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HomeMy WebLinkAboutAgreement Modifying Lease h as AGREEMENT MODIFYING LEASE THIS MODIFICATION AGREEMENT is made and entered into on , 19 , by and between CALIFORNIA HISTORIC PROPERTIES -80 ( here ni after "Lessor" ) and GROUP W, CABLE INC. (hereinafter "Lessee" ) RECITALS 1 . On October 3 , 1983 , Lessor and Lessee entered into an agreement of lease ( hereinafter "Lease" ) for that certain real property and its appurtenances , situated in Orange County , California and described more particularly as: Old City Hall 201 Eighth Street Seal Beach , California 2. Lessor and Lessee desire to add certain additional space to the premises demised in the Lease and to amend the terms of the Lease in the manner hereinafter set forth. IT IS THEREFORE AGREED as follows: 1 . PAYMENT FOR TENANT IMPROVEMENTS Lessee agrees to and shall pay to Lessor at 1028 Second St. , Sacramento, CA. , 95814 , or at such other place as Lessor shall designate , the sum of S75 , 000 to cover the costs of tenant im- provements necessary to render the premises suitable for Lessee ' s purposes . Such payment shall be made in lawful money of the United States, without any deduction or offset whatever and free from any and all claims and demands against said Lessor of any kind or character. Payment is due on or before January 1 , 1984 . Failure to make payment by January 30 , 1984 , shall constitute a default of the Lease entitling Lessor to make use of any remedies provided for in the Lease . 2 . RENTAL OF ADDITIONAL PROPERTY In addition to the property described in the Lease , Lessor does hereby demise, lease and let to the Lessee that certain real property and its appurtenances situated in the County of Orange , State of California, described more particularly as space 221 on plans on file at the City of Seal Beach and consisting of 234 square feet (hereinafter "space 221" ) . The lease of "space 221" shall be governed by all the terms and conditions set forth in the Lease with the exception of the rent term which shall be provided for herein. -1- E:1 ( 12/16/83) 3 . RENT "Space 221" shall be let rent free for the first 24 months of the lease. Commencing on the 25th month and continuing through the 36th month of the lease, monthly rent shall be determined by multiplying the base figure $ 236 . 70 by the actual percentage increase in the Consumer Price Index between the first day of the first month the lease commences and the first day of the 24th month of the lease or 12% whichever is less. Effective on the 37th month of the lease and annually thereafter during the term of the lease or any extension or renewal thereof , the minimum monthly rental shall be adjusted in accordance with increases in the Consumer Price Index. Such adjustment will be limited to the actual increase in the Consumer Price Index or 6% whichever is less . The Consumer Price Index to be used and the method of determining increases in that index are described in paragraph 38 of the Lease. 4 . PAYMENT OF RENT Lessee agrees to and shall pay to Lessor , at 1028 Second Street, Sacramento, CA 95814 , or at such other place as Lessor shall from time to time in writing designate as rent for "space 221" in lawful money of the United States, without any deduction or offset whatever and free from any and all claims and demands against said Lessor of any kind or character the monthly sum as computed in paragraph 3 of this agreement. The first such pay- ment shall be made on or before the first day of the 25th month of the lease. Each payment shall be in advance on the first day of the calendar month commencing with the 25th month of the Lease . Failure to make payment on the first day of each month shall constitute a default of the entire Lease entitling Lessor to make use of any remedies provided for in the Lease. 5 . ADDITIONAL PROVISIONS The following additional provisions shall be added to the Lease and shall be labeled paragraphs 50 , 51 and 52. 50 . DISCRIMINATION The Lessee shall not discriminate upon the basis of race, sex, marital status, color, creed , religion , national origin or ancestry in the sale , lease, sub-lease, rental or transfer, or in the use, occupancy , tenure or enjoyment of the property or any part thereof, nor shall the Lessee es- tablish or permit any such practices of discrimination or segregation with reference to the use, occupancy, tenure or enjoyment of the property. 51. EQUAL EMPLOYMENT OPPORTUNITY During the term of this Lease , the Lessee shall not discriminate against any employee or applicant for employ- ment because of race , sex , marital status , color , creed, -2- E:1 ( 12/16/83 ) religion, national origin or ancestry . The Lessee shall take necessary action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex , marital status, color, creed , religion, national origin, or ancestry. Such action shall include, without limitation , the following : employment , upgrading , demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Lessee shall post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by Lessor setting forth the provisions of this non-discrimination clause. In addition, the Lessee shall, in all solicitations or advertisements for employees placed by or on behalf of the Lessee, state that all qualified applicants will receive consideration for employment without regard to sex, marital status , color, creed, religion, national origin or ancestry. 52. ATTORNMENT In the event that Lessor, CHP-80, should terminate the Lease between CHP-80 and the City of Seal Beach for the property known as Old City Hall , 210 Eighth Street, Seal Beach, CA which is the subject of the Lease ; the Lessee , Group W Cable, shall at the option of the City attorn to the City of Seal Beach. Lessee thereby continues it ' s lease in effect on the same terms and conditions as set forth in such lease except that payments, when due, of all rentals payable for any period after termination of the Lease between the City of Seal Beach and CHP-80 shall be made directly to the City of Seal Beach. In the event the Lessee is required to attorn not more than three ( 3 ) months rent ( including security deposits) actually prepaid by Lessee to Lessor will be recognized or allowed as a credit against any rent or other sums owed to the City of Seal Beach to whom the lease attorns. 6 . This Lease shall not take effect until Lessor and the City of Seal Beach have finalized their lease agreement, and the City has approved this Lease and Modificiation Agreement. 7 . In all other respects , the Lease shall remain in full force and effect without change, according to tenure. -3- IN WITNESS WHEREOF , Lessor and Lessee have executed these presents the day and year first above written. LESSOR LESSEE CALIFORNIA HISTORIC PROPERTIES-80 GROUP W, WESTINGHOUSE INC . BY: � . .� i BY: ���1 � DAT' . / /9e5_ DATE : //Ce S/ APPROVED AND ACCEPTED: BY: ) FOR: City of Seal Beach 201 Eighth Street Seal Beach, CA 90740 DATE : //.1/b -4 E :1 (12/16/83 )