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HomeMy WebLinkAboutGilroy Gardens - Lease Agreement - Amendment No. 6SIXTH AMENDMENT TO SINGLE TENANT LEASE [Gilroy Gardens Property, Gilroy, California] This Sixth Amendment to Single Tenant Lease ( "Sixth Amendment") is made and entered into as of September 21, 2016 ( "Effective Date "), by and between GILROY GARDENS FAMILY THEME PARK, a Delaware nonprofit corporation, formerly known as Bonfante Gardens, Inc., ( "Tenant ") and the CITY OF GILROY, a California municipal corporation ( "Landlord "). Recitals A. Landlord and Tenant are parties to that certain Single Tenant Lease, dated as of February 28, 2008, ( "Original Lease "), as amended by that certain First Amendment to Single Tenant Lease, dated as of July 21, 2008 ( "First Amendment "), as amended by that certain Second Amendment to Single Tenant Lease, dated as of July 28, 2009 ( "Second Amendment "), as amended by that certain Third Amendment to Single Tenant Lease, dated as of April 6, 2010 ( "Third Amendment "), as amended by that certain Fourth Amendment to Single Tenant Lease, dated as of June 5, 2012 ( "Fourth Amendment "), as amended by that certain Fifth Amendment to Single Tenant Lease, dated as ofNovember 4, 2014 ( "Fifth Amendment "). B. The Original Lease, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment shall sometimes hereinafter be collectively referred to as the "Lease." Pursuant to the terms and conditions of the Lease, Landlord leases to Tenant,. and Tenant leases from Landlord certain real property located in Gilroy, California, which is improved with a horticultural education and theme park known as "Gilroy Gardens," which was developed and constructed by Tenant and is more particularly described in the Lease. C. The Fourth Extension Term (as defined in Section 2 of the Fifth Amendment) is scheduled to expire on February 28, 2017. D. Landlord and Tenant desire to, among other things, (i) extend the Term of the Lease for a one (1) year period through and including February 28, 2018, (ii) memorialize Landlord's right to reduce the size of the Premises, and (iii) grant Landlord certain access and use rights to the Premises for the benefit of its summer camp programs. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth below and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. Defined Terms. All capitalized terms used herein, except as otherwise expressly provided herein, shall have the meanings ascribed to them in the Lease. 2. Extension of Lease Term. The Term of the Lease is hereby extended for a period of one (1) year and shall expire on February 28, 2018 ( "Fifth Extension Term "), unless sooner terminated in accordance with the terms of the Lease. 1 3. Summer Day Camp Access. Tenant hereby agrees that it will make available annually, at no charge, access to, and use of, the Premises, including but not limited to park access, building space, and park entrance to all park rides, splash zones, the water oasis, the lodge, gym, and unoccupied office space and outdoor picnic and grass areas adjacent to the gym. Access will be for approximately 50 disadvantaged children and youth attending the City of Gilroy Recreation Department Summer Day Camp during the months of June, July and August, and shall be subject to, and in accordance with, the rules and regulations of the park, including, but not limited to, adult supervision. 4. Counterparts; Facsimile Signatures. This Sixth Amendment may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one instrument. The signatures of any party or parties on this Sixth Amendment transmitted by facsimile shall be deemed the same as an original signature and shall be binding on the party transmitting the same. 5. Lease Status. Tenant warrants, represents and certifies to Landlord that, to the best of Tenant's actual knowledge, as of the date of this Sixth Amendment: (a) Landlord is not in default under the Lease; and. (b) Tenant does not have any defenses or offsets to payment of rent and performance of its obligations under the Lease as and when same becomes due. 6. Modification. Except as modified above the terms and conditions of the Lease shall remain unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this Sixth Amendment and the terms of the Lease the terms of this Sixth Amendment shall control. (signatures appear on following page) 4840 - 9686- 6868v5 2 SSCORDELIS104706083 IN WITNESS WHEREOF the parties hereto have executed this Sixth Amendment as of the date and year first written above. LANDLORD: CITY OF GILROY, a municipal corporation By. Its: atd APPROVED O FORM: City Attorney 4840 - 9686- 6868v6 SSCORDELIS104706083 TENANT: GILROY GARDENS FAMILY THEME PARK, a Delaware no ofit public benefit corporation formerly kn as "B to Gardens, Inc." By: Its: Date: Jca Q MBADDERS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DA�31/M30/11� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED_ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER K & K Insurance Group, Inc. NAME: LEISURE P.O. Box 2338 Fort Wayne, In 46801 800-553-8368 260- 459 -5624 NC, No. Ext1 _ ._.