FIRST AMENDMENT TO NONEXCLUSIVE LICENSE AGREEMENT
GAGE CANAL
GRAND CANAL TOWNHOMES ASSOCIATION
THIS FIRST AMENDMENT TO NONEXCLUSIVE LICENSE AGREEMENT - GAGE CANAL ("First Amendment") is made and entered into this day of _ 2023, by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation ("City"), and GRAND CANAL TOWNHOMES ASSOCIATION, as successor in interest to DULCE VIDA, LLC, a California limited liability company ("Licensee"), with respect to the following:
RECITALS
The City and Licensee entered into that certain Nonexclusive License Agreement dated November 8, 2006 ("Agreement"), for use of the Gage Canal right of way ("Premises") adjacent to property owned by Licensee located East of Canal Street and Nort of Terrace Pines Drive in Grand Terrace, California.
B. The City and Licensee desire to amend the terms of the License agreement to amend the monthly license fee.
NOW, THEREFORE, incorporating the recitals set out above, the parties hereto mutually agree to the following amendment to the Agreement.
Section 4, Consideration, is amended in its entirety as follows:
• As consideration for use of the licensed Premises Licensee shall pay to City a license fee in the amount of Five Hundred Sixty-Seven Dollars and Thirteen Cents ($567.13) per month. Said license fees shall be payable on the first of the month. Beginning with the monthly fee next due after the final execution of this First Amendment, Licensee shall have a credit of Nine Thousand Two Hundred Ninety-Five Dollars and Seventy-One Cents ($9,295.71) which shall be applied to its monthly license fee payments herein until expended. The City may, but is not obligated to, provide Licensee with an invoice each month estimating the fee owed by Licensee. This invoice shall be an estimate only and nonbinding on the parties.
b. Notwithstanding Section 4(a) above the monthly rent shall be increased on each year with the payment due on November 1 by an amount equal to five percent (5%) of such monthly rent. City will make reasonable efforts to ensure this annual increase is reflected on invoices provided to Licensee.
The monthly license fee shall be paid by check made payable to the City of Riverside and sent to the City of Riverside, Central Cashiering City Hall, 3900 Main Street, Riverside California 92522
d. If Licensee fails to pay the monthly license fee by the tenth 10th day of the month in which it is due Licensee agrees that the actual damage to the City would be impracticable or extremely difficult to determine. Therefore, Licensee agrees to pay alate fee equal to ten percent (10%) of the monthly license fee which amount shall be added to the license fee due and considered part of the license fee due City hereunder. The amounts due under this subparagraph are in addition to and not in lieu of any other remedies of City.
It is expressly agreed that this First Amendment embodies the entire agreement between the parties hereto on the subject matter hereof and that their agreement or understanding, verbal or otherwise, relative to this subject matter exists between the parties hereto at the time of execution.
3. 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.
[SIGNATURES ON FOLLOWING PAGE.]
2 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to License Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, GRAND CANAL TOWNHOMES
a California charter city and municipal ASSOCIATION, as successor in interest to corporation DULCE VIDA, LLC, a California limited
liability company
By: By: Ba
City Manager Name: Jennifi Ramirez
Title: Secretary
Attest: By:
Donesia Gause Name:
City Clerk Title:
Approved as to Form.
By:
Ruthann M. Salera
Deputy City Attorney
22-0035.3 RMS 6/15/2023
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