BACK TO NATIVES RESTORATION (BTN) (2) -2011

Home Browse Search

A- 2011- 073 -02 rNSJRAM -E 1. WORK — ) .�'.Z.2 1 L SECOND AMENDMENT TO OPERATING AGREEMENT v THIS SECOND AMENDMENT TO AGREEMENT is entered into on 2013, by and between Back to Natives Restoration, a California non -profit public benefit corporation ( "BTN ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: i C. In accordance with the terms and conditions of said Agreement, the parties now wish to exercise the second one -year renewal option. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, TERM, shall be amended to renew all the terms and conditions of the license and Operating Agreement for an additional one -year period, from May 1, 2013 through April 30, 2014. The term may be renewed for up to two additional one - year periods at the mutual agreement of the parties. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. HI A. The parties entered into Agreement A- 2011 -073, dated May 24, 2011, (hereinafter "said Agreement ") by which BTN has implemented and operated a native plant nursery within the City owned property at Santiago Park, and provided volunteer support for restoration activities in the Park and throughout the City. B. In accordance with the terms and conditions of said Agreement, the parties exercised the first one -year renewal option with the First Amendment to Operating Agreement dated April 23, 2012 (Agreement #A -2011- 073 -01). C. In accordance with the terms and conditions of said Agreement, the parties now wish to exercise the second one -year renewal option. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, TERM, shall be amended to renew all the terms and conditions of the license and Operating Agreement for an additional one -year period, from May 1, 2013 through April 30, 2014. The term may be renewed for up to two additional one - year periods at the mutual agreement of the parties. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. HI