Loading...
2013 Lease - Mission Ranches Company, LLC/Obata - Amendment No. 1FIRST AMENDMENT TO AGRICULTURAL LEASE This First Amendment to Lease ( "Amendment "), is dated for reference purposes on October 1, 2015, . by and between the South County Regional Wastewater Authority, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California ( "Landlord ") and Mission Ranches Company, LLC ( "Tenant ") and is made with reference to the following facts: RECITALS A. WHEREAS, the land lord is the owner of certain real property located in Santa Clara County, California, identified as portions of Santa Clara County Assessor's Parcel No. 841 -30 -003 which real property is depicted on Exhibit "A" attached hereto (the "Premises "). The Premises contains approximately One Hundred Four and Thirty -Nine One- Hundredths (104.39) acres (approximately Sixty (60) farmable acres) of land. B. WHEREAS, Landlord and Tenant desire to amend that certain lease dated December 12, 2012, between Landlord and Tenant for the Premises ( "the Lease ") to extend its term under the terms and conditions set forth in this Amendment. NOW, THEREFORE, for valuable consideration, the parties agree as follows: 1. Effective Date of Amendment. This Amendment shall become effective upon execution of this Amendment by Landlord and Tenant (the "Effective Date "). 2. Term. The term of the lease is extended for Two (2) years commencing on January 1, 2016 (the "Commencement Date "), and shall terminate on December 31, 2017 (the "Expiration Date "), subject to sooner termination as set forth in the Lease. 3. Rent. Tenant shall pay to Landlord for the term stated in Section 2 above, rent in the amount of Eighteen Thousand Dollars ($18,000) per year, payable in two installments of $9,000.00 each. The first installment of Nine Thousand Dollars ($9,000.00) is due on or before January 31 of each year. The second installment of Nine Thousand Dollars ($9,000.00) is due on or before July 31 of each year. Rent shall be paid to Landlord in the form of cash or check, in advance, without deduction, offset, prior notice or demand, at the City of Gilroy, Finance Department, 7351 Rosanna Street, Gilroy, CA 95020. Tenant and Landlord acknowledge that Landlord has a project which may require the use of five to six acres of this parcel. If acres of this parcel are needed for this project, Landlord shall have the right to give Tenant a 90 day notice of a reduction in acreage of the Premises, which reduction shall take effect automatically upon the date specified in the notice. Rent from the day specified forward shall be reduced by the reduction, if any, in farmable area, such that the new rent shall be calculated based upon the ratio that the new farmable acreage bears to 60 acres. Tenant shall have no other claim to rental offset, refund, or any other damages of any sort based upon this change in the Premises, and this Lease shall continue in full force and effect as to the revised Premises. 4826- 7430- 7624v2 JM106943001 4. Effect of Amendment. Except to the extent modified by the terms of this Amendment, the Lease shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Lease and this Amendment, the terms of this Amendment shall control. Dated: Dated: 4826- 7430 -7624, v. 2 LANDLORD: SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California By: F.d Tewes• L-'j ajorie l h.C,4 -n v Title: 4alerirrr General Manager TENANT: Mission Ranches Company, LLC By: Sam McKinsey Title: President APPROVED AS TO FORM: By: ANDY FABER Acting Legal Counsel 4826- 7430- 7624v2 _2_ JFQ6943001 4. Effect of Amendment. Except to the extent modified by the terms of this Amendment, the Lease shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Lease and this Amendment, the terms of this Amendment shall control. Dated: LANDLORD: SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California By: E ewes Title: Interim General Manager i Dated: e' / / 2 If TENANT: Mission Ranches Company, LLC By: Sam McKinsey Title: President APPROVED AS TO FORM: By: I a ANDY FABER Acting Legal Counsel 4826- 7430 -7624, v. 2 4826 - 7430- 7624v2 _2_ X06943001 T.- :Jw1A,.s 2ex, 5U8'G.t� 'f OS -464', 29) f 841 3C u �c I� / *s v r } - � 5 �� BgUTH COUNTY REGIONAL 9% I WATF si AUTHORITY e j 7 ' CITY OF GILROY } j L.Tn �l is x r • SOUTH GOUIITY REWpNAL WASTEyMTER AUTHORITY i n.w he t1 m w I t. _S IL OFAC % ii "_ s _. Ac cyt, ai: SOUTH COUNTY REGIONAL L q su q WASTEWATER AUTHORITY - — .iK gs7 K . 