Reso 1997-071 to 075 - Laserfiche WebLink

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FIRST AhIENDhiENT TO LEASE AGREEMENT This First Amendment to Cease Agreement (this "Amendment") is made and d AtMB mope=tyf L.P., a February 16, 1999, by and between City of San Leandro ("Tene to ant"), and facts: Delaware limited partnership ("Landlord"), with RECITALS WHEREAS, APT IND/APTS Realty, Inc., Landlord's predecessor-in-interest and Tenant have leasing of those entered into that certain Lease Agreement dated May 7, 1997 (the "Lease"), for theertain premises, consisting of approximately 19,285 rentable square feet and located at 2952 A-D Alvarado Street, San Leandro, California (the "Premises"); and WHEREAS, Landlord and Tenant wish to modify some of the provisions of the Lease to extend the Term of the Lease for fifteen (15) months, all upon and subject to each of the terms, conditions and provisions set forth herein. other good and le h�Wcei t and adequacy cy of which ain re hereby acknowledged, n of the foregoing and rLandlord and Tennthereby tagree as P follows: 1. Recitals: Landlord and Tenant agree that the above recitals are true and correct. 2. Term: The Term of the Lease shall be extended for fifteen (15) months (the "Extended Term"). nce on May 1, 1999, and the expiration date of the Extended The Extended Term shall comme Term of the Lease (as modified herein) shall be July 31, 2000. ent 3. B_ase Rent for Extended Term,the cotttmenc ng on May 1dd Term: T 1999 shall be $11he monthly Base R,571 00 peremonthenant during the The monthly Base Rent payable during the Extended Term shall be paid by Tenant to Landlord in accordance with the terms and provisions of Paragraph 4 of the Lease. 4, Condition of Premises: Tenant acknowledges and agree9,,hat its possession of the Premises after May 1, 1999 is a continuation of Tenant's possession of the Premises under the Lease. Tenant is familiar with the condition of the Premises, and agrees to accept the Premises in their existing condition "AS IS". S. Brokers: Tenant warrants that it has had no dealing with any real estate broker or agent in connection with the negotiation of this Amendment whose commission shall be payable by Landlord. If Tenant has dealt with any person, real estate broker or agent with respect to this Amedment, Tennt shall be solely to said erson o ue ft mnand Tenants sresponsible hall hold Landlord free a dharmless aga nst any liabi tydwith respect thereto, including attorneys' fees and costs. 6. Option to Extend the Lease: Landlord and Tenant acknowledge and agree that, Tenant exercised the Option to Extend the Lease set forth in Addendum 1 to the Lease, and except for tnot have any additional rights under the Lease he Second Option set forth below, Tenant does to further extend the Term of the Lease. 6.1. Grant of Extension Option. Subject to the provisions, limitations and conditions set forth in Paragraph 6.5 below, Tenant shall have an Option ("Option") to extend the term of the Lease for four (4) months (the "Second Extended Term"). 6.2. Tenant's Option Notice. If Landlord does not receive written notice from Tenant of its exercise of this Option on a date which is not more than one hundred fifty (150) days nor less than one hundred twenty (120) days prior to the end of the Extended Term of the Lease (die "Second Option Notice"), all rights under this Option shall automatically terminate and shall be of no further force or effect. 6.3. Establishin the Initial Mont hl Base Rent for the Second Extended Term. The initial monthly Base Rent for the Second Extended Term shall be the then current market rent for similar space within the competitive market area of the Premises (the "Fair Rental Value"). Rental Value" of the Premises means the fair market rental value of the Premises as of the 99LE1SDC1rY0fSL.AMP 02/1249