SEVENTH AMENDMENT TO LEASE AGREEMENT
Lease No. 1173
This Seventh Lease Amendment ("Amendment"), dated for reference purposes only as of July 13, 2010 is by and between Ferrando and Franceschini, a partnership ("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. 53413, Landlord and Tenant entered into a lease agreement, dated for reference purposes as of December 12, 1989 (the "Lease") for approximately 10,607 square feet of clinic space and 19,806 square feet of warehouse space in that certain building commonly known as 2700 Middlefield Road in unincorporated North Fair Oaks, California.
B. The County now occupies the premises on a month to month basis under the terms of the holdover provision of the Lease as amended by the First through the Sixth Amendments and authorized by San Mateo County Resolutions No. 54894, 55215, 60104, 60308, 64254 and 68172 (the “Lease As Amended”).
C. The Landlord and the County wish to further amend the Lease As Amended to extend the term under the same terms and conditions, and to grant County the right to terminate the Lease As Amended as herein set forth.
For good and valuable consideration as hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Term. Any references to the Term or Termination Date of the Lease as Amended notwithstanding, the expiration date of the Lease As Amended is hereby amended and extended to August 14, 2015.
2. Early Termination. At any time after August 14, 2012, the County may terminate the Lease As Amended by giving Landlord three hundred sixty five (365) days written notice. If Tenant elects to terminate, upon the expiration of such three hundred sixty five day period, the Lease As Amended shall terminate as if it had otherwise expired at the end of the term. The Lease As Amended shall otherwise continue in full force and effect under the terms as set forth therein. If Tenant fails to vacate the Premises on or before the date of termination established by such notice, effective as of the three hundred sixty sixth day from the date of delivery of such notice, the Base Rent shall increase to $150,000.00 per month.
3. Monthly Rental. Commencing on the Effective Date hereof, the monthly rent (“Base Rent”) shall be $56,910.00, which rate shall be in effect throughout the extended Term.
4. Effective Date; Approval. This Seventh Amendment shall become effective (the “Effective Date”) when the County Board of Supervisors adopts a resolution authorizing the execution of this Seventh Amendment, and the Seventh Amendment is duly executed by the County and delivered to 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 SEVENTH 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 SEVENTH 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.
5. Counterparts. This Seventh Amendment to Lease Agreement 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.
6. 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 Amendment constitutes the entire agreement between Landlord and County 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 Seventh Amendment, the terms of this Seventh Amendment shall control.
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Landlord and County have executed this Seventh Amendment to Lease Agreement as of the date first written above.
Its Managing Partner
COUNTY OF SAN MATEO,
a political subdivision of the State of California
Richard S. Gordon, President
Board of Supervisors
Attest: Resolution No.:___________
Clerk of the Board