HomeMy WebLinkAbout0005_3_PSA La Laguna - Exhibit B Amendment 3
AMENDMENT NO. 3 TO AGREEMENT FOR OPERATIONAL MANAGMENT
OF LA LAGUNA RESORT AND BOAT LAUNCH
THIS AMENDMENT NO. 3 TO AGREEMENT FOR OPERATIONAL
MANAGEMENT OF LA LAGUNA RESORT AND BOAT LAUNCH ("Amendment No. 3
"), dated for identification purposes as of January 1, 2017, is made by and between the CITY
OF LAKE ELSINORE, a municipal corporation (hereinafter referred to as "City") and
WILLIAMS BAIT & TACKLE, INC., a California corporation, doing business as William's
Bait, Tackle and Boat Rental (hereinafter referred to as "Operator").
RECITALS
This Amendment No. 3 is made with reference to the following facts which are a
substantive part hereof:
A. City and Operator have entered into that certain agreement entitled "Agreement
for Operational Management of La Laguna Resort and Boat Launch" dated as of June 1, 2015
(the "Original Agreement") and that certain Amendment No. 1 to Agreement for Operational
Management of La Laguna Resort and Boat Launch dated December 1, 2015 (as amended,
“Amendment No. 1”) and that certain Amendment No. 2 to Agreement for Operational
Management of La Laguna Resort and Boat Launch dated May 31, 2016 (as amended,
“Amendment No. 2”). The Original Agreement, Amendment No. 1 and Amendment No. 2 are
collectively referred to herein as the “Amended Agreement.” Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Amended Agreement.
B. The City and Operator now desire to extend the term of the Amended
Agreement with respect to the Premises for one (1) month, through January 31, 2017, while the
parties negotiate a subsequent operating agreement during the anticipated construction and
rehabilitation of the entire site.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions set forth herein, the parties hereto agree as follows:
1. Section 3.2 , Term, of the Amended Agreement is hereby amended in its
entirety to read as follows:
“3.2 Provided Operator is not then in default under the terms of this Agreement, at the
expiration of the extension term under Amendment No.2, the term of this Agreement with
respect to the Premises shall be extended to January 31, 2017 on the same terms and
conditions as contained in the Amended Agreement.
2. Exhibit “B”, “Amended Schedule of Fees and Hours” as attached to
Amendment No. 2 are ratified and shall be applicable through January 31, 2017.
3. Except for the changes specifically set forth herein, all other terms and
conditions of the Amended Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 on the
respective dates set forth below.
WILLIAMS BAIT & TACKLE, INC., a
California corporation, doing business as
WILLIAMS BAIT, TACKLE, and BOAT
RENTAL
Dated: _______________, 2016 By: _______________________________
William Johnson, President
CITY OF LAKE ELSINORE, a municipal
corporation
Dated: ________________, 2016 By: _______________________________
Grant Yates, City Manager
ATTEST:
________________________________
Susan M. Domen, MMC, City Clerk
APPROVED AS TO FORM:
________________________________
Barbara Leibold, City Attorney