FIRST AMENDMENT TO SHOPPING CENTER LEASE
FOR SANTA ANA POLICE DEPARTMENT SUBSTATION
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on October 30, 2024, by and between Rio Vista West, LLC, a California Limited Liability Company ("Lessor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("•City"').
RECITALS
A. The parties entered into Agreement# N-2021-177, dated September 14, 202 l ("Agreement"), by which Lessor agreed to lease property to City at 3750 W. McFadden Avenue, Suite I, Santa Ana, CA for use as the Santa Ana Police Department Substation. The term of the Agreement as set forth in the second Option to Renew runs through October 31, 2024, and is still in effect.
B. Exhibit I to the Agreement provides for two options to renew the lease. The parties now wish to amend Exhibit I of the Agreement to add to Section 49, Option to Renew, a third option to renew.
The Parties therefore agree:
I. Exhibit I, Section 49, Option to Renew is amended to include Exhibit 1-1 adding a third option to renew. Exhibit 1-1 will replace Exhibit I of the Agreement.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[Signatures on following page]
Page I of2
EXHIBIT 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above.
ATTEST
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By~JMMJL
AMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL
Acting Chief of Police
CITY OF SANT A ANA
ALVARO NUNEZ
City Manager
RIO VISTA WEST LLC
u
ger & Authorized Agent
EXHIBIT "I-1"
Santa Ana Police
Addendum to Lease dated April 15, 2021 between Rio Vista West, LLC, a California Limited Liability Company ("Lessor") and the Santa Ana Police Department, a division of the City of Santa Ana, a municipal corporation ("Lessee")
Section 49, Option to Renew:
Provided Lessee is not then in default with respect to the Lease to which this OPTION TO RENEW is attached and has kept and performed all of it's obligations under said Lease, Lessee shall have the right and option at any time, at least 180 days before the expiration of said Lease to extend the tenn thereof for three (3) additional one (1) year tenn(s) each, and the third (3) tenn shall the have the option to tenninate, without cause, at eight (8) months with a 60 day notice from the date of expiration of said Lease, which notice of exercise of option shall only be effective if in writing and sent to the Lessor as provided in the Lease for the mailing of notices. Provided, however, that Lessee may not exercise this right if the Lessee has received three (3) or more notices of default throughout the initial tenn of this Lease, whether or not those defaults were cured, or at any time when Lessee has breached and not cured or is in default under this Lease. Should Lessee breach or default under this Lease at any time after giving notice of extension and prior to the first day of the extended term, Lessor shall have the right to declare Lessee's notice void and ofno effect, and the tenn of this Lease shall expire as ifnotice had not been given.
Such Lease extension shall be upon the identical terms and conditions as set for the in the Lease, except thanhe rental to be paid by Lessee shall be increased as follows:
Option 1 - $2,951.00 per month
Option 2 - $3,039.00 per month
Option 3 - $3,191.00 per month (effective November 1, 2024 to October 31, 2025)
The first option must be exercised in a timely manner for the second option term to be valid.
Any security deposit held by Lessor shall be increased in the ratio as the rent is increased in the first year of the option period divided by the rent for the first year of the initial tenn. ~
Upon default in payment of the full increase in rental provided for above, Lessor shall have the same rights and remedies as upon default in the rent otherwise provided for in the Lease.
This OPTION TO RENEW or extend may be exercised only by the original Lessee while physically occupying the Premises an any consent by Lessor to assignment or sublease of the Premises shall not be construed as a waiver of this prohibition.