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HomeMy WebLinkAbout2022 CON Amendment - A Reason to Survive-Operate and Maintain 200 EAst 12th StreetAMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND A REASON TO SURVIVE THIS FIRST AMENDMENT DII ENT TO THE AGREEMENT T is entered into on this 1st day of November, 2022, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and A REASON TO SURVIVE ("ARTS"), , 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 parties desire to amend the Agreement by exercising the first Ist) of the three 3 two-year extensions to extend the term of the Agreement to December 3,22, AGREEMENT NOW, THEREFORE, the parties hereto agree that: I. Term. Pursuant to Article 2 of the Agreement, the CITY and ARTS hereby agree to amend the Agreement by exercising this first (1st) of the three 3 two-year extensions to extend the term of the Agreement to December 31, 2024. 2. Use of Basement. The CITY and ARTS hereby agree to amend Article 1.1, License for Use of Property, by adding Article 1.1.2, Use of Basement, to read as follows: The CITY shall maintain access to the basement of the ARTS CENTER. The CITY reserves the right to utilize the basement for storage, as necessary. Amended Agreement Page 1 of Revised July 2022 A Reason to Survive City ofNational City and . The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 7, 2021 Agreement 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: Niotouyx , Mayor APPROVED AS TO FORM: By: gacilx- Stati1,4 Barry J. c�ltz Interim City Attorney Amended Agreement Page 2 of A REASON TO SURVIVE (ARTS) (Corporation —signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: By: z (Name c,J141-7ES (Pr/n t,) (Title) ame) LC--Qi\cork- (Print) 01\o'or � Q oJe-tk,. ('E OW'S (Title) City of National nal City and Revised July 2022 A Reason to Survive