R2004-152 AMENDING AGREEMENT - Laserfiche WebLink

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s �} I � I AMENDMENT TO THE TRANSIT SYSTEM MANAGEMENT AGREEMENT �� This Amendment to the A�eement is made and entered into by and between the City of Decatur of the State of Illinois (hereinafter referred to as the "CITY"), and First Transit, Inc.l, a Delaware corporation (hereinafter refened to as "FIRST TRANSIT"). WHEREAS the CITY and Progressive Transportation Services, Inc., entered into a transit system management a�reement, executed on November 10, 1999, with an expiration date of June 30, 2004 (including the three option years exercised by the CITY); and WHEREAS all rights, title and interest in the Agreement between the CITY and Prob essive Transportation Services, Inc., were assigned to FIRST TRANSIT, at the request of Progressive Transportation Services, Inc.,by action of the Decatur City Council on June 16, 2003; and WHEREAS the term of the A�eement was extended by mutual agreement of the parties, by action of the Decatur City Council on June 21, 2004, and by the corporate officers of FIRST TRANSIT on July 7, 2004, with an amended expiration date of September 30, 2004; and WHEREAS the CITY has requested another contract extension to allow the CITY time to examine employment issues that are central to the transit system management contract; N OW THEREFORE, for and m consideration of the promises, covenants, agreements and ' conditions hereinafter set forth to be performed, kept and met by the respective parties hereto, this Amendment to the Agreement is made by and between the CITY and FIRST TRANSTT as follows: Section 3. of the Agreement shall be amended as follows: ' 3. Commencement and Term This Agreement shall be effective as of December 1, 1999, and shall remain in effect for the period ending at 11:59 p.m. on December 31, 2004. Unless the CI 'v , TY es formal notice to FIRST TRANSIT b at least thirt � , y y (30) days before the expiration of the term of the Agreement then in effect, of its intention to amend or to end the Agreement, then the term of this Agreement shall be extended automaticall for u to two 2 additional three 3 month eriods. The fir t Y P ( ) ( ) p s such three (3)month extension period shall expire at 11:59 p.m. on March 31, 2005; the second and fmal such three (3)month extension period shall expire at 11:59 p.m. on . June 30, 2005. 1 The parties understand and agree that the term FIRST TRANSIT,as refened to herein,shall include the subcorporation formed pursuant to paragraph 5 of the Agreement,and all terms and conditions,rights owed to or duties required by FIRST TRANSIT pursuant to this Agreement shali likewise apply to the subcorporation. - 1 - I i