Greyhound Lines - Amendment No. 4FORTH AMENDMENT TO SUBLEASE
This FORTH AMENDMENT TO SUBLEASE (`Forth Amendment ") is dated for
reference purposes as of April 1, 2013, by and between The City of Gilroy, a municipal
corporation ( "Sublessor ") and Greyhound Lines, Inc., a Delaware corporation ("Subtenant")/
RECITALS
A. Pursuant to that certain Sublease dated as of June 1, 2001 (the "Original
Sublease "), Sublessor subleased to Subtenant a portion of certain premises described in
Paragraph 1 of the Original Sublease as the Depot building commonly known as 7250 Monterey
Road, Gilroy, California (the "Premises ").
B. The Original Sublease was amended by that certain Amendment No. 1 signed by
Subtenant on November 28, 2005 and by Sublessor on December 5, 2005 (the "First
Amendment'), by the Second Amendment signed by Subtenant on July 13, 2011 and by
Sublessor on July 27, 2011 (the "Second Amendment'), and by the Third Amendment signed by
Subtenant on June 5, 2012 and by the Sublessor on June 22, 2012 (the "Third Amendment').
The Original Sublease, as amended by the First Amendment, the Second Amendment, and the
Thud Amendment, is referred to in this Forth Amendment as the "Existing Sublease ".
C. Sublessor and Subtenant desire to amend the Existing Sublease on the terms and
conditions set forth in this Forth Amendment.
NOW, THEREFORE, in consideration of the foregoing recitals and other consideration,
the sufficiency of which is hereby acknowledged, the parties hereto amend, modify and
supplement the Existing Sublease as follows:
1. Defined Terms. Capitalized terms used in this Forth Amendment shall have the
meaning assigned to such terms in the Existing Sublease unless otherwise defined in this Forth
Amendment.
2. Term. Pursuant to the Existing Sublease, the Term is scheduled to expire on May
31, 2013. The Term of the Sublease is hereby extended for one (1) year commencing as of June
1, 2013 and expiring on May 31, 2014 (the "1 Year Extension Period "), provided however that
each of Sublessor and Subtenant shall have the right to terminate the Sublease without penalty
before expiration of the 1 Year Extension Period by delivering to the other party hereto not less
than six (6) months prior written notice of termination.
31 Rent. Base Rent for the 1 Year Extension Period shall be Six Hundred Fifty
Dollars ($650) per month payable in accordance with Section 4 and all other provisions of the
Sublease.
4. Uses of the Premises. Subtenant acknowledges and agrees that the Premises is to
be a resource for all public transportation services in Gilroy, and as such Subtenant shall: (i)
provide information and ticket sales for VTA bus services, local taxis, commercial bus services
and other transportation services; (ii) open the Premises for business and continence and
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WDOLINGERM404941
041212 - 04706083
continue services at the Premises during at least the following hours: on Mondays through
Saturdays, inclusive, from 8:00 a.m. until 7:30 p.m. (`Business Hours'); and (iii) assure that the
Building and all of its facilities are available for the use of VTA and commercial bus services,
local taxis, and Caltrain patrons during Business Hours.
5. Effect of Amendment. This Forth Amendment shall become effective on June 1,
2013. From and after the date this Forth Amendment becomes effective, the term "Sublease" as
used in the Existing Sublease shall mean the Existing Sublease, as modified by this Forth
Amendment. Except as expressly modified herein, all of the provisions of the Existing Sublease
shall remain in full force and effect. In the case of any inconsistencies between the Existing
Sublease and this Forth Amendment, the terns of this Forth Amendment shall control. This
Forth Amendment may be executed in counterparts, each of which shall be deemed an original
and together shall constitute one instrument. This Forth Amendment shall be governed by and
construed in accordance with the laws of the State of California. This Forth Amendment and all
obligations and undertakings herein shall be binding upon, and shall inure to the benefit of the
parties hereto, their heirs, executors, administrators, successors, and assigns, and /or anyone
claiming by, through, or under any of them. Except to the extent modified by the terms and
conditions of this Forth Amendment, the Existing Sublease shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Forth Amendment on
the date set forth below to be effective upon full execution as of June 1, 2013.
