S:\Airport 2\Hangar - Tie Down - Shade Lease Agrmt\Richard Osborn Amendment No. 2 to Agreement No. 95-153.docPage 1 of 3 AGREEMENT NO. 95-153 (2)
AMENDMENT NO. [2] TO
AGREEMENT NO. 95-153
This AMENDMENT NO. TWO (2) TO AGREEMENT NO. 95-153 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 RICHARD OSBORN, JR. an individual (referred to herein as “LESSEE”).
R E C I T A L S
WHEREAS, on June 14, 1995, LESSOR and Richard Osborn, Jr. entered into Agreement No. 95-153 to lease Hangar Building A10 at the Bakersfield Municipal Airport located at 2000 S. Union Avenue, Bakersfield, California (“Airport”); and
WHEREAS, on June 3, 2015, LESSOR and LESSEE entered into Amendment No. One (1) to Agreement No. 95-153 to provide LESSEE options to renew and extend the lease term for two (2) additional five (5) year periods , and to add a provision governing the payment of utilities; and
WHEREAS, LESSOR has offered and LESSEE has agreed to exercise one (1) additional five-year extension to the Lease Term for Hangar A10; and
WHEREAS, as a condition of extending the Lease Term, LESSOR requested to add a reversion clause governing ownership of improvements at termination of the Lease; and
WHEREAS, LESSEE has requested to have the first option to lease Hangar A10 from the LESSOR at a rate determined by the LESSOR at the end of the Term of the Lease; and
WHEREAS, LESSOR and LESSEE therefore desire to extend the Term of Lease Agreement No. 95- 153 for one (1) additional five (5) -year extension , with a reversion clause and a first option to lease Hangar A10 at lease termination, as set forth in this Amendment No. 2.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and LESSEE mutually agree as follows:
1. Section 12 of Agreement No. 95- 153 entitled “Removal of Improvements at Termination” is hereby amended to read as follows:
Docusign Envelope ID: EF5BA2E9-AD8D-4D63-8383-11CAA3CC1203
S:\Airport 2\Hangar - Tie Down - Shade Lease Agrmt\Richard Osborn Amendment No. 2 to Agreement No. 95-153.docPage 2 of 3
12. REMOVAL OF IMPROVEMENTS AT TERMINATION. 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 1 – Assignment/Subletting, will have the first option to lease the hangar from the LESSOR when this Lease terminates, at a new term and rate determined by the LESSOR . If LESSEE chooses not to rent the property from the LESSOR then LESSEE shall vacate the property at Lease termination, leave the Premises broom clean and in good condition excepting normal wear and tear. 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. The paragraph of Agreement No. 95-153 entitled “Extensions” that was added by Amendment No. 1 is hereby numbered Section 39 and is hereby amended to read as follows:
39. EXTENSIONS. 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 following the initial Term set forth in Section 2 .
After exercising all options to extend, the Lease shall expire on May 31, 2030. 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. 95-153 shall remain in full force and effect.
Docusign Envelope ID: EF5BA2E9-AD8D-4D63-8383-11CAA3CC1203
S:\Airport 2\Hangar - Tie Down - Shade Lease Agrmt\Richard Osborn Amendment No. 2 to Agreement No. 95-153.docPage 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 9 5-153 to be executed the day and year first above written.
“LESSOR” “LESSEE”
CITY OF BAKERSFIELD Richard Osborn, Jr.
By:________________________ By:________________________
KAREN GOH
Mayor
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By:____________________________
ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: EF5BA2E9-AD8D-4D63-8383-11CAA3CC1203
Certificate Of Completion
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Status: Completed
Subject: Complete with Docusign: Richard Osborn Amendment No. 2 to Agreement No. 95-153.pdf Source Envelope:
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City Clerk's Office
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6/30/2025 3:48:52 PM
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Zachary Meyer
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Richard Osborne, Zachary Meyer
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