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HomeMy WebLinkAboutContract 0895-7 FOURTH AMENDMENT TO VEHICLE TOW SERVICE FRANCHISE AGREEMENT WITH SOUTHWEST TOWING INC. This Fourth Amendment to Vehicle Tow Service Franchise Agreement ("Fourth Amendment") is hereby entered into of this 21=, day of April 2023, by and between the City of Cathedral City, a California municipal corporation, ("CITY")and Southwest Towing Inc., a California corporation ("Contractor"), as follows: RECITALS The parties previously entered into that Vehicle Tow Service Franchise Agreement on January 15, 2014, inclusive of previously amended three times ("Original Tow Agreement") which will expire on May 1, 2023. City is currently undertaking an amendment to its towing franchise ordinance and form vehicle tow service agreements which process is anticipated to be completed within one hundred twenty (120) days. The parties desire to amend and extend the term of the Original Tow Agreement for an additional one hundred twenty (120) days. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein,the Parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement and Amendments, as follows: 1. TERM. Section 2 of the Original Tow Agreement is hereby amended to extend the term by one hundred twenty (120) days. 2. GENERAL PROVISIONS. a) Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Original Tow Agreement remains in full force and effect and binding upon the parties. b) Integration. This Fourth Amendment constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Fourth Amendment. c) Authority. The persons executing this Fourth Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Fourth Amendment on behalf of said parties. d) Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment. RIV#4878-3639-2014 v 1 e) References. All references to the Original Tow Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Original Tow Agreement, unless expressly stated to the contrary in this Fourth Amendment. IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment on the date first indicated above. CITY OF CATHEDRAL Charles McClendon, City Manager SOUTHWEST TOWING, INC. yl-s ATTEST: APPROVED AS TO FORM: A u . ' 240f . Ala &t 41 - _ _ . ' -z, ity Clerk Eric S. Vail, City Attorney T1�G1C (Z. vn l l c� RIV#4878-3639-2014 v l 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California�C,, �/ County of 'AVS jOv/ On LOA/) l�+� before me, j 04/4) V- INC-S 1"�1 ,rubut Date � 1 '� CC Here Insert Name and Title of the Officer �l personally appeared t\ . )LL , ) C Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing JENNIFER D.NELLIS 47:„. Notary Public-California paragraph is true and correct. g W -_= Riverside County ,%' ,P F Commission N 2390590 WITNESS my hand and official seal. ,0* My Comm.Expires Feb 8,2026 Signature 1) (\LW Place Notary Seal and/or Stamp Above 'u• ature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee 0 Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association