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HomeMy WebLinkAboutGreyhound Lines - 2001 Agreement - Amendment No. 6SIXTH AMENDMENT TO SUBLEASE This SIXTH AMENDMENT TO SUBLEASE ("Sixth Amendment") is dated for reference purposes as of April 1, 2019, 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"), and by the Fourth Amendment signed by the Subtenant on April 16, 2013 and by the Sublessor on April 23, 2013 (the "Fourth Amendment"), and by the Fifth Amendment signed by the Subtenant on April 15, 2014 and by the Sublessor on May 21, 2014 (the "Fifth Amendment"). The Original Sublease, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment is referred to in this Sixth Amendment as the "Existing Sublease". C. Sublessor and Subtenant desire to amend the Existing Sublease on the terms and conditions set forth in this Sixth 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 Sixth Amendment shall have the meaning assigned to such terms in the Existing Sublease unless otherwise defined in this Sixth Amendment. 2. Term. Pursuant to the Existing Sublease, the Term is scheduled to expire on May 31, 2019. The Term of the Sublease is hereby extended for three (3) years commencing as of June 1, 2019 and expiring on May 31, 2022 (the "3 Year Extension Period"), provided however that each of Sublessor and Subtenant shall have the right to terminate the Sublease without penalty after the second year of the 3 Year Extension Period by delivering to the other party hereto not less than six (6) months prior written notice of termination. 3. Early Termination. Beginning on June 1, 2021, the Sublessor and Subtenant shall have the right to terminate the Sublease prior to the expiration of the Term of this Agreement, without penalty, if and only if the party terminating the Sublease delivers to the other party hereto not less than six (6) months prior written notice of termination. 4823-6333-89140 1 CCHW04706083 4. Rent. Base Rent for the 3 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. 5. 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 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. 6. Effect of Amendment. This Sixth Amendment shall become effective on June 1, 2019. From and after the date this Sixth Amendment becomes effective, the term "Sublease" as used in the Existing Sublease shall mean the Existing Sublease, as modified by this Sixth 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 Sixth Amendment, the terms of this Sixth Amendment shall control. This Sixth Amendment may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument. This Sixth Amendment shall be governed by and construed in accordance with the laws of the State of California. This Sixth 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 Sixth Amendment, the Existing Sublease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment on the date set forth below to be effective upon full execution as of June 1, 2019. SUBTENANT: Approved as to fq rm By n . �l/ Attorney GREYHOUND LINES, INC., a Delaware Corporation E By: �'b Name: (3handrikaMcCormack Title: (-I ru Dated: fV1 AY 5-1'j1 Z L? l 48514379-88040 2 MDOLINGER104706083 SUBLESSOR: CITY OF GILROY, a municipal corporation By: Gabriel A. Gonzalez Title: City Administrator Dated:`a�/' ATTES : it erk '✓— � Dated: APPROVEADS TO FORM: City Attorney Dated: vCo3t Ap,2ol-7 J 1 4851-4379-8804v3 MDOLINGER104706083 AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ik.� I 12/29/2018 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Tanya D. Stephenson Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 250 Park Avenue (A/C. No. EXt): 212-994-7085 (A/C. No): 212-994-7047 3rd Floor E-MAIL Tanya_StephenSon@aig.com New York NY 10177 I INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Insurance Company of Pittsburg 19445 INSURED INSURER B: New Hampshire Insurance Company 23841 Greyhound Lines, Inc. 350 N. St. Paul St. I INSURER C : American Home Assurance Company 19380 Dallas, TX 75201 I INSURER D: Commerce and Industry Insurance Company 19410 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:2061674574 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICYNUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL 3629887 12/31/2018 12/31/2019 EACH OCCURRENCE $ 5 000 000 DAMAGERENTED CLAIMS -MADE F OCCUR PREMISESS(Ea occurrence) $ 5,000,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY I PRO - POLICY � LOC PRODUCTS- COMP/OP AGG $ 5,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA1921794(AOS) 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT Ea accident) $5,000,000 A X ANY AUTO CA1921795(MA) CA1921796 (VA) 12/31/2018 12/31/2018 12/31/2019 12/31/2019 BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY $ AUTOS ONLY AUTOS (Per accident) X HIRED X NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ D X UMBRELLA LIAB OCCUR 28295050 12/31/2018 12/31/2019 EACH OCCURRENCE $ 2,000,000 EXCESS LAB CLAIMS -MADE AGGREGATE $ 2,000,000 DED I I RETENTION $ $ B WORKERS COMPENSATION WC 014649556 (AOS) 12/31/2018 12/31/2019 X I PER 1OTH- STATUTE ER C AND EMPLOYERS'LIABILITY YIN WC 014649553 (CA) 12/31/2018 12/31/2019 B ANYPROPRIETOR/PARTNER/EXECUTIVE B El N/A WC 014649552 (FL) 12/31/2018 12/31/2019 E.L. EACH ACCIDENT $ 5,000,000 OFFICER/MEMBEREXCLUDED? B (Mandatoryfyes,d WC014649557 MN 12/31/2018 12/31/2019 be under If yes, describe under WC 014649555 (WI, MA) 12/31/2018 12/31/2019 E.L. DISEASE - EA EMPLOYEE $ 5,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Workers Compensation: Policy #: WC 014649550 (AK, AZ, IL, NC, NH, NJ, PA, UT, VT) Policy Term: 12/31/18 to 12/31/19 Carrier Name: NEW HAMPSHIRE INS CO (NAIC #:23841) Limits: E.L. Each Accident / E.L. Disease -Ea Employee / E.L. Disease -Policy Limit - $5,000,000 City of Gilroy, its officers, representatives, agents and employees are included as additional insured(blanket end't) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy CA 95020 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: AC" ADDITIONAL REMARKS SCHEDULE %ft--- AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, Inc. Greyhound Lines, Inc. 350 N. St. Paul St. POLICY NUMBER Dallas. TX 75201 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 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 Page 1 of 1 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD