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HomeMy WebLinkAboutA Reason to Survive - Operate and Maintain ARTS Center - Amendment No. 2 - 2024 Docusign Envelope ID:A2DF68D9-52F4-4543-9A0E-BA2098BEF4D5 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND A REASON TO SURVIVE THIS SECOND AMENDMENT TO THE AGREEMENT is entered into on this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and A REASON TO SURVIVE ("ARTS"), a California non-profit corporation. RECITALS WHEREAS,the CITY owns the improved real property located at 200 East 12th Street, National City, California. This real property is commonly known as the Arts Center Building ("ARTS CENTER"); and WHEREAS, the CITY and ARTS (collectively referred to as the "parties")entered into an Agreement on December 7, 2021 ("Agreement"), wherein the CITY granted ARTS a revocable license to enter and operate the ARTS CENTER, and ARTS agreed to operate and maintain the ARTS CENTER for the benefit of residents and visitors; and WHEREAS, originally Article 2, Term, of the Agreement established the term of the Agreement as January 1, 2022 through December 31, 2022; and WHEREAS, Article 2, Term, of the Agreement establishes the agreement may be extended by mutual agreement for an additional two (2) year term, and the parties may exercise up to three two-year extensions; and WHEREAS, the First Amendment to the Agreement extended the term of the Agreement to December 31, 2024 and added Article 1.1.2, Use of Basement; and WHEREAS, the parties desire to amend the Agreement by exercising the second (2nd) of the three (3) two-year extensions to extend the term of the Agreement to December 31, 2026. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. Term. Pursuant to Article 2 of the Agreement, the CITY and ARTS hereby agree to amend the Agreement by exercising this second (2nd)of the three (3) two-year extensions to extend the term of the Agreement to December 31, 2026. 2. The parties further agree that, with the foregoing exceptions each and every other term and provision of the December 7, 2021 Agreement and the First Amendment to the Agreement shall remain in full force and effect IN WITNESS WHEREOF. the parties here to have executed this Second Page 1 of 2 Docusign Envelope ID:A2DF68D9-52F4-4543-9A0E-BA2098BEF4D5 Amendment to the Agreement on the date and year first above written CITY OF NATIONAL CITY A REASON TO SURVIVE (ARTS) d/*4, (Corporation - signatures of two corporate officers required) (Partnership or Sole proprietorship - one By signature) Ron Morrison, Mayor go Signed by: t0By 97 69814F0... APPROVED AS TO FORM: Lucy Eagleson, ARTS Executive Director By . ge.4 Barry J. Whultz City Attorney By (Print) (Title Print) Page 2 of 2