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Home My Public Portal About04) 7C Approval of Third Amedment to the Agreement with Temple City Unified School DistrictDATE: TO: FROM: MANAGEMENT SERVICES DEPARTMENT MEMORANDUM January 17 , 2017 The Honorable City Council Bryan Cook, City Manager AGENDA ITEM 7.C. SUBJECT: APPROVAL OF THIRD AMENDMENT TO THE AGREEMENT FOR USE OF FACILITIES WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT RECOMMENDATION: The City Council is requested to approve the Third Amendment to the Agreement for Use of Facilities with Temple City Unifie d School District for general facility use , extending the term of the agreement to March 31, 2017 . BACKGROUND: 1. On May 17, 2016 , the City Council approved the F irst Amendment to the Agreement exte nding the term of th e Agreement to August 19, 2016. 2 . On June 30 , 2016, City staff provided a draft Second Amendment to the Agreement to the District for review extend ing the term of the current Agreement to December 31, 2016 . 3 . On December 7, 2016 , the Temple City Un ified School Board adopted a new fee schedule for the use of schoo l facilities . ANALYSIS: The current Agreement between the City and the District was due to expire on June 30 , 2016 . Two Amendments to the Agreement were approved by the City Council and Board to extend the agreement to December 31 , 2016. To continue to accommodate the City's recreation programs in various school campu ses over t he next few months, and the Distri ct's use of City facilities , the Agreement will be exte nded through March 31 ,2017 . The City Attorney's office has reviewed and approved the attached Third Amendment to the Agreement for Use of Faci lities with Temple City Unifi ed School Di strict (Attachment "A "). City Council August 2 , 2016 Page 2 of 2 CITY STRATEGIC GOALS: Approval of the Third Amendment to the Agreement for Use of Facilities with Temple City Unified School District furthers the City's Strategic Goals of Good Governance and Quality of Life . FISCAL IMPACT: Sufficient funds have been included in the Fiscal Year (FY) 2016-17 budget for this purpose . ATTACHMENT: A. Third Amendment to the Agreement for Use of Facilities with Temple City Unified School District ATTACHMENT A THIRD AMENDMENT TO AGREEMENT FOR USE OF FACILITIES WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT by and between the CITY OF TEMPLE CITY and TEMPLE CITY UNIFIED SCHOOL DISTRICT Dated January 1, 2017 THIRD AMENDMENT TO AGREEMENT FOR USE OF FACILITIES WITH TEMPLE CITY UN IFIED SCHOOL DISTRICT Th is T hird and F in a l A m endment to Agreement for Use of Faci liti es with Temple C ity Unifi e d Schoo l Di strict ("Third Amendment"), which i s dated for refere nce as indi cated on th e cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a Californ ia charter city ("City"), and TEMPLE C ITY UNIFIED SCHOOL DISTRICT, a governmenta l entity ("Di strict"), as follows: ItECITALS A. Cit y and District entered in an Agreement fo r Us e of Facilities with Temple City Unified School Di stri ct on A ugust 25, 20 II ("Agreem e nt "). The Agr eement provid es that City an d D istri ct fac iliti es will be avai la bl e for use for each o the r 's programs th at s e rve the community as spe cifi ed therein. B. Section VIII of th e Agreemen t provid es that the Agreement will terminate on June 30, 20 16. C. City and Di strict appr oved the First Amendment to Agreement for Use of Facilities on May 17, 2016 amending Sectio n VIII to pr ov id e that the term of the Agreement was extended to A ugu s t 19, 20 16. D. C ity an d Di strict app r oved the Second A m endment to Agreement fo r U se of Facilities on July 27, 2016 amending Sectio n VIII to provide th at the term o f the Agreement was extended to December 31, 2016. E . On Decembe r 7, 20 16, Temple C it y U n ified Schoo l District ado pted a n ew fee schedule. F. Because of the new fee schedul e, the parties acknowledge that this will be the last amendment of or extension to th e Agreement. T he parties agree to work together to develop a new facilities use agreement fo r approva l by both pa rti es prior to the expiratio n of this Third and Fin a l A mendment, so that no interrupti o n in services or programming will be caused by the expiration of thi s Thir d and Fi nal Amendment. G. Thi s Third a nd Final Amendment furth er amends Sect ion VIII to provide that the te rm of the Agr eem e nt wi ll be extend ed to March 31,20 17. OPERATIVE PROVISIONS NOW, THEREFORE, in consid eration of th e promises made and rec ited herein, th e parties do hereby enter into this Third Amendment which modifies and amend s the Agreement as fo llows: -2- follows: COMMENCEMENT AND TERMINATIO This Agr eem e nt and th e services he reund e r shall commence o n January 1, 2017 and shall thereafter co ntinue to and incl ud e the 31 51 day of March , 2017. otwithstandi n g a n y other provi s io ns of this Agreement to the contrary, th is Agreement may be terminated at a ny time by e ither party hereto by a thirty (30) day notice in wri tin g. 1. GENERAL PROVISIONS. 