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FIFTH AMENDMENT TO FIXED RATE PATRON PARKING AGREEMENT
(CITY OF FRESNO/CLUB ONE CASINO. INC.)
THIS FIFTH AMENDMENT TO FIXED RATE PATRON PARKING AGREEMENT
("Amendment") between the CITY OF FRESNO ("City") and CLUB ONE CAS¡NO, lNC. ("Club
One") is effective as of July 1, 2014. City and Club One are hereinefter collectively referred to
as the "Parties."
RECITALS
WHEREAS, City and Club One entered into a Fixed Rate Patron Parking Agreement
("Agreement"), dated July 1, 2009, and was amended previously four times providing Club One
with certain fixed rate patron parking in City's Garage No. 8, upon finding, determinations, terms
and condítions therein; and
WHEREAS, the Agreement expires on June 30, 2014; and
WHEREAS, Club One has requested that the City continue to make available to its
patrons parking on a fixed rate basis in lieu of othenruise applicable Master Fee Scheduled
("MFS') Rates; and
WHEREAS, City finds and determines based upon the underlying Staff Report and the
record in this matter incorporated herein, that continuing to provide Club One with fixed rate
parking upon the terms and conditions herein is in furtherance of the public interest and
contributes to revitalization/reinvigoration of Fulton Mall and environs through increased
worforce, customer and visitor activity and interest, reduction of physical blighVeconomic
deterioration, an increase in private sector investment and related tax base expansion, all in
furtherance of the Downtown Revitalization Plan; and
WHEREAS, the Parties desire to extend the Agreement, upon the terms and conditions
herein.
AGREEMENT
NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended as
follows:
1. The term of the Agreement is extended to June 30,2015, subject to any earlier
termination in accordance with the Agreement.
2. Except as expressly modified and amended hereby, the Agreement and four
previous amendments entered into by City and Club One, remain in fullforce and effect.
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lN WITNESS WHEREOF, the Parties have
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
executed this Amendment No. 5 at Fresno,
CLUB ONE CASINO, INC.
a California corporation
By
Pr¿J t rla,,k
Title
Title
ATTEST:
WONNE SPENCE
City Clerk
Name
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
Title
By
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By
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Deputy