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Home My WebLink About7/9/2008 - STAFF REPORTS - 2.T. F pALM S.. ry u w CITY COUNCIL STAFF REPORT DATE: JULY 9, 2008 CONSENT CALENDAR SUBJECT: AMENDMENT 2 TO AGREEMENT 3192 TO ASSIGN LEASE TO THE ROBERT J. POND LIVING TRUST FROM: David H. Ready, City Manager BY: Aviation Department SUMMARY Northern Trust, NA has been appointed the executor of the estate of Robert J. Pond and requests the assignment of Lease 3192 to the Robert J. Pond Living Trust. RECOMMENDATION: 1. Approve Amendment 2 to Agreement 3192 to assign the Pond Hangar Lease to the Robert J. Pond Living Trust in its entirety. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: Northern Trust, NA as executor for the estate of Robert J. Pond requests that the Pond Hangar lease at Palm Springs International Airport be assigned to the Robert J. Pond Living Trust. The lease will expire on September 14, 2011 with no options remaining. FISCAL IMPACT: This action has no fiscal impact. Thomas Nolan, A.A.E., Executive Director, Airport David H. Ready, Ci a ager `- Item No. 2 . T . City Council Staff Report July 16, 2008— Page 2 Pond A2 to A3192 Attachment: Amendment 2 to Lease 3192 22 Q'QE� AMENDMENT NO. 2 TO LEASE WITH ROBERT J. POND This AMENDMENT NO. 2 to LEASE NO. 3192 WITH ROBERT J. POND ("Amendment No. 2) is made and entered into this day of %74-�j� 2008, by and between the CITY OF PALM SPRINGS, a California municipal corporation ("City") and ROBERT J. POND ("Assignor'") and the ROBERT J. POND LIVING TRUST ("Assignee"). RECITALS WHEREAS, the Lease was entered into on February 18, 1993 by and between the City and Robert J. Pond for the lease of certain real property located in the County of Riverside and specifically detailed in Exhibit "A"to the Lease; and WHEREAS, Amendment No. 1 to the Lease was executed on October 11, 2006 to allow for a five (5) year extension to the term of the Lease; and WHEREAS, Robert J. Pond died on December 14, 2007 and Northern Trust, NA ("Executor") has been appointed by operation of the Will of Robert J. Pond as executor of the estate of Robert J. Pond; and WHEREAS, the City has agreed to authorize said assignment. 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, the parties agree as follows: 1. Lease No. 3192 between the City and Robert J. Pond is hereby assigned to the Robert J. Pond Living Trust in its entirety. 2. Pursuant to Section 9 of the Lease, the Robert J. Pond Living Trust agrees to assume all rights, privileges, obligations and duties of Robert J. Pond under the Lease. 3. The person(s) executing this Amendment No. 2 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. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. 580926.1 �yr 9 4. The parties further agree that, except as specifically provided in this Amendment No. 2, the terms of the Lease shall remain unchanged and in full force and effect. [SIGNATURES ON NEXT PAGE] 580928 1 �y m N 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 FORAy� By: � ity Attorney CONTRACTOR: Check one., Individual _,Partnership Corporation Trust Pond Assignment requires two signatures: Robert J. Pond—Northern Tru'pt,NA Representative as executor of the estate Robe Pond Living rus North ust,NA Representative as trustee tr sp t By:_ n ture(notaarhized)/ Signature(notarized) Name: YG� /z' G!//k /�q Name: Title: l//c- �i�Y dy-yam .J Title: / w............. ...w . .«.r.«......w...,w.w... ..__...,.....,r....... .._.. �.roar.r.w•....a«.........w........,k State of( �+ d71�A"-_ State of (/_+j--�il-'AL Z6L Co;' 14;)11 County of,��,.Q� On d before me ,�/le, On personally app red.�'7 <P e 2 Z ZI G(l�ij�q�� personally appeared A4� � Who proved to moon the basis ob e,satisfactory who proved to m on basis f satisfactory tdence to be-the personWwhose namay evidence to be theperson(�f whose name(s}� 1 are subscrbed to the witI ument 11 I LWare subscribed to th within instrument acknowledged'to me that hey and acknowledged toh he hdtthey executed the same in his authorized executed thesame f hi Mr/their authorized capacity(1 and that by heir capacttyliE that y hislhantheir p signature on the instrumperson(s� signatures on the instrument the person(o or the entity upon behalf of which the persori(d or the entity upon behalf of which the person(s)� acted,executed the instri-ment. acted,executed the instrument. I certify under PENALTY OF PERJURY I certify under PENALTY OF PERJURY under the laws of the State of Caiifomla that under the laws of the State of California that the foregoing paragraph is true and correct, the foregoing paragraph is we and correct WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature 16A _ Notary Signature: Notary Seal: Notary Seal: -- - - - - - - - - - - - t7 Nfa LL ONNA PELLEVIt4 CommhMn• 1791947 Cornrtmptlotl 4t 17111947 Notary tubw-Cn11tONlb # N GIG Pubile-CClflorrdo orcmb Counter OAe21.m11 oFarige m county 1>�11 07004 530923.1 oa��a