Recording requested by
and when recorded return to:
CITY OF REDONDO BEACH
415 Diamond Street
Redondo Beach, CA 90277
Attn: City Clerk
No Recording Fee
Exempt pursuant to Government Code § 6103
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement ("First Amendment") is entered into as of November 20, 2012 by the City of Redondo Beach, a chartered municipal corporation ("Landlord" or "City") and Robert Dale Resnick, as Trustee of the RDR Living Trust of 1996 ("Tenant"), with reference to that certain Lease Agreement (Lease") between the parties dated July 1, 2008, for the leasehold commonly known as the Redondo Pier Approach, located at 100 Fisherman's Wharf Redondo Beach California 90277 and more particularly described as the "Premises" in Paragraph 1.1 of the Lease. Landlord and Tenant agree as follows:
1. Effect of First Amendment. This First Amendment shall modify and amend the Lease as set forth herein. Except as expressly modified by this First Amendment, all provisions of the Lease shall remain unchanged and in full force and effect.
2. Renegotiation of Percentage Rent for 100"H". Notwithstanding anything in the Lease to the contrary, all Applicable Percentages relating to Gross Sales of Restaurant & Bar operations at 100"H" Fisherman's Wharf shall not be the subject of any renegotiations and shall remain unchanged at three and one-half percent (3.5%) at the first "Renegotiation Date" established in Paragraph B.3 of Exhibit "E" to the Lease.
3. Miscellaneous. The Lease and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreements. All capitalized terms in this First Amendment shall have the same meaning as defined in the Lease unless otherwise defined herein. In the event of any inconsistency between this First Amendment and the Lease, this First Amendment shall prevail. This First Amendment may be modified or amended only by a subsequent writing executed by all of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.
"LANDLORD"
CITY OF REDONDO BEACH
Michael A. Gin
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
1. Palll ta
By:
Michael Webb
City Attorney
"TENANT"
Robert Sale Resnick, Trustee
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State of California
SS.
County of Los Angeles
ON NOVEMBER 14H . 2012. before me,
KAMANTEET SiNGH , a Notary Public, personally
appeared._ ROBERT D. RESNiCK - Who proved to me on the
basis of satisfactory evidence to be the persongh whose namely is/are subscribed to the within instrument and acknowledged to me that he/she/thoff executed the same in his/hfr/their authorized capacity(ifs), and that by his/her/their signature(r) on the instrument the persons. or the entity upon behalf of which the person acted, executed the instrument.
1 certify under PENALTY OF PERJURY uncier the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature
(seal) RAMANJEET SINGH
Commiasion • 1936154
Notary Public : Califonia
103 Angeles County
My Comm. Expires May 13.2015
State of California
SS.
County of Los Angeles
On , 20 _ before me.
a Notary Public, personally appeared, _
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signaturets) on the instrument the person(s), or the entity upon behalt of which the I centity under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(scal)
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105
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
COCORECECOCECACECENACO
State of California
County of Los Angeles
on 1/29/2013 • before mo, Ariana V. Kennedy, Notar Notary Public.
Michael A. Gin
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ARIANA V. KENNEDY
Commission # 1983088 I certify under PENALTY OF PERJURY under the Notary Public - California
Los Angeles County laws of the State of California that the foregoing My Comm. Expires Jun 23, 2016 paragraph is true and correct.
WINES my heard riot get
Signature:
Place Notary Seal Above Signature of Notary Rabic
- OPTIONAL -
Though the information below is not required by law, it may prove valuable to persons relying on the dochment and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above: -
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: _
• Corporate Officer - Title(s): - L Corporate Officer - Title(s): - • Individual • Individual
Partner - • Limited • General Top of thumb here • Partner - Limited General Top of thumb hera Attorney in Fact C Attorney in Fact
Trustee • Trustee
Guardian or Conservator • Guardian or Conservator
• Other: • Other:
Signer Is Representing: Signer Is Representing: _
© 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) C-08-5697 5907 106