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HomeMy Public PortalAboutAgreement_2011-06-07_Temple City Unified School District_ Funding for Gymnasium at Oak AveTC101180 AMEND. #2 BOE 7/27/16 SECOND AMENDMENT TO AGREEMENT FOR USE OF FACILITIES WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT This Second Amendment to Agreement for Use of Facilities with Temple City Unified School District ("Second 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: 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. This Second Amendment further amends Section VIII to provide that the term of the Agreement will be extended to December 31, 2016. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second 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 July 1, 2011 and shall thereafter continue to and including the 3151 day of December, 2016 and at the option of either agency be renewed for successive periods of time as agreed upon by and between CITY and DISTRICT. 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. 'll5QI Xt XV4 Vj t 01VAYC17i;&I 1.1 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, all other terms and conditions of the Agreement remain in full force and effect and binding upon the parties. 1.2 Integration. This Second 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 terms of this Second Amendment. 1.3 Effective Date. This Second 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 Second Amendment. 1.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year set forth below next to their respective signatures. Dated: August 3 '2016 ATTEST: �' , ` AAS Peggy o,i Clerk APPROVED AS TO FO Eric S. Vail, City Attorney THE CITY OF TEMPLE CITY: By: ` /zl Bryan Cook, City Manager TEMPLE CITY UNIFIED SCHOOL DISTRICT: Dated: July , 2016 By: Marianne Sarrail, Chief Business Official