HomeMy WebLinkAboutGreyhound Lines - 2001 Agreement - Amendment No. 2SECOND AMENDMENT TO SUBLEASE
This SECOND AMENDMENT TO SUBLEASE ( "Second Amendment ") is dated for
reference purposes as of June 1, 2011, 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 Lease as the Depot building commonly known as 7250 Monterey Road,
Gilroy, California, as more particularly described in the Original Sublease.
B. The Original Sublease was amended by that certain Amendment No. 1 signed by
Subtenant on November 28`x, 2005 and by Sublessor on December 5t', 2005 (the "First
Amendment "). The Original Sublease, as amended by the First Amendment, is referred to in this
Second Amendment as the "Existing Sublease ".
C. Sublessor and Subtenant desire to amend the Existing Sublease on the terms and
conditions set forth in this Second 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 Second Amendment shall have the
meaning assigned to such terms in the Existing Sublease unless otherwise defined in this Second
Amendment.
Term. Pursuant to the Existing Sublease, the Term was scheduled to expire on June 1,
2011, Subtenant having failed to timely exercise its Option to extend the Term. Sublessor and
Subtenant acknowledge and agree that all Options under the Sublease have expired and are no
longer of any force or effect. The Term ' of the Sublease is hereby extended for one (1) year
commencing as of June 1, 2011 and expiring on May 31, 2012 (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.
2. 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.
3. Effect of Amendment. This Second Amendment shall become effective as of
June 1, 2011, when it is signed by both Sublessor and Subtenant. From and after the date this
Second Amendment becomes effective, the term "Sublease" as used in the Existing Sublease
shall mean the Existing Sublease, as modified by this Second Amendment. This Second
Amendment may be executed in counterparts, each of which shall be deemed an original and
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together shall constitute one instrument. This Second Amendment shall be governed by and
construed in accordance with the laws of the State of California. This Second 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 Second Amendment, the Existing Sublease shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on
the date set forth below to be effective upon full execution as of June 1, 2011.
SUBTENANT:
GREYHOUND LINES INC., a Delaware
corporatio
By:
Name: �hR '< -,c-
Title: v go IEf . c 5
Dated: 11 ( `") � 1
SUBLESSOR:
ITY O ROY, a municipal corporation
By:
omas J. Ha and
Title: City Administrator
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together shall constitute one instrument. This Second Amendment shall be governed by and
construed in accordance with the laws of the State of California. This Second 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 Second Amendment, the Existing Sublease shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on
the date set forth below to be effective upon full execution as of June 1, 2011.
SUBTENANT:
GREYHOUND LINES INC., a Delaware
corporatio
By:
Name: (�e� 'r.+,•+ rr�,
Title:
Dated:
SUBLESSOR:
CITY OF GILROY, a municipal corporation
By:
Thomas J. Haglund
Title: City Administrator
Dated:
ATTEST:
City Clerk
Dated:
APPROVED AS TO FORM:
City Attorney
Dated: S �/
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