HomeMy WebLinkAboutFresno Chaffee Zoo Corporation - Lease - Amdt. No. 1IN\
I /80/ 07
AMENDMENT NO. 1
TO
LEASE AGREEMENT
BETWEEN
CITY OF FRESNO
AND
FRESNO'S CHAFFEE ZOO CORPORATION
This AMENDMENT NO. 1 to Jp e Lea se Agreement, hereinafter referred to as
Amendment No. 1, effective as of {rtard. I 5" 1 , 2007 , is entered by and
between the CITY OF FRESNO, California, a municipal corporation, ("City"), and
FRESNO'S CHAFFEE ZOO CORPORATION, a privately created California public
benefit corporation ("Corporation").
WITNESS ETH
WHEREAS, City and Corporation are parties to a January 1, 2006, Lease
Agreement, as amended, hereinafter referred to as the "Lease," wherein City leases to
the Corporation the Fresno Chaffee Zoo for the purposes of operation and maintenance
of the Zoo for the benefit of the Fresno region; and
WHEREAS, the parties desire to amend the Lease to modify the Zoo's obligation
to supply property insurance on certain Zoo property.
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature and incorporated herein by reference, the mutual covenants herein
contained and such other further consideration as is hereby acknowledged, and subject
to the terms and conditions and provisions hereof, the parties agree that the Lease be
amended as follows:
1. Paragraph "C" of Section 16 of the Lease, entitled "Property Insurance," is
amended to read as follows:
"C. Property Insurance. Corporation shall provide property insurance
coverage for all of its assets, including vehicles, and for both the City
Improvements and the Zoo Improvements. City in its discretion may
provide property insurance coverage for the City Improvements, and may
elect to be self-insured for such coverage."
2. All terms not defined herein shall have the meaning provided in the Lease.
3. In all other regards, the Lease shall be and remain in full force and effect.
4. This Amendment No. 1 may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which, together, shall
constitute one and the same instrument.
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[Signatures follow on next page]
I
IN WITNESS WHEREOF, the parties have executed this Amendment
No. 1 as of the date and year first written above.
CITY OF FRESNO
A California Municipal Corporation
By ~-----
City Manager
ATTEST:
REBECCA E. KUSCH
City Clerk
By:~~
APPROVED AS TO FORM:
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2
By -\'-,.0,.~L.X..l..~~~,4',J"'*"'-~
ewis Greene
Executive Director
APPROVED AS TO FORM:
LOZANO SMITH
By:~ ,(JZJ2_
co FO FRESNO'S
CHAFFEE ZOO CORPORATION
.. ** NO RETURN **
January 31, 2007
TO: MAYOR ALAN AUTRY
FROM: REBECCA E. KUSCH, CMC
City Clerk
Council Adoption: 1/30/07
Mayor Approval:
Mayor Veto:
Override Request:
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 1/30/07, Council took legislative action entitled Appv 1st amndmnt
to Lease Agreement w/Fresno's Chaffee Zoo Corporation, Item No. 1 M, by the following
vote:
Ayes
Noes
Absent
Abstain
Calhoun, Dages, Duncan, Sterling, Westerlund, Xiong, Perea
None
None
None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before February 12, 2007. In computing the ten day period required by Charter, the first
day has been excluded and the tenth day has been included unless the 1 oth day is a
Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
************************************************************
APPROVED:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Alan Autry, Mayor
COUNCIL OVERRIDE ACTION:
Ayes
Noes
Absent
Abstain
Date : ---------
Date: ________ _