EXHIBIT 10.33
SECOND AMENDMENT TO LEASE
This Second Amendment to Lease ("Second Amendment") is made and
entered into as of the 15th day of June, 1993, by and between Xxxxxxx X.
Xxxxxxx, Trustee of the Xxxxxxx X. Xxxxxxx Trust, as Lessor, and House of Blues
Los Angeles Restaurant Corp., a Delaware corporation, as Lessee, and is intended
to amend that certain Standard Industrial Lease - Net between Lessor and
Lessee's predecessor-in-interest, Rama Media Investments, Inc., a Tennessee
corporation ("Rama") dated, for reference purposes only, April 10, 1992, as
previously amended by that certain First Amendment to Lease dated as of
September 19, 1992 (the "First Amendment"). Such Lease, as heretofore amended by
the First Amendment, is hereinafter referred to as the "Lease." This Second
Amendment is entered into with reference to the following background facts:
A. Pursuant to the terms of the Lease, Lessor leased to Rama certain
real property located in the City of Xxxx Xxxxxxxxx, Xxxxxx xx Xxx Xxxxxxx,
Xxxxxxxxxx, and more fully described in the Lease as the "Premises."
B. Pursuant to that certain Assignment of Interests under Lease
Agreement dated May 12, 1993, Rama assigned its interests in and to the Lease to
House of Blues Los Angeles Restaurant Corp., a Delaware corporation ("Lessee").
Lessor consented to such Assignment pursuant to that certain Consent to
Assignment dated May 28, 1993.
X. Xxxxxx and Lessee have determined that the legal description for the
Premises attached as Exhibit "A" to the Lease is incorrect. Lessor and Lessee
have agreed to amend the Lease to confirm that the legal description of the
Premises shall be the legal description attached hereto as Exhibit "A".
X. Xxxxxx and Lessee have further agreed to extend the Contingency
Period and the deadline for Lessee's Cancellation Right as provided in Paragraph
3 of the First Amendment from June 30, 1993 through and including October 31,
1993.
Accordingly, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
1. Recitals. Each and all of the foregoing recitals of background facts
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are incorporated herein by this reference as though set forth herein verbatim.
2. Legal Description. Notwithstanding anything contained in the Lease to
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the contrary, Lessor and Lessee agree that the legal description of the Premises
shall be the description more fully set
forth in Exhibit "A" attached hereto and incorporated herein by this reference.
Exhibit "A" currently attached to the Lease shall be superseded and without
force or effect.
3. Contingencies. Lessor and Lessee agree that the June 30, 1993
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deadline for the Contingency Period and Lessee's Cancellation Right shall be
extended through and including October 31, 1993.
4. Full Force and Effect. Except as modified herein, the Lease, as
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previously modified by the First Amendment, remains unmodified and in full force
and effect.
5. Counterparts. This Second Amendment may be executed in one
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or more counterparts, each of which taken together shall be deemed one and the
same instrument.
IN WITNESS WHEREOF, the parties have executed this Second Amendment
as of the date and year first above written.
LESSOR:
/s/ Xxxxxxx X. Xxxxxxx
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XXXXXXX X. XXXXXXX, Trustee of the
Xxxxxxx X. Xxxxxxx Trust
LESSEE:
HOUSE OF BLUES LOS ANGELES
RESTAURANT CORP., a Delaware Corporation
By: /s/ Xxxxx Xxxx
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Its: Executive Vice President-Operations
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2
LEGAL DESCRIPTION
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XXXX 0, 0, 0 XX XXXXX XX. 0000 XX THE CITY OF WEST HOLLYWOOD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23 PAGE 64 OF MAPS, IN
THE OFFICE OF THE COUNTRY RECORDER OF SAID COUNTY.
ALSO ALL THAT PORTION OF LOT 6 LYING WESTERLY OF THE LINE COMMENCING AT THE
SOUTHWESTERLY CORNER OF SAID LOT 6 AND EXTENDING NORTHERLY AND PARALLEL WITH THE
EASTERLY LINE OF SAID LOT 6 TO THE NORTHERLY LINE THEREOF, OF SAID TRACT NO.
1501.
ALSO THE NORTHERLY 6 FEET OF XXX 0 XX XXXX XXXXX XX. 0000.
EXHIBIT "A"
