HomeMy WebLinkAbout10/1/2003 - STAFF REPORTS (11) SECOND AMENDMENT TO AGREEMENT
FOR TOURISM SERVICES
This Second Amendment ("Second Amendment") is made and entered into this
day of September, 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,
promotional, marketing and public relation activities that promote the City as an
attractive locale for recreational, cultural, educational, entertainment, professional, social,
corporate and other activities.
B. On or about March 16, 2000, LMI notified City of a change of ownership interest and
requested that the City approve the assignment of LMI's duties and obligations Under the
Agreement to Manager.
C. On or about April 5, 2000, the City approved LMI's assignment to Manager.
D. In accepting the assignment of the Agreement, Manager assumed full responsibility to
provide those services specified in the Agreement to be provided by LMI.
E. The term of the Agreement was for a five (5)-year period expiring on June 30, 2003.
F. On June 18, 2003, the City and Manager entered into the "First Amendment to
Agreement for Tourism Services" ("First Amendment") to extend the term of the
Agreement for ninety (90) days to allow the parties to negotiate a new agreement.
G. City and Manager are continuing to negotiate the new agreement in good faith. Due to
the complexity of the issues involved, the parties do not believe that they will be able to
complete their negotiations prior to the expiration of the First Amendment.
H. City and Manager desire to extend the term of the Agreement for an additional sixty (60)
days to enable the parties to complete their negotiations and finalize a new agreement.
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1003/002/26364.01 Page 1 of 2
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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 be hereby
extended to November 30, 2003, 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 full 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
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1003/002/26364.01 Page 2 of 2
MINUTE ORDER NO.
APPROVING THE SECOND AGREEMENT
FOR TOURISM SERVICES BETWEEN THE
CITY OF PALM SPRINGS AND SMG WHICH
EXTENDS THE EXISTING
AGREEMENT FOR SIXTY DAYS TO
NOVEMBER 30, 2003 TO ENABLE
FINALIZATION OF NEW AGREEMENT
I HEREBY CERTIFY that this Minute Order approving the Second Agreement for Tourism
Services Between the City of Palm Springs and SMG which extends the existing agreement
for sixty (60) days to November 30, 2003 to enable finalization of a new agreement was
adopted by the City Council of the City of Palm Springs, California in a meeting thereof held
on the day of 2003.
Patricia A. Sanders
City Clerk