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HomeMy WebLinkAboutInternational Wrestling Institute and Museum Inc-6/3/2010LEASE MODIFICATION This Lease Modification is made, as of the date set forth below, with reference to a certain Business Property Lease (the "Lease") dated ,41,4y a 7 o/o , by and between the City of Waterloo, Iowa ("Landlord") and International Wresting Institdt,e and Museum, Inc. ("IWIM") concerning premises located at 303 Jefferson Street, Waterloo, Iowa. WHEREAS, IWIM proposes to assign its interest as tenant under the Lease to National Wrestling Hall of Fame, Inc. ("Assignee"); and WHEREAS, paragraph 9 of the Lease provides that the tenant ("Tenant") may not assign its interest in the Lease without the prior written consent of Landlord; and WHEREAS, Landlord is willing to consent to said assignment, subject to the terms hereof. NOW, THEREFORE, the parties agree as follows: 1. Assignee shall be substituted for IWIM as Tenant under the Lease and shall assume and be bound by all covenants of the Tenant, to the same extent as if Assignee were the original tenant thereunder. 2. If the premises is not open for business to the general public in keeping with the purposes prescribed by the Lease for a period of fifteen (15) consecutive days, Tenant shall be deemed to be in default under the Lease, the leasehold interest shall be deemed abandoned, and the Lease shall immediately terminate upon written notice from Landlord. Tenant or its attorney shall promptly deliver all keys to the office of the Waterloo City Attorney. All personal property remaining in the premises shall also be deemed abandoned and, upon Lease termination, shall become the sole property of Landlord, which shall have no accountability to Tenant or any other person for the disposition or proceeds thereof. 3. The provisions of paragraph 2 above shall not apply with respect to any period in which the premises is closed as a result of flood, fire, natural disaster, or any other act of nature or act of God. 4. Landlord hereby consents to assignment of the Lease by IWIM and the assumption of same by Assignee. 5. This Modification shall be governed by the internal laws of the State of Iowa. It represents the entire agreement of the parties concerning the subject matter hereof. This Lease Modification may not be modified without the prior written consent of both parties. Tenant agrees to the jurisdiction and venue of the Iowa District Court for Black Hawk County for the resolution of all disputes arising from or in connection with the Lease or this Modification. Except to the extent modified hereby, the Lease shall continue in full force and effect. This Modification is binding on the parties and the respective successors and assigns of each. IN WITNESS WHEREOF, the parties have executed this Lease Modification by their duly authorized representatives as of the date of its approval by the Waterloo City Council indicated below. CITY OF ERLOO, IOWA est G. Clar Mayor INTERNATIONAL WRESTLING INSTITUTE AND MUSEUM, INC. By: Title: Approved by Waterloo City Council on June , 2010 de ---7 7