HomeMy WebLinkAbout11/19/2003 - STAFF REPORTS (30) FIFTH AMENDMENT TO MANAGEMENT AGREEMENT
This Fifth Amendment to the Management Agreement for the Pahn Springs Convention
Center ("Fifth Amendment") is made effective as of November 19, 2003, by and between SMG,
a Pennsylvania general partnership, ("Manager") and the City of Palm Springs, a California
municipal corporation("City").
RECITALS:
1. On or about April 1, 1992, Manager's predecessor-in-interest, Leisure
Management international, and the City entered into a management ageenrent for the Palm
Springs Convention Center("Management Agreement").
2. On or about August 1, 1994, the parties entered into the First Amendment to the
Management Agreement ("First Amendment"), whereby the parties agreed to extend the initial
term of the Management Agreement to July 31, 1998.
3. On or about April 15, 1998, the parties entered into the Second Amendment to
Management Agreement ("Second Amendment"), whereby the parties agreed to another
extension of the teen of the Management Agreement and further defined the duties of the parties
in the management, operation, promotion, and marketing of the "Facility."
4. On or about June 18, 2003, the parties entered into the Third Amendment to
Management Agreement ("Third Amendment") to extend the term of Management Agreement to
allow the parties to begin negotiating a new and restated agreement to supersede the
Management Agreement.
5. Due to the complexity of the issues involved, on or about October 1, 2003, the
parties entered into the Fourth Amendment to the Management Agreement ("Fourth
Amendment") to extend the term of the Management Agreement through November 30, 2003, to
allow the parties to continue negotiating the new agreement.
6. On November 4, 2003, three new members were elected to the City Council of the
City. The first City Council meeting for these new members will be held December 3, 2003. As
the new agreement may bind the City for up to ten years, the current City Council desires to
defer the consideration of this agreement to enable the new City Council to be seated. Manager
concurs with this desire. Accordingly, the parties desire to amend the Management Agreement
to extend the term for a period of thirty(30) days.
NOW, THEREFORE, for good and valuable consideration, the suPflciency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Term. The term of the Management Agreement is extended for thirty(30) days to
December 30, 2003 or until it has been superseded by the amended and restated agreement-
IV
1003/024/27954 01 Page 1 of 2
• _ �� �f
r=
2. Full Force and Effect. Except as set forth herein, every provision of the
Management Agreement and all amendments thereto, shall remain unmodified and in full force
and effect for the direction of the term as revised herein.
IN WITNESS WHEREOF, the parties have executed and entered into this Fourth
Amendment as of the date first written above.
CITY OF PALM SPRINGS, a municipal
corporation
By:
City Manager
ATTEST: SMG, a Pennsylvania general partnership
By:
City Cleric Name
Title
APPROVED AS TO FORM:
City Attorney
[END OF SIGNATURES]
2,
1003/024/27954 01 Page 2 of 2