AGR-3473.E.1 - MAJOR LEAGUE SOFTBALL INC - FIRST AMENDMENT TO BALLFIELD MAINTENANCE AND ADULT SOFTBALL PROGRAM SERVICES AGREEMENTCtR-3 1 3 s`
FIRST AMENDMENT '
TO
BALLFIELD MAINTENANCE AND ADULT
SOFTBALL PROGRAM SERVICES AGREEMENT
THIS FIRST AMENDMENT TO BALLFIELD MAINTENANCE AND ADULT
SOFTBALL PROGRAM SERVICES AGREEMENT (the "First Amendment") is made and
entered into as of ce er- , 2020 (the "First Amendment Effective Date"), 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 desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by waiving the payment of license fees for
use of the Old Garage for the duration of the COVID-19 pandemic,until Softball Program Services
are allowed to resume.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise provided herein,all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and MLS agree that all references in this First
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
First Amendment.
Section 3 Revised Definition. Article 1, Section 1.1 of the Original Agreement
Definitions) is hereby amended in pertinent part to correct the definition of"Term" to read as
follows:
Term" shall mean the five-year period commencing on January 1, 2020 and expiring on
the Expiration Date;to wit, at 12:01 a.m, on January 1, 2025.
Section 4 Revised License Fee. Article 4, Section 4.4 (License to Use Old Garage—
License Fee) is hereby amended in its entirety to read as follows:
Commencing on the First Amendment Effective Date, the license fee set forth in
the Original Agreement shall be waived until City, in its sole discretion, determines
that the adult softball league and the Softball Program Services subject to this
Agreement are permitted to resume. When such services resume,the provisions of
Section 4.4 of the Original Agreement shall be automatically reinstated upon written
notice of said reinstatement, signed by the City Manager,provided to MLS."
Section 5. Authority of City Mana er. Pursuant to Section 3.08.430 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Agreement to effect the revisions provided herein.
Section 6. Integration. This First Amendment amends, as set forth herein, the
Original Agreement and, except as specifically amended hereby, the Original Agreement,
including the maintenance and insurance obligations of MLS, shall remain in full force and effect.
To the extent that there is any conflict or inconsistency between the terms and provisions of this '
First Amendment and the terms and provisions of the Original Agreement, the terms and
provisions of this First Amendment shall control and govern the rights and obligations of the
parties.
IN WITNESS of this First Amendment,the parties enter into this First Amendment on the
year and day first above written.
MLS"CITY"
MAJOR LEAGUE SOFTBALL, INC., CITY OF ORANGE, a municipal corporation'
a California corporation
t n • ;1'---.-
By: By:
Printed Name: David R. Johnson Otto, City Manager
Title: President
By: APPROVED AS TO FORM:
Printed Name: Catherine A. Johnson
Title: Secretary-Treasurer
Mary E. Bi ng
Senior Assis ant City Attorne
NOTE:If Contractor is a corporation, the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND(2) the
Secretary, the Chief Financial Officer, the 'reasurer, 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.
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