First Amendment to
EX-10.4 5 tpc20200930-ex104indle.htm EX-10.4 Document
FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT
THIS FIRST AMENDMENT (the “First Amendment”) is made and entered into and effective as of the 7th day of October, 2020 hereto (the “Effective Date”), by and between Aliaron Investments, Ltd., formerly known as Kristra Investments, Ltd., (“Landlord”) and Tutor Perini Corporation (“Tenant”). (Each individual member may be referred to herein as a “Party” and collectively hereinafter in this First Amendment, the "Parties").
WHEREAS, on June 1, 2014, Kristra Investments, Ltd. and Tutor Perini Corporation entered into that certain Commercial Lease Agreement (“Lease”), for the lease of land and improvements commonly located on the northeast corner of Jurupa Avenue and Cherry Avenue in Fontana, California (“Premises”); and
WHEREAS, on December 31, 2018, Kristra Investments, Ltd. changed its name to Aliaron Investments, Ltd.; and
WHEREAS, the Parties desire to amend the Lease to clarify the current Landlord’s name change and to correct a technical error in the Assessor’s Parcel Number for the Premises.
NOW, THEREFORE, the Parties in consideration of the mutual promises and agreements set forth herein, and intending to be legally bound, on behalf of themselves and their respective successors and assigns, do hereby agree as follows:
1.Amendments: The Lease shall be amended as follows:
a.Landlord. The Landlord is Aliaron Investments, Ltd. (“Landlord”).
b.Premises. Landlord is the owner of land and improvements commonly known and
numbered as Assessor’s Parcel Number 0236-191-25-0-000, commonly located on the northeast corner of Jurupa Avenue and Cherry Avenue in Fontana, California (“Premises”).
2.Full Force and Effect. Except as expressly amended hereby, all of the representations,
warranties, terms, covenants, conditions and other provisions of the Lease shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendments set forth herein shall be limited precisely as provided for herein to the provisions expressly amended herein and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other term or provision of the Lease.
3.Miscellaneous. Each party to this First Amendment shall execute all instruments and
documents and take such further action as may be reasonably required to effectuate the purpose of this First Amendment. This First Amendment may be modified only by a writing executed by the Parties hereto. This First Amendment may be executed in multiple counterparts (including electronic [PDF] or facsimile counterparts), each of which shall be deemed an original, and all such counterparts shall together constitute one and the same instrument. The invalidity of any portion of this First Amendment shall not have any effect on the balance thereof.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized officers or agents on the date first written above.
ALIARON INVESTMENTS, LTD.
|By: Aliaron Investments, Inc.|
|Its: General Partner|
|/s/ Ronald N. Tutor|
|Ronald N. Tutor, President|
|Aliaron Investments, Inc.|
TUTOR PERINI CORPORATION
|/s/ Gary G. Smalley|
Gary G. Smalley, Executive Vice President and Chief Financial Officer