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SECOND AMENDMENT OF PARKING FACILITIES MANAGEMENT CONTRACT SECOND AMENDMENT OF PARKING FACILITIES MANAGEMENT CONTRACT This SECOND AMENDMENT OF P ARKlNG FACILITIES MANAGEMENT CONTRACT (this "Amendment") is made and entered into as of this I~ day of ~ 2006, by and between the City of Clearwater, Florida, a municipal corporation of tlie State of Florida, hereinafter referred to as the "City," and Standard Parking Corporation, a Delaware corporation, hereinafter referred to as the "Firm." WITNESSE TH: THAT, WHEREAS, the City and the Firm are parties to a certain Parking Facilities Management Contract dated September 26, 2003, as amended by that certain First Amendment of Parking Facilities Management Contract dated effective October 1, 2003 (as so amended, the "Contract"), which Contract was the result of the City's Request for Proposal No. 33-03 ("RFP"), the terms of which RFP the parties acknowledge are incorporated into the Contract; and WHEREAS, the City and the Firm desire to amend the Contract as herein set forth. NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. RECITALS AND DEFINITIONS. The above recitals are incorporated herein. The terms defined in the Contract shall have the same meanings ascribed to such terms therein when used herein, unless expressly defined otherwise herein. 2. EXTENDED TERM. The term of the Contract is hereby extended for two (2) years, from October 1, 2006, through and including September 30, 2008 ("Extended Term"). During said Extended Term, the Contract shall remain subject to sooner termination pursuant to all applicable terms ofthe Contract. 3. MANAGEMENT FEE. The monthly Management Fee, which during the year ending September 30, 2006, was $37,227.93 per month, shall increase on October 1,2006, by three percent (3%) of that amount, and again on October 1, 2007, by three percent (3%) of the Management Fee in effect for the month ending September 30, 2007. Notwithstanding the foregoing, if parking spaces should be reduced or eliminated by the City for construction purposes during the Extended Term, then the Management Fee shall be reduced pro rata in a manner that is mutually agreed upon by the City and the Firm. Said reduced Management Fee shall nevertheless remain subject to the annual three percent (3%) increases stipulated herein. N:\LegaI\AGREEMENTSIAGREEMENTS - 7000 TO 7099\7097 JCB#3.doc Location No. 32022 08/24/06 ~ Standard Parking" 4. NO OTHER CHANGES. Except as expressly modified herein, the Contract remains in full force and effect upon its original terms and conditions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. THE FIRM: STANDARD PARKING CORPORA nON By: Name: Title: ~7A- Bruce Kubena Senior Vice President CITY: Countersigned: Approved as to form: Attest: C~-~~. Carlos F. Colon Assistant City Attorney ~'i-L~~. A...o... Cynthia E. Goudeau City Clerk N:\LegaIIAGREEMENTSIAGREEMENTS - 7000 TO 7099\7097 JCB#3.doc Location No. 32022 08/24106 2 ~ Standard Parking"