Attachment A THIRD AMENDMENT TO LEASE

Transcription

1 2 2 GA 2-- SSA/West Regional Center 600 Chip Avenue Cypress, CA 060 THIS, ( Third Amendment ) is made, 206, by and between WARLAND INVESTMENTS COMPANY, a California limited partnership, (hereinafter referred to as LESSOR ), and the COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as COUNTY ), without regard to number and gender. COUNTY and LESSOR may individually be referred to herein as a Party and collectively as the Parties. R E C I T A L S I. Pursuant to a lease dated November 0, 2000, ( Lease ) LESSOR, leases to COUNTY approximately,0 rentable square feet in the building located at 600 Chip Avenue, in the City of Cypress, California (the Premises ), which space is more particularly described on Exhibit A and Exhibit B of the Lease. II. The Lease was amended on August 2, 200 ( First Amendment ), to reallocate certain of the Parties respective obligations with regard to repair and maintenance of the Premises and certain building systems. III. The Lease was amended on July, 204 ( Second Amendment ), to reduce the monthly rental rate and extend the term. The term of the Lease commenced on August, 200, and will expire on March, 206, pursuant to the Second Amendment. IV. LESSOR and COUNTY are willing to amend the Lease to reduce the monthly rental rate and extend the term for two (2) more years through March, 208. NOW THEREFORE, LESSOR and COUNTY do hereby agree to amend the Lease, effective April, 206, as follows: A. Clause. TERM (2.2 N) is hereby deleted from the Lease and the following is substituted :. TERM (2.2 N) The term of this Lease commenced on August, 200, ( Commencement Date ), and will terminate on March, 208. B. Clause 8. RENT ADJUSTMENT (.B N) is hereby deleted from the Lease and the following is substituted : {020.2} JB: 2//206 Page of GA 2-

2 RENT ADJUSTMENT (. S) The monthly rent payable by COUNTY for the Premises shall be automatically adjusted as follows: Months Monthly Rental Per Square Foot April, 206 March, 20 (Months -2) April, 20 September 0, 20 (Months -8) October, 20 March, 208 (Months -24) $2,.00 $.00 $6,. $.46 $6,0. $. The Monthly Rent, above, is the amount to be paid by COUNTY. The Per Square Foot rate, above, is an estimate for statistical purposes only and for no other purpose. C. Clause 24. COMMISSION (6. N) is deleted from the Lease and the following is substituted: 24. COMMISSION (6. S) COUNTY s obligations and responsibilities under this Lease are contingent upon the LESSOR paying to COUNTY Twenty-One Thousand Seven Hundred Thirty-Seven Dollars and Sixty-Eight Cents ($,.68) commission as a result of this lease transaction. Said commission shall be paid to COUNTY by May, 206. Said commission payment shall be made payable to the County of Orange and delivered to COUNTY s Chief Real Estate Officer at W. Santa Ana Boulevard, Third Floor, Santa Ana, California 0. Should COUNTY not receive the above amount within the specified time period, COUNTY, at COUNTY s sole option, may deduct any unpaid amount of the commission from future rent payable to LESSOR by COUNTY. D. Clause. ATTACHMENTS (8.2 S) is deleted from the Lease and the following is substituted:. ATTACHMENTS (8.2 S) This Lease includes the following, which are attached hereto and made a part hereof: I. GENERAL CONDITIONS II. EXHIBITS Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Description - Premises Plot Plan - Premises [Intentionally Omitted] County Tenant Improvements Specifications Construction Agreement Form of Prudential Non-Disturbance Agreement Warland Signage Criteria {020.2} JB: 2//206 Page 2 of GA 2-

3 Exhibit H. Exhibit I. Exhibit J. Roof Access/Satellite Dish Regulations List of County-Owned Equipment Termination Cost Amortization 2 2 E. New Clause. OPTION TO TERMINATE is hereby added to the lease as follows:. OPTION TO TERMINATE LEASE (2.4A N) COUNTY shall have the option to terminate ( Termination Option ) this Lease at any time after September 0, 20 upon giving LESSOR written notice by at least April, 20. Time is of the essence in COUNTY s exercise of the Termination Option. If LESSOR does not receive the COUNTY s written Termination Option by April, 20, the Termination Option shall be automatically void. Should COUNTY exercise said Termination Option, LESSOR may, by October 0, 20, make a claim for reimbursement of the unamortized cost of lease commissions ( Claim ). The amount of said reimbursement shall be determined in accordance with Exhibit J ( Termination Fee Amortization Schedule ), attached hereto and made a part hereof. If the Claim is not received by COUNTY by October 0, 20, LESSOR s right to reimbursement shall be deemed waived. COUNTY shall have sixty (60) days after receipt of the Claim by LESSOR to pay said Claim. F. New Exhibit J. Termination Cost Amortization is hereby added to the Lease. G. Wherever a conflict in the terms or conditions of this Third Amendment and the Lease as modified by the First Amendment and Second Amendment exists, the terms or conditions of this Third Amendment shall prevail. In all other respects, the terms and conditions of the Lease, as previously amended, not specifically changed by this Third Amendment, shall remain in full force and effect. {020.2} JB: 2//206 Page of GA 2-

4 2 2 IN WITNESS WHEREOF, the parties have executed this Third Amendment the day and year first above written. APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL ORANGE COUNTY, CALWORNIA Date I RECOMMENDED FOR APPROVAL: Social Services Agency BY: County Executive Office Director of Administration LESSOR WARLAND INVESTMENTS COMPANY, a California limited partnership Robertson Management Company, LLC, a California limited liability company, Co-Managing Director Carl W. Robertson, Jr., Manager Law Warschaw Management LLC, a California limited liability company, Co-Managing Director Hope I. Warschaw, Manager BY: John Beck, Administrative Manager Real Estate Services SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER GC 0, RESO. - Attest: ROBIN STELER Clerk of the Board of Supervisors of Orange County, California COUNTY COUNTY OF ORANGE Chairman of the Board of Supervisors Orange County, California 020.2] JB: 2/206 Page 4 of GA 2-

5 EXHIBIT J {020.2} JB: 2//206 Page of GA 2-