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Agmt 2009 Batarse Family Trust
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Agmt 2009 Batarse Family Trust
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Last modified
7/14/2009 8:42:48 AM
Creation date
7/14/2009 8:42:47 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/2/2009
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PERM
Document Relationships
RDA Reso 2009-018
(Approved by)
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\City Clerk\City Council\Resolutions\2009
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FOURTH AMENDMENT TO THE <br />GROUND LEASE FOR THE <br />AUTOMALL READER BOARD SIGN <br />This Fourth Amendment ("Fourth Amendment") to that certain Ground Lease ("Original <br />Ground Lease") between the REDEVELOPMENT AGENCY OF THE CITY OF SAN <br />LEANDRO, a public agency ("Landlord"), and the BATARSE FAMILY TRUST, U.T.A. <br />DATED MAY ], 1997, ANTHONY A. BATARSE, JR., TRUSTEE ("Tenant"), is entered into <br />effective as of ~ 2009 ("Effective Date"). Landlord and Tenant are hereinafter <br />collectively referred t as the "Parties." <br />WHEREAS, the Parties entered into the Original Ground Lease on May 7, 1997; and <br />WHEREAS, the Original Ground Lease was amended by a First Amendment ("First <br />Amendment") as of June 4, 1997; and <br />WHEREAS, a Memorandum of Lease providing constructive notice of the Original <br />Ground Lease and the First Amendment was recorded in the Official Records of Alameda <br />County ("Official Records"), an June 5, 1997, as Instrument No. 97-138636; and <br />WHEREAS, the Original Ground Lease was amended by a Second Amendment ("Second <br />Amendment") as of December 15, 1997; and <br />WHEREAS, the Original Ground Lease was amended by a Third Amendment ("Third <br />Amendment") as of June 10, 2002; and <br />WHEREAS, a Memorandum of Lease to provide constructive notice of Tenant's rights <br />under the Original Ground Lease and the First, Second and Third Amendments thereto was <br />executed as of June 27, 2002; and <br />WHEREAS, the Original Ground Lease, as amended by the First, Second and Third <br />Amendments thereto is hereinafter referred to as the "Ground Lease"; and <br />WHEREAS, the Parties desire to further amend the Ground Lease in order to permit <br />additional encumbrance of the leasehold estate. <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties hereby agree as follows: <br />1. Section 8.1.1. of the Lease is hereby amended in its entirety to read as follows: <br />8.1.1. Tenant shall have the right, at any time and from time to time during the <br />Lease Term, to encumber the leasehold estate created by this Lease by one <br />Leasehold Deed of Trust securing a loan in an amount not greater than Two <br />Hundred Fifty Thousand Dollars ($250,000.00), the proceeds of which must be <br />applied to financing the reader board sign described herein (the "First Permitted <br />Fourth Amendment to Automall Reader Board Sign Ground Lease <br />
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