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.
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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,
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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.
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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:
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DAT' . / /9e5_ DATE : //Ce S/
APPROVED AND ACCEPTED:
BY: )
FOR: City of Seal Beach
201 Eighth Street
Seal Beach, CA 90740
DATE : //.1/b
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