- -- -.-- -_..__.._.__.._ DuCs Nor. ._..._.........._..___..._..... CDR : KK. EVENTSATTRACTIONS @KANDKINSLnWCE.COM ADDRESS: INSURER(8) AFFORDING COVERAGE NAIC 0 X COMMERCIAL GENERAL LIABILITY INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURED GILROY GARDENS FAMILY THEME PARK INSURERS; SCOTTSDALE INDEMNITY COMPANY 15580 3050 HECKER PASS HWY INSURER CAC-U- Cd�f -m� �l�g GILROY, CA 95020 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1844624 REVISION NUMBER: THIS IS TO CERTIFY THAT THE ISSUED TO. THE INSURED MWED ABOVE FOR PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC-NOT COVERED L R TYPE OF INSURANCE INSO WVD POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1000000 CLAIMS -MADE OCCUR B 12 :'0 12 : 01AM PREMISES fEe occurrence 300000 MED EXP (AN one person) NC Owners & Contractors KKI0006233700 3/30/1 3/30/17 Y LI_QjV LIi�B 1M OCC AGG PERSONAL SADVINJURY w 1000000 GENI AGGREGATE LIMIT APPLIES � GENERAL AGGREGATE _ ................__. _. NONE jPER: POLICY PROJECT LOC L _ .� _ PRODUCTS COMP/OP AGG .__.�._......_0 0 5000000 OTHER: I I I Part L 1 Liab N AUTOMOBILE LIABILITY MIT Ea Accident L 1000000 X ANY AUTO 12:01 12:0 JAM " BODILY INJURY B ._._._._ _. KKI0006233700 3/30/1 3/30/17 _._ (Per person) OWNED AUTOS ONLY SCHEDULED AUTOS __.....__._.. BODILY INJURY (Per accident) _........ __._ ....... _._ X HIRED AUTOS ONLY X NON -OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident UMBRELLALJAB OCCUR EACHOCCURRENCE 4000000 X __ _ � AGGREGATE _ -__., , A EXCESS.LIAB CLAIMS MADE XK00006233900 12:01 12:01/1 _ --- ...__. 3/30/1 3/30/17 .._ "._- ._.__.�..._ _. ........._._.._."......4 /.00000 DED RETENTION WR KERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ]{ PER - STATUE I OTHER ANY PROPRIETORIPARTNER/ 12 : O1 12 : OlAM -- ` — - C EXECUTIVE OFFICE RIM EMBER WCCO033122603 3/30/1 3/30/17 E.L. EACHACCIDENT 1000000 EXCLUDED? NIA _.. _ _ ................__..... _.� (Mandatory ht NNI E,L DISEASE - EA EMPLOYEE 100000D i yyeess. deseritie under _ . _ _ E.L. DISEASE - POLICY LIMIT .__ ........: 1000000 AESCRIPTIONOF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 181, Additional Remarks Schedule, may be attached if mom space Is required) *SEE ATTACHED ADDENDUM* CITY OF GILROY 7351 ROSANNA STREET GILROY, CA 95020 ACORD 25 (2016103) LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, NOTICE WILL BE �ELIVERED IN RDANCE WITH THE POLICY PROVISIONS d 0 1988- 2015ACORD CORPORATION. All fights reserved. The ACORD name and logo are registered marks of ACORD ACORD,. AGENCY CUSTOMER ID: LOC # CERTIFICATE: 1844624 DATE ISSUED: ADDITIONAL REMARKS SCHEDULE 3/30/16 Page 3 of 3_ AGENCY NAMEDINSURED K & K INSURANCE GROUP, INC. GILROY GARDENS FAMILY THEME PARK 3050 HECKER PASS HWY GILROY, CA 95020 POLICY NUMBER GL KKI0006233700 WC WCCO033122603 AL KKI0006233700 EX XK00006233900 CARRIER NAIL CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 THIS ADDITIONAL REMARKS FORM IS ASCHEDULE TO ACORD FORM, FORM NUMBER: ACCORD 29 FORM TITLE: CERTIFICATE OF LIARTT TTY TNSLMMCE THE CITY OF GILROY, ITS OFFICERS, OFFICIALS, AND EMPLOYEES ARE ADDED AS ADDITIONAL INSURED, BUT ONLY FOR LIABILITY CAUSED, IN WHOLE OR IN PART, BY THE ACTS OR OMISSIONS OF THE NAMED INSURED. ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD •• GT / /II11i1. 11 OONWERC AL ORAL LIABILITY CG 20110413 Ira • • — J, I= a rte. . • •; YT zl 5 Ong -L" �e Al This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Designation Of Premises (Part Leased To You): THOSE PREMISES ON FILE V1JTH US UNLESS SPECIFICALLY DECLINED. Name Of Pown(s) Or Organizations) (Additional Insured): THOSE MANAGERSILESSORS ON FILE VVTH US UNLESS SPECIFICALLY DECLINED. AMtjO ral Premium INCLUDED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II — Who Is An Insured is amended to indude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. 2 If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Untiis Of IrBurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or However. 2 Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Dedarations; insured only applies to the extent permitted by whichever is less. law, and This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 1104 13 ©Irmuanoe Services OfBoe, Irr-, 2812 Page 1 of 1