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HomeMy WebLinkAboutContracts & Agreements_18A-2022THIRD AMENDMENT TO MULTI -TENANT OFFICE LEASE — GROSS This Third Amendment to the Multi -Tenant Office Lease -Gross ("Third Amendment") is made and entered into this 8th day of February, 2022 by and between the City of Redlands, a municipal corporation and a general law city ("City"), and Flagstar Bank, FSB, a federally chartered savings bank ("Lessee") City and Lessee are sometimes herein referred to individually as a "Party" and collectively as the "Parties " RECITALS WHEREAS, Lessee Redlands Community Investment Corporation, predecessor —in - interest to City entered into a certain Multi -Tenant Office Lease -Gross dated April 4, 2019, as amended by that certain First Amendment to Multi -Tenant Office Lease -Gross dated June 1, 2020 and further amended by that certain Second Amendment to Multi -Tenant Office Lease -Gross dated April 8, 2021 (collectively, the "lease") for the lease of approximately 455 square feet of space located at 300 East State Street, Suite 360B, Redlands, California, and. WHEREAS, on September 21, 2021, City of Redlands and Redlands Community Investment Corporation entered into an Assignment and Assumption Agreement, wherein, Redlands Community Investment Corporation assigned and transferred to City of Redlands all right title and interest in, to and under the leases for 300 East State Street; and WHEREAS, it is the desire of the City and Lessee to amend the existing Lease, specifically with regard to the Lease Term and Base Rent; NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Lessee agree as follows AGREEMENT 1 Term. The Term shall be extended to include the period of June 14, 2022 to December 31, 2022. 2. Basic Rent. Basic Rent shall be amended as per the payment schedule below• Term dates Monthly Base Rent per square foot Premises Square foot Monthly Base Rent 6/14/22 — 12/31/22 $2 66 455 $1,210 00 Rent for any partial month shall be prorated based on the number of days of Tenant's occupancy during such month. 3 Notice Requirements. Section 3 Paragraph 23 1 of the Lease, entitled "Notice Requirements" is hereby amended to read as follows 1 I•\Citrus Center 300 E State Street\Tenant Lease Agreements\Flagstar Bank\Flagstar.Redlands CA Third Amendment to Lease(154844.2).docx "23 1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U S Postal Service Express Mail, or by nationally recognized overnight courier service, specifying deliver next business day, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23 In each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. CITY City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 LESSEE Flagstar Bank, FSB Attn. Facilities 5151 Corporate Drive Troy, MI 48098 With copies of notices to Flagstar Bank, FSB Attn. Counsel, Real Estate 5151 Corporate Drive Troy, MI 48098 4. No Broker Involvement. City and Lessee each represent and warrant to the other that is has not employed any broker in connection with this Third Amendment, except Newmark, Tenant's broker 5. Integration of this Amendment and the Lease. This Third Amendment and the Lease shall, for all purposes, be deemed to be one instrument. In the event of any conflict between the terms and provisions of this Third Amendment and the terms and provisions of the Lease or other amendments, the terms and provisions of this Third Amendment shall, in all instances, control and prevail. Except as expressly defined herein, all words and phrases which are defined in the Lease shall have the same meaning in this Third Amendment as are ascribed to said words and phrases in the Lease 6. Authority Lessee represents and warrants to City that each individual executing this Third Amendment on behalf of Lessee is authorized to do so Lessee also represents and warrants to City that neither Lessee nor the entities or individuals constituting, owning or controlling Lessee or which may be owned or controlled by Lessee are among the individuals or entities identified on any list compiled pursuant to Executive Order 13224 for the purpose of identifying suspected terrorists. 7 Effect of this Amendment. Except as expressly modified or amended by this Third Amendment, the Lease and all terms, covenants and conditions contained therein shall remain unchanged an in full force and effect. 2 I•\Citrus Center 300 E State Street\Tenant Lease Agreements\Flagstar Bank\Flagstar.Redlands CA Third Amendment to Lease(154844.2).docx IN WITNESS WHEREOF, the parties have executed this Third Amendment, to be effective as of the date first written above CITY OF REDLANDS Chris Boatman, Assistant City Manager ATTEST anne Donaldson, City Clerk FLAGSTAR BA ► , FSB By Buc, First Vice President F,agstar Revle'A/ � Legal �4ni Business Z A Facilities, 3 I \Citrus Center 300 E State Street\Tenant Lease Agreements\Flagstar Bank\Flagstar Redlands CA Third Amendment to Lease(154844.2) docx