HomeMy WebLinkAboutFun Times, Inc. Delahyde, Donald; McGrew Staci 2014-05-01 .. - pSOI oq— f�l
EXTENSION OF AGREEMENT FOR UHIAH SPORTS COMPLEX CONCESSION
SERVICES
This Agreement effective May 1, 2014, between the City of Ukiah ("City") and Fun
Times, Inc., Donald R. Delahoyde and Staci McGrew extends the term of the Agreement for
Ukiah Sports Complex Concession Services ("Services AgreemenY') originally entered on May
1, 2009, between the City of Ukiah("City") and Zia A. Poya and Donald R. Delahoyde, dba The
Pub, and subsequently assigned to Fun Times, Ina ("Fun Times")pursuant to an Assignment
and Assumption Agreement, effective on May 12, 2012, between the City and Fun Times, and a
Personal Guaranty ("Guaranty") effective May 12, 2012, by Donald Delahoyde and Staci
McGrew. True and correct copies of the executed Services Agreement, the Assignment and
Assumption AgreemendGuazanty are attached hereto as Exhibits A and B, respectively.
RECITALS:
1. The initial term of the Services Agreement began on May 1, 2009 and terminates five
years later on April 30, 2014.
2. Under paragraph I.a of the Services Agreement,the term of the agreement may be
extended for five (5) additional periods of one (1) year upon the mutual written consent of both
The Pub and the City Manager.
3. As a result of the Assignment and Assumption Agreement, which modified the
Services Agreement, Fun Times, as the approved assignee of The Pub, has the authority under
the Services Agreement to consent to an extension of its initial term.
4. Donald R. Delahoyde and Staci McGrew, as the guarantors under the Guazanty,
acknowledge and agree that their obligations under the Guaranty constitute a continuing guaranty
which applies to any extension of the Services Agreement as modified by the Assignment and
Assumption Agreement.
' AGREEMENT:
In reliance upon the foregoing recitals, the parties agree as follows:
The initial term of the Services Agreement is hereby extended for one (1)yeaz to and
including April 3Q 2015. The Services Agreement shall be automatically extended for an
additional term of one (1) yeaz for each of the following four (4) yeazs, to and including April 30,
2019, unless either Fun Times or the City gives written notice of non-renewal not less than sixty
(60) days prior to the end of the, then, current term.
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WHEREFORE, the parties have entered this agreement on the Effective Date
CITY OF UKIAH F TIMES, INC.
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J Chambers, Ciry Manager ponald R. Delahoyde, President
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Staci McGrew
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