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HomeMy Public PortalAbout2001-10-03 First Amendment - Airport Lease Agreement - Air Combat USAFebruary 19, 2002 Air Combat USA PO Box 2726 Fullerton, CA 92837 Enclosed is a fully executed original of the First Amendment to the Airport Lease Agreement with Air Combat U.S.A. Et. AI. This agreement was approved by the Fullerton City Council at their meeting held on October 3, 2001. Audrey K. Culver, CMC City Clerk Enclosures By: Eva Bird Cc: Rod Propst, Airport Phyllis Garrova, City Treasurer FIRST AMENDMENT TO THE A/RPORT LEASE AGREEMENT WITH A/R COMBAT U.S,A. ET AL. This Amendment ("Amendment") to the Airport lease Agreement dated J~ 17, 2001 ("Lease Agreement"), is made and entered into this 3rd day of October 2001, by and between the City of Fullerton ("Lessor") and Air Combat U.S.A. et al. ('Tenant"). WHEREAS, prior to the execution of the original Lease Agreement the parties understood and agreed that Tenant's required payment under the lease would be . $3,322.00 a month. WHEREAS, a clerical error was made in the original Lease Agreement, whereby it states that the monthly lease payment is only $3,219.00 a month, instead of the agreed upon $3,322.00 a month. WHEREAS, since the execution of this Lease Agreement, Tenant has being making the monthly payments at the required $3,322.00 a month. WHEREAS, this Amendment to the Lease Agreement is being made to formally correct the abovementioned clerical error. NOW THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, and on behalf of themselves, their successors, assigns and representatives, Lessor and Tenant hereby agree as follows: A. The Lease Agreement is hereby amended as follows: 1. Section 6, paragraph A, is hereby deleted in its entirety, and the following is substituted in its place and stead: "Section 6. RENT, FEES, AND CHARGES A. Base Rent TENANT agrees to pay as base Rent for the Leased Premises, the sum of Three Thousand Three Hundred Twenty Two Dollars ($3,322) per month ("Base Rent"), payable monthly in advance on the first day of each month, and shall be delinquent if not received by Lessor by the tenth (10th) of each month. 2. In all other respects Section 6 shall remain the same. B. In all other respects the Parties hereby confirm and ratify the Lease Agreement as originally executed and as heretofore amended. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Lease Agreement the day and year first above written. LESSOR: TENANT: CITY OF FULLERTON AIR COMBAT USA, Inc. By: B DON BANKHEAD, Mayor ATTEST: ~. AU REY K. CULVER, City Clerk APPROVED AS TO FORM: By: RICI-~'ARD ~ JONES, City Attorney RECOMMENDED FOR APPROVAL: By: ~~.;~---~ ROD PROP T, Airport Manager By ~~)G_ F. PAUL DUDLEY, Director Development Services 2