1 REINSTATEMENT AND SEVENTH MODIFICATION OF
SERVICES AGREEMENT NO. 10101 (CCS)
This Reinstatement and Seventh Modification of Services Agreement Number 10101 (CCS) (“Seventh Modification”), entered into as of _____________, by and between the City of Santa Monica, a municipal corporation (“City”), and the Santa Monica Pier Corporation, a California non-profit public benefit corporation ("SMPC"), is made with reference to the following:
RECITALS
A. On or about January 28, 2016, the City and Santa Monica Pier Corporation entered into a Services Agreement Number 10101 (CCS) for services to develop, implement and maintain certain programs and functions in connection with the Santa Monica Pier (“Services Agreement”).
B. On September 17, 2020, June 22, 2021, June 14, 2022, June 13, 2023, July 9, 2024, and July 8, 2025, Council approved Pier Corporation’s budget and workplans for respective fiscal years and approved certain modifications to the Services Agreement to extend the term and modify services to reflect the City’s priorities and available funding.
C. The Services Agreement expires on June 30, 2026, in accordance with its terms.
D. The City and SMPC wish to reinstate and enter into a seventh modification of the Services Agreement to extend the term until June 30, 2027, (“Seventh Modification”).
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Section 5 of the Services Agreement entitled, “TERM OF AGREEMENT” shall be deleted in its entirety and replaced with the following paragraph:
5. TERM OF AGREEMENT
The term of this Agreement shall commence on January 28, 2016, and shall terminate on June 30, 2027, unless terminated earlier pursuant to Section
12.3, and is subject to annual appropriations by the City Council for each fiscal year.
2. Execution in Counterparts. This Seventh Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single agreement. Any signature to this Seventh Modification transmitted electronically through 2 DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
3. Except as expressly modified by this Seventh Modification, all other terms and conditions of the Services Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Seventh Modification to be executed the day and year first above written.
CITY OF SANTA MONICA,
a municipal corporation
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APPROVED AS TO FORM:
____________________________
ATTEST:
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SANTA MONICA PIER
CORPORATION,
a non-profit public benefit corporation
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