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HomeMy WebLinkAboutContracts & Agreements_231-2018 FIRST AMENDMENT TO PRODUCTION AGREEMENT This first amendment("First Amendment")to the Production Agreement("Agreement") made and entered on the 17`h day of April,2018, by and between the City of Redlands,a municipal corporation ("City")and Garner Holt productions, Inc , a California corporation ("GHP") is made and entered this 181h day of December, 2018 RECITALS WHEREAS, the animatronic Lincoln Head attraction (the "Show") designed by GHP with input from City, and manufactured and produced by GHP, has been very successful in educating the public about the life and times of Abraham Lincoln, and WHERAS, GHP and City are desirous of exercising the option in section 2 1 of the Agreement to extend the performance run of the Show, NOW, THEREFORE, in consideration of the mutual promises contained herein, City and GHP agree as follows AGREEMENT Section 1 Subsection 2 1 of Section 2 of the Agreement, which Section is entitled "Production of Show, Maintenance and Marketing," is hereby amended to read as follows "The Show shall be produced and presented at the Shrine on such dates and times as GHP and City shall reasonably agree The duration of the run of the Show may be of indefinite duration, provided, however, that in such event it shall be subject to termination by either Party on not less than thirty(30) days advance notice Notwithstanding the foregoing, unless mutually agreed to by City and GHP, the performance run of the Show shall continue beyond the previously agreed December 29,2018 end date and conclude on March 31, 2019, with an option to extend subject to agreement by GHP and the City GHP will be responsible for set up of the Show prior to its run and for striking the Show at the completion of its run " Section 2 Subsections 3 1 4 and 3 1 5 of Section 3 of the Agreement, which Section is entitled "Financial and Related Obligations," are hereby added to the Agreement to read as follows "3 14 City will pay to GHP on or before January 1,2019,the sum of one thousand dollars($1000), City will pay to GHP on or before February 1,2019,the sum of one thousand dollars($1000), and City will pay to GHP on or before March 1, 2019, the sum of one thousand dollars ($1000) 3 1 5 City will pay to GHP a sum equal to 75% of the gross receipt for ticket sales to the Show between the dates of January 1, 2019 and March 31, 2019, in the manner set forth in section 3 1 3 of this Agreement" 1 L\ca\dim\Agreements\first Amendment to Production Agreement GNP docx Section 3 All other provisions of the Agreement shall remain unchanged by this First Amendment, and in effect IN WITNESS WHEREOF the parties have executed this First Amendment, to be effective as of December 18, 2018 GARNER HOLT PRODUCTIONS, INC , CITY OF REDLANDS a Califon a corporation By William Butler �wyv o��ri y o e an s Attest J ne Donaldson, City Clerk 2 L\ca\djm\Agreements\First Amendment to Production Agreement GHP docx