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HomeMy WebLinkAboutGreyhound Lines - 2001 Agreement - Amendment No. 4FOURTH AMENDMENT TO SUBLEASE This FOURTH AMENDMENT TO SUBLEASE ( "Fourth 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 Third Amendment, is referred to in this Fourth Amendment as the "Existing Sublease ". C. Sublessor and Subtenant desire to amend the Existing Sublease on the terms and conditions set forth in this Fourth 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 Fourth Amendment shall have the meaning assigned to such terms in the Existing Sublease unless otherwise defined in this Fourth 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. 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 WDOLINGEM1040494.1 1 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 Fourth Amendment shall become effective on June 1, 2013. From and after the date this Fourth Amendment becomes effective, the term "Sublease" as used in the Existing Sublease shall mean the Existing Sublease, as modified by this Fourth 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 Fourth Amendment, the terms of this Fourth Amendment shall control. This Fourth Amendment may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument. This Fourth Amendment shall be governed by and construed in accordance with the laws of the State of California. This Fourth 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 Fourth Amendment, the Existing Sublease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth 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 By Name: LLx- Title: SJ � � � "11.04 Dated: SUBLESSOR: ROY, a municipal corporation By: � Thomas J. Hag nd Title: City Administra or Dated: 7i�s 3 1MDOLINGERl1040494.1 041212 - 04706083 FORTH 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 Third 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. 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 I L9 1MDOLINGER11040494.1 J � , V` W 1 . " �- 0 4 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 terms 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 By: 1' c e Name: T6 t � K_ Title: c� Dated: SUBLESSOR: C IYOF ILROY, a municipal corporation Bmas J. Hag19nd Title: City A minist ator Dated: Z� IMDOLINGER11040494.1 2 041212 - 04706083 ATTES Dated: APPROVED AS TO FORM: X�� zf, 6ff-.O-- City Attorney ` tt r0a Co ll o r-, Dated: 1MD OL INGER11040494.1 041212- 04706083