Item 25 - Facility Use Agreement Amendment with TKO Youth Foundation

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FIRST AMENDMENT TO FACILITY USE AGREEMENT WITH TKO VOUTH FOVNI)ATION FOR USE OF THE FITNESS ROOM AT JEROME COMMUNITY CENTER THIS FIRST AMl=.TlDMENT to the above -referenced agreement is entered into December G_ 2022, by and between TKO Youth Foundation ("TKO"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and lavers of the State of California (-City,-). City and TKO are also collectively referred to herein as "the Patties. - RECITALS A. The Parties entered into Agreement No. A-2021-187 ("Agreement") dated September 21. 2021, to grant TKO the limited right to use the Fitness Room in the City's JT rome Cornrnunity Center to provide boxing classes, training, to hold periodic tournaments and for equipment storage. a. The Agreement is current and i ri-etfeet through September 21, 2023. C. The Parties now wish to amend the Agreement to modify the consideration of the Agreement. The Partles therefore agree - I. Section 3, Consideration, is hereby amended to head as follows. - City acknowledges the public benefit provided by TKO to the youth of the City of Santa Ana through its program and the fact that TKO is anon -profit corporation with 501(e)(3) status. Starting September I, 2022, TK0 will pay to City a fee for use of the Fitness Room, per month. a rate of Twenty Dollars and Zero Cents ($20_00) per hour. Ail payments shall be trade by the 1 st d v of each month in the form of a cashier's check or ACH electronic transfer tirade payable to "City of Santa Ana." 2. Except as mMifed by this First Amendment, all terms and conditions of the Agr"rnent, shall retrain in full forge and effect_ iN WITNESS WHEREOF, the Parties hereto have executed this first Amendment to the Agreement on the date and year first written above_ ATTEST CITY OF SANTA ANA KRIS` INE RIDGE Clerk of the Council City Manager [srgrtalures continued an next page] Page 1 of 2