HomeMy WebLinkAboutGreyhound Lines - 2001 Agreement - Amendment No. 3THIRD AMENDMENT TO SUBLEASE
This. THIRD AMENDMENT TO SUBLEASE ("Third Amendment ") is dated for
reference purposes as of May 1, 2012, 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 I 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 "), and by the Second Amendment signed by Subtenant on July 13, 2011 and by
Sublessor on July 27, 2011 (the "Second Amendment"). The Original Sublease, as amended by
the First Amendment and the Second Amendment, is referred to in this Third Amendment. as the
"Existing Sublease ".
C. Sublessor and Subtenant desire to amend the Existing Sublease on the terms and
conditions set forth in this Third 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 Third Amendment shall have the
meaning assigned to such terms in the Existing Sublease unless otherwise defined in this Third
Amendment.
2. Term. Pursuant to the Existing Sublease, the Term is scheduled to expire on May
31, 2012. The Term of the Sublease is hereby extended for one (1) year commencing as of June
1, 2012 and expiring on May 31, 2013 (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 I Year Extension Period by delivering to the other party hereto not less
than six (6) months prior written notice of termination.
3. 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 commence and
continue services at the Premises during at least the following hours: on Mondays through
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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 Third Amendment shall become effective on June 1,
2012. From and after the date this Third Amendment becomes effective, the term "Sublease" as
used in the Existing Sublease shall mean the Existing Sublease, as modified by this Third
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 Third Amendment, the terms of this Third Amendment shall control. This
Third Amendment may be executed in counterparts, each of which shall be deemed an original
and together shall constitute one instrument. This Third Amendment shall be governed by and
construed in accordance with the laws of the State of California. This Third 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 Third Amendment, the Existing Sublease shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on
the date set forth below to be effective upon full execution as of June 1, 2012.
SUBTENANT:
GREYHOUND LINES, INC., a Delaware
Corp
By: ation
Name
Title:
Dated: 6 BSI )-0 U.
SUBLESSOR:
CI Y OF ROY, a municipal corporation
By: I v
Th mas J. Haglund
Title: City Administrator
Dated: 12Z--' I Z
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