HomeMy WebLinkAboutResources for Independence Central Valley - Universally Accessible Park Operation - Amdt. 1 - 2015FIRST AMENDMENT TO AGREEMENT
THIS F MENDMENT TO AGREEMENT ("Amendment") made and entered
into as of this ay of November 2015, amends the Agreement heretofore entered
into between the CITY oF FRESNo, a municipal corporation ("C|TY"), and
RESOURCES FOR INDEPENDENCE CENTRAL VALLEY, a California nonprofit
corporation ("USER").
RECITALS
CITY and USER entered into an Agreement, dated December 19, 2013, for
services related to the completion of Universally Accessible Park ("UAP") and provide
cedain services at UAP ("Agreement"); and
USER shall be responsible for the maintenance of the skate park and dog park at
UAP.
CITY shall accept any and all liability for any and all claims, demands, and
actions arising or alleged to have arisen directly or indirectly out of the skate park and
dog park at UAP.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and
valuable consideration hereby acknowledge, the parties agree that the aforesaid
Agreement be amended as follows:
1. USER's responsibilities shall include maintenance of the skate park and
the dog park at UAP.
2. CITY shall accept any and all liability for any and all claims, demands, and
actions arising, or alleged to have arisen, directly or indirectly out of the skate park and
dog park at UAP.
3. Except as othenruise provided herein, the Agreement entered into by CITY
and USER, dated December 19,2013, remains in fullforce and effect.
4. ln the event of any conflict between the body of this Amendment and the
Agreement, the terms and conditions of the body of this Amendment shall control and
take precedence over the terms and conditions expressed within the Agreement.
Furthermore, any terms or conditions contained within the Agreement which purport to
modify the allocation of risk between the parties, provided for within the body of this
Amendment, shall be null and void.
ut
lN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO, RESOURCES FOR INDEPENDENCE
a municipal corporation CENTRAL VALLEY,
a California nonprofit corporation
By:
Name:
ATTEST:
WONNE SPENCE, CMC
City Clerk
By: s/ts
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
l¡re: 9uûvc\ lt tcrSv( w
(lf corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
d, City Manager
on M.