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HomeMy WebLinkAboutUkiah Valley Cultural and Recreation Center 2011-02-15; Amendment 4 2014-04-16 , COU No. 021511-A4 I AMENDMENT NO. 4 ', TO � MANAGEMENT AGREEMENTFOR ALEX RORABAUGH CENTER This agreement amends the City of Ukiah and Ukiah Valley Cultural Recreation Center Management Agreement for the Alex Rorabaugh Center between the City of Ukiah ("City") and the Ukiah Valley Cultural and Recreation Center ("ARC"), dated February 15, 2011 ("Management AgreemenY'). This is the fourth amendment to the Management Agreement. Except as expressly amended by this agreement and the third amendment, the Management Agreement is not changed and remains in full force and effect between the Parties, as it read on February 15, 2011. Section 2, headed: "Term," is amended to read as follows: I 2. Term. I 2.1 The term of this Agreement shall commence on February 15, 2011 and terminate at midnight on February 14, 2016, unless earlier terminated by ', either party as provided in Section 2.2 or e�Rended as provided in Section 2.1 or 2.3. i I The term of this Agreement shall be five (5) years, provided, however, that within 60 days after the end of the fourth year of the five-year term, the parties shall review their experience during that first four years. Upon completion of that review, either party shall have the option to notify the other party that it will not extend the lease beyond the five year term and I� the lease shall terminate on February 14, 2016. If neither party gives � notice as provided in this paragraph after the parties have conducted the four year review, this Agreement may be extended on the same terms for an additional five years. The extended term shall be subject to a review within a reasonable time after the fourth year of the extended term. Both parties may agree to , extend the lease for an additional five year term. � 2.2 In addition to the provisions of Section 5.6 and 5.7 below, either party may request an early termination of this Agreement after February 14 2012. Such a request must be made in writing, and must be made a minimum of six months in advance of proposed termination date, unless City and UVCRC mutually agree to a lesser time. Provided that such written request is timely made, termination shall occur upon the specified termination date. 2.3 This Agreement may be extended for an additional five-year term after the I initial 5 year extension upon the written mutual agreement of the parties which must be reached no later than 12 months before the end of the i extended term. The parties may mutually agree to additional extensions ' 1 _ . � . r beyond this date. Prior to each extension, the parties shall prepare an I I evaluation of the ARC o erations and resent it to the Cit Council and I p p Y the UVCRC Board of Directors. IN WITNESS WHEREOF, the UVCRC and the City have executed this Agreement as of the day and year first above written. �� City of Ukiah UVCRC I � / . , B : �.,t G� ° �_ : �t ; � L�� c. �. B : �St..si Y Y Jane Chambers, City Manager Marv n Trotte , resi ent I Approved as to form� I�i / I � Da apport, i y Atto ney I I I �I , �� ' 2 �I �I i - - - - -- - - - - - - - - - - - - -