HomeMy WebLinkAbout11/19/2003 - STAFF REPORTS (15) THIRD AMENDMENT TO AGREEMENT
FOR TOURISM SERVICES
This Third Amendment("Third Amendment") is made and entered into this day of
November, 2003, 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 assignment of LMI's duties and
obligations under the Agreement to Manager.
C. The original term 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 term of
,the Agreement an additional sixty (60) days, to allow the parties to continue negotiating
the new agreement.
F. 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
believe that they will be able to complete their negotiations prior to the current expiration
date as set forth in the Second Amendment.
G. City and Manager desire to extend the tern of the Agreement for an additional ninety
(90) days to enable the parties to complete their negotiations and finalize a new
agreement.
1003/002/27823.01 Page 1 of 2
AGREEMENT
The recitals contained above are incorporated herein by reference and the Agreement is
hereby amended as follows:
1. Section 5.3 "Tenn" is amended to read as follows:
"5.3 Term. The term of this Agreement shall extend to
February 28, 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 terms and conditions of the
Agreement shall remain in Rill force and effect.
IN WITNESS WHEREOF, the parties hereto executed this First 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
1003/002/27823.01 Page 2 of 2
MINUTE ORDER NO.
APPROVING AMENDMENT 3 TO
AGREEMENT 3964 FOR TOURISM
SERVICES BETWEEN THE CITY OF
PALM SPRINGS AND SMG, TO
EXTEND THE TERM OF THE
AGREEMENT FOR AN ADDITIONAL
NINETY (90) DAYS TO FINALIZE A
NEW AGREEMENT.
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I HEREBY CERTIFY that this Minute Order, approving Amendment 3 to
agreement 3964 for Tourism Services between the City of Palm Springs and
SMG, to extend the term of the agreement for an additional ninety(90) days to
finalize a new agreement, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 19'h day of November, 2003.
PATRICIA A. SANDERS
City Clerk
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