Amendment No. 3 to Agreement No. 94-163
AGREEMENT NO. 94-163 (1)
AMENDMENT NO. [1] TO
AGREEMENT NO. 94-163
This AMENDMENT NO. ONE (1) TO AGREEMENT NO. 94-163 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as “ LESSOR”), and GEORGE B. MOSS, also known as G.B. M OSS, an individual (referred to herein as “LESSEE”).
R E C I T A L S
WHEREAS, on August 24, 1994, LESSOR and George B. Moss entered into Agreement No. 94-163 to lease Hangar Building D2 at the Bakersfield Municipal Airport located at 2000 S. Union Avenue, Bakersfield, California (“Airport”); and
WHEREAS, LESSOR has offered LESSEE a one (1), five (5)- year extension to the Lease Term for Hangar D2; and
WHEREAS, LESSOR has requested to add a reversion clause regarding improvements as part of the Lease Agreement effective at termination of the Lease; and
WHEREAS, LESSEE has requested to have the first option to lease Hangar D2 from the LESSOR at a rate determined by the LESSOR at the end of the Term of the Lease; and
WHEREAS, LESSOR and LESSEE have agreed to extend the Term of Lease Agreement No. 94-163 for a one (1), five (5)-year extension and add a reversion clause to the Lease Agreement No. 94-163 for Hangar D2; and
WHEREAS, LESSOR and LESSEE have agreed to provide LESSEE with the first option to lease Hangar D2 at the end of the Term of the Lease.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and LESSEE mutually agree as follows:
1. Section 15 of Agreement No. 94-163 entitled “Sale or Removal of Improvements at Termination” is hereby amended to read as follows:
15. SALE OR REMOVAL OF IMPROVEMENTS AT TERMINATION . Unless otherwise agreed upon in this Lease or attachments and
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Amendment No. 3 to Agreement No. 94-163
amendments thereto and at any time during this Lease or upon the termination of this Lease, or any holding over, LESSEE desires to sell all buildings, hangars and other improvements made to and/or constructed and placed on the premises during the term of this Lease the L ESSEE agrees to give LESSOR a notice in writing at least thirty (30) days before any contemplated sale, of the substance of the terms on which said sale is proposed, and LESSOR shall have the right of first refusal of purchasing same for the same price and upon the same terms and conditions for which the L ESSEE would be willing to sell to any other person or entity who has made a written bona fide good faith offer to purchase. Said notice shall be mailed to LESSOR by registered mail, return receipt requested. LESSOR shall have thirty (30) days thereafter in which to exercise its option to purchase the above described property pursuant to the terms and conditions of the contemplated sale set forth in LESSEE’s notice. If LESSOR does not purchase the above described property as aforesaid, L ESSEE shall (1) have the right, only for the next sixty (60) days, to sell said property to the person or entity who made said offer to purchase, or (2) if the desired sale is during the term of this Lease, LESSEE may continue with the Lease under its then existing terms and conditions. At the end of the term of this Lease, or any extension, all improvements shall become the property of LESSOR. LESSEE in compliance with Section 2 4 –
Assignment/Subletting will have the first option to lease the hangar from the LESSOR at a term and rate determined by the LESSOR. If LESSEE choose s not to rent the property from the LESSOR then LESSEE shall vacate the property, leave the Premises broom clean and in good condition excepting normal wear.
LESSEE shall, at the option of LESSOR, remove all improvements at the end of the term if notified in writing by LESSOR to do so at least thirty (30) days before the end of the term.
2. Section 3 of Agreement No. 94-163 entitled “ Options to Extend ”, is hereby amended to read as follows:
3. OPTIONS TO EXTEND . Provided LESSEE is not in default in any of the terms, covenants and conditions of this Lease, and provided LESSOR desires to continue the use of the airport, LESSOR does hereby grant to LESSEE three (3) options to renew and extend this Lease. The options shall be for three (3) five (5) year periods for a total of fifteen (15) years. After exercising all options to extend, Docusign Envelope ID: E45EE68E-CC6C-4E36-A74E-76C95F25BAED
Amendment No. 3 to Agreement No. 94-163
the Lease shall expire on July 31, 2029 . LESSEE shall exercise said options by giving LESSOR written notice of its intention do so not less than sixty (60) days, but not more than ninety (90) days, prior to the expiration of the term of this lease. All terms, covenants and conditions of this Lease, excepting the rental consideration, shall remain in full force and effect during any extension hereof.
Should LESSOR decide to stop using the premises as an airport, no extension shall be granted.
3. Except as amended herein, all provisions of Agreement No. 94-163 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 94-163 to be executed the day and year first above written.
“LESSOR” “LESSEE”
CITY OF BAKERSFIELD GEORGE B. MOSS,
also known as G.B. MOSS
By:____________________________ By:_________________________________
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZAC MEYER
Public Works Director
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Amendment No. 3 to Agreement No. 94-163
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
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