HomeMy WebLinkAboutFresno Clovis Convention Visitors Bureau and SMG 1st Amdt. to Agmt July 1 2014ls-tlls
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FIRST AMENDMENT TO AGREEMENT
(Extension of Term)
THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") effective July 1,
2015, amends the Agreement entered into between the CITY OF FRESNO, a municipal
corporation organized and existing under the laws of the State of California ("ClTy"), the
FRESNO/CLOVIS CONVENTION & VISITORS BUREAU, a California nonprofit mutuat
benefit corporation ("FCCVB"), and SMG, a Pennsylvania general partnership ("SMG').
CITY, FCCVB, and SMG may be referred to herein collectively as "PARTIES," or
individually as a "PARTY."
RECITALS
A. The PARTIES entered into an Agreement, dated July 1,2014, forthe funding of a
Sales Manager position, working as an employee of FCCVB, to increase bookings
and generate hotel room rentals from city-wide conventions/events utilizing Fresno
Convention & Enterlainment Center ("FCEC') facilities.
B. By its terms, the original term of the Agreement expired on June 30, 2O1S; the
Agreement may be renewed for up to two (2) one-year terms at the mutual
concurrence of the PARTIES, providing that funding is appropriated by the City
Council of the City of Fresno.
C. The PARTIES now desires to extend the term of the Agreement by two (2) years,
covering Fiscal Years 2015-16 and 2010-17.
D. The CITY has appropriated $100,000 in the Convention Center budget to fund the
position for Fiscal Year 2015-16; and the Fiscal Year 2016-17 extension remains
subject to the CITY appropriating funds for that year.
E. Paragraph 11 of the Agreement provides that the Agreement may be amended or
othenruise modified in a writing signed by the parties.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual premises herein contained, and for other good and
valuable consideration hereby acknowledged, the parties agree that the aforesaid
Agreement be amended as follows:
1. The Agreement term, as set forth in Subsection (a) of Section 5 of the
Agreement, is hereby extended by two (2) years commencing upon the expiration of the
original term and shall now expire on June 30,2017.
2. Except as otheruvise provided herein, the Agreement entered into by the
PARTIES, effective July 1 ,2014, remains in full force and effect.
4. This First Amendment contains no exhibits.
[SIGNATURES ON NEXT PAGE]
lN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno,
California, the day and year first above written.
CITY
CITY OF FRESNO, a Municipal
Corporation
ATTEST:
YVONNE SPENCE, CMC
City Clerk
SMG
SMG, a Pennsylvania general partnership
FGCVB
FRESNO/CLOVIS CONVENTION &
VISITORS BUREAU, a California nonprofit
mutual benefit corporation
BY:
Deputy fvt,<to ** rrî.åù;rt*P."
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: Tf\'7'z'Ib
Deputy
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2
ruce Rudd General Manager