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HomeMy WebLinkAboutFresno County Economic Opportunities Commission - 1st Amdt for Lead Agency Operation of Sunset Community Center at 1345 W. Eden FIRST AMENDMENT TO AGREEMENT REGARDING LEAD AGENCY OPERATION OF COMMUNITY CENTER This FIRST AMENDMENT TO AGREEMENT (Amendment) between the CITY OF FRESNO, CALIFORNIA, a municipal corporation (City) and FRESNO ECONOMIC OPPORTUNITIES COMMISSION, a California nonprofit corporation (Fresno EOC), is effective as of }lt= 1�5 , 2019. The City and Fresno EOC are collectively referred to as the "Parties" in this Amendment. RECITALS WHEREAS, City and Fresno EOC entered into an Agreement for Lead Agency Operation of Community Center regarding the property located at 1345 W. Eden and commonly known as the Sunset Community Center (the Agreement); and WHEREAS, City and Fresno EOC extended the Agreement for a two-year period commencing August 1, 2018, and expiring no later than July 31, 2020; and WHEREAS, the City was awarded the Transformative Climate Communities (TCC) implementation grant designating $98,000 in funding to create the Inside Out Community Garden located at the Sunset Community Center; and WHEREAS, the City and Fresno EOC have entered into a separate TCC Subrecipient Agreement for the scope of work and other requirements for the Inside Out Community Garden which will be separately administered from the Agreement; and WHEREAS, the City and Fresno EOC desire to extend and modify the Agreement as set forth below: NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual covenants herein contained, and such other and further consideration as is hereby acknowledged, the parties agree that the aforesaid Agreement be amended as follows: AMENDMENTS 1. Section 1 (Term of Agreement) of the Agreement is deleted and replaced as follows: This Agreement shall be for a term commencing on August 1, 2015, and expiring no later than April 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement. CITY may extend this Agreement by granting up to two, one-year extensions to USER. This Agreement may be terminated by the CITY or USER at any time and upon ninety days prior written notice to the other party, as further provided herein. Regardless of the date of execution of this Agreement, the effective date shall be August 1, 2015. 2. Section 5(D)(7) is added as follows: In addition to the activities above, USER shall implement the inside Out Community Garden at the Sunset Community Center as a project in conformity with the Transformative Climate Communities (TCC) Grant as reflected in the TCC Subrecipient Agreement separately executed between the City and Fresno EOC. 1 3. Whenever the Agreement is referred to, it shall mean the Agreement as modified by this Amendment. Except as otherwise provided herein, the Agreement entered into between City and Fresno EOC regarding the lead agency operation of the Sunset Community Center effective as of August 1, 2015, remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this Third Amendment in Fresno, California, the day and year first above written. CITY OF F S FRESNO ECONOMIC OPPORTUNITIES A C r icip core ati n COMMISSION, INC. By: a California nprofit corporation uan-5chect By: . City Manager Name: Brian Angus APPROVED AS TO FORM: DOUGLAS T. SLOAN Title: Chief Executive Officer City Attorney (If corporation or LLC., Board Chair, B6 AMA X � Pres. or Vice Pres.) Tracy N arvanian Dat By. u�- Senior Douty City Attorney �•Lv1� Name: _ Salam Nalia ATTEST: YVONNE SPENCE, MMC CRM Title: Chief Financial Officer City Clerk (If corporation or LLC., CFO, Treasurer, Secretary or Assistant By: Secretary) Deputy Weo 1 for REVIEWED BY: Addresses: CITY: CONSULTANT: City of Fresno [Consultant Narrio] Attention: [Name] Attention: [Name],ft1��11�S,C, [Title] i"fid _vs UIR&,1rDr_ [Title] [Street Address]IC110 �.I�IVISt� [Street Address] 1126j��fb51-1,<MN-l-,STG Fresno, CA [Zip] [City, State Zip] f"N4, Gpb c�3�21�2G1� Phone: (559) [#]1p21.ADo Phone: [area code and #] 5� �3 t000 FAX: (559) [#] FAX [area code and #] 2