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Home My WebLink About2006-09-06 STAFF REPORTS 2N °�pALM sp4 ' ; Z � V N c9`'`°Ra`P Citz Council Staff Repo DATE: September 6, 2006 CONSENT CALENDAR SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3192 WITH ROBERT J. POND TO EXTEND THE TERM FIVE (5) YEARS FROM: David H. Ready, City Manager BY: Department of Aviation SUMMARY Amendment No. 1 to agreement No. 3192 for a term of not more than five (5) years. RECOMMENDATION: 1. Adopt Minute Order No. approving Amendment No. 1 to Agreement No. 3192 with Robert J. Pond to extend the term five years effective September 15, 2006 through September 14, 2011, 2. Authorize City Manager to execute all necessary documents. STAFF ANALYSIS: The City of Palm Springs entered into a lease with Robert J. Pond on November 1, 1989 for a term ending September 14, 2006. Robert Pond has requested an extension to Agreement No. 3192 for a term of not more than five (5) years. The current annual base rent of $21,171.84 will be adjusted effective September 15, 2006 to reflect the change in the cost of living as shown in the August 2006 Consumer Price Index (CPI). Per the agreement, the CPI adjustment is effective every fifth year of the agreement in September based on the preceding August CPI. ITEM NO.2, City Council Staff Report September 6, 2006 -- Page 2 Pond Amendment No. 1 At its regularly scheduled meeting on September 6, 2006, the Airport Commission recommended City Council approve Amendment No. 1 to Agreement No. 3192 with Robert J. Pond to extend the term effective September 15, 2006 throug eptember 14, 2011. FISCAL IMPACT: Approval of Amendment No. 1 to Agreement No. 3192 represe tan increase in Airport revenue based on the CPI adjustment, which will be calculated in September when the August CPI is available. David H. Ready, City Mann Richard S. Walsh, A.A.E. Director of Aviation Attachments: Minute Order No Amendment No. 1 to Lease Agreement No. 3192 MINUTE ORDER NO. ADOPT MINUTE ORDER NO. APPROVING AMENDMENT NO. 1 TO AGREEMENT NO. 3192 WITH ROBERT J. POND TO EXTEND THE TERM FIVE (5) YEARS EFFECTIVE SEPTEMBER 15, 2006 THROUGH SEPTEMBER 14, 2011. I HEREBY CERTIFY that this Minute Order, authorizing the City Manager to execute Amendment No. 1 to Agreement No. 3192 with Robert J. Pond to extend the term five (5) years effective September 15, 2006 through September 14, 2011, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 6th day of September 2006. James Thompson, City Clerk AMENDMENT NO.1 TO LEASE WITH ROBERT J. POND This AMENDMENT NO. 1 TO LEASE NO. 3192 WITH ROBERT J. POND ("Amendment No. 1") is made and entered into this day of 2006, by and between the CITY OF PALM SPRINGS, a California municipal corporation ("City") and ROBERT J. POND ("Tenant"). RECITALS WHEREAS, on November 1, 1989, City and Tenant entered into that certain Lease with Robert J. Pond ("Agreement"), for Tenant's lease of certain real property at the Palm Springs International Airport ("Airport"), as more specifically described in the Agreement. WHEREAS, Tenant has requested of City to amend Lease Agreement No. 3192 allowing Tenant a five (5) year extension. WHEREAS, the parties wish to amend the Agreement pursuant to the terms of this Amendment No. 1. AGREEMENT NOW, THEREFORE, in consideration of the promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant agree as follows: 1_ Amendment to Article I. Article I of the Agreement entitled "TERM" shall be amended to add the following clause immediately following the existing language in such Article I, with all such existing language remaining unmodified and in full force and effect: "D. The City hereby grants the Lessee an option of one (1) five- year period, which shall be for a period beginning September 15, 2006 and finally terminating September 14, 2011." 2. Due Execution. The person(s) executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. 3. Full Force and Effect. The parties further agree that, except as specifically provided in this Amendment No. 1, the terms of the Agreement shall remain unchanged and in full force and effect. [SIGNATURES ON NEXT PAGE] i I 08/18/2006 10:05 7SO3279440 R J POND PAGE 02 IN WITNESS WHEREOF.the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRING a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR; Check one: S Individual Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, r President,or any Vice President:AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or I Chief Flnancl fficer. 1 BY- By: ignature(notariz Signature(notarized) Name: Pon Name: i Title: Title: i i Stateof California State of Countyof Riverside County of On before me,Kristine Johnson On before me, personally appeared Robert J. Pond personally appeared personally known to me(or proved to me on personally known to me(or proved to me on the basis of satisfactory evidence)to be the the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed person(s)whose name(e)Islare subscribed to the within Instrument and acknowledged to the within instrument and acknowledged to me that ha/she/they executed the same to me that he/she/they executed the same In his/her/their authorized capacity(les),and In his/her/their authorized capacity(les),and that by hla/her/thelr slgnatures(s)on the that by his/her/their signatures(s)on the Instrument the person(s), or entity upon instrument the person(s),or entity upon behalf of which the parson(s)acted, behalf of which the person(s)acted. executed the instrument executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Slgnatura: Notary Signature: Notary Seal: Notary Seal: ( 1 TIX !� XN o COMM. 01676912 0 Nwry Public•crlifmn� Riwraide Coup Y l7xnn.Ex et JW. 2010~