FIRST AMENDMENT TO PROPERTY LEASE
BY AND BETWEEN THE CITY OF RIALTO AND
LAMAR CENTRAL OUTDOOR, LLC
(APN 0132-102-13)
This FIRST AMENDMENT TO PROPERTY LEASE (“First Amendment”) is entered into and effective as of _______________, 20__ by and between the CITY OF RIALTO (hereinafter referred to as “Lessor” and sometimes “City”) and Lamar Central Outdoor, LLC (hereinafter referred to as “Lessee”). The Lessor and Lessee may be referred to herein individually as a “Party” or collectively as “Parties.”
RECITALS
WHEREAS, on June 11, 2019, the Parties entered into a Property Lease Agreement (“Lease”), duly authorized by the City of Rialto City Council, for Lessee to install and conduct certain advertising business operations on the Leased Premises, as defined in the Lease; and WHEREAS, the Parties have since agreed to modify the Lease as to the use of utilities so that Lessee may feed and distribute needed electricity to the Digital Display; and WHEREAS, the Parties now wish to enter into this First Amendment in order to amend such matters set forth in the Lease.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree to the following amendments to the Lease:
1. Section 4.4.1 is now added to the Lease, entitled “Use of City Utilities,” as follows:
“Use of City Utilities. The Parties acknowledge that currently there is only one main electrical feed that can supply the Digital Display with the electricity needed, located at the City Senior Center. The Parties agree that Lessee, at Lessee’s sole cost and expense, may tap into the main electrical feed of the City Senior Center’s electrical feed and distribute electricity from said feed to the Digital Display provided that Lessee, at Lessee’s sole cost and expense, installs a separate sub-meter to measure Lessee’s electrical usage. On a monthly basis, following Lessor’s delivery to Lessee of an invoice from Southern California Edison (“Edison Invoice”), Lessee shall remit to Lessor its share of the electrical expense as determined by the readings on the separate sub-meter. Lessee further agrees to secure its reimbursement obligations with respect to the utilities by providing Lessor with a deposit equal to Three Thousand and Six Hundred Dollars ($3,600.00) (the “Utility Deposit”). Lessee will remit the Utility Deposit and all subsequent monthly utility payments to Lessor’s address specified in Section 13.1 of the Lease for Notices or at such other place or in such other manner as Lessor may from time to time designate in writing. The Utility Deposit is estimated to represent the utility costs relating to the operation of the Digital Display for six (6) months. Lessor shall have the right to draw down against the Utility Deposit monthly to promptly pay the utility bill; the funds paid by Lessee per the monthly Edison Invoice shall be used to restore the Utility Deposit. The Utility Deposit may be amended as necessary and as agreed upon by the Parties based upon real experienced electrical usage by Lessee. The Utility Deposit shall be returned to Lamar within thirty (30) days following the expiration or earlier termination of the Lease, less any amounts then-outstanding with respect to Lessee’s utility consumption.”
2. Removal and Replacement of Tree. Lessee, at Lessee’s sole cost and expense, shall remove the sycamore tree on the City Senior Center property that is blocking the view of the billboard from northbound traffic on S. Riverside Avenue, and is marked on Exhibit A attached hereto and incorporated herein. Lessee shall replace the tree with suitable landscaping and plant a replacement tree elsewhere on the City Senior Center property, subject to the approval of the City Manager.
3. Integration, Effective Date, and Applicable Law. This First Amendment, the agreements specifically referred to herein, and all attachments thereto, integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Lease and, except as specifically amended thereby, the Lease shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms of the Lease, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the Parties. This First Amendment shall not take effect until the date it has been executed by the appropriate authorities of the Parties. The effective date of this First Amendment shall be the date this First Amendment is fully executed by all parties. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed by their duly authorized representatives. “LESSOR”
CITY OF RIALTO,
a municipal corporation
By: ____________________________
Marcus Fuller, City Manager
ATTEST:
By: ____________________________
Barbara McGee, City Clerk
“LESSEE”
LAMAR CENTRAL OUTDOOR, LLC, a Delaware limited liability company By: ________________________________
Name: C. Todd Porter
Its: Vice President and General Manager
APPROVED AS TO FORM:
By: ____________________________
Eric Vail City Attorney
IRV #4875-9427-4310 v2