FIRST AMENDMENT TO ENCROACHMENT LICENSE AGREEMENT
This First Amendment ("Amendment") entered into between the City of Fullerton, a municipal corporation ("LESSOR"), and FLORENTINE'S TUSCANY CLUB ("LESSEE");
LESSOR and LESSEE entered into a contract titled "Site Lease Agreement and Encroachment Agreement" dated November 24, 2004. The contract is referred to as the "Original Contract". The Original Contract is hereby amended as follows:
1. LESSEE name to read Intimate Inns of California, Inc., a California corporation; D.B.A. Florentine's Tuscany Club.
2. The Term of the Original Contract is amended and will be for six 6) years commencing as of April 01, 2017 (New Commencement Date) and terminating May 30, 2023 New Termination Date) (" New Lease Term"). Unless otherwise terminated in accordance with Paragraph 14 of the Original Contract, LESSEE shall have the option to renew the lease for twelve (12) additional two (2) year terms ("Renewal Term") with written request no less than six (6) months prior to the expiration of the then current term.
Section 3 of the Original Contract is being amended adding that the encroachment lease area is approximately 384sf.
Rent: Section 5(a) is amended to reflect the rent will be $429.69/mo. through March 31, 2018 and will be adjusted April 1, 2018 annually throughout the New Lease Term and any subsequent Renewal Terms in accordance with Section 5(b) - 5(d) of the Original Contract.
This is the entire Amendment of the parties relating to the Original Contract. All other terms of the Original Contract remain in full force and effect. The terms of this Amendment will become effective upon execution of the same by CITY.
Intimate Inns of California, Inc., CITY OF FULLERTON,
a California corporation a municipal corporation
Inseph Aloren tini, Presilent
Joseph Florentine, President Donald K. Hoppe, Director of Public Works Date: Date: 7-18-17
July 13,2011
APPROVED AS TO FORM:
7480
City Attorney Date
Enc. #56
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State or Calitornia
County of Urany
on July 132011
personally appeared Joseph
who proved to me on the basis of satisfactory evidence to be thé person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that che/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
MARIA L. FRANCO
Commission # 2085956
WITNESS my hand and official seal.
Notary Public - California
Orange County
My Comm. Expires Oct 24, 2018
(Seal)
Enc. #56