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18-0701_CHAMBER OF COMMERCE_License Agreement 2nd Amd AMENDMENT NO.2 TO THE LICENSE AGREEMENT FOR THE TJ MEADOWS BUILDING • 1. Parties and Date. This Amendment No. 2 to the License Agreement for the TJ Meadows Building is made and entered into as of this 1st day of July, 2017, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and The San Juan Capistrano Chamber of Commerce, a California non-profit corporation, with its principal place of business at 31421 La Matanza Street, San Juan Capistrano, CA 92675 . ("Chamber"). City and Chamber are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 WHEREAS, The City and Chamber have entered into an agreement entitled "License Agreement for the TJ Meadows Building" dated 5 September, 2006 ("Agreement") for the purpose of utilizing certain real property, which is a portion of the Old Fire Station Recreation Complex, located at 31421 La Matanza Street, commonly known as the "T.J. Meadows Building" for use as the San Juan Capistrano Chamber of Commerce Offices. 2.2 Amendment Purpose. The City and Chamber desire to amend the Agreement to extend the term of the agreement, and adjust the monthly reimbursement amount. 3. Terms. 3.1 Amendment. Section 2 of the Agreement is hereby amended in part to read as follows: Section 2. Term. This License Agreement shall commence on the date first written above and shall . terminate on June 30, 2019. (a) Licensor and Licensee mutually reserve the right to terminate this License Agreement with or without cause,upon ninety(90) days prior written notice. 3.2 Amendment. Section 7 of the Agreement is hereby amended in part to read as follows: Page 1 of 3 Section 7. Maintenance,Repairs, and Improvements. (a) Reimbursement for City Maintenance and Utilities. Licensee shall reimburse City in the total amount of nine hundred fifty-four dollars ($954.00)per month. Effective 1 July, 2018, an applicable Consumer Price Index (CPI) rate will be applied to the monthly reimbursement. This amount shall consist of a reimbursement for landscaping and building hardscape maintenance services provided by the City, in addition to reimbursing the City for electricity,water, and natural gas usage. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the License Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term "License Agreement" appears in the License Agreement, it shall mean the License Agreement as amended by this Amendment No. 2. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 2 of 3 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE LICENSE AGREEMENT FOR THE TJ MEADOWS BUILDING BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SAN JUAN CAPISTRANO:CHAMBER OF COMMERCE CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO Approved B CHAMBER OF COMMERCE • :DC?7X 21,j n Sie el Signature City anager 7-3- 1r 1aitv mac 1 Date Name • Arte B . ,-_ .?)na-� o� Nev.-A:3cc Title Ma orris, •ty cd - k (o Zfi .ZOl Date Approved As To Form: Je#frey Ballin City Attorney Page 3 of 3