SECOND AMENDMENT TO GROUND LEASE
THIS SECOND AMENDMENT TO GROUND LEASE ("Second Amendment") is made and entered into on this
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daY of2025, by and between the CitY of
Fairfield, a municipal corporation ('ol-andlord") and Compu-Tech Lumber Products, Inc., a California corporation ("Tenantoo) (collectively "the Parties").
Recitals
The Parties hereto reciteo declare and agree as follows:
A. Landlord and Tenant (as successor to Compu-Tech Lumber Company, a California corporation) entered into that certain Ground Lease, dated August 28, 2014 and the First Amendment to Ground Lease dated November 9, 2023, (collectively "the Lease") with respect to right-of-way property located near Walters Road, in the City of Fairfield as described in Exhibit A attached hereto (the'oProperty").
B. The current term of the Lease will expire on December 31,2025, and the Parties wish enter into this Second Amendment now in order to amend in part the Lease in anticipation of such expiration.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree that certain terms ofthe Lease shall be amended as follows:
1. Term. Effective on January 1,2026, and provided the Tenant has abided by the terms and conditions of the Lease and is not then in default thereunder, Section 4 of the Lease shall be amended to read in its entirety as follows:
Section 4. Term.
4.1 The initial term of this Lease shall be for one (1) year commencing on January l, 2026 (o'Commencement Date") and shall terminate one (1) year following the Commencement Date unless Sooner terminated as herein provided ("Term").
4.2 If the Landlord determines in its sole discretion that the Property is needed for the extension of Walters Road or other public purposes, Landlord may terminate this Lease upon thirty (30) days written notice to Tenant. Tenant herebywaives any relocation benefits and right to a longer notice period under anystate, federal or local program for any which it may beif thisLease is terminated pursuant to
to its terms.
this Paragraph 4.2, or if this Lease
INITIALS
prior to the date which is ninety (90) days before the end of the Term otherwise term
4.3 and provided Tenant shall not then be in default under the provisions ofthis Lease, the Tenant may I I 24 5-0001 \2867 24 I v2.doc
request to exercise an option to extend the Term of the Lease for an additionalterm of up to one (l j year by providing written notice to Landlord. The Lease shall not be extended beyond the initial term itated in Section 4.1 unless the Lease terms, including, but not limited to Rent' are renegotiated and agreed upon in writing, and it is determined by the Landlord that it does not require the Property for the extension of Walters Road.
4.4 Each party shall have the right to terminate this Lease in the exercise of its sole discretion at any time during the Term hereof by giving thirty (30) days written notice to the other; provided, however, Tenant shall not be entitled to a refund of rents paid or then currently due.
2. Rent. Effective on January 7,2026, and provided that Tenant has abided by the terms and conditions ofthis Lease and is not then in default hereunder, Section 5 of the Lease shall be amended to read in its entirety as follows:
Section 5. Rent and Security Deposit.
5.1 Tenant covenants and agrees to pay Rent during the Term of this Lease as provided in this Section 5. Rent shall be payable to Landlord at the Landlord's address set forth herein or such other address as the Landlord shall direct in writing to Tenant.
5.2 Tenant agrees to pay Rent during the Term in the sum of Five Thousand Dollars ($5,000.00) per year (the "Rent"). The Rent shall be paid in annual installments in advance on or beiore January 1,2026,and on January I of each calendar year during the remainder of the Term.
5.3 Tenant has deposited with Landlord the amount of One Thousand Dollars ($1,000.00) (the "Deposit") to secure Tenant's performance of its obligations hereunder, including, but not limited to, those in Section 16. Landlord shall return the Deposit to Tenant within thirty (30) days of Tenant's surrender of the Property if Tenant has complied with all requirements of this Lease, including, but not limited to, the provisions in Section 16.
3. Terms: Conflicts. The terms and conditions of the Lease are incorporated herein by this reference, and capitalized terms used in this Second Amendment and not herein defined shall have the same meanings ascribed thereto in the Lease. Except as specifically set forth herein, this Second Amendment shall in no way modifr, alter or amend the remaining terms ofthe Lease, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Lease and this Second Amendment, the terms and conditions of this Second Amendment will govern and control.
4. Approvals. Each party hereby represents and warrants to the other that the consent or approval of nothird party, including, without limitation, a lender, is required with respect to the execution of this Second Amendment, or if any such third-party consent or approval is required, the affected party has obtained any and all such consents or approvals.
5. Authorization. The persons who have executed this Second Amendment represent and warrant that they are duly authorized to execute this Second Amendment in their individual or representative capacity as indicated.
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6. Counterparts. This Second Amendment may be executed in counterparts, which counterparts stratt Ue construed as a single document and have the same effect as if all ofthe parties had executed the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment on the day and year first written above.
LANDLORD:TENANT:
City of Fairfield,
a municipal corporation
ComLumber Productsr lnc.,
By:
Name:
Title:
f,ol0 (^
a
By:
Name:
Title:
David Gassaway
City Manager
1 1 24 5 -O00 1U867 2 4 1 v 2. do c
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EXHIBIT "A"
All that real property situated in the City of Fairfield, County of Solano, State of California, more particularly described as follows:
All of parcel "C'o as recorded in Book 9 of Parcel Maps, at page 34 Solano County Records and ,.Walter Road" as recorded in Book 9 of Parcel Maps at Page 68 Solano County Records. +cr)
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