AMENDMENT # 3
KIWANIS CLUB
LEASE AGREEMENT
This Amendment is entered into on the 16th day of May, 2023 (“Effective Date”), by and between the City of Fullerton, a municipal corporation (“City”) and Kiwanis Club of Fullerton, a nonprofit corporation (“Tenant”). City and Tenant are at times collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City is the owner of certain public land located at 410 S. Richman Avenue in the City of Fullerton, County of Orange, and State of California commonly known as Kiwanis Youth Center (the “Property”); and WHEREAS, Tenant entered into a Lease Agreement (the “Lease Agreement”) with the City on August 6, 1980, for the purpose of providing, for limited charitable use, the Property to youth-serving community agencies; and WHEREAS, Tenant and City executed a Modification of Lease, dated February 15, 1983, clarifying the allowed use of the Property for charitable purposes; and WHEREAS, Tenant properly exercised its option to extend the term of the Lease to August 30, 2030; and WHEREAS, City and Tenant entered into Amendment # 2 on May 16, 2006 updating the terms of the Agreement; and WHEREAS, the Parties now desire to extend the term of the Agreement for an additional 25 years in consideration of certain specified tenant improvements.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the Lease Agreement as follows:
Section II “Term of Lease” is amended to extend the term of the Lease to August 5, 2055.
Section XXIV “Capital Improvement Project” is amended to add the following:
Tenant will complete, at its sole cost and expense, the tenant improvements described in Attachment “A” Tenant Improvement Plan attached hereto and incorporated herein by this reference. All plans and specs must be submitted and approved by City prior to beginning construction.
Tenant must acquire all necessary approvals, permits, and/or licenses for the Tenant Improvements pursuant to Section XXV no later than thirty six months following execution of this Amendment. Tenant must complete all Tenant Improvements and obtain a Certificate of Occupancy for all tenant improvements within 6 months following approval of building permits.
In the event Tenant desires to complete the Tenant Improvements in phases, the City Manager, in his or her sole and absolute discretion, may approve phasing. Approval of phasing must include deadlines for each phase.
All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.
All other terms, conditions, and provisions of the Agreement, as amended, shall remain in full force and effect.
This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one Agreement together with this Amendment #3, the Modification of Lease, and Amendment #2.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.
TENANT
Fullerton Kiwanis Club
_____________________________________ Date:__________________________ Mark Guttenplan, President
CITY OF FULLERTON
__________________________________ Date: __________________________ Fred Jung, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Lucinda Williams Richard D. Jones
City Clerk City Attorney
EXHIBIT “A”
TENANT IMPROVEMENTS
Install new flooring throughout building
Install new cabinets throughout the building
Install new and improved security and phone system lines and equipment Install new interior doors
Install new hot water heater and interior water heater area (permit will be required) Install new wall coverings
Install new paint throughout the building
Design and install New outdoor exercise area
Upgraded bathrooms
Removal and replacement of the grass field and current irrigation system along with the farm to table area Removal of the popcorn ceilings
3 Kiwanis Lease
Amendment #3