HomeMy WebLinkAboutContract 1710-2 SECOND AMENDMENT TO COMMERCIAL LEASE AGREEMENT
This Second Amendment to Commercial Lease Agreement ("Second Amendment") is
hereby entered into on this tti day of August, 2017 by and between the CATHEDRAL CITY
DOWNTOWN FOUNDATION, a California 501(c)(3) non-profit public benefit corporation
("Landlord"), and HECTOR SALVATIERRA, an individual, and PETRA SALVATIERRA, an
individual, ointly doing business as`Bonta Restaurant,"(collectively, "Tenant"), as follows:
RECITALS
A. Landlord and Tenant entered into a Commercial Lease Agreement on September 19,
2014, ("Agreement") for the real property owned by Landlord located at 68510 East Palm
Canyon Drive, Cathedral City, CA 92234 ("Premises").
B. Landlord and Tenant amended the Agreement ("First Amendment") for the Premises on
April 13, 2016 to provide certain temporary rent abatements.
C. As an economic incentive for Tenant to market the Bonta Restaurant and to enhance
dinning opportunities for residents and visitors to the City of Cathedral City's civic plaza,
Landlord and Tenant desire to amend the terms of the Agreement to provide further
temporary rent abatements as stated herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,the
parties do hereby enter into this Second Amendment which modifies and amends the Agreement
as follows:
1. EFFECTIVE DATE. This Second Amendment shall not become effective until the date
it has been formally approved and executed by the appropriate authorities of the Landlord and
Tenant.
2. AMENDED EXHIBIT. Exhibit"1"to the First Amendment to the Agreement is
amended to delete lines 70 through 104 of the weekly payment schedule and insert the payment
schedule attached to this Second Amendment as Exhibit"A."
3. PROPERTY OPERATING EXPENSES.
(a) Section 14(Property Operating Expenses), paragraph A of the Agreement is
amended to read as follows:
"A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly
property operating expenses, including but not limited to common area maintenance,
consolidated utility and service bills, insurance, and real property taxes, based on the ratio
of the square footage of the Premises to the total square footage of the rentable space in
the entire property. Tenant shall be responsible for payment to Riverside County for
Possessory Use Tax. Notwithstanding the foregoing, for the period of time commencing
on April 1, 2016 and concluding on April 23, 2018, Tenant is required to pay weekly
common area maintenance charges and HVAC charges in the amounts shown in the
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weekly payment schedule attached hereto and incorporated herein by reference as Exhibit
1."
(b) Section 14, paragraph A of Addendum A to the Agreement is amended to read as
follows:
"A. The current common area maintenance charges, estimated to be $0.25 per square
foot,are to be paid monthly by the first of each month, except for the period of time
commencing on April 1, 2016 and concluding on April 23, 2018 the common area
maintenance charges shall be paid weekly on the dates shown on the weekly payment
schedule attached hereto and incorporated herein by reference as Exhibit 1."
4. RENT PAYMENT TIMING.
(a) Section 3 (Base Rent), paragraph B of the Agreement is amended to read as
follows:
"B. Except as otherwise provided herein, Base Rent is payable in advance on the 1st day
of each calendar month, and is delinquent on the next day. For the period of time
commencing on April 1, 2016 and concluding on April 23, 2018,Base Rent is payable in
advance in weekly installments,with each weekly payment due on the dates shown in the
weekly payment schedule attached hereto and incorporated herein by reference as Exhibit
1."
(b) Section 4 (Rent), paragraph C of the Agreement is amended to read as follows:
"C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be
paid within 30 days after Tenant is billed by Landlord,except that for the period of time
commencing on April 1, 2016 and concluding on April 23, 2018, Rent shall be paid in
accordance with the weekly payment schedule attached hereto and incorporated herein by
reference as Exhibit 1."
5. TERM. This Second Amendment shall remain in effect only through April 23, 2018,
unless earlier terminated as provided in this Second Amendment, at which time the Second
Amendment shall expire of its own terms without the need for any affirmative action or notice by
either Party and shall be of no further force or effect. Upon expiration or earlier termination the
terms and conditions of the Agreement shall again be in full force and effect as to the Parties.
