THIRD AMENDMENT OF INDUSTRIAL REAL ESTATE LEASE
Exhibit 10.2
THIRD AMENDMENT OF INDUSTRIAL REAL ESTATE LEASE
This Third Amendment of Industrial Real Estate Lease (“Amendment”) is entered into by and between 0000 Xxxxx Xxxxxxx, LLC. (“Landlord”), as Landlord, and Unified Grocers, Inc., formerly known as Unified Western Grocers, Inc., as successor to Associated Grocers, Incorporated, by assignment dated September 30, 2007 (“Tenant”), under that certain Industrial Real Estate Lease (“Lease”) dated April 19, 2007, as amended by that certain First Amendment of Industrial Real Estate Lease dated March 24, 2010, as amended by that certain Second Amendment of Industrial Real Estate Lease dated December 10, 2010 between the parties hereto.
RECITALS
A. Landlord and Tenant desire to amend the Lease to acknowledge the Reduction of Leased Parking Area in accordance with the terms and conditions contained herein.
B. The Property commonly known as 0000 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxx,
Xxxxxxxxxx, 00000 is owned by Landlord.
C. All of the modifications in this Amendment shall be effective as of delivery by the last signing party to the first signing party.
D. Except as may be expressly provided otherwise in this Amendment, capitalized terms in this Amendment shall have the meaning given such terms in the Lease.
NOW, THEREFORE, in consideration of the mutual promises contained herein, Landlord and Tenant agree as follows:
1. Amendments.
1.1 Section 1.3 Property is amended by adding the following to the end of such Section:
Tenant agrees that commencing September 1, 2011, there shall be a reduction of the leased parking area located at the northwest xxxxx of the Property and depicted on the site plan attached as Schedule 1.3.1 Site Plan attached hereto.
2. Entire Amendment. This Amendment sets forth the entire agreement of the parties with respect to the subject matter set forth herein and may not be modified other than by an agreement in writing signed by the parties hereto or their respective successors or assigns.
3. Acknowledgment. The parties hereto each acknowledge that except as expressly modified by this Amendment, all the terms and conditions of the Lease remain unchanged and are in full force and effect and enforceable in accordance with their terms. In the event of a
conflict between the Lease and this Amendment, the terms and provisions of this Amendment shall control.
4. Counterparts. This Amendment may be executed in counterparts and each counterpart taken together, shall constitute one document.
5. Schedules. Schedule 1.3.1 Site Plan attached hereto is incorporated herein by this reference, and replaces and supersedes the existing Schedule 1.3.1 Site Plan.
6. Lender’s Consent. The effectiveness of this Amendment is conditioned upon Landlord receiving the consent of its lender.
DATED this 14TH day of SEPTEMBER, 2011.
TENANT:
By: /s/ Xxxx X. Xxxxxxx
Its: VICE PRESIDENT
LANDLORD:
0000 XXXXX XXXXXXX LLC. by Xxxxx Corporation, Manager
By: /s/ Xxxxxxxx
Its: Treasurer & Secretary
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this 14th day of September, 2011, before me, the undersigned, a Notary Public in and for the State of California, duly commissioned and sworn as such,
personally appeared Xxxx X. Xxxxxxx, to me known to be the Vice President of UNIFIED GROCERS, INC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he/she was authorized to execute said instrument.
WITNESS my hand and official seal the day and year in this certificate first above
written.
/s/ XXXXXX XXXXXXXXX
Printed Name: XXXXXX XXXXXXXXX
NOTARY PUBLIC in and for the State of
California, residing at Commerce, Ca
My commission expires: June 20th, 2011
XXXXXX XXXXXXXXX
Commission # 1854918
Notary Public - California
Los Angeles County
My Comm. Expires Jun 20, 0000
XXXXX XX XXXXXXXXXX )
) ss.
COUNTY OF KING )
On this 21st day of September, 2011, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn as such, personally appeared Xxxxxxxx X. Xxxxxx, to me known to be the Treasurer & Secretary of Xxxxx Corporation, Manager of 0000 XXXXX XXXXXXX LLC, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.
WITNESS my hand and official seal the day and year in this certificate first above written.
XXXXXXX XXXXX XXXXXXX COMMISSION EXPIRES NOTARY PUBLIC 0-00-00 XXXXX XX XXXXXXXXXX
/s/ Xxxxxxx Xxxxx Xxxxxxx
Printed Name: Xxxxxxx Xxxxx Xxxxxxx
NOTARY PUBLIC in and for the State of
Washington, residing at Seattle, WA
My commission expires: 2/19/15
SCHEDULE 1.3.1 SITE PLAN
LEGEND
AREA WITHIN THE REDUCTION OF LEASED PARKING AREA UTILIZED FOR STARBUCKS
WITHIN THE REDUCTION PARKING AREA NOT REQUIRED AT THIS TIME
REQUESTING THIS AREA BE INCLUDED AS A SHARED ACCESS POINT
EAST MARGINAL WAY