1 '�fi — • j�� __ "MAC.' 27, � L =-= 4L , = —_ ri �a'. ►�; � — x�i .set t ,9 1 M u' fK. faC. r 1415 SOUTH COUNTY 9 REGIONAL u � WASTYWATER _ AUTHORl7Y _ m� E. *"Ac :I 4 f.c • _ i' 76 lt4�o � 1• , ;. • n' • t t C a r O�nT tAT 1i' ' I.ltt f11 /1 /l! 4arLtm • SOUTH GOUIITY REWpNAL WASTEyMTER AUTHORITY i n.w he t1 m w I t. _S IL MISSI -4 OP ID: JV CERTIFICATE OF LIABILITY INSURANCE DATE 3131120 1 5Y) 03/31/201.5 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, AN_ D 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 Phone: 650- 573 -1111 License 2 8826 Company-San Mateo Fax: 650 - 378 -4361 License 0208825 220 West 20th Ave San Mateo, CA 94403 CONTACT NAME: PHONE FAX A/c No Ext : A/c No): E -MAIL ADDRESS: INSURER(S) AFFORDING_ COVERAGE NAIC p INSURERA:Praetorian Insurance_ Company 37257 I'I INSURED Mission Ranches Company, LLC 117 N. First Street INSURER .B.:National Union Fire Ins Co PA 19445 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX1 OCCUR X King City, CA 93930 INSURER C 04/01/2015 INSURER D: PREMISES Ea occurrence - INSURER E: $ 5,000 .PERSONAL 8 ADV INJURY INSURER.F : - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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, TERM 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. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY M /DD/YYYY POLICY LIMITS GENERAL LIABILITY I'I EACH OCCURRENCE $ 1,600,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX1 OCCUR X H10010013304 04/01/2015 04/01/2016 PREMISES Ea occurrence $ 100;000 MED EXP (Any one person) $ 5,000 .PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) S 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO H10010013304 04/01/2015 04/01/2016 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 X AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE BPU10013304 0410112015 04101/2016' DEDRETENTION 8 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE D? OFFICER/MEMBER EXCLUDE ❑ NIA 034155856 01/01/2015 7 01/01/2016 X I WC ST ATU- T.H- - TORY LIMIT -' ER E.L. . EACH ACCIDENT $ 1,0.00,000 .. E.L. DISEASE -EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,00 A Rnt/Lease /Brw Equi H10010013304 04/01/2015 04101/2016 Limit 500,00 A Cargo H10010013304 .04/01/2015 04/01/2016 Limit 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Lease of real property located in Santa Clara County; Parcel No. 841 -30 -003 and 841 -30 -004. The City of Gilroy, its officers, officials and employees are included as additional insured for General Liability per Form CG20110413 attached. a,r-r% IIrn Arr nvl..Llcr% I,ANIaLLAIIVN SOUGIL3 South County Regional Wastewater Authority c/o City of Gilroy 7351 Rosana Street SHOULD ANY OF THE ABOVE DESCRIBED' POLICIES BE CANCELLED BEFORE THE 'EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. UTHORIZED REPRESENTATIVE �a,L &at ©1988 -2010 ACORD CORPORATION. All rgahts reserved ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: H10010013304. COMMERCIAL GENERAL LIABILITY CG 20 11.04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART — - - - -- - -- ------ SCHEDULE.— Designation Of Premises (Part Leased To You): At a location or locations designated in a written contract or agreement requiring coverage under this form. Name Of Person(s) Or Organization(s) (Additional Insured): If the Additional Insured is the manager or lessor of premises or land which is leased, rented or loaned to you through a current in -force written contract with the insured, is required to have the coverage afforded . Under this form are included herein and considered covered as Additional Insured- Managers or Lessors of Premises. Such coverage afforded is only as specified herein and no other coverage is granted or implied. Additional Premium: $ 0 Information required to complete this Schedule, if not shown above, will-be :shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising, out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However. 1: The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured, will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 1104 13 © Insurance Services Office, Inc., 2012 Page 1 of 1