HomeMy WebLinkAboutContract 1375-2 FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment to License Agreement ("First Amendment") is hereby entered into
on this 13th day of April, 2016 by and between the CITY OF CATHEDRAL CITY, a California
municipal corporation ("Grantor"), and KIMERA LEWIS, a sole proprietor operating The Dance
Program, ("Grantee"), as follows:
RECITALS
A. Grantor and Grantee entered into a License Agreement for Grantee's use of certain real
property owned Grantor on August 10, 2011 ("Agreement"). The real property that is the
subject of the Agreement is located at 68-707 and 68-727 East Palm Canyon Drive
("Premises") and is more particularly described in the Agreement.
B. Grantor now desires to use the Premises for other purposes and provide the Grantee with
assistance in relocating its operations to a new location.
C. This First Amendment amends the Agreement to provide a fixed termination date by
which the Grantee must vacate the Premises, and provides for relocation assistance that
the Grantor will provide to the Grantee.
D. This First Amendment is in the public's interest in that the Grantee offers dance
instruction to the public at reasonable costs in lieu of the Grantor offering such
instruction through City operated parks and recreation program.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,the
parties do hereby enter into this First Amendment which modifies and amends the Agreement as
follows:
1. TERM. Section 3 of the Agreement is amended to read as follows:
"3. Term. The term of this License shall commence on July 1, 2011 and shall expire
on July 31, 2016, unless sooner terminated as provided herein (the "Term"). Grantee
must cease all use of the Premises and remove all of its personal property from the
Premises on or before July 31, 2016."
2. REVENUE SHARING. Section 8 of the Agreement is amended to add the following
sentence to the end of the section:
"Notwithstanding the foregoing, Grantor waives its right to receive a share of the
revenues generated by Grantee in the months of March, April, May, June and July of 2016."
3. RELOCATION ASSISTANCE. A new Section 22 is added to the Agreement to read
as follows:
"22. Relocation Assistance. Upon full execution of the First Amendment to this
License, Grantor shall provide Grantee with five thousand dollars ($5,000.00) to assist Grantee
with the costs of relocating its dance programs to a new facility. Thereafter, Grantor shall
provide up to nineteen thousand two hundred dollars ($19,200.00) to Grantee during fiscal year
2016/17 to further assist the Grantee with the increased operational costs it will incur by
relocating to a new facility. The nineteen thousand two hundred dollars ($19,200.00) will be
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paid to Grantee in three (3) installments of five thousand dollars ($6,400.00) on or after October
1, 2016, January 1, 2017 and April 1, 2017. Grantee will only be entitled to a distribution of
funds from Grantor if Grantee is open for business at a facility located in Cathedral City."
4. WAIVER. A new Section 23 is added to the agreement to read as follows:
"23. Waiver.
a. Grantee agrees that the financial assistance provided by Grantor in Section
22 and in the fmal sentence of Section 8 is adequate to compensate Grantee for its relocation
costs. Grantee hereby waives any rights it may have to seek additional compensation from
Grantor under the California Relocation Assistance Law(Government Code section 7260 et seq.)
or any other state or federal laws or regulations, and releases the Grantor from any obligation
under said laws to provide relocation assistance in excess of the amounts provided in Sections 22
and 8 of this License.
b. Waiver by any Party to this License of any term, condition, or covenant of
this License shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any Party of any breach of the provisions of this License shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
License."
5. GENERAL PROVISIONS.
(a) Remainder Unchanged. Except as specifically modified and amended in
this First Amendment,the Agreement remains in full force and effect and binding upon the
parties.
(b) Integration. This First Amendment consists of pages 1 through 3
inclusive,which constitute the entire understanding and agreement of the parties and supersedes
all negotiations or previous agreements between the parties with respect to all or any part of the
transaction discussed in this First Amendment.
(c) Effective Date. This First Amendment shall not become effective until
the date it has been formally approved by the City Council and executed by the appropriate
authorities of the Grantor and Grantee.
(d) Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
(e) References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this First Amendment have the same meaning
as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
the Agreement on the date and year first written above.
[SIGNATURES ON THE FOLLOWING PAGE]
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GRANTOR:
THE CITY OF CATHEDRAL CITY
By:WA. . '
Charles P. McClendon, City Manager
ATTEST:
-Gary F.! owe , City-177T-
APPROVED AS TO F
Eric S. Vail, City Attorney
GRANTEE:
KIMERA LEWIS
NOTE: GRANTEE'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO GRANTEE'S
BUSINESS TYPE
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On 19-ph C- , 2016
before me, 1 tinic(� •�LCi IA;Iry 2;IVli t vu1 Pig k7 I IG
Date Name And Title Of Officer(e.g."Jane Doe,Notary Public")
personally appeared \L Y"" lerot h n,e. t PL,(JI
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(syYwhose name($ is/aye subscribed to the
within instrument and acknowledged to me that Veisheit,Key
executed the same in hi%/her/their authorized capacity(i ,
and that by hii/her/tleir signature(g) on the instrument the
TRACEY R.tylARTINE2 person(,a'), or the entity upon behalf of which the person(,sf
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Commission#2104537 acted, executed the instrument.
Notary Public-California
I certify under PENALTY OF PERJURY under the laws of
Riverside County , " fy
4 My Comm.Ex Tres A 21,2019 the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of No Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name: ((Ve vo) L- n v S
Individual
p I Corporate Officer
D IUM / re +01
Title(s) Title or Type of Docu rent
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney-In-Fact Numb- Of Pages
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Date Of Document
Signer is representing:
Name Of Person(s)Or Entity(ies)
3e 1-F xx Dc,Inc VY)
Signer(s)Other Than Named Above