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HomeMy WebLinkAboutR11813 - Family YMCA of the DesertCONTRACT NO. R11813 SECOND AMENDMENT TO LEASE This SECOND AMENDMENT TO LEASE ("Amendment") is made this 11th day of January, 2007, by and between the CITY OF PALM DESERT, a California municipal corporation ("Landlord"), as successor -in -interest to the PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic ("PDRA") and THE FAMILY YMCA OF THE DESERT, a California nonprofit corporation ("Tenant"). RECITALS A. PDRA and Tenant entered into that certain Lease dated December 13, 2001, as amended (the "Lease"), whereby Tenant has leased that certain property more particularly shown on Exhibit "A" to the Lease. B. Landlord has succeeded to the interest of PDRA by assignment of the Lease, and Landlord and Tenant wish to amend the Lease to modify the terms of the Lease in accordance with the provisions of this Amendment. NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant amend the Lease as follows: AMENDMENT 1. Section 1.4 of the Lease is hereby deleted in its entirety and replaced with the following: "The "Term" of the Lease shall commence on the date that this Amendment has been executed (the "Term Commencement Date") and shall end five (5) years thereafter." 2. In the event of a conflict between the terms of the Lease and the terms of this Amendment, the terms of this Amendment shall be controlling. Any other terms, covenants and conditions of the Lease remain in full force and effect. In addition, except as otherwise stated in this Amendment, all initially capitalized terms will have the same respective defined meaning stated in the Lease. 3. This Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 4. All other terms and conditions of the Lease shall remain in full force and affect. P6402-0001 \942484v 1.doc CONTRACT NO. R11813 IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to Lease to be executed by each party's duly authorized representative effective as of the date first above written. LANDLORD: CITY OF PALM DESERT, a California municipal corporation By: Name: Richard S. Kelly Title: Mavor ATTEST: Rachelle D. Klassen, Secretary TENANT: THE FAMILY YMCA OF THE DESERT, a California nonprofit corporation By: Name: Its: 2 P6402-000 I \942484v Ldoc