FIRST AMENDMENT OF LEASE
THIS FIRST AMENDMENT OF LEASE (the "Amendment") is made as of the 12th
day of June, 1998, between FF PROPERTIES, L.P., A CALIFORNIA LIMITED
PARTNERSHIP ("Landlord"), and EAGLE HARDWARE AND GARDEN, INC., A WASHINGTON
CORPORATION ("Tenant"), with reference to the following facts:
RECITALS:
A. Landlord and Tenant have entered into a written ground lease (the
"Lease"), dated as of March 5, 1998 for certain premises (the "Premises")
located in the City of Westminster, County of Orange, State of California
which is a part of that certain shopping center commonly known as the
"Westminster Gateway Center" (the "Center"). In the Lease, the Premises had
been referred to, in part, as Xxxx 0, 0, 0, xxx 0 xx Xxxxx Xxx Xx. 00000, as
more particularly described in the Lease.
B. An Application for Lot Line Adjustment LL-A 98-2 was recorded on May
12, 1998, as Instrument No. 19980291311 and was re-recorded on June 10, 1998
as Instrument No. 19980364998, in the Official Records of Orange County,
California (the "Lot Line Adjustment"). The Lot Line Adjustment was recorded
in order to, among other things, correct certain boundaries of the legal lots
comprising the Center.
C. The parties desire to confirm the legal description of the real
property comprising both the Shopping Center and the Premises (as those terms
are used in the Lease), as the same have been modified by the Lot Line
Adjustment. Following the execution of this Amendment, the parties also
intend to cause a Memorandum of the Lease to be recorded in the Official
Records of Orange County, California.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
set forth in this Amendment, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows (unless otherwise defined herein, capitalized terms
shall have the same definition in this Amendment as set forth in the Lease):
AGREEMENT:
1. SHOPPING CENTER. Notwithstanding anything to the contrary contained
in the Lease, the legal description of the Shopping Center is as follows:
Parcels 1 through 6, inclusive, of the Lot Line Adjustment.
2. PREMISES. Notwithstanding anything to the contrary contained in the
Lease, the legal description of the Premises is as follows:
Parcels, 4, 5, and 6, inclusive, of the Lot Line Adjustment.
3. NO OTHER MODIFICATIONS. Except as expressly set forth in this
Amendment, the Lease is not amended, modified, or supplemented in any way and
remains in full force and effect. In the event of a conflict between the
terms of the Lease and this Amendment, this Amendment shall govern.
4. COUNTERPARTS. This Amendment may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first set forth above.
LANDLORD:
FF PROPERTIES, L.P., a California limited partnership
By: Carnoustie, Inc., a California corporation
Its general partner
By: /s/ Xxxxx X. Xxxxxxxx
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Name: Xxxxx. X. Xxxxxxxx
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Title: Vice President
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TENANT:
EAGLE HARDWARE & GARDEN, INC.,
a Washington corporation
By: /s/ Xxxxxxx X. Xxxxxx
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Name: Xxxxxxx X. Xxxxxx
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Title: President & CEO
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State of California )
) ss.
County of Los Angeles)
On June 29, 1998, before me, Xxxx Xxxxxxxxxx, Notary Public, personally
appeared Xxxxx X. Xxxxxxxx, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on
the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
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XXXX XXXXXXXXXX
[SEAL] Commission # 1088002 /s/ Xxxx Xxxxxxxxxx
Notary Public -- California ------------------------
Los Angeles County
My Comm. Expires Feb 16, 2000
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Capacity of signer: Vice President
Signer is representing: Carnoustie, Inc., general partner of FF Properties, L.P.
Document: First Amendment of Lease
State of Washington )
) ss.
County of King )
On June 16, 1998, before me, Xxxxx X. Xxxx, Notary Public, personally
appeared Xxxxxxx X. Xxxxxx, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he
executed the same as President and Chief Executive Officer of Eagle Hardware
& Garden, Inc., and that by his signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
[SEAL] /s/ Xxxxx X. Xxxx
--------------------------------
Xxxxx X. Xxxx
Notary Public for Washington
My Commission Expires: 2/14/02
