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HomeMy WebLinkAboutFirst Amendment to AgreementFIRST AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. This First Amendment to the Lease ("Amendment") is made and entered into this 6th day of May, 2013, by and between the City of National City, a municipal corporation, hereinafter designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter designated as "Lessee," collectively referred to as the "Parties." RECITALS A. The Parties entered into the Lease By and Between the City of National City and the Boys & Girls Clubs of Greater San Diego, Inc. on August 16, 2011 ("Lease"). Pursuant to this Lease, Lessee is leasing from Lessor certain real property, including a building and other improvements, for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity thereof. B. Lessee has identified a prospective donor (to wit: L. Robert Payne) willing to contribute one -million dollars ($1,000,000) to the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc. In recognition of this contribution, Lessee seeks to rename the National City Branch the Bob Payne Family Branch, in honor of the donor, L. Robert Payne. C. The donor, L. Robert Payne, has long established ties to the City of National City. Mr. Payne was born and raised in National City, attended school in National City, and graduated from Sweetwater Union High School. Mr. Payne has achieved a high level of accomplishment in the business community and has been a significant contributor to philanthropic organizations. Mr. Payne specifically chose the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc. as the beneficiary of his donation. D. The Lease between the Parties requires at Paragraph Number 18 that any change to existing signage be approved by Lessor. Lessee expects to change the current signage to reflect the new name of the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc. to Boys & Girls Clubs Bob Payne Family Branch. The Lease does not currently address naming rights to the Leased Premises. E. The Parties seek to enter this First Amendment to the Lease to allow for the name change to the Leased Premises and to allow the exterior signage be changed to reflect the new name, to wit: Boys & Girls Clubs Bob Payne Family Branch. NOW, THEREFORE, the parties hereto agree to the following as the First Amendment to the Lease: 1. Naming of Premises. The naming of the Leased Premises is subject to approval by the City Council. The Parties agree that the Lessee may rename the Leased Premises the "Boys & Girls Clubs Bob Payne Family Branch" for the duration of the lease between 1 2013 First Amendment to Lease Between City of National City and Boys and Girls Clubs of Greater San Diego the Parties. Any further name change to the Leased Premises shall require approval by the City Council. The Parties further agree that this Amendment constitutes the Lessor's approval of the name change to the Leased Premises and to the exterior signage consistent with the rendering attached. as Exhibit A to this Amendment. Lessee shall remain obligated to obtain any and all regulatory approvals that may be required for the sign change (e.g. building and planning permits) and to comply with all laws related to signage. Nothing in this Amendment modifies, changes, or affects any Municipal Code or other law requirements related to signs or signage. 2. Each and every provision of the Lease entered into on August 16, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Lease to be executed by their duly authorized officers or representatives as of the day and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. (Corporation— sigFasuree 't1} o corporate officers) B y Sherlock resident and CEO Tee Ness Board Chairman 2 2013 First Amendment to Lease Between City of National City and Boys and Girls Clubs of Greater San Diego