Exhibit 10.35
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Xxxxx, Matkins, Xxxx, Xxxxxx & Xxxxxxx LLP
515 So. Xxxxxxxx Street, 7th Floor
Los Angeles, California 90071
Attn: Xxxxxxx X. Xxxxx, Esq.
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RATIFICATION AND MEMORANDUM OF LEASE AGREEMENT
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THIS MEMORANDUM OF LEASE AGREEMENT is made effective as of the ___ day of
October, 1998, by and between XXXXXXX XXXX XXXXXXX, AS TRUSTEE OF THE PENZNER
XXXXXXX FAMILY TRUST ESTABLISHED MARCH 11, 1997 ("Lessor"), and HOUSE OF BLUES
LOS ANGELES RESTAURANT CORP., a Delaware corporation ("HOB" or Lessee"), who
agree as follows:
WHEREAS, pursuant to that certain Xxxxx Xxxx, dated April 15, 1991,
and recorded in the Official Records of the County of Los Angeles on April 25,
1991, as Instrument No 91-593791, Xxxxxxx X. Xxxxxxx, as Trustee of the Xxxxxxx
X. Xxxxxxx Trust, transferred to Xxxxxxx X. Xxxxxxx, a widower, the real
property located on Sunset Boulevard, West Hollywood, California (the
"Property") and described in Exhibit A attached hereto and incorporated herein
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by reference.
WHEREAS, pursuant to that certain Standard Industrial Net Lease,
dated April 10, 1992 (as amended through the date hereof, the "Lease"), Xxxxxxx
X. Xxxxxxx, Trustee to The Xxxxxxx X. Xxxxxxx Trust, as lessor, leased the
Property to Rama Media Investments, Inc. ("Rama"), as lessee. The Lease was
subsequently amended.
WHEREAS, pursuant to an Assignment of Interests under Lease
Agreement, dated May 12, 1993, Xxxx assigned its interests in and to the Lease
to HOB.
WHEREAS, pursuant to that certain Quitclaim Deed, dated April 17,
1997, and recorded in the Official Records of the County of Los Angeles as
Instrument No 97-601992, Xxxxxxx X. Xxxxxxx, a married man, transferred the
Property to Xxxxxxx Lion Xxxxxxx and Xxxxxxx Xxxx Xxxxxxx, Trustees of The
Penzner Xxxxxxx Family Trust Established March 19, 1997 ("The Penzner Xxxxxxx
Family Trust").
WHEREAS the parties hereto desire to execute this Ratification and
Memorandum of Lease to ratify and affirm the terms and provisions of the Lease
and provide record notice of the Lease.
1. Acknowledgment and Ratification of Lease. Lessor, in her capacity as
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Trustee for The Penzner Xxxxxxx Family Trust, hereby acknowledges and agrees
that: (a) the Lease was entered into by Xxxxxxx X. Xxxxxxx, in his capacity as
Trustee of The Xxxxxxx X. Xxxxxxx Trust, as the owner of the Property; (b) all
of Xx. Xxxxxxx'x interest in the Property as Trustee of The Xxxxxxx X. Xxxxxxx
Trust has been transferred to The Penzner Xxxxxxx Family Trust, as Lessor; and
(c) the Lease is hereby ratified and affirmed.
2. Terms and Property. Pursuant to the Lease, Lessor leases to Lessee,
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and Lessee leases from Landlord, the Property, for an initial term of ten (10)
years expiring May 10, 2002, with a first extension option term of ten (10)
years and a second option term of thirteen (13) years, subject to the provisions
of the above-described Lease.
3. Purpose of Memorandum of Lease Agreement. This Memorandum of Ground
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Lease Agreement has been prepared for the purpose of recordation to give notice
of the existence of the Lease, and in the event of any conflict between the
provisions of the Lease and this Memorandum of Lease Agreement, the provisions
of the Lease shall control.
IN WITNESS WHEREOF, Xxxxxx and Xxxxxx have duly executed this Memorandum
of Lease Agreement as of the day and year first above written.
"Lessor":
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/s/ Xxxxxxx Xxxx Xxxxxxx, Trustee
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XXXXXXX XXXX XXXXXXX, AS TRUSTEE OF THE
PENZNER XXXXXXX FAMILY TRUST ESTABLISHED
MARCH 11, 1997
"Lessee":
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HOUSE OF BLUES LOS ANGELES RESTAURANT
CORP., a Delaware corporation
By: /s/ Xxxxxx X. Xxxxxxxxxxx
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Name: Xxxxxx X. Xxxxxxxxxxx
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Its: Treasurer & Secretary
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