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HomeMy WebLinkAbout9/12/2001 - STAFF REPORTS (5) DATE: September 5, 2001 TO: City Council FROM: Deputy Director of Aviation-Administration via Interim Director of Aviation AMENDMENT NO. 1 TO LEASE AGREEMENT A3776 RECOMMENDATION: It is recommended that the City Council approve Amendment No.1 to lease Agreement No. 3776 between the City of Palm Springs, and Texas O.A.P for office space at the Airport Terminal Building identified as Suite B-229 for a period of three (3) years. SUMMARY: Texas O.A.P has exercised its third and final option for its current lease which will expire on September 3, 2001, and are subsequently requesting an amendment to their existing lease Agreement No. 3776. BACKGROUND: The City granted Texas O.A.P office space in the Airport terminal building to be used exclusively for the operation of its corporate business. The current annual rent of$4,487.38 or$373.95 per month will continue as stated in section 1.4 of Agreement No. 3776. All other agreement components remain in full force and effect. The attached Exhibit"A" indicates the office space to be occupied as Suite B-229. APPROVED RICHARD STRICKLAND Deputy Director of Aviation-Administration Inte; -D r or of Aviation APPROV c � City Manager Attachments: 1. Minute Order 2. Amendment No. 1 3A AMENDMENT NO. 1 TO LEASE NO. 3776 This AMENDMENT NO. 1 TO LEASE NO. 3776("Amendment")is made and entered into this 5th day of September, 2001, by and between the CITY OF PALM SPRINGS, a California municipal corporation("Landlord") and Texas O*A*P("Tenant"). RECITALS WHEREAS, on March 14, 1997, Landlord and Tenant entered into that certain Lease Agreement No. 3776 ("Lease"), for Tenant's lease of that certain real property for office uses and located in the Palm Springs International Airport ("Airport"), as more specifically described at Exhibit"A"to the Lease ("Demised Premises"); WHEREAS,the term of the Lease,which was extended for a total of three (3)years under the three (3) one-year options under the Lease, ended on September 3, 2001; and WHEREAS, Landlord and Tenant desire to extend the term of the Lease for an additional three (3)years pursuant to this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. Section 1.2 in the Lease shall be amended in its entirety to read as follows, with all other provisions of section 1.2 remaining unchanged and in full force and effect.: "L2 Lease Commencement Date. The term of this Lease shall commence on September 20, 1996, and shall terminate on September 3, 2004." 2. Section 1.3 of the Lease entitled"Extension Options"shall be deleted in its entirety and shall be of no further force and effect. 5. Due Execution. The person(s) executing this Amendment 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 on behalf of said party,(iii)by so executing this Amendment,such parry is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. 13. Full Force and Effect. The parties further agree that, except as specifically provided in IRV 414123 v1 -1- this Amendment,the terms of the Lease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 5th day of September, 2001. "Landlord" ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND APPROVED: City Attorney "Tenant" Texas O@A*P Name: Title: Name: Title: IRV 414123 A -2- 3A3 tXHIt511 A" FLOOR PLAN OF DEMISED PREMISES WOMEN MECHANICAL KOO M ❑ MEN MECH, SUITE D229 3� Y MINUTE ORDER NO. APPROVING AMENDMENT NO. 1 TO LEASE AGREEMENT NO. 3776 BETWEEN THE CITY OF PALM SPRINGS AND TEXAS O.A.P FOR OFFICE SPACE AT THE AIRPORT TERMINAL BUILDING IDENTIFIED AS SUITE B-229 FOR A PERIOD OF THREE (3) YEARS FOR AN ANNUAL RENT OF $4,487.38 OR $373.95 PER MONTH. I HEREBY CERTIFY that this Minute Order approving Amendment No. 1 to lease Agreement No. 3776 between the City of Palm Springs and Texas O.A.P for office space at the Airport terminal building identified as suite B- 229 for a period of three (3) years for an annual rent of $4,487.38 or $373.95 per month, was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 5" of September 2001. PATRICIA A. SANDERS City Clerk 305