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HomeMy WebLinkAbout2018 CON Transcendance Youth Arts Project - Temporary Use Agreement - Kimball Recreation Center - Amendment #1FIRST AMENDMENT TO THE TEMPORARY USE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND transcenDANCE Youth Arts Project THIS FIRST AMENDMENT TO THE TEMPORARY USE AGREEMENT is entered into this 15th day of November, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and transcenDANCE YOUTH ARTS PROJECT, a California non-profit corporation (the "APPLICANT"). RECITALS WHEREAS, the CITY and the APPLICANT entered into an Agreement on May 1, 2018 ("the Agreement") wherein the APPLICANT provides youth programs for National City high school and middle school students. WHEREAS, the APPLICANT desires to use the premises commonly known as the Kimball Recreation Center (the "FACILITY"), located at 200 East 12th Street, National City, CA 91950. WHEREAS, the FACILITY is designed to hold recreational programs. WHEREAS, the CITY recently approved a Maintenance and Operating Agreement for A Reason to Survive, Inc. ("ARTS") to hold community -oriented programming in the CITY'S Arts Center building. WHEREAS, the CITY intends that APPLICANT's use of the FACILITY will eventually be governed by ARTS' Maintenance and Operating Agreement with the CITY. WHEREAS, the CITY intends that this FIRST AMENDMENT serve as a temporary means to describe the CITY and APPLICANT's rights and obligations regarding the FACILITY until APPLICANT and ARTS reach a separate agreement over APPLICANT's use of the FACILITY. WHEREAS, the APPLICANT seeks permission to use the FACILITY in the interim so the APPLICANT can hold dance programs and provide student services, such as mental health counseling and leadership development. WHEREAS, the parties desire to amend the Agreement, pursuant to Section 1 of the Agreement, to extend the term for one (1) year. AGREEMENT NOW, THEREFORE, the parties hereto agree: 1. Pursuant to Section 1 of the Agreement (entered into on May 1, 2018 and effective January 1, 2018), the Agreement shall be amended to extend the term for one (1) year, becoming effective on January 1, 2019. The amended duration of this Agreement is for the period of January 1, 2019 through December 31, 2019. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 1, 2018, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Rbberto. Contreras Deputy City Attorney transcenDANC'E Youth Arts Project, a California non-profit corporation (Corporation — signatures of two corporate officers required By: (Name) Q h e n e Lzr ✓ c/ rint) eXee- (-C fl \//)"1-1StIC N re ctflr (Title) ame) ladur rL_ Hck ' s (/) (Print) gionc.12.4 ()raj-) S MCi (Title) 1 First Amendment Temporary Use Agreement 2 City of National City and November 2018 transcenDANCE CONTRACT TRANSMITTAL FORM (Attach as cover sheet to Documents dropped off to City Clerk's Office) Date: January 30, 2020 From (Dept.): Community Services Submitted by (First & Last Name): Karina Lopez Vendor: transcenDANCE Resolution: YES / NO Resolution No. (if applicable): 3 4 Originals Provided to City Clerk (circle quantity) 1 1 Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original