RELEASE OF LIABILITY AGREEMENT
THIRD AMENDMENT TO
PERMIT TO ENTER AND RELEASE OF LIABILITY AGREEMENT
THIS THIRD AMENDMENT TO PERMIT TO ENTER AND RELEASE OF
LIABILITY AGREEMENT (“ Third Amendment”), dated as of _____________, 202 2, is made and entered into by and between the CITY OF RICHMOND, a municipal corporation and charter city (“City”) and CONTRA COSTA COUNTY, a political subdivision of the State of California (“Permittee”), with reference to the following facts.
RECITALS
A. The City and Permittee entered into a Permit to Enter and Release of Liability Agreement on January 14, 2021 , that was first amended on April 1, 2021, and amended a second time on January 6, 2022, for the use of the Richmond Memorial Auditorium and Convention Center, located at 403 Civic Center Plaza, Richmond, CA (the “PTE”).
B. The parties desire to extend the term of the PTE, update the hours of operation, and allow for the County’s shared use of the kitchen.
The parties therefore amend the PTE as follows:
AGREEMENT
1. All defined terms used by not defined in this Third Amendment have the meaning ascribed to them in the PTE.
2. Section 2, Term, shall be deleted in its entirety and replaced with the following:
2. Term. The term of the PTE and this Agreement shall commence on the Effective Date and shall end on June 30, 2023 . Thereafter, the PTE and this Agreement may be extended on a month-to-month basis with written consent of City. Upon termination, the PTE and t his Agreement shall be null and void and of no further force or effect, except as to those provisions of this Agreement which are stated herein to expressly survive the expiration or earlier termination of this Agreement.
3. Section 3, Terms of Operation, shall be deleted in its entirety and replaced with the following:
3. Terms of Operation.
a. Hours. The vaccine/testing area in the Building will be operated by the County Monday through Saturday, 7:00 a.m. to 6:00 p.m.
b. Kitchen. The County will have shared use of the kitchen during the term of this agreement.
c. Janitorial Service. County shall provide janitorial services to that portion of the Building that it uses. City shall provide janitorial services to any portion of that Building shared with or not used by County.
d. Security. County shall provide security to the Building during the term of this Agreement as County deems necessary.
e. Access to Building . On each day of County’s operation of the Building, City staff will unlock the Building at the beginning of the day and lock the Building end of the day.
f. Utilities and Equipment . City shall provide water and electricity, tables, and chairs for County’s use. The tables and chairs are to be wipeable, not cloth. County staff will inform City staff of the number of tables and chairs needed.
4. All other terms of the PTE remain unchanged.
[Signatures on Following Page]
City and Permittee are causing this Second Amendment to be executed as of the date set forth in the introductory paragraph.
PERMITTEE:
CONTRA COSTA COUNTY,
a political subdivision of the State of California
By:___________________________
Name: Eric Angstadt
Chief Assistant County Administrator
Address for Notices:
Contra Costa County
1025 Escobar St, 4th Floor
Martinez, CA 94553
Attn: Eric Angstadt
Chief Assistant County Administrator
CITY:
CITY OF RICHMOND, a municipal corporation and charter
city
By: ____________________________
Approved as to form:
________________________________
City Attorney
ME:
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