HomeMy WebLinkAbout5/5/2004 - STAFF REPORTS (24) FIFTH AMENDMENT TO AGREEMENT
FOR TOURISM SERVICES
This Fifth Amendment ("Fifth Amendment") is made and entered into this 5"' day of
May, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City")
and SMG, a Pennsylvania general partnership ("Manager").
RECITALS
A. On or about April 15, 1998, City and LMI/HHI, Ltd., a Texas limited partnership
("LMI") entered into the "Agreement for Tourism Services" ("Agreement"), pursuant to
which LMI agreed to organize, manage and coordinate all advertising, licensing,
marketing and public relation activities that promote the City for recreational, cultural,
educational, entertainment, professional, social, corporate and other activities.
B. On or about April 5, 2000, City approved LMI's assigmnent of LMI's duties and
obligations under the Agreement to Manager.
C. The original tern of the Agreement was five (5)-years, such that the original Agreement
would have expired on June 30, 2003.
D. On June 18, 2003, City and Manager entered into the "First Amendment to Agreement
for Tourism Services" ("First Amendment"), which extended the term of the Agreement
for ninety(90) days, to allow the parties to begin negotiating a new agreement.
E. On October 1, 2003, City and Manager entered into the "Second Amendment to the
Agreement for Tourism Services" ("Second Amendment"), which extended the tern of
the Agreement an additional sixty (60) days, to allow the parties to continue negotiating
the new agreement.
F. On December 3, 2003, City and Manager entered into the "Third Amendment to the
Agreement for Tourism Services" ("Third Amendment"), which extended the term of the
Agreement, once again, to allow the parties to continue negotiating the new agreement.
G. On March 3, 2004, City and Manager entered into the "Fourth Amendment to the
Agreement for Tourism Services" ("Fourth Amendment"), which extend the term of the
Agreement, until June 2, 2004, to allow the-parties to continue negotiating.
H. City and Manager are continuing to negotiate the new agreement in good faith. However,
due to the complexity of the issues involved and the parties' mutual desire to restructure
each party's obligations and responsibilities in the new agreement, the parties do not
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believe that they will be able to complete their negotiations prior to the current expiration
date as set forth in the Fourth Amendment.
I. City and Manager desire to extend the term of the Agreement for an additional One
Hundred and Twenty (120) days to enable the parties to complete their negotiations and
finalize a new agreement.
AGREEMENT
The recitals contained above are incorporated herein by reference and the Agreement is
hereby amended as follows:
1. Section 5.3 "Term" is amended to read as follows:
"5.3 Tenn. The term of this Agreement shall extend to
October 6, 2004, unless earlier terminated in accordance with
Section 9.7 or 4.2 of this Agreement, or until this Agreement has
been superceded by an amended and restated agreement."
2. Except as expressly provided herein, all other teens and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties ,hereto executed this Fifth Amendment to be
effective 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 Clerk Name
Title
APPROVED AS TO FORM:
City Attorney
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