1 Pacific Towing Inc. Amendment Four
CITY OF FULLERTON AMENDMENT NUMBER FOUR TO NON-EXCLUSIVE FRANCHISE AGREEMENT FOR POLICE TOWING SERVICES WITH PACIFIC TOWING INC. This Amendment Number Four to Non-Exclusive Franchise Agreement for Police Towing Services (“Amendment”) is made and entered into this 1st day of March, 2022 (“Effective Date”) by and between the CITY OF FULLERTON, a California municipal corporation (“City”) and PACIFIC TOWING INC., a California corporation (“Operator”). WHEREAS, on January 18, 2021, City and Operator entered into an agreement for Operator to provide police towing services (the “Agreement”); and WHEREAS, on July 16, 2021, City and Operator extended the term of the Agreement through August 17, 2021; and WHEREAS, on August 3, 2021, City’s City Council authorized extending the term of the Agreement for six (6) months; and WHEREAS, on August 16, 2021, City and Operator extended the term of the Agreement through February 17, 2022; and WHEREAS, on February 10, 2022, City and Operator extended the term of the Agreement through March 17, 2022; and WHEREAS, City and Operator now desire to extend the term of the Agreement through June 30, 2025, and provide the option for the City to extend the term for one (1) additional two (2) year period. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Section 3.0 (Term of Agreement) shall be amended to read as follows: The term of this Agreement will commence on the Effective Date, and will remain in effect through June 30, 2025, unless terminated sooner as provided herein. Thereafter, City shall have the option, in its sole discretion, to extend the term for one (1) additional (2) year period. City shall provide notice of intent to exercise the extension option in writing and deliver such notice to Operator at the address provided in Section 13.20. Such extension shall be reflected by a written amendment to this Agreement.
2 Pacific Towing Inc. Amendment Four
2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement. 3. All terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written. CITY OF FULLERTON Date: _________________________ Jeffrey Collier Acting City Manager OPERATOR Date: _________________________ Naji Feghali Owner APPROVED AS TO FORM: Richard D. Jones City Attorney ATTEST: Lucinda Williams City Clerk