Corona Hills Marketplace – Corona Police Department – Third Amendment
THIRD AMENDMENT TO SHOPPING CENTER LEASE
THIS THIRD AMENDMENT TO SHOPPING CENTER LEASE (the “Amendment”) is made as of the ___20__ day of ___April______, 2022, by and between GKT CORONA HILLS LW, L.L.C., a Missouri limited liability company, and GKT CORONA HILLS TMI, L.L.C., a Missouri limited liability company (collectively, “Landlord”), and CITY OF CORONA POLICE DEPARTMENT ("Tenant").
WITNESSETH:
WHEREAS, Landlord, as successor-in-interest to Corona Hills Marketplace, L.P., and Tenant are bound by that certain Shopping Center Lease dated May 9, 2016, as amended by that certain First Amendment to Lease dated June 20, 2018, as amended by that certain Second Amendment to Shopping Center Lease dated June 17, 2020 (collectively, the “Lease”), whereby Landlord leases to Tenant certain premises containing approximately three thousand (3,000) square feet (the “Leased Premises”) located at the shopping center commonly known as Corona Hills Marketplace in Corona, California (the “Shopping Center”), as more particularly described in the Lease.
WHEREAS, the parties are now desirous of making certain amendments, changes, and alterations to said Lease to reflect accurately their intents and wishes.
WHEREAS, the Lease expires on May 31, 2022, and Landlord and Tenant desire to extend the term of and otherwise modify the Lease as hereinafter set forth; NOW, THEREFORE, in consideration of mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows:
1. Extension of Lease Term. The term of the Lease shall be extended for a period of two (2) years, commencing June 1, 2022 and expiring May 31, 2024 (the “Extension Term”).
2. Base Rent. Base Rent for the Extension Term shall be as follows:
Term Monthly Base Rent Annual Base Rent
6/1/2022 – 5/31/2024 $0.00 $1.00
Tenant shall continue to be responsible for any other charges due to Landlord under the Lease.
3. Remaining Options. All unexercised options, if any, to extend the term of the Lease are hereby rendered null and void and shall be of no further force or effect. Tenant has no further right to extend the term of the Lease beyond May 31, 2024.
Corona Hills Marketplace – Corona Police Department – Third Amendment
4. No Construction Against Draftsman. No inference in favor of or against any party shall be drawn from the fact that such party has drafted any provision of this Amendment or that such provisions have been drafted on behalf of said party.
5. Binding Effect; Governing Law. This Amendment inures to the benefit of and shall be binding upon Landlord and Tenant and their respective successors and permitted assigns.
This Amendment and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California.
6. Partial Invalidity. If any term, covenant or condition of this Amendment, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Amendment or the application of such term, covenant or condition of this Amendment shall be valid and enforceable to the fullest extent permitted by law.
7. Effectiveness. The submission of this Amendment by Landlord, its broker, agent or representative, for examination or execution by Tenant, does not constitute an option or offer to lease the Leased Premises upon the terms and conditions contained herein or a reservation of the Leased Premises in favor of Tenant; it being intended hereby that this Amendment shall become effective and binding upon Landlord only upon the execution hereof by Landlord and its delivery of a fully executed counterpart hereof to Tenant.
8. Miscellaneous. Except as specifically amended by the provisions of this Amendment, the terms and provisions stated in the Lease shall continue to govern the rights and obligations of Landlord and Tenant with respect to the matters that are the subject of the Lease; and all provisions and covenants of the Lease are and shall remain in full force and effect as stated therein, except to the extent specifically amended by the provisions of this Amendment. The Lease and this Amendment shall be construed as one instrument. In that regard, the Lease and this Amendment, including all exhibits and addenda (if any) to each such document, constitute the entire agreement between the parties relative to the subject matter hereof and thereof and supersede all prior and contemporaneous agreements and understandings of Landlord and Tenant in connection therewith. Captions and headings throughout this Amendment are inserted only as a matter of convenience and are not to be given any effect whatsoever in construing this Amendment.
Tenant hereby acknowledges and represents that Landlord is not in default of the Lease. Words of masculine, feminine or neuter gender as used in this Amendment shall mean and include the correlative words of the other genders, and words used in this Amendment importing a singular number shall mean and include the plural number and vice versa. All references in this Amendment to numbered paragraphs are references to the paragraphs of this Amendment, unless otherwise expressly designated in context. Except as hereby modified and amended, all other terms, covenants, and conditions of said Lease shall continue and remain without change. [SIGNATURES BEGIN ON NEXT PAGE]
Corona Hills Marketplace – Corona Police Department – Third Amendment IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the day and year first above written.
LANDLORD:
GKT CORONA HILLS LW, L.L.C., a Missouri
limited liability company, and
GKT CORONA HILLS TMI, L.L.C., a Missouri
limited liability company
Witness Date By: R. Otto Maly
Its: Manager
TENANT:
CITY OF CORONA POLICE DEPARTMENT
Witness Date By:
Its:
Robert Newman
Chief of Police