HomeMy WebLinkAboutAmendment 1 to License Agreement D-25-159.pdf 1 AMENDMENT NO. 1 TO LICENSE AGREEMENT
2 This Amendment No. 1 to License Agreement ("Amendment No. 1") is dated
3 8/4/25 and is between El Pillin, a sole proprietor ("Licensee"), and the County
4 of Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On April 18, 2025, the County and the Licensee entered into License Agreement, which
7 is County agreement number D-25-159 ("Agreement"), for sales of can/bottle beverages, chips,
8 toys, and Mexican snacks.
9 B. Due to minimal patrons at Winton Park and the small opportunity for revenue, it has
10 become necessary to move the Licensee to a more highly visited location.
11 C. The County and the Licensee now desire to amend the Agreement to move the Licensee
12 from Winton Park to Lost Lake Park.
13 The parties therefore agree as follows:
14 1. Paragraph 2 of the Agreement located at lines 6-8 is deleted in its entirety and replaced
15 with the following:
16 "WHEREAS, COUNTY owns and/or operates Lost Lake Park located at 16385 N
17 Friant Road, Friant, CA 93626, hereinafter referred to as `PREMISES;' and,"
18 2. When both parties have signed this Amendment No. 1, the Agreement, and this
19 Amendment No. 1 together constitute the Agreement.
20 3. The Licensee represents and warrants to the County that:
21 a. The Licensee is duly authorized and empowered to sign and perform its obligations
22 under this Amendment.
23 b. The individual signing this Amendment on behalf of the Licensee is duly authorized
24 to do so and his or her signature on this Amendment legally binds the Licensee to
25 the terms of this Amendment.
26 4. The parties agree that this Amendment may be executed by electronic signature as
27 provided in this section.
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1
1 a. An "electronic signature" means any symbol or process intended by an individual
2 signing this Amendment to represent their signature, including but not limited to (1) a
3 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
4 electronically scanned and transmitted (for example by PDF document) version of an
5 original handwritten signature.
6 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
7 equivalent to a valid original handwritten signature of the person signing this
8 Amendment for all purposes, including but not limited to evidentiary proof in any
9 administrative or judicial proceeding, and (2) has the same force and effect as the
10 valid original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
13 2, Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied
15 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Amendment is not conditioned upon the parties conducting the transactions
18 under it by electronic means and either party may sign this Amendment with an
19 original handwritten signature.
20 5. This Amendment may be signed in counterparts, each of which is an original, and all of
21 which together constitute this Amendment.
22 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
23 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
24 effect.
25 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
El Pillin COUNTY OF FRESNO
4
] � Digitally signed by Steve White
5 \ �V11—CLLC Steve White Date:2025.08.0414:31:31
Ana Centeno, Owner o�oo
6 Steven E. White, Director
1115 N 8th St Department of Public Works and Planning
7 Fresno, CA 93702
APPROVED AS TO LEGAL FORM:
8 Daniel Cederborg, County Counsel
Digitally signed by
Zachary
9 Date:2025.07 10
By:
Adams 0822:38-07'00'
10 Deputy
11 For accounting use only:
12 Org No.: 7910
Account No.: 3400
13 Fund No.: 0001
Subclass No.: 10000
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Lost Lake Park N
Speed limit 15 miles per hour �zc I ground
16385 N.Friant Rd.,Friant,CA 93626
Playground
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Lost Lake Park
Baseball Diamond
Public bathroom
C:r..p Picnic Area
Volleyball Courts