1 AMENDMENT TO LISTING AGREEMENT FOR SALE AND LEASE
THIS AMENDMENT TO LISTING AGREEMENT FOR SALE OR LEASE
(“Amendment”) dated for reference purposes only as of ________________, 2021, is entered into by and between the CITY OF ALAMEDA, a municipal corporation (“City”), and CUSHMAN & WAKEFIELD CALIFORNIA, INC., a California corporation (“CW”), with reference to the following:
RECITALS
A. City and CW are parties to that certain Listing Agreement for Sale and Lease dated June 1, 2015, as amended by that certain First Amendment to Listing Agreement dated October 16, 2018 (collectively, the “Agreement”).
B. The Term of the Agreement is currently set to expire on December 31, 2021.
C. City and CW desire to modify the Agreement to extend the Term of the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the forgoing and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and on the terms, covenants and conditions herein, Landlord and Tenant hereby agree as follows:
AGREEMENT
1. Term. Section 8.1, Term, of the Agreement is hereby modified to read as follows:
“The term of this Agreement shall commence on the 1st day of June 2016, and shall expire on the 31st day of December 2023, unless either party, with 60 days prior written notice, terminates the Agreement.”
2. Miscellaneous.
(a) Ratification. Except as herein modified or amended, the provisions, conditions and terms of the Agreement shall remain unchanged and in full force and effect. In case of any inconsistencies between the provisions of the Agreement and this Amendment, the provisions of this Amendment shall govern and control.
(b) Defined Terms. Capitalized terms used in this Amendment shall have the same definitions as set forth in the Agreement to the extent that such capitalized terms are defined therein and not redefined in this Amendment.
(c) Counterparts. This Amendment may be executed in multiple counterparts each of which is deemed an original but together constitutes one and the same instrument. This Amendment may be transmitted in “pdf” format and each party has the right to rely upon a pdf counterpart of this Amendment signed by the other party to the same extent as if such party had received an original counterpart.
March 15
2 IN WITNESS WHEREOF, City and CW have executed this Amendment as of the day and year first above written.
CITY:
City of Alameda,
a municipal corporation
By: _____________________________
Eric J. Levitt
City Manager
CW:
Cushman & Wakefield California, Inc.
a California corporation
By: _____________________________
Name: ___Tyler Kellogg_______________
Title: ___Managing Principal__________
Approved as to Form
By: _____________________________
J. Aaron Duffy
Staff Counsel
By: _____________________________