Loading...
HomeMy WebLinkAboutICM INVESTMENTS, LTD.J, C!, EASE AMENDMENT NO. I HOLDOVER AGREEMENT This Lease Amendment No. I (the "Agreement") is into by and between lCM INVESTMENTS, LTD,, "Lessor") and CITY OF SANTA ANA, a Municipal (the "Lessee") in reference, to the leasehold premises Suite J, Santa Ana, California (the "Premises"), any agreement between the Lessor and Lessee: dated January 29, 1993 and is entered a California Limited Partnership, (the Corporation of the State of California, located at 1415 E. McFadden Avenue, meant to modify the following prior A. Lease dated May 14, 1990, as entered into by and between Lessor and Lessee (the "Lease"). The Lease shall be referred to as the "Prior Agreement." LESSOR AND LESSEE now intend to utilliz,3 this A�',,reernenf to, modify the terms of the Prior Agreement. The Lessor will allow the Lessee to retnain in possession of the Premises after June 30, 1993, and in consideration of such modifications, Lessor and Lessee agree as follows: 1. HOLDOVER TERM. The Holdover Terin shall be on a MONTH -TO -MONTH BASIS, provided, however, that such continuance shall not be considered as being a renewal of the Lease and said month -to -month tenancy may be terminated by either party upon at least ninety (90) days' prior written notice to the other party. 2. BASE 1-101.,,I)OVER RENT. Base Holdover Rent shall be at a rental rate of ONE 'THOUSAND TWO HUNDRED ONE DOLLARS AND 00/100 ($1,201.00) per month, payable on the first day of each month. The first Such installment shall be due and payable on July 1, 1991 3. MONTHLY OPERATING EXPENSES PER SECTION 4.2 OF THE LEASE, Monthly operating expenses per Section 4.2 of the lease shall be a rental rate of SIXTY DOLLARS AND 00/100 ($60.00) per month and payable on the first day of each month. The first Such installment shall be due and payable on July 1, 1991 4. AUTHORY17Y. By signing this Agreement, each of the signatories expressly represent and warrant that he or sine is duly authorized by their respective business entities to execute ai-j"I deliver this Agreement on 'behalf of that party. 5. CONFLICT WITH PRIOR AGREEMENT. Except is expressly inoclifitcl by the I terms and conditions of this Agreement, all the terms and conditions of the Prior Agreement shall remain unmodified, in full force and effect, and shall be fully applicable during the Holdover Term. Should any conflict arise between the provisions of the Prior Agreement and terms of this Agreement, the terms of this Agreement shall control. As to any conflict which exists between the printed terms of the Prior Agreement and those which are typewritten or handwritten, the typewritten and/or handwritten provisions of the most currently dated agreement shall control. The terms of the Prior Agreement shall apply, as so modified to the rights and obligations of Lessor and Lessee during the Holdover Term. Lease Amendment No. I -- Page 2 of 2 City of Santa Ana January 29, 1993 6. TIME LIMIT FOR .LESSEE'S EXECUTION. If Lessee elects to accept this Agreement, Lessee must do so on or before 5:00 p.m. on March 15 1993,by delivery to Lessor a fully executed COPY of this Agreement by the above deadline. This Agreement shall be binding upon Lessor Only upon Lessor's receipt of one Lessee -endorsed copy of this Agreement on or before March 1, 1993, 7. NEGOTIATED TRANSACTION. The provisions of this Agreement were negotiated by all the parties hereto, upon advice of their legal counsel, and the Agreement shall be deemed to have been drafted by all parties thereto. 8. SIGNATURES OF LESSOR AND LESSEE. Lessor and Lessee hereby agree to all of the terms and conditions of this.Agreement, and all Exhibits attached thereto, and understand all the obligations created therein. LESSOR: ICM INVESTMENTS, LTD. a California limited partnership By: ISIDORE C. MYERS Managing General Partner Executed at Newport Beach, CA 1-1 E SS E E: CITY OF SANTA ANA a Mulzicipal Corporation of the State of California By: DANIEL 1-1. YOUNG, Mayor APPROVED AS TO CQNI�N- By: DAVID N. REAM, City Manager ATTEST: B ICE C. GUY, Clerk of the Ctofflu­ 11 APPROVED AS TO FORM: By: EDWA_1'CDJ.'W6.Id City Attorney AD-320,01 (200-2J) Executed at Santa Ana, CA M