6. RIGHTS NOT TRANSFERRABLE. Except as is allowed in Addendum A to the
Agreement, if Tenant,with or without Landlord's permission, sublets or encumbers all or any
part of the Premises or assigns or transfers its interest in the Agreement pursuant to Section 22
(Subletting/Assignment)of the Agreement, or sells or otherwise transfers a majority ownership
interest in the Bona Restaurant or such business entity that may be operating the Bona
Restaurant,during the term of this Second Amendment,the Second Amendment shall be deemed
to have been canceled and terminated from the moment the subletting, encumbrance, assignment,
sale or transfer occurs, and the terms of the Agreement as originally approved by the parties on
September 19, 2014 shall be in full force and effect.
If ownership of Premises be transferred during the term of the adjusted rent period
commencing April 1, 2016 and concluding on April 23, 2018,the balance of the rent due to
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Landlord shall be paid at the close of escrow.
7. GENERAL PROVISIONS.
(a) Remainder Unchanged. Except as specifically modified and amended in this
Second Amendment,the Agreement remains in full force and effect and binding
upon the parties.
(b) Integration. This Second Amendment consists of pages 1 through 3 inclusive,
which constitute the entire understanding and agreement of the parties and
supersedes all negotiations or previous agreements between the parties with
respect to all or any part of the transaction discussed in this Second Amendment.
(c) Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Second Amendment.
(d) References. All references to the Agreement include all their respective terms
and provisions. All defined terms utilized in this Second Amendment have the
same meaning as provided in the Agreement, unless expressly stated to the
contrary in this Second Amendment.
IN WITNESS WHEREOF,the parties hereto have executed this Second Amendment to
the Agreement on the date and year first written above.
[SIGNATURES ON THE FOLLOWING PAGE]
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LANDLORD:
CATHEDRAL CITY DOWNTOWN FOUNDATION
/..)1 (6.7.,_rL-- —
Charles P. McClendon, Executive Director
TENANT:
HECTOR SALVATIERRA PETRA SALVATIERRA
i
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YI.Ci ;�, °
C'� c �i
NOTE: TENANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO TENANT'S
BUSINESS TYPE
RIV#4814-6537-2236 v2 4
EXHIBIT "A"
WEEKLY PAYMENT SCHEDULE
R►V#4814-6537-2236 v2
EXHIBIT"A"
ADJUSTED WEEKLY PAYMENT SCHEDULE
JULY 31,2017 THROUGH APRIL 23,2018
HVAC CONTRACT TOTAL TO
DUE DATE BASE RENT* CAM MAINT TOTAL BE PAID**
70 07/31/17 739.11 167.99 37.00 944.10 204.99
71 08/07/17 739.11 167.99 37.00 944.10 204.99
72 08/14/17 739.11 167.99 37.00 944.10 204.99
73 08/21/17 739.11 167.99 37.00 944.10 204.99
74 08/27/17 739.11 167.99 37.00 944.10 204.99
75 09/04/17 739.11 167.99 37.00 944.10 204.99
76 09/11/17 739.11 167.99 37.00 944.10 204.99
77 09/18/17 739.11 167.99 37.00 944.10 204.99
78 09/25/17 739.11 167.99 37.00 944.10 204.99
79 10/02/17 739.11 167.99 37.00 944.10 204.99
80 10/09/17 739.11 167.99 37.00 944.10 204.99
81 10/16/17 739.11 167.99 37.00 944.10 204.99
82 10/23/17 739.11 167.99 37.00 944.10 204.99
Total 9608.43*
*Total Rent Replacement to be divided over a **Includes CAM+HVAC
period of 26 weeks,with the additonal amount Maintenance;due on date
of 369.55 to be paid weekly commencing 10/30/2017 shown
and concluding on 04/23/18
REPLACEMENT HVAC TOTAL TO
DUE DATE BASE RENT RENT CAM MAINT BE PAID
83 10/30/17 739.11 369.55 167.99 37.00 1313.65
