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AMENDMENT NO. 1
TO THE FONTANA SKATE PARKS RETAIL/PRO-SHOP AND CONCESSIONS
OPERATING AGREEMENT
BETWEEN
THE CITY OF FONTANA
AND
ACTION PARK ALLIANCE, INC.
1. Parties and Date.
This Amendment No. 1 to the Fontana Skate Parks Retail/Pro-Shop and Concessions Operating Agreement is made and entered into as of this 9th day of May, 2023, by and between the City of Fontana (“City”) and Action Park Alliance, Inc., a corporation with its principal place of business at 6824 S. Centinel a Avenue, Los Angeles, California 90230 (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled “Fontana Skate Parks Retail/Pro-Shop and Concessions Operating Agreement dated July 1, 2018 (“Agreement”) for the purpose of retaining the services of Contractor to Operate and Manage Skate Parks.
2.2 Amendment Purpose . The City and Contractor desire to amend the Agreement to extend the Term of this Agreement.
3. Terms.
3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as follows:
1.1 Term. The term of this Agreement shall commerce on July 1, 2023 through June 30, 2024 unless terminated as provided herein (“Term”).
1.2 Option to Extend. The City may, in its sole discretion, renew the Term of the Agreement for up to four (4) additional one-year periods (not to extend beyond June 30, 2028) upon providing written notice to Action Park Alliance at least sixty (60) days prior to the expiration of the then Term.
3.2 Amendment. Section 4 of the Agreement is hereby amended to add the following:
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4.1 Management Fee Schedule. The City shall pay APA an annual management fee for YEAR 6 (FY 2023-2024) $421,380.
3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]
16498.00150\32127016.1
SIGNATURE PAGE FOR AMENDMENT NO. 1
BETWEEN THE CITY OF FONTANA
AND ACTION PARK ALLIANCE, INC.
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
ACTION PARK ALLIANCE, INC.
By:
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Ramon Ebert
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
By: __________________________
Daniel Schneider
Community Services Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES
_______________________________
Jessica Brown
Chief Financial Officer
Purchasing Office