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A-2011-073-01 <br />? 0?_ <br />vv <br />tl?I? <br />UNTIL IMU VI("u ' ? K'?IREaE <br />/ 0 1- <br />CLERK OF COt'??'''- <br />LER FIRST AMENDMENT TO <br />DATE <br />P? ;y ) OPERATING AGREEMENT <br />CJ CA <br />G"evas THIS FIRST AMENDMENT TO AGREEMENT is entered into on April 23, 2012, by <br />and between Back to Natives Restoration, a California non-profit public benefit corporation <br />("BTN") and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Agreement A-20(f1-073, dated May 24, 2011, (hereinafter "said <br />Agreement") by which BTN has implemented and operated a native plant nursery within the <br />City owned property at Santiago Park, and provided volunteer support for restoration <br />activities in the Park and throughout the City. <br />B. In accordance with the terms and conditions of said Agreement, the parties wish to exercise <br />the first one-year renewal option. <br />WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all <br />the terms and conditions of said Agreement, except those amended in this First Amendment to <br />Agreement, the parties agree as follows: <br />1. Section 2, TERM, shall be amended to renew all the terms and conditions of the license and <br />Operating Agreement for an additional one-year period, from May 1, 2012 through April 30, <br />2013. The term may be renewed for up to three additional one-year periods at the mutual <br />agreement of the parties. <br />2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement <br />on the date and year first written above. <br />ATTEST: <br />Marcia D. Huizar <br />Clerk of the Council <br />Approved as to form <br />pt. 9 <br />Larura eedy <br />Assistant City Attorney <br />Recommended for Approval: <br />V <br />h n M?' <br />Gerar o Mouet <br />Exe. Director - PRCSA 1 <br />CITY OF SANTA ANA <br />PAUL M. WALTERS <br />Interim City Manager <br />BACK TO NATIVES RESTORATION <br />ALDI.DURANT <br />Director of Restoration