SUBTENANT:
GREYHOUND LINES, INC., a Delaware
corporation �J
By:�
Name: i'P_ci -�') uL (-.-
Title: -ZSQ T
Dated:
SUBLESSOR:
C TQ LF: J.LROY, a municipal corporation
By: --,
Thomas J. Hagl nd
Title: City Admmrstra or
Dated: Zz )
WDOLINGEM1040494.1 2
041212 - 04706083
ATTES
Dated:
APPROVED AS TO FORM:
K
City Attomeyr 1 I,P,7 /G �
Dated:f/ l=
WDOUNGER11040494.1
041212 - 04706083
a
�c °R° CERTIFICATE OF LIABILITY INSURANCE I °12 �4 2 �2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE .POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 1- 212- 994 -7100 CONTACT
NAME: Tanya D. Stephenson
Arthur J. Gallaghar Risk Management Services, Inc. - - -- ' - -- - -- - -- - -- FAX
((AUC�NC,Extl 212- 994 -7085 11 11 - -. _IACC" ) 212 - 9.94 -7047
250 Park Avenue E -MAIL Tan a_Ste h
ADDRESS;; Y p enson @a]9•com
3rd Floor
New York, INY 10177 __ _. _ INSURER(S) AFFORDING COVERAGE NAIC #_
_ INSUReRA: INSURANCE CO OF THE STATE OF PA 119429
INSURED INSURERS: NATIONAL UNION FIRE INS CO OF PITTS 119445
Greyhound Lines, Inc. INSURER ILLINOIS NAIL INS DO 23817
350 N. St. Paul Street INSURER D: COMMERCE & INDUSTRY INS CO 19410
Dallas, TX 75201
INSURERS: _ NEW HAMPSHIRE INS _ CO 123841
__ . - _.I_.. ...___-
INSURER F.
COVERAGES CERTIFICATE NUMBER: 30671065 RFVISION NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 'PERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR IADDL SUER _i POLICY EFF i.POLICY EXP - -
- MMIODIYVYY I LIMITS
LTft I TYPE OF INSURANCE y I POLICY NUMBER I MMIDOIYYYY (
A ''_GENERAL LIABILITY ', G1,949389 1 12/31 /12112
/31/13. EACH OCCURRENCE Is 5,000,000
X COMMERCIAL GENERAL LIABILITY
_DAMAGE TO RENTED - - - - -- -
LEa oc encei L$5 000,000
I I CLAIMS -MADE 1` g OCCUR 11
_PREMISES
MEO EXP (A , one person) g 50,000
I
„_
- -
PERSONAL& ADV INJURY 1 $ 5,000,000
I
GENERAL AGGREGATE $ 10,000 000
GEN'LAGGREGATELIMITAPPUESPER'.
PRODUCTS-COMP IOPAGG $5 000,000
X
JECT POLICY PRO- LOB
1
H CA949249 (VA )• I 12/31/12 12/31/131, COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY
(Ea acctleng 5,000,000
C X CA949248 (TX)' 12/31/1 12/31/131
BODILY INJURY
ANY AUTO (Per person) $
H 1. 7 12/31/13;_.
OWNED ' 'SCHEDULED CA949247(AOS) 1. 12/31/12
1 BODILY INJURY accidecHI S
AUTOS AUTOS
NON-OWNED
XI X PROPERTY DAMAGE-
'_(Per
HIRED AUTOS accdent)
_i AUTOS
D X UMBRELLA LIAR iX I 13273459 I 12/31/12 12/31/131 EACH OCCURRENCE 1$ 2,000,000
I !OCCUR
SLIAB ! 1 I_ _ _ — __.. 0-0-0 ---
EXCESS CLAIMS MADE. I
� I AGGREGATE $ 2,000,000
1.
DED I RETENTION $ $
E WORKERS COMPENSATION X I WC STATU-
1705101(WI), 1705095(F 12/31/12 12/31/13 !DRY L
AND EMPLOYERS' LIABILITY - YIN _� _
E ANY PROPRIETORIPARTNERIEXECUTIVE WC1705104(AOS),1705099(CA) 12/31/12 12/31/13 E L. EACH ACCIDENT S 5,_000,000
'NIA
OFFICERIM.EMBER EXCLUDED' _
E (Mandatory in NH I, (A05), 1705100 IL, 12 31/13
( )12/31/12 / 1 E.L. DISEASE -EA EMPLOYEE $ 5,000,000
._ _. _
DESCRIPTION OF OPERATIONS below .1705104
R F 1
II DESCRIPTION OFF ,1705096(OR), 1705097(TX ?�- 1 12/31/13 1
)', 12/31/12 E.L. DISEASE- POLICVLIMIT Ig 5,000,000
E IWonkers Compensation 1 144216119 (MA) 44216118 BAD) 12/31/1? 12/31/131E.L. Each Accident 5,000,000
1IE.L.
11 Disease -Ea unp5,000,000
1E.L. Disease- Policy5,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
City of Gilroy, its officers, representatives, agents and employees are included as additional insured(blanket end`t)
solely with respect to General and Automobile liability coverages as evidenced herein on a primary /non - contributory
basis as required by written Contract with respect to Lease Agreement. A waiver of subrogation applies as required by
written contract.
Notice of Cancellation: 30 days written notice /10 days for non -pay
CERTIFICATE HOLDER CANCEL) ATION
ACORD 25 (2010105)
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30671065
L 188° -2UI11 AUUKU GORPURATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Gilroy
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
17351 Rosanna Street
AUTHORIZED REPRESENTATIVE
Gilroy, CA 95020
USA
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ACORD 25 (2010105)
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30671065
L 188° -2UI11 AUUKU GORPURATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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