FIRST AMENDMENT TO LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH
AND OC 405 PARTNERS JV FOR
TEMPORARY USE OF PROPERTY
This First Amendment to License Agreement Between the City of Huntington Beach and Recitals below:
RECITALS
A. Lessor is the owner of that certain real property located near the Northeast corner of McFadden Ave and Gothard St, Westminster, California. Also known by the APN: 142-311-34 (the "Lessor's Property").
B. Lessor and Lessee are parties to that certain License Agreement By and Between The City of Huntington Beach and OC 405 Partners JV (the "Agreement"), pursuant to which Lessee leases from Lessor the Lessor's Property.
Pursuant to this First Amendment, Lessor and Lessee desire to amend the Schedule to update terms relating to the term of the Agreement, as set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Term. The term of the license ("Term") shall be from the Effective Date of January 2, 2023 through April 30, 2023. Thereafter, the Agreement will revert to a month to month status, and will require 30 days written notice from either Lessor or Lessee to terminate the agreement.
2. Continued Effect. Except as specifically modified or supplemented by this First Amendment, all of the terms and conditions of the Agreement shall remain in full force and effec in the event of a conflict between any term and provision of the Agreement and this Firs Amendment, the terms and provisions of this First Amendment shall control with respect to the subject matter herein. All captions are for reference purposes only and shall not be used in the construction or interpretation of this First Amendment.
3. Ratification and Reaffirmation. Lessor and Lessee do hereby ratify, reaffirm, adopt, contract for, and agree to be or continue to be, as the case may be, bound by all of the terms and conditions of the Agreement referenced in the Recitals above. Except as modified herein, all 23-12408/301736
and all obligations, limitations, or liabilities which they have to each other under and pursuant to the terms of the Agreement, and Lessor and Lessee are not released from any such obligations, limitations, or liabilities.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the License Agreement to be executed by and through their authorized officers on 2023.
LICENSEE: CITY:
OC405 Partners JV, a California Joint Venture CITY OF HUNTINGTON BEACH, a Partnership municipal corporation of the State of
California
Bon 1g m SARAM SADO
Mayor
Print Name
IS: : circle one) Chairman/President/Vic
President ontracts Manage
By:
City Manager
fo Andrea Coronelutti
APPROVED AS TO FORM:
ITS: (circle one) Secretary Chief Financial
Officer/Asst. Secretary - Treasure
City Attorney M
RECEIVE AND FILE:
City Clerk
Date
2 23-12408/301736