FIRST AMENDMENT TO MANAGEMENT AGREEMENT
FOR THE FOX PERFORMING ARTS CENTER
LIVE NATION WORLDWIDE, INC.
THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT ("First
Amendment) is made and entered into this
business in the State of California (Consultant"), with respect to the following:
RECITALS
WHEREAS, the City and Consultant entered into that certain Management Agreement dated October 8, 2013 ("Agreement"); and
WHEREAS, the City desires to have Consultant continue providing the services referenced in that Agreement; and
WHEREAS, the Agreement is set to expire on December 1, 2022, and WHEREAS, the City and Consultant have agreed to extend the term of the Agreement through June 30, 2023.
NOW, THEREFORE, incorporating the recitals set out above, the parties hereto mutually agree to the following amendment to the Agreement.
Section 2, Term, is hereby amended to extend the term of the Agreement, through June 30, 2023.
All other terms and conditions of the Agreement between the parties, which are not inconsistent with the terms of this First Amendment, shall remain in full force and effect as if fully set forth herein.
Digital and Counterpart Signatures. Each party to this Agreement intends and agrees to the use of digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((CUETA") Civil Code §§ 1633.1, et seq.), California Government Code § 16.5, and California Code of Regulations Title 2 Division 7 Chapter 10, to execute this Agreement. The parties further agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for purposes of validity, enforceability, and admissibility. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The above statutes authorize use of an electronic signature for transactions and contracts among parties in California, including a government agency, so long as certain conditions are met. "Digital signature" is a type of electronic signature and is defined as "an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature," and shall be reasonably relied upon by the parties. For purposes of this section, a "digital signature" is defined in subdivision (d) of Section 16.5 of the Government Code and is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each certified or authenticated electronic copy of an encrypted digital signature shall be deemed a duplicate original, constituting one and the same instrument and shall be binding on the parties hereto.
[SIGNATURES ON FOLLOWING PAGE.]
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Management Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, LIVE NATION WORLDWIDE, INC., a
a California charter city and municipal Delaware corporation, authorized to do corporation business in the State of California
By: By:
Interim City Manager Print Name: Thomas See
Its: COO Live Nation Venues
(Signature of Board Chair, President, or
Vice President)
Attest:_
City Clerk
and
Certified as to Availability of Funds: By: Seniamin Weeden Print Name: Benjamin Weeden
Its: CFO
By: (Signature of Secretary, Assistant
Chief Financial Officer Secretary, CFO, Treasurer, or Assistant Treasurer)
Approved as to Form:
By: Ender Me...
Senior Deputy City Attorney
13-1546.1 RBK 09/14/22