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PS 1033 C Street Lease ExtensionSecond Addendum to the Commercial Lease Agreement This Second Addendum to that certain "Commercial Lease Agreement" ("Agreement") dated October 7, 2002, with respect to 1033 "C" Sheet, San Rafael, California (AP No. 011-205-05) ("Property"), is entered into as of the 4 t n day of April, 2017, by and between Connie Wong, who became the sole owner of the Property by a Deed recorded on March 20, 2006 as Marin County Recorder Document No. 06-016842 ("Landlord") and the City of San Rafael ("Tenant"). This Second Addendum amends the Agreement only as is specifically set forth herein. In all other respects it is intended that the Agreement, including the Addendum thereto, shall continue in full force and effect. The Agreement shall be amended as follows: 1. Paragraph 2 is amended to provide that the specified term of the Lease shall be extended from its current termination date of December 31, 2017, for an additional two (2) year period beginning on January 1, 2018 and terminating on December 31, 2019. 2. Paragraphs 3.A.5 and 39 are amended to provide that the rent during 2018 shall be $4,500.81 per month (the same as during 2017), and that the rent during 2019 shall be $4,635.83 per month (a 3% increase over the 2017 and 2018 monthly rate). 3. Paragraph 4.13 is amended to read as follows: "Payment: Rent shall be paid to Connie Wong, at 435 China Basin Street #543, San Francisco, CA 94158." 4. Paragraph 15 is amended to read as follows: "USE: The Premises are for the sole use as City Administrative offices." 5. Paragraph 36 is amended to change the addresses for giving Notice as follows: Landlord: Connie Wong Tenant: City of San Rafael -Economic Development Dept. 435 China Basin Street #543 1400 5"' Avenue San Francisco, CA 94158 San Rafael, CA 94901 6. Tenant shall have the option of extending the term of this Lease beyond the December 31, 2019 termination date on a month-to-month basis up through December 31, 2021, by giving written notice to Landlord at least 30 days before such termination date of Tenant's exercise of its option. Following such an extension, Tenant may terminate the month-to-month tenancy by giving written notice to the Landlord at least 30 days prior to the intended termination date, and such notice may be given at any date. In the case of such a month-to-month tenancy, rent shall be _ $4,774.91 per month during 2020 (a 3% increase over the 2019 rate) and $4,918.16 per month during 2021(a 3% increase over the 2020 rate). 7. All other terms of the Agreement not specifically amended as provided herein shall remain in effect. C_ C,/ 8. Tenant shall not be responsible for any claims of a broker's fee becoming payable due to the execution of this Second Addendum, or the extension of the term of the Agreement as provided herein, and Landlord shall indemnify and hold harmless Tenant from any such claims. . WHEREFORE, the parties have executed this Second Addendum by entering their signatures below, signifying their agreement to its terms and conditions. Landlord: LIP Connie Wong T nant: J chutz, City ger, City of San Rafael ATTEST: Esther C. Beirne, City Clerk APPROVED AS TO FORM: Aert F. Epstein, City Attorney 2