HomeMy WebLinkAboutAgreement - Gilroy Gardens Family Theme Park - 11th Amendment - Single Tenant Lease - Signed 2022-03-11ELEVENTH AMENDEMENT TO SINGLE TENANT LEASE BETWEEN GILROY
GARDENS FAMILY THEME PARK AND THE CITY OF GILROY
This Eleventh Amendment to Single Tenant Lease (“Eleventh Amendment”) is made and
entered into as of February 28, 2022 (“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
WHEREAS, Landlord and Tenant are parties to that certain Single Tenant Lease, dated as
of February 28, 2002, (“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 of November 4, 2014 ("Fifth Amendment'), as amended by that
certain Sixth Amendment to Single Tenant Lease, dated as of September 21, 2016 ("Sixth
Amendment'), as amended by that certain Seventh Amendment to Single Tenant Lease, having
an effective date of February 28, 2018 ("Seventh Amendment'), as amended by that certain
Eighth Amendment to Single Tenant Lease, dated as of February 28, 2019 (“Eighth
Amendment”), as amended by that certain Ninth Amendment to Single Tenant Lease, having an
effective date of February 29, 2020 (“Ninth Amendment”); as amended by that certain Tenth
Amendment to Single Tenant Lease, having an effective date of February 28, 2021 (“Tenth
Amendment”); and,
WHEREAS, The Original Lease, First Amendment, Second Amendment, Third
Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment,
Eighth Amendment, Ninth Amendment, and Tenth 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; and,
WHEREAS, The Ninth Extension Term (as defined in Section 2 of the Tenth Amendment)
was scheduled to expire on February 28, 2022; and,
WHEREAS, Landlord and Tenant desire to extend the Term of the Lease for a one (1)
year period through and including February 28, 2023.
DocuSign Envelope ID: 09BF0332-F91A-4B7D-8DFA-75C302C681C7
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, 2023 ("Tenth Extension Term"), unless sooner
terminated in accordance with the terms of the Lease.
3. Counterparts; Facsimile Signatures. This Eleventh Amendment maybe 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 Eleventh Amendment
transmitted by facsimile or electronic mail shall be deemed the same as an original
signature and shall be binding on the party transmitting the same.
4. Lease Status. Tenant warrants, represents and certifies to Landlord that, to the best of
Tenant's actual knowledge, as of the date of this Eleventh 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.
5. 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 Eleventh Amendment and the terms of the Lease the terms of this
Eleventh Amendment shall control.
(signatures appear on following page)
DocuSign Envelope ID: 09BF0332-F91A-4B7D-8DFA-75C302C681C7
IN WITNESS WHEREOF, the parties have caused this Eleventh Amendment to be
executed as of the dates set forth besides their signatures below.
LANDLORD: TENANT:
CITY OF GILROY GILROY GARDENS FAMILY THEME
PARK
By: _________________________________ By: _________________________________
City Administrator Board Chair
Date: ________________________________ Date: ________________________________
ATTEST
By: _________________________________
City Clerk
APPROVED AS TO FORM
By: _________________________________
City Attorney
DocuSign Envelope ID: 09BF0332-F91A-4B7D-8DFA-75C302C681C7
3/9/20223/11/2022