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Ebix Insurance No.
AMENDMENT NO. 2
TO THE GROUND LEASE AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
SANTA CLARA POLICE ACTIVITIES LEAGUE
PREAMBLE
This agreement ("Amendment No. 2%) is made and entered into on this day of December, 2013, ("Effective Date") by and between Santa Clara Police Activities League, a California non- profit public benefit corporation, with its principal place of business located at 301 El Camino Real, Santa Clara, California 95050 ("PAL"), and the City of Santa Clara, California, a charterec California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Partics" or the "Parties to this Amendment No. 2"
RECITALS
A. The Parties previously entered into an agreement entitled "GROUND LEASE", dated August 25, 1998 (the "Original Agreement"); and
The Original Agreement was previously amended by Amendment No. 1, dated January 27, 2004. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended", and
The Parties entered into the Original Agreement as Amended for the purpose of having PAL construct and maintain a bicycled motocross facility for youth activities, and the Parties now wish to amend the Original Agreement as Amended to provide for revised lease terms.
The Parties agree as follows:
AGREEMENT PROVISIONS
AMENDMENT PROVISIONS
A. The parties agree to the following definitions.
it ace Coast Energy it, Or al groan as trended are and
successor in interest to Covanta Energy.
All references to "Initial Tem", "Initial Term and any Extended Term" and "Lease Term" in the Original Agreement as Amended are and is replaced with "Term".
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B. Section 2 of the Original Agreement as Amended, entitled "Lease Term" is hereby amended to read as follows:
The term of this Lease ("Term") shall commence on the date of execution of this Lease by all of the Parties (the "Lease Commencement Date" and shall continue for a period expiring February 29, 2016 (the "Lease Expiration Date"), unless sooner terminated in accordance with the provisions hereof. With the written consent of the City (signed on behalf of the City by the City Manager and approved as to form as provided below), PAL may remain after on a month to month basis on all the other terms of this lease, except that such tenancy may be terminated on fifteen C. That paragraph number 2.I, entitled "Option to Extend" of Section 2 of the Original Agreement as Amended, is deleted.
D. Section 8 of the Original Agreement as Amended, entitled, "Entry by City" is hereby amended to read as follows:
City, and its agents, employees, and independent contractors, and any third E. That Section 19 entitled "Hold Over" of the Original Agreement as Amended is deleted.
F. That paragraph number 20.2, entitled "Delivery" is hereby amended to replace the following:
Notice to PAL:
SANTA CLARA POLICE ACTIVITIES LEAGUE
601 El Camino Real
Santa Clara, CA 95050
2. TERMS
: All other terms of the Original Agreement as Amended which are not in conflict with the provisions of this Amendment No. 2 shall remain unchanged in full force and effect. In case of'a conflict in the terms of the Original Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
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3. COUNTERPART/FACSIMILE SIGNATURE
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Amendment No. 2 shall become operative on the Effective Date first set forth above.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVEL AS TO BORN:
last
RICHARD E. NOSKY, JR. JULIO J. FUENTES
City Attorney City Manager
1500 Warburton Avenue
ATTEST: Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
ROD DIRIDON, JR.
City Clerk
"CITY"
SANTA CLARA POLICE ACTIVITIES LEAGUE, INC.,
a California non-profit public benefit corporation
By:
Name: Roseann LaCoursiere
Title: President, PAL Board of Directors
Local Address: 601 E1 Camino Real
Santa Clara, CA 95050
Email Address: YoS aMN [email protected]
Telephone: (408) 615-4880
Fax: L.
"PAL"
EVAGRREMENTSQOTSMMENDMENT NO 2 roziscd - BMX.DOC
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