Ebbx Insurance No. S200002072
AMENDMENT NO. 2
TO THE AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
PENINSULA CORRIDOR JOINT POWERS BOARD
PREAMBLE
This agreement ("Amendment No. 2") is by and between Peninsula Corridor Joint Powers Board, a Joint Powers Authority, with its principal place of business located at 1250 San Carlos Avenue, San Carlos, CA 94070 ("Lessee"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Lessee may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Amendment No. 2."
RECITALS
A. The Parties previously entered into an agreement entitled "Real Estate Lease Agreement", dated July 8, 2009 (the "Original Agreement"); and B. The Original Agreement was previously amended by Amendment No. 1, dated June 24, 2014, and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Lessee provide additional parking for Caltrain patrons at the Santa Clara Train Station, and the Parties now wish to amend the Original Agreement as Amended to extend the term of the agreement.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. AMENDMENT PROVISIONS
That Section 3 of the Original Agreement as Amended, entitled Agreement Date and Term of the Agreement is hereby amended to read as follows:
"For purposes of all Leasehold rights and interests created by this Agreement, the term of this Agreement shall commence on July 1, 2009.
For the purposes of the calculation of rent and fees and their respective due date, the term of the Agreement shall commence on July 1, 2009 (also known as the "Effective Date"). The term of the Agreement for the payment of rent shall commence on the Effective Date and shall terminate ten years thereafter on June 30, 2019 ("Lease Term") or on the date resulting from an earlier termination as hereinafter set forth.
Amendment No. 2 to Agreement/Peninsula Corridor Joint Powers Board Page 1 of 3 Rev. 02/01/15
Notwithstanding the forgoing, the City may terminate this Lease with a ninety (90) day written notice if the Property is necessary for development purposes."
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.
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 sufficient to bind the Parties.
Amendment No. 2 to Agreement/Peninsula Corridor Joint Powers Board
Rev. 02/01/15
OYLE
r'Inlerim City Attorney
ROD DIRIDON, JR.
City Clerk
Michael N. Conneran
Attorney
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. The Effective Date is the date that the final signatory executes the Agreement. 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
APPROVED AS TO FORM:
Dated: (0 (i LtilAL1
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
PENINSULA CORRIDOR JOINT POWERS BOARD
a Joint Powers Authority
APPROVED AS TO FORM:
Dated:
Michelle Bouchard
Chief Operating Officer/Rail
1250 San Carlos Avenue
San Carlos, CA 94070-1306
Telephone: (650) 508-6269
Fax: (650) 508-6365
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Amendment No. 2 to Agreement/Peninsula Corridor Joint Powers Board
Rev, 02/01/15