This First Amendment to Lease/Concession Agreement for Lease No. 5321 ("Amendment"), dated for reference purposes only as of March 23, 2010, is by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California ("County" or "Landlord"), and JATO AVIATION, LLC, a California Limited Liability Company (“JATO” or "Tenant").
A. As authorized by San Mateo County Resolution No. 68821, County and Tenant entered into a Lease/Concession Agreement dated for reference purposes as of June 1, 2007 (the “Agreement”) for use of San Carlos Airport Administration Building, Suite #8, San Carlos, California, consisting of approximately 470 square feet of office space (the "Premises") for the purpose of aviation related activities.
B. On July 31, 2009, Hertz terminated its Lease of Suite #7, which is adjacent to the Premises. The County solicited proposals for use of the space, and Tenant submitted a proposal to expand its Premises to include the space. After reviewing all proposals, the County selected Tenant as the most compatible candidate for the space.
C. The County and Tenant desire to amend the Agreement to increase the size of the Premises, increase the rent due under the Agreement, increase the Utility Charge due under the Agreement, set forth an improvement allowance to be provided by the County, and update portions of the Agreement, otherwise under the terms and conditions set forth in the Agreement.
For good and valuable consideration as hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Premises. Any references to the Premises in the Agreement notwithstanding, effective April 1, 2010, the Premises shall be Suites #7 and #8, consisting of approximately 710 square feet of office space as shown on the attached Exhibit A-1 (“Amended Premises”).
2. Monthly Rental. Any references to the Base Rent in the Agreement notwithstanding, effective April 1, 2010, the Base Rent shall be $1,661.90 per month, subject to adjustment as set forth in Section 8 (Rental Adjustments) of the Lease, as amended herein.
3. Concession. The final paragraph of Section 6B (Concession Fee) of the Agreement is hereby deleted in its entirety.
4. Utility Charge. Any references to the Utility Charge in the Agreement notwithstanding, effective April 1, 2010, the monthly Utility Charge shall be $470.00 per month, subject to adjustment as set forth in Section 6C (Utility Charge).
5. Rental Adjustments. Section 8 (Rental Adjustments) of the Agreement is hereby deleted in its entirety and restated as follows:
“Beginning on July 1, 2008, and on the 1st day of July of each year of the term of this Lease, including and extended term or holdover period as set forth herein, the Base Rent as set forth in Section 6 (Base Rent) for the following twelve month period shall be adjusted to equal 103% of the Base Rent for the lease year preceding such Adjustment Date.”
1. Leasehold Improvements. Within 90 days of the Effective Date of this Amendment, Tenant shall install new carpet within Suite #7, of quality, style and color first approved in writing by the Airport Manager on behalf of the County. Upon completion of the installation of the carpet, Tenant shall submit to County proof of payment to the contractor for the carpet installation, in a form reasonably acceptable to the County. Upon approval of said costs, County shall provide written authorization to deduct the cost of such installation, in an amount not to exceed $1,600.00, from the Base Rent due herein.
2. Effective Date; Approval. This First Amendment to Lease/Concession Agreement shall become effective (the “Effective Date”) when this First Amendment is duly executed by the County and delivered to Tenant.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AMENDMENT, TENANT ACKNOWLEDGES AND AGREES THAT NO OFFICER OR EMPLOYEE OF COUNTY HAS AUTHORITY TO COMMIT COUNTY HERETO UNLESS AND UNTIL THE COUNTY BOARD OF SUPERVISORS HAS ADOPTED A RESOLUTION AUTHORIZING THE EXECUTION OF THIS FIRST AMENDMENT TO THE LEASE/CONCESSION AGREEMENT. THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF COUNTY HEREUNDER ARE CONTINGENT UPON ADOPTION OF SUCH A RESOLUTION, AND THIS AMENDMENT SHALL BE NULL AND VOID UNLESS THE BOARD OF SUPERVISORS ADOPTS A RESOLUTION AUTHORIZING THE EXECUTION OF THIS FIRST AMENDMENT. APPROVAL OF THIS AMENDMENT BY ANY DEPARTMENT, COMMISSION OR AGENCY OF COUNTY SHALL NOT BE DEEMED TO IMPLY THAT SUCH RESOLUTION WILL BE ADOPTED, NOR WILL ANY SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON COUNTY.
3. No Further Amendments; Conflicts. All the terms and conditions of the Agreement as Amended by the First Amendment to Lease/Concession Agreement shall remain in full force and effect except as expressly amended herein, and together with this First Amendment to Lease/Concession Agreement constitutes the entire agreement between County and Tenant and may not be modified except by an instrument in writing duly executed by the parties hereto.
County and Tenant have executed this First Amendment to Lease/Concession as of the date first written above.
EXHIBIT A-1
AMENDED SITE PLAN