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HomeMy WebLinkAboutLease Agreement for 627 Howard StreetFIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT to the LEASE AGREEMENT (this "First Amendment") is made as of the c r'J" day of /t by 2a 011, by and between THE CITY OF EVANSTON, an Illinois municipal corporation (hereinafter referred to as "Lessor") and KEVIN D. GIBBS, D.M.D. (hereinafter referred to as "Lessee"). The Lessor and Lessee shall be referred to collectively as the "Parties". WITNESSETH WHEREAS, the Lessor purchased the real property and premises located at 623-627 '/2 Howard Street, Evanston, Illinois (the 'Real Estate") on October 13, 2011 from your previous landlord; and WHEREAS, the Lessor assumed the commercial lease dated October 1, 2005, which expired on September 30, 2007, during the transaction for 627 Howard Street, Evanston, Illinois (the "Leased Premises"); and WHEREAS, the Lease Agreement for the Leased Premises is now a month -to -month tenancy given that the yearly tenancy expired; and WHEREAS, Lessor and Lessee desire to modify certain terms of the Agreement with respect to the parties, term, notice provsisions and security deposit, subject to the terms, covenants and conditions of this First Amendment. NOW THEREFORE, in consideration of the mutual observance of the covenants, conditions and promises set forth below and in consideration of the lease of the Real Estate, of TEN DOLLARS ($10.00) and for additional consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: I. AGREEMENT IN FULL FORCE AND EFFECT; DEFINITIONS The Parties acknowledge and agree that this First Amendment shall supercede, control and be deemed to modify the terms of the Agreement. In the event of any conflict between the terms and conditions of this First Amendment and the terms of the Agreement, the parties unconditionally agree that the terms and conditions of this First Amendment shall supercede, prevail and dictate. Any term or condition of the Agreement not addressed within this First Amendment shall remain in full force and effect. The above -referenced recitals are incorporated herein. II. TERM OF LEASE The Paragraph entitled "Term of the Lease" shall be redacted in full and replaced by the following language: "Term of Lease: This tenancy is a month -to -month tenancy and is not a yearly lease agreement. The tenancy can be terminated with 30 days notice to either party." III. LESSOR The caption entitled "Lessor" shall be redacted in full and replaced with the following language: "Lessor Name: City of Evanston Address: 2100 Ridge Avenue City: Evanston, IL 60201" IV. RENT AND SECURITY DEPOSIT The first paragraph entitled "Rent" shall be amended to read "Rent and Security Deposit" and the language of the agreement shall be redacted in full and replaced with the following language: "Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. The Lessor was NOT assigned a security deposit for the Lessee (the "Security Deposit") from the previous landlord. The Lessor will not be requiring a security deposit." V. COUNTERPARTS This First Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. For purposes of this First Amendment, facsimile and scanned signatures shall be considered the same as original signatures and shall be treated as valid and binding upon the parties hereto, provided, however, the parties shall exchange original signature pages as reasonably promptly following execution hereof. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. CITY �OF( EVANSTON KEVIN D. GIBBS, D.M.D. By: By: IJ Its: City Manager Print Name: `tpproved as to form: 3rant Farrar ;ration Counsel