FIFTH AMENDMENT TO LEASE
Fifth Amendment dared as of February 23, 1999 to Lease Agreement ("J ease')
between Vestar California XXIII, L.L.C., an Arizona limited liability company,
as Assignee from DP Partnership ("Landlord") and Cabrillo Lanes, Inc., a New
York corporation, dba the Grove Bowling Center (" Tenant")
RECITALS:
A. Landlord arid Tea m% have previously entered into the Vase, as amended by a
First Amendment dated as of November 1, 1996 ("First Amendment"), Second
Amendment dated November 28, 1998 ("Second Amendment'), Third Amendment
dated December 18, 1999 ("Third Amendment") and Fourth Amendment dated
January 19. 1999 ("Fourth Amendment').
B. Tenant has requested a postponement of the three payments of deferred rent
due to Landlord per paragraph 3.A of the First Amendment until March 23,
1999 and Landlord is agreeable to such extension on the following tams:
NOW, THEREFORE, Landlord and Tenant agree to amend the Lease as follows pursuant
to this Fifth Amendment ("Fifth Amendment"):
AGREEMENTS:
1. Paragraph 5.2(b) of the Lease is amended to extend the one-third (113)
payments of Deferred Rent, due on November 28, 1998, December 31. 1998 and
January 31, 1999 to the date of March 23, 1999.
2. This Fifth Amendment may be executed by facsimile counterpart signatures.
3. Except as set forth in this fifth Amendment, the Lease remains in full force
and effect. Tenant hereby reaffirms all agreements, covenants and promises
set forth in the Lease_ All references in the Lease to "this Lease" shall be
deemed references to the Lease as modified by his Fifth Amendment.
IN WITNESS WHEREOF, the parties have executed this fifth Amendment as of the
date and year first herein above set forth.
LANDLORD:
VESTAR CALIFORNIA XXIII L.L.C., an
Arizona Iimited liability company
By; KuhIe Investments Limited Partnership, an
Arizona limited partnership
Its: Masking Member
By: Xxxxx: Corporation,
an Arizona corporation
Its: General Partner
TENANT:
CABRILLO LANES, INC., a New York corporation
By: /S/ XXXXXX X. XXXXX
Name: Xxxxxx X. Xxxxx, President
By its signature below, Sports Arena, Inc, hereby (i) expressly consents to,
acknowledges and joins in terms of the Fourth Amendment to Lease between Vestar
California XXIII, L.L.C. ("Landlord") and Cabrillo Lanes, Inc. (a wholly owned
company of Sports Arena, Inc.); and (ii) makes, adopts and reaffirms for the
benefit of Landlord each of its covenants, obligations and agreements made in
that certain Guaranty of Lease dated January 3, 1994, as if it expressly made
each such covenant, obligation and agreement in this Fifth Amendment.
SPORTS ARENAS, INC.
By: /S/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Its: President
