HomeMy WebLinkAboutAgreement A-21-550 with Fresno County Disc Golf.pdf1
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FIRST AMENDMENT TO AGREEMENT NO. 18-536
THIS FIRST AMENDMENT TO AGREEMENT NO. 18-536 (hereinafter “Amendment”) is made and
entered into this ____day of __________, 2021 (“Effective Date”), by and between the County of Fresno,
a political subdivision of the State of California ("LICENSOR") and Fresno County Disc Golf, a private
non-profit corporation, whose address is 10201 N. Rowell Ave., Fresno, CA 93730 ("LICENSEE"). In
this Amendment, LICENSOR and LICENSEE may be referred to individually as “Party” or collectively as
“Parties”.
W I T N E S S E T H:
WHEREAS, LICENSOR and LICENSEE entered into Agreement No. 18-536, dated September
11, 2018 (hereinafter “License”), pursuant to which Parties mutually desired LICENSEE to construct and
install an 18-hole disc golf course at LICENSOR’s Kearney Park, located at 6725 W. Kearney Blvd.,
Fresno, CA 93706; and
WHEREAS, LICENSOR AND LICENSEE now desire to amend the License in order to construct
and install a second 18-hole disc golf course at LICENSOR’s Kearney Park, located at 6725 W.
Kearney Blvd., Fresno, CA, 93706.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.That the existing License Section WITNESSETH Page One (1), Line Eleven (11),
beginning with “an” and ending on Page One (1), Line Eleven (11) with the word “course” be deleted and
the following inserted in its place:
“two (2) 18-hole disc golf courses”
2.That the existing License Section One (1), Page One (1), Line Twenty Six (26), beginning
with the word “LICENSEE” and ending on Page Two (2), Line One (1) with the word “reference” be
deleted and the following inserted in its place:
“LICENSEE, at its sole cost, shall construct the Project in two areas currently little used
by the public at Kearney Park, as depicted on Revised Exhibit A, attached and incorporated by reference.”
3.That the existing License Section Four (4), Page Three (3), Line Fifteen (15), beginning
with the word “disc” and ending on Page Three (3), Line Fifteen (15) with the word “course” be deleted
21-0820 Agreement No. 21-550
14th December
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and the following inserted in its place:
“disc golf courses”
4. That existing License, Exhibit A, located on page eleven (11) is deleted in its entirety and
replaced with Revised Exhibit A, attached hereto and incorporated by this reference. That all references
in the License to Exhibit A be changed to read “Revised Exhibit A.”
5. THE LICENSOR and LICENSEE agree that this Amendment is sufficient to amend the
License and, that upon execution of this Amendment, the License and this Amendment together shall be
considered the License.
6. The License, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the License and not amended herein shall remain in
full force and effect.
7. This Amendment may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute on and the same Amendment binding on
the Parties according to its terms and conditions.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
3 LICENSEE
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t orized Signature)
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Print Name an itle
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11 Jo 1o1 JJCJ I' Ii.. /?o...J di
Mailing Address
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14 City, State, and Zip Code
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LICENSOR
;1L
sti ve Brandau , Chairman of the
Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By ~' l)L ~
Deputy