subiensa