THIRD AMENDMENT TO LEASE
Third Amendment dated as of December 18, 1998 to Lease Agreement ("Lease")
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 and Tenant have previously entered into the Lease, as amended by a
First Amendment dated as of November 1, 1996 ("First Amendment") and Second
Amendment dated November 28, 1998 ("Second Amendment").
B. Tenant has requested a postponement of the two payments of deferred rent due
to Landlord per paragraph 3A, of the First Amendment until January 19, 1999
and Landlord is agreeable to such extension on the following terms:
NOW, THEREFORE, Landlord and Tenant agree to amend the Lease as follows pursuant
to this Third Amendment ("Third Amendment"):
AGREEMENTS:
1. Paragraph 5.2(b) of the Lease is amended to extend the one-third (1/3)
payments of Deferred Rent due on November 28, 1998 and December 31, 1998 to
the date of January 19, 1999,
2. This Third Amendment may be executed by facsimile counterpart signatures.
3. Except as set forth in this Third Amendment, the Lease remains in fall 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 this Third Amendment.
IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the
date and year first herein above set forth.
LANDLORD:
VESTAR CALIFORNIA XXIII, L.L.C., an Arizona
limited liability company
By: Xxxxxx Investment-3 Limited Partnership, an
Arizona limited partnership Its. Managing Member
By: Xxxxxx 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 Third 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 Third Amendment.
SPORTS ARENAS, INC.
By: /S/ Xxxxxx X. Xxxxx
Name: Xxxxxx X. Xxxxx
Its: President
