1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO GRANT AGREEM ENT (First Amendment) is effective as of November 18, 2023, and amends the Grant Agreement for funding for Arte Americas to make improvements to their building between the City of Fresno, a California municipal corporation (CITY), and Arte Americas, a California Non-profit Corporation (GRANTEE).
RECITALS
A. Whereas, the CITY and GRANTEE are parties to that certain Grant Agreement for capital building improvements for the Arte Americas property ensuring the safety and comfort of its patrons as a community benefit dated November 18, 2022 (Agreement); and
B. Whereas, pursuant to the Agreement, the CITY has issued to GRANTEE Program Funds in relation to building improvements for the Arte Americas property utilizing American Rescue Plan Act (ARPA) funding; and
C. Whereas, the term of the Agreement is set to expire on February 28, 2024; and D. Whereas, the CITY and GRANTEE now desire to extend the term of the Agreement to December 31, 2024 in order to complete all renovations and construction and expend all allocated funding.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parti es agree that the aforesaid agreement be amended as follows:
1. Term. The term of the Agreement referenced in Section 3, shall be extended through December 31, 2024.
2. Effect of Amendment . Except as expressly modified by this First Amendment, the Agreement is hereby reaffirmed and rati fied. In the event of any conflict between the Agreement or any Exhibits and this First Amendment, this First Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Sukhman S. Sekhon Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
Arte Americas, a California Non-profit
Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)