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Second Amendment - 1922 Artesia Blvd

Redondo Beach City Council
December 17, 2024

Document
Second Amendment - 1922 Artesia Blvd
Meeting
December 17, 2024
Body
Redondo Beach City Council
Original file
322 KB
Text extracted from the city's file for reading and search. Open the original on redondo.legistar1.com. That file is the official record.

1 SECOND AMENDMENT TO THE LEASE AGREEMENT

BETWEEN

JOHN CHUKA AND THE CITY OF REDONDO BEACH, A CHARTERED

MUNICIPAL CORPORATION

THIS SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN JOHN CHUKA, an individual, and the CITY OF REDONDO BEACH ("Second Amendment") is made as of this December 17, 2024, by and between the CITY OF REDONDO BEACH, a chartered municipal corporation ("Lessee"), and the CHUKA FAMILY TRUST, a California revocable living trust ("Lessor”).

WHEREAS, Lessor and Lessee entered into that certain Lease Agreement dated January 1, 2011 (the “Lease”), whereby Lessor leased to Lessee, and Lessee leased from Lessor, the premises at 1922 Artesia Boulevard, Redondo Beach, California, including the real property and improvements (collectively the "Premises");
WHEREAS, Lessor and Lessee entered into the First Amendment to the Lease dated September 17, 2019 (the “First Amendment”), which corrected the name of the Lessor to the Chuka Family Trust and confirmed that the Chuka Family Trust assumed all terms, obligations, and conditions set forth in the Lease, whether arising prior to, on, or subsequent to the date of the First Amendment, and extended the term of the Lease to December 31, 2024; WHEREAS, the current term of the Lease, as amended, is set to expire on December 31, 2024; WHEREAS, under Section 2.2 of the Lease, Lessee possesses an option under the Lease to renew the term for two additional periods of five (5) years each, provided written notice to Lessor at least ninety (90) days prior to the expiration of the then-current term; WHEREAS, under the First Amendment, the Lessee has previously exercised its option to renew the Lease for the first additional five-year term, extending the Lease to December 31, 2024; WHEREAS, the Lessee sent a letter on September 19, 2024 (the “Renewal Notice”), notifying Lessor of its intent to exercise its option to renew the Lease for the second additional five-year term commencing January 1, 2025, and expiring December 31, 2029; WHEREAS, Lessee and Lessor desire ratify and formalize the renewal of the Lease through this Second Amendment, confirming that the renewal is valid and binding; and WHEREAS, the parties wish to amend the Lease to formalize this renewal by the Renewal Notice and update the terms accordingly.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Ratification of Renewal by Letter: Pursuant to Section 2.2 of the Lease, as amended, Lessee exercised its option to renew the Lease for an additional five (5) year term by the Renewal Notice, commencing January 1, 2025, and expiring December 31, 2029 (the 2 "Renewal Term"). This Second Amendment serves to ratify and confirm that the Renewal Notice constitutes valid notice of the exercise of the renewal option, and all references to the "Term" of the Lease shall include the Renewal Term.

2. No Other Modifications: Except as expressly modified by this Second Amendment, the terms and conditions of the Lease, as amended, shall remain in full force and effect.

3. Entire Agreement: This Second Amendment, together with the Lease Agreement and the First Amendment to Lease, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether oral or written, with respect to such subject matter.

4. Governing Law: This Second Amendment shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law principles.
[SIGNATURES ON THE FOLLOWING PAGE]
3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Lease Agreement as of the day and year first above written.

LESSEE:

CITY OF REDONDO BEACH,
a California Chartered Municipal Corporation
By: ____________________________
James A. Light, Mayor
ATTEST:

By: ____________________________
Eleanor Manzano, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Michael W. Webb, City Attorney
LESSOR:

CHUKA FAMILY TRUST, a California Revocable Living Trust By: ____________________________
John Chuka, Trustee

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