HomeMy WebLinkAboutFIESTA MARKETPLACE PARTNERS #1 (3)-2011A-2010-090-01
INSURANCE NCB iEClJ1RED
C 'NORK MA ( ?'RU SEED
C; 1 E R K '( 1k ',;)?JN0it,
AUG 1 8 2 o l l AMENDMENT AND EXERCISE OF SECOND
OPTION OF LEASE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND
FIESTA MARKETPLACE PARTNERS #1
This Amendment and Exercise of Second Option is made and entered by and between
' Fiesta Marketplace Partners #1 ("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 29th day of July, 2011.
t
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)
v options, exercisable at the sole option of the Tenant.
B. The parties hereto desire to exercise the second option on a month-to-month basis, and make
amendments to certain sections of terms 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. Section 2, "Premises", shall be amended to reduce the square footage of the rented Premises to 2267
square feet in the building located at 305 E. Fourth Street, Second Floor, Santa Ana, as depicted on Exhibit
A, attached hereto and incorporated herein.
2. Section 3, "Term of Lease" is hereby modified by exercising the second option to extend the
Agreement on a month-to-month basis, effective on August 1, 2011, until terminated by either party with
sixty (60) days written notice.
3. Section 4, "Rent" shall be adjusted in accordance with the Annual Adjustment term of said
Agreement, with a 2% rental increase, modified to reflect the reduced square footage, so that the monthly
rental payments shall be $3,537.00.
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 Amendment and Exercise of Second
Option the date and year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
CITY OF SANTA ANA
Paul M. Walters
Interim City Manager
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
Lisa Storck
Assistant City Attorney
Fiesta Marketplace Partners #1
Irving M. Chase
Title/Tax ID:
W
w
0
r.
D
O
J
CA
CD
CD
CrJ
W
y
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCILMEMBERS
P. David Benavides
Carlos Bustamante
Michele Martinez
Vincent F. Sanniento
Sal Tinajero
August 15, 2011
Mr. Irving M. Chase
Fiesta Marketplace Partners
P.O. Box 10728
Costa Mesa, CA 92627-0728
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA • P.O. BOX 1988
SANTA ANA, CALIFORNIA 92702
RE: Clarification of Terms of Lease/Reduction in Space Rented by City
Dear Mr. Chase:
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Maria D. Huizar
This letter is written for clarification with regard to the Lease Agreement ("Agreement") originally dated
August 1, 2009, between the City of Santa Ana (as "Tenant") and Fiesta Marketplace Partners ("Landlord") for
rental of approximately 3,910 square feet at the Premises located at 305 E. Fourth Street, Second Floor, in the
City of Santa Ana.
As you are aware the second option of the Agreement was exercised, effective August 1, 2011, with changes
making it a month to month agreement requiring sixty (60) days notice of termination. Further, due to a change
in the City's rental needs, the square footage for the rental space was reduced to 2,267 square feet, with the
corresponding reduction in the amount of rent to be paid by the City. The other space of approximately 1,643
square feet was vacated by the City on or before July 31, 2011.
Sincerely,
r
f? N
Paul Walters
Interim City Manager