A 05-2016
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement ("First Amendment") is made and entered into as of January 25, 2016, 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 ("Lease Agreement"), a copy of which is attached hereto as Exhibit A, that provides for Tenant to lease a portion of Landlord's property at 1050 Crespi Drive, Pacifica, California ("Leased Property"); and
B. As described in the Lease Agreement, Tenant will use the Leased Property to install portable buildings for classrooms, studios, and performance space; and The City of Pacifica Planning Commission approved Tenant's use of the Leased Premises in April 2015 and Tenant received its building permits in October 2015; and D. Tenant has requested that the City agree to amend the Lease Agreement such that the Effective Date and Commencement Date coincide with Tenant's receipt of building permits for its use of the Leased Premises, with the Expiration Date calculated as of this amended Commencement Date, and Landlord desires to approve these amendments.
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:
Recitals. The foregoing Recitals are incorporated into and material to this First Amendment.
Amendment to "Effective Date". The term "Effective Date" in ARTICLE 1 of the Lease Agreement is amended to provide as follows:
"Effective Date" means October 1, 2015.
Amendment to "Commencement Date". The term "Commencement Date" in ARTICLE 1 of the Lease Agreement is amended to provide as follows:
"Commencement Date" means October 1, 2015.
Amendment to "Expiration Date". The term "Expiration Date" in ARTICLE 1 of the Lease Agreement is amended to provide as follows:
"Expiration Date" means September 30, 2025.
Lease Agreement in Effect. Except as amended by this First Amendment, the Lease Agreement shall remain in full force and effect.
Counterpart Signatures. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS THEREOF, the parties have executed this First Amendment as of the date first written above.
LANDLORD: TENANT:
CITY OF PACIFICA, a California SPINDRIFT SCHOOL OF PERFORMING Municipal corporation ARTS, a California non-profit corporation By
Lorie Tinfow, City Manager (Date)
sacky O'Connec By:
Kathy U Connell, City Clerk
City Clerk (Date)
Its:
Approved as to form
NAh
Afichelle Marchetta Kenyon, City Attorney