HomeMy WebLinkAboutLyft - 1st Amdt to Agrmt dated 2/26/2016 - for Airport Permit and Concession AgrmtAMENDMENT NO. 1 TO
NON.EXCLUSIVE TRANSPORTATION NETWORK COMPANY
AIRPORT PERMIT AND CONCESSION AGREEMENT
BETWEEN
CITY OF FRESNO
AND
LYFT, tNC.
A Delaware Corporation
AMENDMENT NO. 1 TO THE NON-EXCLUSIVE TRANSPORTATION NETWORK COMPANY
AIRPORT PERMIT AND CONCESSION AGREEMENT ("Amendment"), is made and entered
into as of the L'L day of lVlon .lo ,2016, by the City of Fresno, California, a
municipal corporation (hereinafter "City"), and Lyft, lnc., a corporation organized and existing
under the laws of the state of Delaware ("Permittee" or "Concessionaire" or "Designated TNC").
RECITALS
WHEREAS, the parties entered into an Agreement for the operation by
Permittee/Concessionaire of a non-exclusive Transportation Network Company at the Airport at
no cost under the term of this agreement dated February 26,2016 ("Agreement");
WHEREAS, Permittee/Concessionaire provided a waiver of subrogation to the City, which
excluded City's negligence ;
WHEREAS, City's Risk Management policies require Permittee/Concessionaire's waiver of
subrogation include City's negligence.
WHEREAS, the Parties desire to amend the Agreement for the purpose of amending Section
9.02: Default by Permittee/Concessionaire;
NOW, THEREFORE, in consideration of the mutual promises herein, it is hereby agreed as
follows:
AGREEMENT
1. Article lX, Section 9.02(AX3) of the Agreement shall 'oe amended to include the following:
(e) lf Permittee/Concessionaire's employees enter onto the Airport within the course and
scope of their employment. However, City may waive the above default, in a writing in a
form approved by the City Attorney's Office, prior to Permittee/Concessionaire's
employees entering onto the Airport.
ln the event of any conflict between the body of this Amendment and any Exhibit or
Attachment hereto or document referenced herein, the terms and conditions of the body of
this Amendment shall control and take precedence over the terms and conditions expressed
within the Exhibit, Attachment or document referenced. Furthermore, any terms or
conditions contained within any Exhibit, Attachment hereto or document referenced herein
which purpoÍ to modify the allocation of risk between the parties, provided for within the
body of this Amendment, shall be null and void.
All capitalized terms not othenruise defined herein shall have the meaning ascribed to such
terms in the Agreement.
Except as amended herein, the Agreement shall be and remain in full force and effect.
2
3.
4.
ilt
ilt
Page 1 of 2
lN WITNESS WHEREOF, Permittee/Concessionaire has caused this Amendment No. 1 to be
executed by its duly authorized officer, and City has caused the same to be executed by its duly
authorized person(s)/officer(s), all as of the day and year first above written.
CITY OF FRESNO, CALIFORNIA
A Municipal Corporation
By: By:
Director of Aviation Title
Address for Notice:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
ATTEST:
Yvonne Spence, CMC
City Clerk
.
LYFT, tNC.
A Delaware Corporation
By:
By: b
APPROVED AS TO FORM:
Douglas T. Sloan
andon Collet, Deputy
ril", (^vNv-f¿toÇ:ø\ , L€o(or
Assistant Secretary)
Address for Notice:
Lyft, lnc.
Attn: Bakari Brock
2300 Harrison Street
San Francisco, CA 94110
Phone: ( )
Page 2 of 2