DRAFT SUBJECT TO APPROVAL BY THE CITY COUNCIL AND ACCEPTANCE BY THE TENANT. THIS DOCUMENT DOES NOT CONSTITUTE A BINDING AGREEMENT UNTIL ALL
REQUIRED APPROVALS HAVE BEEN OBTAINED AND THE AGREEMENT HAS BEEN
SIGNED BY THE PARTIES
Amendment No. 2 to Rental Agreement
City of Barstow / Peraton, Inc.
AMENDMENT No. 2 TO RENTAL AGREEMENT
(City of Barstow and Peraton, Inc.)
This Amendment No. 2 (“Amendment”) to Rental Agreement (“Agreement”) is made on this ____th day of _________, 2026 at Barstow, California, by and between the City of Barstow, a municipal corporation (“City”) and Peraton Inc., a Maryland Corporation (“Tenant”).
This Amendment modifies the original Agreement between the City and the Tenant dated October 1, 2022 in the following fashion:
I. City and Tenant desire to amend the Agreement by modifying payment obligations under Section 3 as follows, with deletions noted by struck through text and additions denoted by underlined text:
3. TERM: TENANT’S initial term shall commence on October 1, 2022 and continue on a month-to-month basis until March 31st, 2026. Beginning April 1, 2026, the term shall be annual until April 1, 2031 (“Renewal Term”). Prior to the end of the Renewal Term, the parties may agree to extend this Rental Agreement for an additional fiveyear term. TENANT shall have the right to terminate this Rental Agreement at any time for any or no reason by first giving thirty (30) ninety (90) days prior written notice to the CITY. The CITY shall also have the right to terminate said Rental Agreement any time for any or no reason by first giving thirty (30) ninety (90) days prior written notice to the TENANT.
II. City and Tenant desire to amend the Agreement by modifying payment obligations under Section 4 as follows, with deletions noted by struck through text and additions denoted by underlined text:
4. RENT:
a. For the period of October 1, 2022 through September 30, 2025 these provisions shall apply: Except as otherwise provided herein In consideration of the possession and use of the Premises, TENANT shall deliver and pay Rent to the CITY during this term of the Rental Agreement for $3,334.80 per month. Payment is due at the start of each month ("Due Date"). Payment for the first month's rent is due to the CITY before TENANT can occupy the Premise. TENANT shall pay a security deposit of two times the first month's rent to the CITY before it can occupy the Premise. The CITY shall return the security deposit to the Tenant per the
DRAFT SUBJECT TO APPROVAL BY THE CITY COUNCIL AND ACCEPTANCE BY THE TENANT. THIS DOCUMENT DOES NOT CONSTITUTE A BINDING AGREEMENT UNTIL ALL
REQUIRED APPROVALS HAVE BEEN OBTAINED AND THE AGREEMENT HAS BEEN
SIGNED BY THE PARTIES
Amendment No. 2 to Rental Agreement
City of Barstow / Peraton, Inc.
provisions of this Rental Agreement including but not limited to Sections 12, 17, and/or 19at the termination of this Rental Agreement.
For every year past October 1, 2023 that TENANT continues in the Rental Agreement, the Rent shall be increased by the current Bureau of Labor Statistics Consumer Price Index for All Urban Consumers, for the Riverside-San Bernardino-Ontario area as of July 1, rounded to the nearest one-half percent.
b. For the period of October 1, 2025 to March 31, 2026, these provisions shall apply: TENANT shall be granted a rent holiday from October 1, 2025 to March 31, 2026 (“Rent Holiday Period”). During this Rent Holiday Period, TENANT shall not be obligated to pay monthly rent as specified in this section. All other terms and obligations of this Agreement shall remain in full force and effect during the Rent Holiday Period, including but not limited to TENANT’S obligations to pay for the cost of utilities and duty to maintain insurance coverage. Regular rent payments shall resume on April 1, 2026, in accordance with the terms set forth in this section, unless the TENANT provides written notice to the CITY of its intent to vacate within 30 days per Section 3 on or before March 2, 2026.
c. For the period of April 1, 2026 until the termination or amendment of this Agreement, these provisions shall apply: In consideration of the possession and use of the Premises, TENANT shall deliver and pay Rent to the CITY during this term of the Rental Agreement for $1 annually. Payment is due on April 1st of every year, starting on April 1, 2026 ("Due Date").
Payments shall be made payable to "The City of Barstow" and considered payment under this Agreement when delivered to:
City of Barstow
Finance Department
220 East Mountain View Street, Ste "A"
Barstow, CA 92311
DRAFT SUBJECT TO APPROVAL BY THE CITY COUNCIL AND ACCEPTANCE BY THE TENANT. THIS DOCUMENT DOES NOT CONSTITUTE A BINDING AGREEMENT UNTIL ALL
REQUIRED APPROVALS HAVE BEEN OBTAINED AND THE AGREEMENT HAS BEEN
SIGNED BY THE PARTIES
Amendment No. 2 to Rental Agreement
City of Barstow / Peraton, Inc.
III. City and Tenant desire to amend the Agreement by modifying payment obligations under Section 5.d as follows, with deletions noted by struck through text and additions denoted by underlined text:
Fire and Extended Coverage. The policy is to provide coverage against loss or damage to the Premises resulting from fire, lightning, vandalism, malicious mischief and such perils ordinarily defined as “extended coverage” including flood but not earthquake.
Such insurance shall be maintained in an amount of not less than 90% of the full replacement value.
The required Commercial General Liability policy shall name City as an “additional insured.”
The required Fire and Extended Coverage Policy shall name City as “loss payee”.
Each policy of insurance shall contain the following clause:
“It is agreed that this policy shall not be cancelled nor the coverage reduced until thirty (30) ninety (90) days after City shall have received written notice of such cancellation or reduction. The notice shall be deemed effective on the date delivered to said City as evidenced by properly validated return receipt.” City shall retain the right at any time to review the coverage, form and amount of insurance required herein, and may require TENANT to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exist at the time a change in insurance is required. City requirements shall be reasonable.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Barstow
By: ______________________________
Rochelle, Clayton, City Manager
Date: _______________
Attest:
By: ______________________________
Andrea Flores, City Clerk
“Tenant”
Peraton, Inc.
By:______________________________
Name: ___________________________
Title :____________________________
Date: __________________
By:______________________________
Name: ___________________________
Title :____________________________
Date: __________________
DRAFT SUBJECT TO APPROVAL BY THE CITY COUNCIL AND ACCEPTANCE BY THE TENANT. THIS DOCUMENT DOES NOT CONSTITUTE A BINDING AGREEMENT UNTIL ALL
REQUIRED APPROVALS HAVE BEEN OBTAINED AND THE AGREEMENT HAS BEEN
SIGNED BY THE PARTIES
Amendment No. 2 to Rental Agreement
City of Barstow / Peraton, Inc.
Date: _______________
Approved as to form:
By: ______________________________
Matthew T. Summers, City Attorney
Date: _______________