EXHIBIT 10.16
SAN BERNARDINO COUNTY
REGIONAL PARKS DIVISION
RENAISSANCE PLEASURE FAIRE
SEVENTH AMENDMENT OF LICENSE
This amendment of license ("Amendment") is made between the County of San
Bernardino, hereinafter referred to as "COUNTY", whose address is 000 X. Xxxxxx
Xxxxxx, Xxx Xxxxxxxxxx, XX 00000-0000, and RENAISSANCE ENTERTAINMENT
CORPORATION, a Colorado corporation hereinafter referred to as "RENAIISSANCE
ENTERTAINMENT CORPORATION" or as "LICENSEE", whose address for the purposes of
this Amendment is 000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000.
1. RECITALS: This seventh Amendment is made with reference to the following
facts and objectives:
COUNTY, as licensor and the LIVING HISTORY CENTRE, a California
not-for-profit Corporation, hereinafter referred to as the "LIVING HISTORY
CENTRE", whose address is X.X. Xxx X, Xxxxxx, XX 00000, as licensee, entered
into a written license, COUNTY Contract No. 90-118, dated January 22, 1990 (the
"LICENSE), in which COUNTY licensed to the LIVING HISTORY CENTRE a portion ("Use
Area") of Xxxx Xxxxx Regional Park ("Park") located in the County of San
Bernardino, California, as described in Exhibit "B" attached to the LICENSE and
made a part thereof, to hold a living history celebration called the
"Renaissance Pleasure Faire" (the "FAIRE"). The LICENSE was amended on September
30, 1991 by Contract Amendment No. 00-000 X-0, on October 19, 1992 by Contract
Amendment No. 00-000 X-0, on January 24, 1995 by Contract Amendment No. 00-000
X-0, on June 11, 1996 by Contract Amendment No. 00-000 X-0, on January 27, 1998
by Contract Amendment No. 90-118 A-5, and again on February 23, 1999 by Contract
Amendment No. 90-118 A-6. The amendment of January 24, 1995, Contract Amendment
No. 90-118 A-3 also provided for the first assignment of the LICENSE, from the
LIVING HISTORY CENTRE to RENAISSANCE PLEASURE XXXXXX. The amendment of June 11,
1996, Contract Amendment No. 90-118 A-4 also provided for the assignment of the
LICENSE, from the RENAISSANCE PLEASURE XXXXXX to the RENAISSANCE ENTERTAINMENT
CORPORATION.
2. AMENDMENTS TO LICENSE:
a) The parties agree that the LICENSE is extended for an additional one
year term in 2000, consisting of eight (8) weekends, commencing the
weekend of May 6 and 7, 2000 through and including June 24 and 25,
2000, and Memorial Day (all open to the general public), and May 19
(school day, not open to he general public). Notwithstanding anything
in this LICENSE to the contrary. LICENSEE shall NOT have any option to
extend the term of the LICENSE for an additional weekend even if the
FAIRE is officially closed due to rain or other good cause on or
before noon of any day.
b) In Xxxxxxxxx 0, XXXX OF LICENSE, Subparagraph C, SET UP, ADD a
reference for LICENSEE being allowed access to the Use Area for set up
on February 21, 2000. In preparation for taking possession on February
21: Set up of power poles and lines may begin on February 16, 2000,
within the same guidelines established in the installation process in
1997; access to upper Lot 3 and administration building may begin on
February 16, 2000.
c) In paragraph 1, TERM OF LICENSE, Subparagraph D, TAKE DOWN, ADD a
reference for LICENSEE being allowed access to the Use Area for take
down no later that Friday, July 7, 2000.
d) In paragraph 2, USE AREA, Subparagraph A, DELETE exiting Exhibit B and
SUBSTITUTE the attached as a new Exhibit B identifying the Use Area,
subject to the provisions of this Amendment.
e) In Paragraph 3, USE FEE, Subparagraph B, Additional Terms, ADD a
reference for 2000 or year 11-4.00% of gross revenues, with a
guaranteed minimum of $150,000 on use fees paid to COUNTY.
f) ADD the following as a new subparagraph 3.E (2). To Paragraph 3, USE
FEE, subparagraph E, DAMAGES/CLEAN UP DEPOSIT:
(2) The damage and clean up deposit for the 2000 FAIRE shall be
fifteen thousand dollars ($15,000).
g) In paragraph 3, USE FEE, Subparagraph F, METHOD AND TIME OF PAYMENT,
Subparagraph F(2) ADDITIONAL TERMS, ADD a payment schedule for 2000 as
follows:
Wednesday, May 17, 2000 $50,000
Wednesday, May 31, 2000 $50,000
Wednesday, June 21, 2000 $50,000
December 6, 2000 Remainder of balance of 4.00% of gross
h) In paragraph 3, USE FEE, Subparagraph H, ACCOUNTING REPORT, ADD a
reference to submit the financial statement for 2000 on September 8,
2000.
i) In paragraph 5, WALK-THROUGH, Subparagraph A, PRE-FAIRE INSPECTION,
ADD the date of Monday, February 21, 2000.
j) In paragraph 5, WALK-THROUGH, Subparagraph B, PUBLIC USE AREA TRASH,
LITTER, EQUIPMENT REMOVAL INSPECTION, ADD the date of Thursday, July
6, 2000.
k) In paragraph 5, WALK-THROUGH, Subparagraph B, USE AREA TRASH, LITTER,
EQUIPMENT REMOVAL AND GROUNDS RESTORATION INSPECTION, ADD the date of
July 31, 2000. Additionally in the event the Use Area is not
completely restored by the July 31, 2000 walk-through; the LICENSEE
shall pay COUNTY Fifty Dollars ($50.00) per day until such restoration
is complete.
l) In paragraph 14, INSURANCE AND INDEMNIFICATION, Subparagraph B, ADD
the date of Thursday, February 3, 2000 to the list of dates in the
second sentence.
m) CHANGE that portion of subparagraph 22.A (1) OFF SEASON STORAGE, which
now reads "...no later than March 31,2000." to read"...no later than
August 31, 2000."
n) Paragraph 25, NONCOMPETITION AND SCHEDULING OF OTHER EVENTS,
Subparagraph A, that portion of the second sentence stating "...until
December 31, 1999..." SHALL BE REVISED TO READ "...until December 31,
2000...."
o) Paragraph 25, NONCOMPETITIION AND SCHEDULING OF OTHER EVENTS,
Subparagraph B, that portion of the last sentence stating "...after
January 1, 2000..." SHALL BE REVISED TO READ "...after January 1,
2001..."
p) DELETE Subparagraph 26A(2.)(A)(4.) in its entirety.
3. Except as modified by this agreement, all provisions of Contract No.
90-118, including amendment A-1 through A-6; remain in full force and
effect.
4. This amendment shall be effective when approved by both parties.
IN WITNESS WHEREOF, the parties hereto have caused their respective names to be
hereunto subscribed by their respective proper officer hereto duly authorized.
COUNTY OF SAN BERNARDINO RENAISSANCE ENTERTAINMENT CORPORATION
By: By:
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Xxxx X. Xxxxxx, Chairman Title:
Board of Supervisors ------------------------
Date: Date:
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Signed and certified that a copy of this
document has been delivered to the
Chairman of the Board by Xxxxxxx Xxxxxx
Clerk of the Board of Supervisors of the
County of San Bernardino
By:
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Date:
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APPROVED AS TO LEGAL FORM
XXXX X. XXXXX, County Counsel
By:
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Xxxxx Xxxx, Deputy
Date:
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