FIRST AMENDMENT
TO
AGREEMENT FOR PRODUCTION
OF ORANGE INTERNATIONAL STREET FAIR
THIS FIRST AMENDMENT TO AGREEMENT FOR PRODUCTION OF ORANGE INTERNATIONAL STREET FAIR (the “First Amendment”) is made and entered into as of _______________, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and ORANGE INTERNATIONAL STREET FAIR, INC. a California non -profit public benefit corporation (“OISF”), with reference to the following:
A. City and OISF entered into an Agreement for Production of Orange International Street Fair (Agreement No.1071.J) dated December 18, 2019, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and OISF desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by extending the term for an additional two (2) years and making minor scheduling modifications.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined 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 OISF 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 Term. Pursuant to Section 1.A of the Original Agreement, “Term and Termination of Agreement,” the City hereby exercises its right to extend the term of the Ag reement for two (2) additional years, terminating no later than December 31, 2024.
Section 4 Dates and Times . The closing time for Children’s Street in Section 3 of the Original Agreement, “Dates and Times,” is hereby amended to read as follows:
• Children’s Street activities shall close no later than 9:00 p.m. each night.
Section 5. City Obligations. Section 6 of the Original Agreement, “City Obligations,” is hereby amended to add Subsection H to read as follows:
H. City shall commence the traffic closure of the Street Fair footprint at 3 a.m. on the Thursday before the event.”
2 Section 6. Integration. This First 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 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.
“OISF” “CITY”
ORANGE INTERNATIONAL STREET CITY OF ORANGE, a municipal corporation FAIR, INC., a California non-profit public
benefit corporation
By:
*By: Daniel R. Slater, Mayor
Printed Name:
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: If OISF 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 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.