65268.00003\32784678.1
1 LEASE AMENDMENT NO. 1
PREMISES 2319 Central Avenue, Alameda, CA, consisting of approximately 1,850 square feet
LANDLORD: CITY OF ALAMEDA, a charter city and municipal corporation
TENANT: Play House, LLC, a California limited liability company DBA Director’s Cut
LEASE DATE: May 8, 2018 for reference purposes only
This Amendment No. 1 to the Lease ("First Amendment"), is dated as of __________2022, for reference purposes only, and is entered into by and between the CITY OF ALAMEDA, a charter city and municipal corporation ("Landlord"), and PLAY HOUSE LLC, a California limited liability company, dba Director’s Cut which owns and operates Project Burger ("Tenant").
NOW, THEREFORE, in consideration of the foregoing, which are incorporated herein by reference, and of their mutual covenants contained herein, the parties hereby agree as follows:
1. Background.
A. Landlord and Tenant entered into that certain Lease Agreement dated May 8, 2018 for reference purposes only (the “Lease”), for certain premises described therein and referred to as 2319 Central Avenue, Alameda, CA consisting of approximately 1 , 8 5 0 square feet (“Premises”).
B. Capitalized terms used in this Amendment without definition shall have the same meaning given to such terms in the Lease. This Amendment shall be effective upon the last date set forth below the parties’ signatures.
2. Base Rent. Effective as of the Extension Commencement Date, the monthly installment of Base Rent for the Premises shall be as follows:
Base Rent Year (Months) Monthly Base Rent
Year 1 (months 1-12) $6,530.50
Year 2 (months 13-24) $6,726.42
Year 3 (months 25-26) $6,928.21
Year 3 (months 27-36) $5,397.33
Year 4 (months 37-48) $5,559.25
DocuSign Envelope ID: 902D2067-0674-4E41-BCD5-23E9810C5281 DocuSign Envelope ID: FB0745B1-FFA0-4D1A-A1CA-7E0973BA2A62 65268.00003\32784678.1
2 Year 5 (Months 49-60) $5,726.03
Year 6 (months 61-72) $5,897.81
Year 7 (months 73-84) $6,256.98
Year 8 (months 85-96) $6,444.69
Year 9 (months 97-108) $6,638.03
Year 10 (months 109-120) $6,837.17
3. Section 4.1(b), of the Agreement is modified to read as follows:
Abatement. Notwithstanding anything in this Article 4 to the contrary, so long as Tenant is not in Default hereunder, Tenant shall be entitled to an abatement of Base Rent for the first four (4) full calendar months of the Term and six (6) full calendar months between January 2020 through June 2020 (the "Abatement Period"). The total amount of Base Rent abated during the Abatement Period is referred to herein as the "Abated Base Rent". If Tenant is in Default hereunder at any time during the Term, (i) all previously Abated Base Rent shall immediately become due and payable and (ii) if such Default occurs prior to the expiration of the Abatement Period, there shall be no further abatement of Base Rent pursuant to this Section 4.l(b). The payment by Tenant of the Abated Base Rent in the event of a Default shall not limit or affect any of Landlord's rights pursuant to this Lease or at law or in equity.
4. Signage. Tenant shall be permitted to maintain its existing identify signage on the exterior of the Premises in accordance with the terms of the Lease.
5. Delivery of Possession. Tenant hereby agrees that the Premises shall continue to be leased in its "AS-IS" condition, and Landlord shall have no obligation to make any repairs or modifications to the Premises. Tenant acknowledges and agrees that Landlord has made no representations or warranties regarding the Premises, including, without limitation, its suitability for Tenant’s proposed use.
6. City’s Authority. Tenant further acknowledges Landlord is entering into this Lease in its proprietary capacity and not in its regulatory or governmental capacity. Nothing in this Lease shall be construed as restraining, impairing or restricting the City of Alameda in its regulatory capacity, or granting any rights upon the Tenant with respect to the use, occupancy or operation of the Premises in a manner inconsistent with any Laws or applicable requirements.
7. Brokers. Landlord is represented by Cushman and Wakefield (“Landlord’s Broker”), in connection with the transactions contemplated in this Amendment. Landlord and Tenant hereby acknowledge that leasing commissions shall be paid per separate agreements with Landlord’s Broker and Tenant’s Broker. Tenant and Landlord each represent and warrant to each other that no other broker has represented either of them or is otherwise entitled to a commission DocuSign Envelope ID: 902D2067-0674-4E41-BCD5-23E9810C5281 DocuSign Envelope ID: FB0745B1-FFA0-4D1A-A1CA-7E0973BA2A62 6526
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DocuSign Envelope ID: 902D2067-0674-4E41-BCD5-23E9810C5281 DocuSign Envelope ID: FB0745B1-FFA0-4D1A-A1CA-7E0973BA2A62 DocuSign Envelope ID: FB0745B1-FFA0-4D1A-A1CA-7E0973BA2A62 IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year last set forth below.
LANDLORD:
CITY OF ALAMEDA,
a charter city and municipal corporation
By:
Eric J. Levitt
City Manager
Date:
Approved as to Form
By:/
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Elizabeth Mackenzie
Chief Assistant City Attorney
Recommended for Approval
-DocuSigned by:
By: /is**. /vU>ivill
Community Development Director
65268.00003\32784678.1
TENANT:
PLAY HOUSE, LLC, a California
limited liablity company
DBA Director's Cut
By:
Name: _
Title: owner
DocuSigned by:
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S[WJfcFABF2DE4C8
Date: 2/8/2022
DocuSign Envelope ID: FB0745B1-FFA0-4D1A-A1CA-7E0973BA2A62 DocuSign Envelope ID: FB0745B1-FFA0-4D1A-A1CA-7E0973BA2A62 DocuSign Envelope ID: FB0745B1-FFA0-4D1A-A1CA-7E0973BA2A62