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HomeMy WebLinkAboutFIESTA MARKETPLACE PARTNERS #1 (2) -2010A-2010-o9b INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL narF: EXERCISE OF FIRST OPTION OF LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FIESTA MARKETPLACE PARTNERS 91 This Exercise of First Option is made and entered by and between Fiesta Marketplace Partners 41 ("Landlord") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California ("Tenant') this i_ day of July, 2010. > RECITALS: A. The parties entered into the Lease Agreement for the rental of space within that certain building known as 305 E. Fourth Street, Second Floor, in the City of Santa Ana 92701 ("Property") commencing on August 1, 2009. Said Agreement had a one-year term with two (2) one-year options, exercisable at the sole option of the Tenant. B. The parties hereto desire to exercise the first one-year option and increase the rent as set forth in said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement, the parties hereto do hereby agree as follows: 1. The "Term of Lease" section of said Agreement is hereby modified by exercising the first one-year option to extend the Agreement, effective on August 1, 2010 through July 31, 2011. 2. The "Compensation" section of said Agreement is currently $5,865.00 and shall be adjusted in accordance with the Annual Adjustment term of said Agreement, with a 2% rental increase, so that the monthly rental payments shall be $5,982.00, during the term of the first option. 3. In accordance with section 4 (c), Landlord shall provide the modifications (set forth in detail in said Agreement) to the Property at no cost to the Tenant so long as Tenant exercises at least one 1-year option. Landlord shall provide Tenant with documentation pertaining to the cost of the Improvements prior to the time of execution of this Exercise of Option. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Exercise of First One-Year Option the date and year first above written. ATTEST: I//r? f?? 1Ai Maria D. Huizar Clerk of the Council CITY OF SANTA ANA David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Lisa Storck Assistant City Attorney "LANDLORD" C Fies a Marketplace Partners #1 Irving M. Chase Title/Tax ID: Tax ID: 52-1443709