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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. Ill Ill Ill Ill Ill [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: J: \wdocs\O 1265\001\agt\00144420. DOC 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: ________ _