SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement ("Second Amendment") is made and entered into as of August __, 2025, between CITY OF PACIFICA, a California municipal corporation (“Landlord”), and SPINDRIFT SCHOOL OF PERFORMING ARTS, a California nonprofit corporation (“Tenant”).
RECITALS
A. Landlord and Tenant are parties to a Lease Agreement dated August 11, 2014, as amended by that certain First Amendment to Lease Agreement dated January 25, 2016 (collectively. “Lease Agreement”), a copy of which is attached hereto as Exhibit A and Exhibit A-1 respectively, that provides for Tenant to lease a portion of Landlord’s property at 1050 Crespi Drive, Pacifica, California (“Leased Property”).
B. As described in the Lease Agreement, Tenant will use the Leased Property to operate portable buildings for classrooms, studios, and performance space.
C. Tenant has requested that the City agree to amend the Lease Agreement such that the term is extended beyond the current Expiration Date of September 30, 2025.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Recitals/Defined Terms. The foregoing Recitals are incorporated into and material to this Second Amendment. Terms not otherwise defined in this Second Amendment shall have the meaning given to them in the Lease Agreement.
2. Term. The term of this Lease Agreement is hereby extended for a period of five (5) years, such that the extended term commences on October 1, 2025 (“Extension Commencement Date”) and continues until September 30, 2030 (“Extension Term”).
3. Additional Extension Option. During the Extension Term, Tenant shall have one additional extension option ("Additional Extension Option") to extend the term of this Lease Agreement, as amended hereby, for a period of five (5) years ("Additional Option Term") subject to the following conditions: (a) at the time the Additional Extension Option is exercised and also on the commencement date of the Additional Option Period, the Lease Agreement shall be in full force and effect, Tenant shall not be in material default of the Lease Agreement, Tenant shall not have assigned the Lease Agreement or sublet all or any of the Leased Property, and Landlord shall approve in writing, in its sole discretion, of Tenant’s exercise of the Additional Extension Option; and (b) the Additional Extension Option must be exercised by written notice given to Landlord no earlier than one (1) year or later than six (6) months prior to expiration of the Extension Term. If the Additional Extension Option is timely and effectively exercised, the term of the Lease Agreement shall be extended for the Additional Option Term, upon all of the terms and conditions of the Lease Agreement. Prior to the commencement of the Additional Option Term, Tenant and Landlord shall execute an amendment to this Lease Agreement memorializing the extension of the Lease Agreement for the Additional Option Term.
4. Rent. Effective as of the Extension Commencement Date, Tenant shall pay as Base Rent the annual amount of $7,311.00 and the monthly amount of $609.25. Thereafter, during the Extension Term and the Additional Extension Term (if the Additional Extension Option is timely and property exercised), the annual rent shall increase on the anniversary of each Extension Commencement Date and on the anniversary date of each commencement date during the Additional Option Term (if the Additional Extension Option is timely and property exercised) by an amount equal to two and one-half percent (2.5%) of the prior year’s Base Rent.
5. California Accessibility Disclosure. Unless otherwise stated elsewhere in this Lease Agreement, as amended hereby, as of the date hereof, the Leased Property have not undergone inspection by a Certified Access Specialist (CASp). A CASp can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. If so requested, the parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.
However, the payment of the fee for the CASp inspection and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Leased Property shall be borne solely by Tenant.
6. Brokers. Tenant warrants and represents that it has had no dealings with any broker in connection with the negotiation or execution of this Second Amendment.
7. Ratification. Except as modified by this Second Amendment, the Lease Agreement and all the terms, covenants, conditions and agreements thereof are hereby in all respects ratified, confirmed and approved. Tenant hereby affirms that on the date hereof no breach or default by either party has occurred and that the Lease Agreement, and all of its terms, conditions, covenants, agreements and provisions, except as hereby modified, are in full force and effect with no defenses or offsets thereto.
8. Entire Agreement. This Second Amendment contains the entire understanding between the parties with respect to the matters contained herein. No representations, warranties, covenants or agreements have been made concerning or affecting the subject matter of this Second Amendment, except as contained herein and in the Lease Agreement, as amended hereby. This Second Amendment may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change or modification or discharge is sought.
9. Interpretation. In the event of any conflict between the provisions of the Lease Agreement and the provisions of this Second Amendment, the provisions of this Second Amendment shall control. All paragraph headings of this Second Amendment are inserted for convenience only and shall not affect the construction or interpretation hereof.
10. Counterparts: Electronic Signatures. This Second Amendment may be executed in counterparts, each of which shall be deemed to be an original, but which together shall constitute one original Lease Agreement. The counterparts of this Second Amendment may be executed by electronic signatures and may be delivered electronically by any party to any other party and the receiving party may rely on the receipt of such document so executed and delivered by electronic means as if the original had been received.
IN WITNESS THEREOF, the parties have executed this Second Amendment as of the date first written above.
LANDLORD: TENANT:
CITY OF PACIFICA, a California
municipal corporation
By:______________________/________
Kevin Woodhouse, City Manager
Date:______________________________
SPINDRIFT SCHOOL OF PERFORMING
ARTS, a California non-profit corporation
By:________________________/_____________
Its:______________________________________
Date: __________________________________
Attest:
Name: _______________________
City Clerk
By:_________________________/_________
Its:
Date: ____________________________________
Approved as to form:
Michelle Marchetta Kenyon, City Attorney