HomeMy WebLinkAboutContract 1919-1 FIRST AMENDMENT TO AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, AND DIAZ ENTERPRISES
This First Amendment to Services Agreement ("First Amendment") is entered into
as of June 1, 2022, by and between the City of Cathedral City, a Charter City ("City"), and
Diaz Enterprises, a California sole proprietorship ("Service Provider"). The City and
Service Provider are collectively referred to as the "Parties".
RECITALS
A. City and Service Provider previously entered into that Agreement for Services
Agreement dated June 10, 2021 related to the Tejano Music Fest
("Agreement").
B. The Tejano Music Fest was originally scheduled for March 5, 2022 but was
canceled due to extremely high winds which constituted a force majeure
event under the Agreement.
C. Service Provider incurred costs and received compensation under the
Agreement in advance of the canceled Tejano Music Fest.
D. The rescheduled event date is now October 29, 2022 and the Parties now
desire to amend the Agreement to extend the Term of the Agreement and
modify Compensation to provide for the holding of the event on the new date.
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. AGREEMENT TO AMEND THE TERM. Section 1 of the Agreement is hereby
amended and restated as follows:
"Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement,
the Term of the Agreement shall extend through December 31, 2022."
2. EXHIBIT "B" COMPENSATION. The total "fee" payable to Service Provider in
Section B of Exhibit "B" of the Agreement is hereby increased to Fifteen Thousand
Dollars ($15,000). Service Provider agrees that it has already received $7,500 of the
total amount and that the schedule for payment of the remaining $7,500 shall be
mutually agreed upon by the Parties notwithstanding the payment distribution dates
stated in Section B of Exhibit "B" of the Agreement.
1
RIV#4887-4895-7475 v1
3. GENERAL PROVISIONS.
3.1 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.
3.2 Integration. This First Amendment constitutes 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.
3.3 Effective Date. This First Amendment shall not become effective until the
date it has been executed by the appropriate authorities of the Parties.
3.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
3.5 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.
CITY OF CATHEDRAL CITY
)./t,
Charlie McClendon
City Manager
ATTEST:
_tel. j .4 :.
Tracey R -ermosillo, CMC
City Clerk
APPROVED AST -FORM
Eric S. Vail
City Attorney
2
RIV#4887-4895-7475 v1
SERVICE PROVIDER:
4111
e:::). .--..
Date: /2 _ By: /
cinto Diaz, Owner.
3
RIV#4887-4895-7475 v1