FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT, dated for purposes of
identification only this day of , 2024, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
FROME DEVELOPMENTS OMEGA LLC, a California corporation, hereinafter referred to as "CONTRACTOR."
W I T N E S S E T H:
WHEREAS, ANAHEIM and Frome Developments Omega entered into an Agreement dated November 18, 2008, (hereinafter the “Agreement”), and entered into a First Amendment to Agreement dated August 31, 2010, a Second Amendment dated October 9, 2012, a Third Amendment dated October 17, 2017 and a Fourth Amendment dated October 5, 2022 for the use of an office and warehouse for storage of police evidence materials and related items; and WHEREAS, the parties desire to amend the Agreement to increase the compensation paid to Frome Developments Omega for the use of the office and warehouse, and to extend the term of the Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
2 1. Section 2 of the Agreement, Basic Lease Provisions, is hereby amended to read as follows:
“Lease Term: 36 months beginning December 1, 2024. Starting November 1, 2025, ANAHEIM may terminate the lease prior to the end of the Lease Term by providing thirty (30) days written notice to CONTRACTOR”
2. Section 4 of the Agreement, Basic Lease Provision, is hereby amended to read as follows:
“The monthly rental rate from December 1, 2024 through November 30, 2025 shall be $3,620.00. The monthly rental rate from December 1, 2025 through November 30, 2026 shall be $3,800.00. The monthly rental rate from December 1, 2026 through November 30, 2027 shall be $4,000.00.
3. Except as expressly amended hereby, all the remaining provisions of the Agreement shall remain in full force and effect.
4. Frome Developments Omega and Frome Developments Omega’s signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Fifth Amendment to Agreement on behalf of Frome Developments Omega and to bind Frome Developments Omega hereto.
5. The effective date of this Fifth Amendment to Agreement shall be the latest date of execution hereinafter set forth below the names of the signators hereto. In the event Frome Developments Omega fails to set forth a date of execution opposite the name of Frome Developments Omega signator, Frome Developments Omega authorizes CITY to insert the date of execution by Frome Developments Omega’s signator as the date said Fifth Amendment to Agreement, as executed by Frome Developments Omega is received by CITY. 3 IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY OF ANAHEIM
a municipal corporation
By:
Rick P. Armendariz, Chief of Police
"ANAHEIM"
ATTEST:
By: _
Theresa Bass, City Clerk of Anaheim
DATE OF EXECUTION:
FROME DEVELOPMENTS OMEGA LLC,
a California corporation
By:
Title: Manager
Printed Name: Walter Frome
"CONTRACTOR"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Kristin Pelletier
Chief Assistant City Attorney
Dated: