FIRST AMENDMENT
TO
AGREEMENT FOR NAMING RIGHTS RELATED TO FUNDRAISING EFFORTS
BY THE GREATER ORANGE COMMUNITY ARTS THEATER FOUNDATION
THIS FIRST AMENDMENT TO AGREEMENT FOR NAMING RIGHTS RELATED
TO FUNDRAISING EFFORTS BY THE GREATER ORANGE COMMUNITY ARTS THEATER FOUNDATION (the “First Amendment”) is made and entered into as of ___________________, 20 25, by and between the CITY OF ORANGE, a municipal corporation (“City”), and THE GREATER ORANGE COMMUNITY ARTS THEAT ER FOUNDATION, a California nonprofit corporation (“GOCAT”), with reference to the following:
A. City and GOCAT entered into an Agreement for Naming Rights Related to Fundraising Efforts by The Greater Orange Community Arts Theat er Foundation (Agreement No. 7118) dated as of January 12, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising contract verbiage in Section 4.
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 GOCAT 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. Revise Donations and Reporting. The Donations and Reporting Section 4, of the Original Agreement is hereby amended, modified and supplemented to include revised verbiage.
Section 4. of the Original Agreement is hereby amended in its entirety to read as follows:
“4. Donations and Reporting. GOCAT agrees that all funds contributed pursuant to this Agreement, minus GOCAT’s reasonable administrative expenses, shall be used to fund the construction of the Community Theater Venue unless otherwise agreed to in writing by the City, donor, and GOCAT. GOCAT shall, at a minimum, report semi -annually to the City Council summarizing GOCAT’s efforts and the amount of funds contributed pursuant to this Agreement.”
Section 4. 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 ter ms 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.
“CONTRACTOR” “CITY”
THE GREATER ORANGE COMMUNITY CITY OF ORANGE, a municipal corporation
ARTS THEATER FOUNDATION,
a California nonprofit corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian
Senior Assistant City Attorney
*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 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.
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