Item3_2nd Amendment to License Agreement Capitol View Arts — original pdf

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First Second Amendment to Capitoal View Arts License Agreement FIRST SECOND AMENDMENT TO LICENSING AGREEMENT BETWEEN THE URBAN RENEWAL AGENCY OF THE CITY OF AUSTIN AND CAPITAL CAPITOL VIEW ARTS This First Second Amended Licensing Agreement (“Fourth Second Amendment”) is made and entered into between the Urban Renewal Agency of the City of Austin (“Agency”), with offices located at 1000 East 11th Street, Ste 200, Austin, Travis County, Texas 78702, and Capital Capitol View Arts with offices located at 1881 Grove Blvd #1331, Austin, Travis County, Texas 78741 (“Licensee”) (collectively referred to herein as “Parties” and individually as a “Party”). WHEREAS, Agency and Licensee entered into that certain License Agreement on the 18th day of August, 2021; and WHEREAS, the term of the License Agreement will expired on September 30, 2022; and WHEREAS, the term of the First Amendment to the License Agreement expired on September 30, 2023; and WHEREAS, the parties wish to extend the term of the License Agreement to September 30, 20243; and WHEREAS, the Agency’s Board of Commissioners approved this First Second Amendment at a public meeting properly noticed in compliance with the Texas Open Meetings Act on the [21st]19th day of September, 20232; and WHEREAS, Licensee’s board of directors approved this First Second Amendment on the ____ day of ______________, 20232. NOW THEREFOR IN CONSIDERATION OF the duties, obligations and covenants of the Parties, and other good and valuable consideration, Agency and Licensee agree that Section 2 (entitled “Term”) of the License Agreement is amended to read as follows: TERM: The Agreement commences upon August 19, 2021 at 12:01am and ends on September 30, 20243 at 11:59pm (the “Term”) LICENSEE UNDERSTANDS AND AGREES THAT THIS LICENSE IS REVOCABLE AND AGENCY MAY ON ANY DATE AND AT ANY TIME BEFORE SEPTEMBER 30, 20243, TERMINATE THIS LICENSE AGREEMENT IN ITS SOLE DISCRETION WITH OR WITHOUT CAUSE AND LICENSEE SHALL VACATE PREMISES WITHIN THE TIME PRESCRIBED IN SECTION 7.B.ii. LICENSEE UNDERSTANDS AND AGREES THAT THE AGENCY AND ITS CONSULTANTS MAY ACCESS THE PROPERTY AT ANY TIME FOR PURPOSES OF PREPARING FOR THE REDEVELOPMENT OF THE SITE AND THAT SUCH ACCESS WILL BE COORDINATED WITH THE LICENSOR AND ITS CONSULTANTS TO MINIMIZE DISRUPTION TO BUSINESS OPERATIONS. Page 1 of 2 First Second Amendment to Capitoal View Arts License Agreement Except as expressly amended herein the License Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this First Second Amendment is hereby effective as of the last date of execution below. Licensee: Capitoal View Arts ______________ Date ______________ Date _______________________________________________________ Clifford Gillard, Founder/President Agency: Urban Renewal Agency of the City of Austin ____________________________________________________ Manuel Escobar, Board Chair APPROVED AS TO FORM: By: General Counsel to the Urban Renewal Agency By: ______________________________________ of the City of Austin Denton, Navarro, Rocha, Bernal & Zech A Professional Corporation 2500 W. William Cannon Drive, Suite 609 Austin TX 78745 Charles E. Zech, General Counsel Page 2 of 2