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Home My Public Portal AboutAgreement_2017-01-01_Temple City Unified School District_ 3rd Amendment Use of FacilitiesTC101180 MEND. #3 BOE 1/25/17 THIRD AMENDMENT TO AGREEMENT FOR USE OF FACILITIES WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT by and between the CITY OF TEMPLE CITY M TEMPLE CITY UNIFIED SCHOOL DISTRICT Dated January 1, 2017 TC101180 X1E1Q.#3 BOE 1/25/17 THIRD AMENDMENT TO AGREEMENT FOR USE OF FACILITIES WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT This Third and Final Amendment to Agreement for Use of Facilities with Temple City Unified School District ("Third Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and TEMPLE CITY UNIFIED SCHOOL DISTRICT, a governmental entity ("District"), as follows: RECITALS A. City and District entered in an Agreement for Use of Facilities with Temple City Unified School District on August 25, 2011 ("Agreement"). The Agreement provides that City and District facilities will be available for use for each other's programs that serve the community as specified therein. B. Section VIII of the Agreement provides that the Agreement will terminate on June 30, 2016. C. City and District approved the First Amendment to Agreement for Use of Facilities on May 17, 2016 amending Section VIII to provide that the term of the Agreement was extended to August 19, 2016. D. City and District approved the Second Amendment to Agreement for Use of Facilities on July 27, 2016 amending Section Vlll to provide that the term of the Agreement was extended to December 31, 2016. E. On December 7, 2016, Temple City Unified School District adopted a new fee schedule. This Third and Final Amendment further amends Section Vlll to provide that the term of the Agreement will be extended to March 31, 2017. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows: AMENDMENT. Section VIII of the Agreement is hereby amended to read as follows: COMMENCEMENT AND TERMINATION This Agreement and the services hereunder shall commence on January I, 2017 and shall thereafter continue to and include the 31 ' day of March, 2017. Notwithstanding any other provisions of this Agreement to the contrary, this Agreement may be terminated at any time by either party hereto by a thirty (30) day notice in writing. -2- 1. GENERAL PROVISIONS. 1.1 Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties. 1.2 Integration. This Third 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 Third Amendment. 1.3 Effective Date. This Third Amendment shall not become effective until the date it has been fully executed by the appropriate authorities of the City and District as set forth below. 1.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment. 1.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST: �Vm Peggy Kuo, City Clerk CITY: THE CITY OF TEMPLE CITY By: Bryan Coo , City Manager -3- APPROVED AS TO FORM Eric S. V ity tCttorney% Lo lft m TEMPLE CITY UNIFIED SCHOOL DISTRICT By: Be: Name: Marianne Sarrail Title: Chief Business Official Name: Title: NOTE: 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 D'S BUSINESS ENTITY. -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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. State of California Countyof I County —Los Angeles On I�uARy I 2-0, before me, J1Lug4j "M62, P(XAR�/ POCLJ (Insert Name of Notary Public and Title) personally appeared Miae�( f�ur>Fpr1_ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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), or the JILLIAN NUNEZ entity upon behalf of which the person(s) acted Notary Public - CUkania Y p p O Los Angeles County executed the instrument. Commission M 2147761 My Comm. Exalt@$ Mar 28.2020 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha I seal. Signature Place Notary Seal Above (Sig oture of Notary Public/ — OPTIONAL Though the information is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document.TNiRD ( m"t4eir • Abipevm F�r 1ORWE- U 7c rPLF Pcr Document Date: JALIVPW¢ ( ( i 2D11 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s)• ❑ Partner ❑ Limited ❑ General 169w WiYWYIi bo ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner ❑ Limited ❑ General ovemaniam ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: wa `ow1r F.n sdAt W 5050 OnWA • Sly::= s