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SECOND AMENDMENT TO MANAGEMENT AGREEMENT
THIS SECOND AMENDMENT TO MANAGEMENT AGREEMENT ( Second
Amendment) made and entered into as of this ______ day of ___________, 20 25, amends the 2020 Management Agreement between the City of Fresno, a municipal corporation (City) and ASM Global Fresno, LLC, a Delaware limited liability company (ASM).
RECITALS
WHEREAS, the City and ASM are parties to that certain 2020 Management Agreement, effective June 11, 2020, (the Management Agreement), pursuant to which ASM provides City with management services, including operations and marketing services, for the Fresno Convention and Entertainment Center (Services); and WHEREAS, the First Amendment of the Agreement was executed on November 22, 2021, to waive the annual financial statement for Fiscal Year 2020-21 in response to the COVID-19 impacts on service; and
WHEREAS, the term of the Management Agreement is effective for a period of five years from the Effective Date of the Agreement; and
WHEREAS, the City has solicited a Request for Qualifications (RFQ) for a multi- year contract for m anagement services of the Fresno Convention and Entertainment Center (FCEC); and
WHEREAS, the completion of RFQ process will extend beyond the current contract term with ASM; and
WHEREAS, the City and ASM mutually agree to continue the Management Agreement for an additional six months through December 11, 2025, to accommodate the completion of the RFQ process.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows:
1. Recitals. The foregoing Recitals are incorporated by reference into this Second Amendment.
2. Management Term. The term of this Agreement shall be extended for a period of six months terminating December 31, 2025.
3. Management Fee . The annual Management Fee, subject to an annual adjustment per Section 4.1 of the Management Agreement, shall be prorated for the six- month term and payable to ASM in equal monthly installments.
4. Exhibits. This Second Amendment contains zero exhibits.
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5. Except as otherwise provided herein, the Agreement entered into by the City and ASM, dated June 11, 2020, remains in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Christine C. Charitar Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Deputy
ASM,
a Delaware limited liability
company
By: ____
Name: _________________________
Title: ___________________________
(If corporation or LLC, Board
Chair, Pres. or Vice Pres.)
By: __________
Name:
Title:
(If corporation or LLC, CFO,
Treasurer, Secretary, or Assistant
Secretary)