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AGR-3473.E - MAJOR LEAGUE SOFTBALL INCAaiR_303. E 3 THIRD AMENDMENT TO BALLFIELD MAINTENANCE AND ADULT SOFTBALL PROGRAM SERVICES AGREEMENT THIS THIRD AMENDMENT TO BALLFIELD MAINTENANCE AND ADULT SOFTBALL PROGRAM `SERVICES AGREEMENT (the "Third Amendment") is made and entered into as ofQ��m1 �S , 2022, by and between the CITY OF ORANGE, a municipal corporation ("City"), and MAJOR LEAGUE SOFTBALL, INC., a California corporation ("MLS"), with reference to the following: A. City and MLS entered into a Ballfield Maintenance and Adult Softball Program Services Agreement (Agreement No. 3473.E) dated December 10, 2019, which is incorporated herein by this reference (the "Original Agreement"); and B. City and MLS amended the Original Agreement by temporarily waiving the payment of license fees for use of the Old Garage by a First Amendment to Original Agreement (Agreement No. 3473.E.1) dated December 18, 2020, which is incorporated herein by this reference (the "First Amendment"); and r mot. __ _ _ � w rr n _ � , .� � , • r � AaiR_303. E 3 THIRD AMENDMENT TO BALLFIELD MAINTENANCE AND ADULT SOFTBALL PROGRAM SERVICES AGREEMENT Amendment are eeemed and consnt wed o'Terer o the Uriginal" igreemen as' amended, as impiementeu by this Third Amendment. Section 3. Revision of City Ball Field Maintenance Services. Attachment 1 of the Original Agreement (Major League Softball Ball Field Maintenance Services), Section "Additional Maintenance Services," Item Number 4 is hereby amended in its entirety to read as follows: "4) Using spray -paint line marker, a total of four (4) foul line/out of play lines (which extend a minimum of 200' from home plate) and one (1) "Coed" arc (located 180' from home plate per SCMAF Rules) will be painted onto each outfield. It is agreed that MLS shall provide the labor, line marker and spray - paint used for this task. MLS warrants that each line and arc will be 4" wide and MLS will return to renew each stripe no fewer than one (1) time per week. MLS may deduct the cost for spray -paint associated with installing these field lines from the program Registration Fees collected by MLS and remitted to the City pursuant to Section 3.3.E." Section 4. Integration. This Third Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Third Amendment, the parties enter into this Third Amendment on the year and day first above written. "CONTRACTOR" MAJOR LEAGUE SOFTBALL, INC., "CITY" CITY OF ORANGE, a municipal corporation "4) Using spray -paint line marker, a total of four (4) foul line/out of play lines (which extend a minimum of 200' from home plate) and one (1) "Coed" arc (located 180' from home plate per SCMAF Rules) will be painted onto each outfield. It is agreed that MLS shall provide the labor, line marker and spray - paint used for this task. MLS warrants that each line and arc will be 4" wide and MLS will return to renew each stripe no fewer than one (1) time per week. MLS may deduct the cost for spray -paint associated with installing these field lines from the program Registration Fees collected by MLS and remitted to the *NOTE. If CONTRACTOR is a corporation, the City requires the following signature(s): -- (l) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.