CONTRACT 3494A Amendment3494A...
FIRST AMENDMENT TO TRANSMISSION DEVICE AREA LEASE
This FIRST AMENDMENT TO TdZANSMISSION DEVICE AREA LEASE ( "First
Amendment ") is entered into on August XU 2005 ( "Execution Date "), but made effective as of
June 30, 2005 ( "Effective Date "), by and between PACIFIC CORPORATE TOWERS LLC, a
Delaware limited liability company ( "Landlord "), and the CITY OF EL SEGUNDO, a general
law city and municipal corporation existing under the laws of California ( "Tenant ").
RECITALS
A. Pursuant to that certain Transmission Device Area Lease, dated as of June 13,
2000, entered into by and between Landlord and Tenant ( "Lease "), Landlord currently leases to
Tenant, and Tenant currently leases from Landlord, the Rooftop Space and a portion of the
Transmission Room (both as defined in Article 1 of the Lease) located in and upon the building
whose address is 222 N. Sepulveda Blvd., El Segundo, California (such Rooftop Space and the
portion of the Transmission Room leased by Tenant under the Lease are collectively referred to in
the Lease as the "Premises ").
B. The term of the Lease expired on June 30, 2005. Tenant and Landlord desire to
amend the Lease to, among other things, extend the term of the Lease, effective as of July 1,
2005, subject to the terms and conditions of the Lease, as amended by this First Amendment.
C. Capitalized terms used in this First Amendment shall have the meaning ascribed
to such terms in the Lease, unless otherwise defined in this First Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals and other consideration,
the sufficiency of which is hereby acknowledged, the parties hereto amend, modify and
supplement the Lease as follows:
1. Extension of Term. Notwithstanding anything to the contrary contained in the
Lease, Landlord and Tenant hereby extend the term of the Lease for an additional period of five
(5) years commencing on July 1, 2005 ( "Extended Term Commencement Date ") and expiring,
unless sooner terminated, on June 30, 2010 ( "Extended Term "). Tenant shall have no right to
extend the Extended Term.
2. Condition of Premises. Tenant acknowledges that Tenant is currently in
possession and occupancy of the Premises and hereby agrees that the Premises shall be taken in
"as -is" condition, "with all faults" and "without any representations or warranties ". Tenant
hereby agrees and warrants that it is familiar with the condition of the Premises and the
suitability of same for Tenant's purposes, and Tenant does hereby waive and disclaim any
objection to, cause of action based upon, or claim that its obligations hereunder should be
reduced or limited because of, the condition of the Premises or the Project or the suitability of the
same for Tenant's purposes. Tenant acknowledges that neither Landlord nor any agent nor any
employee of Landlord has made any representations or warranty with respect to the Premises or
the Project or with respect to the suitability of either for the conduct of Tenant's business.
Tenant further agrees and acknowledges that Landlord has no obligation to alter or improve the
Premises for Tenant's use or benefit (and/or incur any cost or expense in connection therewith).
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3. Basic Rent. Commencing with the Extended Term Commencement Date, Tenant
shall pay Basic Rent for the Premises as follows:
Extended Term Annualized Monthly
Month Basic Rent Installments
1 -60 $12,000.00 $1,000.00
Basic Rent shall be paid by Tenant during the Extended Term at the same time and in the
same manner as set forth in Article 3.1 of the Lease.
4. Brokers. Each party represents and warrants to the other party that it has not had
dealings in any manner with any real estate broker, finder or other person with respect to the
Extended Term and the negotiation and execution of this First Amendment. Tenant shall
indemnify, defend and hold harmless Landlord from all damage, loss, liability and expense
(including attorneys' fees and related costs) arising out of or resulting from any claims for
commissions or fees that may or have been asserted against Landlord by any broker, finder or
other person with whom Tenant has or purportedly has dealt with in connection with the
Extended Term and the negotiation and execution of this First Amendment. Landlord and
Tenant agree that Landlord shall not be obligated to pay any broker leasing commissions,
consulting fees, finder fees or any other fees or commissions arising out of or relating to an
extension of the Extended Term or to any expansion or relocation of the Premises at any time.
5. Authority. Concurrently with the execution and delivery of this First
Amendment, Tenant shall provide Landlord with written evidence satisfactory to Landlord that
the individuals executing this First Amendment on behalf of Tenant are authorized to execute
this First Amendment and bind Tenant.
6. Effect of Amendment. Except as modified herein, the terms and provisions of the
Lease shall remain unmodified and continue in full force and effect. In the event of any conflict
between the terms and provisions of this First Amendment and the terms and provisions of the
Lease, the terms and provisions of this First Amendment shall prevail.
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3494 �
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date first set forth above.
LANDLORD:
PACIFIC CORPORATE TOWERS LLC,
a Delaware limited liability company
By: BlackRo Re?�y A visors, Inc.,
its man r
MICH ALL J. KRIER
TENANT: DIRECTOR
CITY OF EL •,a0T6
By-
Manager
ATTEST:
I MAII
Cindy Mortesen,
City Clerk
APPROVED AS /�-
MARK D. H S Y EY
By:
1 H. Berger,
Assistant City torney
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