84 11/06/17 739.11 369.55 167.99 37.00 1313.65
85 11/13/17 739.11 369.55 167.99 37.00 1313.65
86 11/20/17 739.11 369.55 167.99 37.00 1313.65
87 11/27/17 739.11 369.55 167.99 37.00 1313.65
88 12/04/17 761.26 369.55 167.99 37.00 1335.80
89 12/11/17 761.26 369.55 167.99 37.00 1335.80
90 12/18/17 761.26 369.55 167.99 37.00 1335.80
91 12/25/17 761.26 369.55 167.99 37.00 1335.80
92 01/01/18 761.26 369.55 167.99 37.00 1335.80
93 01/08/18 761.26 369.55 167.99 37.00 1335.80
94 01/15/18 761.26 369.55 167.99 37.00 1335.80
95 01/22/18 761.26 369.55 167.99 37.00 1335.80
96 01/29/18 761.26 369.55 167.99 37.00 1335.80
97 02/05/18 761.26 369.55 167.99 37.00 1335.80
98 02/12/18 761.26 369.55 167.99 37.00 1335.80
99 02/19/18 761.26 369.55 167.99 37.00 1335.80
REPLACEMENT HVAC TOTAL TO
DUE DATE BASE RENT RENT CAM MAINT BE PAID
100 02/26/18 761.26 369.55 167.99 37.00 1335.80
101 03/05/18 761.26 369.55 167.99 37.00 1335.80
102 03/12/18 761.26 369.55 167.99 37.00 1335.80
103 03/19/18 761.26 369.55 167.99 37.00 1335.80
104 03/26/18 761.26 369.55 167.99 37.00 1335.80
105 04/02/18 1099.60 369.55 279.98 37.00 1786.13
106 04/09/18 1099.60 369.55 279.98 37.00 1786.13
107 04/16/18 1099.60 369.55 279.98 37.00 1786.13
108 04/23/18 1099.60 369.68 279.98 37.00 1786.26
• A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
A UGoS l (o
On 7 , 2016
before me, ! M- L • S}4ti`R,,,vP-) )Poi-Ly Pv 6 L-tC
Date ' Name And Title Of Officer(e.g.'Jane Doe,Notary Public')
/
personally appeared 1� -CTO6 £A Lv4 I E224—
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person() whose name(,s'f is/ar$ subscribed to the
within instrument and acknowledged to me that he/spy/t06y
executed the same in his/hdr/th4ir authorized capacity(: s),
and that by his/hr/thfeir signaturecsi on the instrument the
JIM L.SHERMAN person( or the entity upon behalf of which the person
Commission•2054335 acted, executed the instrument.
z = Notary Public•California
141 Riverside County I certify under PENALTY OF PERJURY under the laws of
Mz Comm. Expires Febl,2afet the State of California that the foregoing paragraph is true
and correct.
WITNESS my han.7and •iial -al.
Notary Public
OPTI•NA -
Though this section is optional, completing this informa . can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) ❑ Limited
0 General
O Attorney-In-Fact Number Of Pages
❑ Trustee(s)
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O Other:
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
RIV#4814-6537-2236 v2
• I
'te ' ..
• A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,
and not the truthfulness,accuracy,or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On Au G u s% / G ,2016
�iM L-. sI-46iMA�
before me, Name And Title Of Officer(e.g."Jane Doe,Notary Public")
Date
personally appeared �F iIZA L-VTIE 2( -
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(whose name(%) is/ark subscribed to the
within instrument and acknowledged to me that pe/she/thdy
executed the same in hi /her/th (authorized capacityis`),
JIM L. SHERMAN and that by hA/her/thVir signature(g) on the instrument the
�+ Commission#I 2054335 = personssf, or the entity upon behalf of which the person5,s')
Notary Public-California z
Z 7 - acted, executed the instrument.
Z •. .� Riverside County
'1'"`• M Comm.Ex fres Feb 2,zote I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my h. , • and o Hal -:I.
'nffir
ature .f Notary Public
OP AL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) 0 Limited
0 General
Number Of Pages
❑ Attorney-In-Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
RIV#4814-6537-2236 v2