1390 El Camino Real, Suite 150
SECOND AMENDMENT TO LEASE AGREEMENT
Lease No. 1261
This Second Amendment to Lease Agreement ("Amendment"), dated for reference purposes only as of February 1, 2009 is by and between 1390 EL CAMINO REAL, LLC, a California Limited Liability Company, as successor in interest to RAYMOND BARRI AND MELODI GHENO-BARRI AND GLENN AND ELIZABETH ROMIG AS TENANTS IN COMMON ("Landlord"), as Lessor, and the COUNTY OF SAN MATEO, a political subdivision of the State of California ("County" or "Tenant"), as Lessee.
A. As authorized by San Mateo County Resolution No. 66136, Raymond Barri and Melodi Gheno-Barri and Glenn and Elizabeth Romig and County entered into a lease agreement, dated for reference purposes as of July 15, 2003 (the "Lease") for approximately 4,000 square feet of rentable space in that certain building commonly known as 1390 El Camino Real, San Carlos, California.
B. As authorized by San Mateo County Resolution No. 67369, the parties entered into the First Amendment to Lease Agreement dated June 21, 2005 (the “Lease As Amended”). The First Amendment modified the term of the Lease and added extension options for the County.
C. Subsequent to entering the Lease, 1390 El Camino Real, LLC purchased the Building.
D. The parties wish to further amend the Lease to acknowledge the new Landlord, modify the term, reduce the size of the Premises, and modify the base rent, otherwise under the same terms and conditions, as herein set forth.
Agreement
For good and valuable consideration as hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Landlord. Any references to the Landlord in the Lease As Amended notwithstanding, the Landlord shall be changed to 1390 EL CAMINO REAL, LLC, a California Limited Liability Company.
2. Term. Any references to the Term or Termination Date of the Lease As Amended notwithstanding, the Lease As Amended is hereby converted to a month-to-month agreement. Either Party shall have the right, by giving not less than thirty (30) days written notice, to terminate this Lease. If this Lease is terminated as set forth herein, the Lease shall terminate as of the effective date of such termination on the same terms as if it expired on the Expiration Date.
3. Premises. Any references to the Premises notwithstanding; Landlord hereby leases to County 1390 El Camino Real, Suite 150, consisting of approximately 1,795 square feet of office space as shown in the attached Exhibit A2 (“Site Plan of Premises”), which is made a part hereof by reference.
4. Rent. Any references to the Base Rent of the Lease notwithstanding; effective upon the execution of the Second Amendment to Lease, the Base Rent shall be $3,410.50 per month.
5. Effective Date; Approval. This Second Amendment shall become effective (the “Effective Date”) when the County Board of Supervisors adopts a resolution authorizing the execution of this Second Amendment, and the Second Amendment is duly executed by the County and the Landlord.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE AMENDMENT, LANDLORD ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF COUNTY HAS AUTHORITY TO COMMIT COUNTY HERETO UNLESS AND UNTIL THE COUNTY BOARD OF SUPERVISORS HAS ADOPTED A RESOLUTION AUTHORIZING THE EXECUTION OF THIS SECOND AMENDMENT TO THE AGREEMENT. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF COUNTY HEREUNDER ARE CONTINGENT UPON ADOPTION OF SUCH A RESOLUTION, AND THIS AMENDMENT SHALL BE NULL AND VOID UNLESS THE BOARD OF SUPERVISORS ADOPTS A RESOLUTION AUTHORIZING THE EXECUTION OF THIS SECOND AMENDMENT. APPROVAL OF THIS AMENDMENT BY ANY DEPARTMENT, COMMISSION OR AGENCY OF COUNTY SHALL NOT BE DEEMED TO IMPLY THAT SUCH RESOLUTION WILL BE ADOPTED, NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON COUNTY.
6. Counterparts. This Second Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
7. No Further Amendments; Conflicts. All the terms and conditions of the Lease As Amended remain in full force and effect except as expressly amended herein. The Lease As Amended by this Second Amendment constitutes the entire agreement between Landlord and County regarding the leased premises and may not be modified except by an instrument in writing duly executed by the parties hereto. In the event of any conflict between the terms of the Lease As Amended and the terms of this Second Amendment, the terms of this Second Amendment shall control.
Landlord and County have executed this Second Amendment as of the date first written above.
LANDLORD:
1390 EL CAMINO REAL, LLC,
a California Limited Liability Company
By: __________________________
Its: __________________________
COUNTY:
COUNTY OF SAN MATEO,
a political subdivision of the State of California
By: _______________________
Mark Church
President, Board of Supervisors
Attest:
____________________________ Resolution No.:_______________
Clerk of the Board
Exhibit A2
Site Plan of Premises
1390 El Camino Real, Suite 150