AMENDMENT NO. 2 TOPROFESSIONAL SERVICES AGREEMENTBETWEENTHE CITY OF SAN BERNARDINOAND ANAND PATEL (SB HOTEL NORTH LLC MOTEL 6)This Amendment No. 2 (“Amendment #2”) to the Professional Services Agreement is made and entered into as of April 2, 2025 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and Anand Patel (SB Hotel North LLC Motel 6) (a corporation with its principal place of business at 1960 Ostrems Way, San Bernardino, California 92410) (“Owner”). City and Owner are sometimes referred to herein individually as a “Party” and collectively as “Parties”.RECITALSA. The Parties entered into an agreement dated March 20, 2024, for the purpose of providing interim emergency shelter motel rooms to be used by individuals experiencing homelessness (“Agreement”); andB. The Parties entered into Amendment No. 1 dated November 20, 2024, to increase the number of motel rooms and beds, and extend the term of the Agreement to December 31, 2026, for the continued performance of the services; andC. However, due to an administrative error, the executed version of Amendment No. 1 contained incorrect budget amounts that were not aligned with the version presented to and approved by the City Council.D. The Parties now desire to formally terminate Amendment No. 1 and enter into this Amendment No. 2, which supersedes and replaces Amendment No. 1 in its entirety, incorporating the updated budget amounts and provisions. NOW, THEREFORE, the Parties mutually agree as follows:AGREEMENT1. Incorporation of Recitals. The recitals listed above are true and correct, and are hereby incorporated herein by this reference.2. Termination of Amendment No. 1. The Parties mutually agree that Amendment No. 1, dated November 20, 2024, is hereby terminated in its entirety and shall have no force or effect. All references to Amendment No. 1 in the Agreement or any related documents shall be considered null and void.
3. Rate Schedule. Exhibit B of the original Agreement and Amendment No. 1 is hereby deleted in its entirety and replaced with Exhibit B-1, attached hereto and incorporated herein by reference.4. Continuing Effect of Agreement. Except as amended by this Amendment #2, all provisions of the shall remain in full force and effect, and shall govern the actions of the Parties under this Amendment #2. Whenever the term “Agreement” appears in the original Agreement from and after the date of this Amendment #2, it shall mean the Agreement as amended by this Amendment #2.5. Electronic Transmission. A manually signed copy of this Amendment #2 which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment #2 for all purposes. This Amendment #2 may be signed using an electronic signature.6. Counterparts. This Amendment #2 may be signed in counterparts, each of which shall constitute an original.[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FORAMENDMENT NO. 2 TOPROFESSIONAL SERVICES AGREEMENTBETWEENTHE CITY OF SAN BERNARDINOANDANAND PATEL (SB HOTEL NORTH LLC MOTEL 6)IN WITNESS WHEREOF, the Parties hereto have executed this Amendment #2 on the Effective Date.CITY OF SAN BERNARDINOAPPROVED BY:GallardoInterim City Manager Attested By: City ClerkAPPROVED AS TO FORM:Best Best & Krieger LLPCity Attorney ANAND PATEL (SB HOTEL NORTH LLC MOTEL 6)Anand PatelOwner
Exhibit B-1Rates ScheduleThe following rate schedule is a projection of anticipated spending and not a commitment. The City will only pay for rooms as needed based on the quoted room rate of $70 a night for a single room and $80 a night for a double room not including the appropriate tax. Motel 6 (Updated Rate Schedule)MonthNumber of Single RoomsRATE 1Number of Double RoomsRATE 2NightsCost of Single Rooms Per MonthCost of Double Rooms Per MonthProgram Cost per Month12070408030 $ 42,000.00 $ 96,000.00 $ 96,000.00 2 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.0032070408030 $ 42,000.00 $ 96,000.00 $ 96,000.004 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.0052070408030 $ 42,000.00 $ 96,000.00 $ 96,000.0062070408030 $ 42,000.00 $ 96,000.00 $ 96,000.007 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.0082070408030 $ 42,000.00 $ 96,000.00 $ 96,000.009 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00102070408030 $ 42,000.00 $ 96,000.00 $ 96,000.0011 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.001220704Ame0806 $ 8,400.00 $ 19,200.00 $ 19,200.00 $ 1,075,200.00 NOT TO EXCEED TOTAL ANNUAL AMOUNT $ 1,075,200.00American Rescue Plan Act: $973,500Community Development Block Grant Coronavirus: $101,700Total Number of Single Rooms: 20Total Number of Double Rooms: 40Total Number of Beds: 100