1.1 Remainde r U nchanged . Except as specifically modified and amend ed i n thi s Third Amendment, the Agreement remains in fu ll force and effect and binding upon the parties. 1.2 Integration . This Th ird Amendment consists of pages 1 through 3 inc lus ive, whic h co n stitute the entire und e rs tanding and agreement of the parties and s up ersedes all negotiati ons o r previous ag reements between the parties w ith respect to all or any part of the tran saction d iscussed in this Th ird Amendment. 1.3 Effective Date. T hi s Thi rd A me ndment sha ll not become effecti ve until the date it has been fully executed by the appropriate autho ri ties of the City and Distri ct as set forth below. 1.4 Applicable Law. The laws of the State of Califo rni a shall govern the interpretation and enfo rceme nt of this Third A m endment. 1.5 References. A ll refere n ces to the Agreeme nt include a ll their re s pectiv e te rm s and prov is ions. A ll d e fined term s uti li zed in this Thir d Amendment have th e sam e meaning as provided in the Agreement, unl ess express ly stat ed to the contrary in t his Thir d Amen dment. IN WITNESS WHEREOF, t he parties he reto ha ve execut ed this T hird Amendment to th e Agreement on the date and year first writt en above . C ITY: THE CITY OF TEMPLE C ITY By :=----=---=----::::-:---::-::--------Bryan Cook, City Manager -3 - ATTEST: Peggy Kuo, City Clerk APPROVED AS TO FORM Eric S . Vail, C ity Atto rn ey NOTE: DISTRICT: TEMPLE C ITY UNIFIED SCHOOL DISTRICT By: ------------------------ Name: -------------------- Title: -------------------- By : ------------------------ Name: -------------------- Title : -------------------- DISTRICT'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 DISTRICT'S BUSINESS ENTITY. -4 - A notary public or o ther offi cer completi ng thi s certificat e ver ifi es only the id ent ity of the ind ivi du al who s igned the doc ument to wh ich this certificate is attac hed, an d not the truthfulness , accurac , or vali di of th at document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On----------------~~2~0 ________________________________________ ___ before me , __ ~------------------------------------------~~~-=~~~~~~~· Date Name And T1U e Of Officer (e g ·Jane Doe, Notary Public") personally appea red -----------------:-:---:-:----:--:------------ Name of S•g ner(s) who proved to me on the bas is of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within i nstru ment and acknowledged to me t hat he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature(s) on the instrument the person(s ), o r th e entity upon behalf of wh ich the person (s) acted , e xecuted t he instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL T hough t h is section is optional , complet ing th is inform at ion can deter altern at ion of the docume nt or fraudulent re att achm en t of this form to an un intended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Na me: 0 Individu al 0 Co r porate Officer T itle (s) 0 Partne r (s ) 0 Atto rne y-! n-F act 0 Trustee(s) 0 Gu ard ia n/Conservator 0 Oth er: Signer is represent ing : Name Of Person(s ) Or Ent ity(ies) 0 Limited 0 General DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Docume nt S igner(s ) Other Than Named Above A not ary public or o ther officer completi ng this certificate ve ri fies on ly the identity of the in d ividual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or va lidi o f that document. ALL-P URPOSE ACKNO W LED GMENT NO TA RY FOR CALIF ORNIA STATE O F CALIFORN IA ) COUNTY OF LOS ANGELES ) On 20 before me , __ ~------------------------------------------~~~~~~~~~~~· Date Name And Ttlle Of Officer (e g ·Jane Doe, Not ary Public") personally appeared~~~~~~~~~~~~~~~~~~~~~~~~~~~ Name of Sogner(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withi n instrument and a cknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the ir signature (s ) on the in strument the person(s), or the entity upon behalf of wh ich the person(s ) acted , executed the i nstrument. I certify under PENALTY OF PERJURY under the laws of the Sta te of California that the foregoing paragraph is true and correct. W IT NESS my hand a nd officia l seal. Signature of Notary Public OPTIONAL Though this section is optional, complet in g th is information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES ) CLAIMED BY SIGNER(S ) Signer's Name : 0 Individua l 0 Corporate Officer Title(s) 0 Partner(s) 0 Attorney-In-Fact 0 Trustee (s ) 0 Guardian/Conservator 0 Other: Signer is representing : Name Of Person(s) Or Entity (i es ) 0 Limited 0 Genera l DESCRIPTION OF ATTACHED DOCU MENT T itle or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above