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UNTI J I S RAt1C—E EXPIRES
AMENDMENT TO AGREEMENT b e
DATE COUtcCll cc , CO/1-
DATE: y/y j - TlN,
THIS AMENDMENT TO AGREEMENT, made and entered into this
5th day of April , 1993, by and between the City
of Santa Ana, a municipal corporation of the State of California,
hereinafter referred to as "City," and the Charles W. Bowers Museum
Corporation, a California nonprofit public benefit corporation,
hereinafter referred to as "Corporation,"
Recitals:
W I T N E S S E T H
A. City and Corporation entered into that certain
agreement, dated April 20, 1987, hereinafter referred to as "said
Agreement," for the license and operation of the Charles W. Bowers
Memorial Museum.
B. The parties desire to amend said Agreement to provide
for an option to extend the term and for disposition of donations
in the event of termination of said Agreement.
WHEREFORE, for and in consideration of their mutual and
respective covenants and promises hereinafter set forth, and
subject to the terms and conditions of said Agreement, as amended
hereby, the parties hereto do hereby agree as follows:
1. Section 1.01, subsection (1), of said agreement, is
hereby amended to read as follows:
11(1) "Term" means a period of twenty (20) years
from and after the Commencement Date, and any extended term
occurring by reason of Corporation's exercise of an option to
extend as herein provided."
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2. Section 2.04 is hereby added to said Agreement,
which Section reads as follows:
"§ 2.04 Option to Extend Term
"Corporation is given the option to extend the term
on all the provisions contained in this license for a ten (10) year
period ("extended term") following the expiration of the initial
term or any extended term, by giving notice of exercise of the
option ("option notice") to City at least one (1) year but not more
than two (2) years before the expiration of the term or any
extended term. Provided that, if Corporation is in default on the
date of giving the option notice, the option notice shall be
totally ineffective, or if Corporation is in default on the date
any extended term is to commence, the extended term shall not
commence and this license shall expire at the end of the initial
term or previous extended term as the case may be. In no event
shall the term and any subsequent extended terms exceed a total of
ninety-nine (99) years."
3. Section 7.05, subsection (4) of said Agreement is
hereby amended to read as follows:
11(4) All cash donated to Corporation for museum
purposes and all items of personal property donated or loaned to
Corporation for museum purposes shall be delivered over to the City
to be held in trust for the donor or lender and used solely for the
purpose for which the donation or loan was made, provided, however,
the terms and conditions of any donation or loan shall prevail over
any inconsistent term or condition in this subsection."
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4. Except as expressly amended hereby, the terms and
conditions of said Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement on the day and year first above written.
ATTEST:
I C. Guy
of the Coun i
APPROVED AS TO FORM:
CITY OF SANTA ANA
Da H1 Young, ayor
CHARLES W. BOWERS MUSEUM
CORPORATION
M