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HomeMy WebLinkAboutClub One Casino - 6th Amendment to Fixed rate patron parking agreementd .= ^ou=z.o Lrl ocr .!¿LFroO-ø -o()ı ı #- t5- 387 s /zt /2orf SIXTH AMENDMENT TO FIXED RATE PATRON PARKING AGREEMENT (ctTY oF FRESNO/CLUB ONE CASINO, tNC.) THIS SIXTH AMENDMENT TO FIXED RATE PATRON PARKING AGREEMENT ("Amendment") between the CITY OF FRESNO ("City") and CLUB ONE CASINO, lNC. ("Club One") is effective as of July 1 , 2015. City and Club One are hereinafter 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 five times providing Club One with certain fixed rate patron parking in City's Garage No. 8, upon finding, determinations, terms and conditions therein; and WHEREAS, the Agreement expires on June 30,2015; 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 otherwise 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 workforce, customer and visitor activity and interest, reduction of physical blight/economic 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, 2016, subject to any earlier termination in accordance with the Agreement. 2. Section 9, sentence #3 of the Agreement is amended to read: Payments shall be remitted to the following address or at such other address as CITY may designate by written notice: SP Plus 2125 Kern Street, Suite 101 Fresno, C493721 3. Except as expressly modified and amended hereby, the Agreement and five previous amendments entered into by City and Club One, remain in full force and effect. lN WITNESS WHEREOF, the Parties have executed this Amendment No. 6 at Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal corporation CLUB ONE CASINO, INC. a California corporation Titte: (co / Sec ttf a rq Secretary or Assistant Secretary) BUSINESS: Club One Casino, lnc. Attention: Kyle Kirkland, President 1033 Van Ness Ave. Fresno, CA 93721 Phone: (559) 497-3000 FAX: (559) 237-2582 Tiile: /r¿ ( ì t['LL^ l'- ATTEST: YVONNE SPENCE, CMC City Clerk Deputy APPROVED AS TO FORM: Addresses: CITY: City of Fresno Attention: Del Estabrooke 2600 Fresno Street, Room 4019 Fresno, C493721 Phone: (559) 621-7275 FAX: (559) 457-1265 b/ s/aoß (h corporation or LLC, Board Chair, Pres. By: DOUGLAS T. SLOAN Deputy City Attorney