6.B.(2) Amendment to Parking Garage Management Agreement

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(~. ~. ~z) PARKING GARAGE MANAGEMENT SERVICES AGREEMENT (Amended 3/20/09) LEIGHTON GARAGE MAIN STREET GARAGE WAYNE STREET GARAGE THIS PARKING GARAGE MANAGEMENT SERVICES AGREEMENT (the or this "Agreement) is entered into on the day of , 2009, by and between THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION, organized under and operating pw•suant to the laws of the State of Indiana (the "Commission"), and AMPCO SYSTEM PARKING, a California corporation, authorized to do business in the State of Indiana (the "Operator-'). 1) Location: This Agreement pertains to each of the parking garages (collectively, the "Garages") leased and/or operated by the Commission, all in the City of South Bend, Indiana, and located at: 117-131 South Michigan Street (the "Leighton Garage'') 126 North Main Street (the "Main Street Garage'') 121 East Wayne Sheet (the "Wayne Sheet Garage"') 2) Term: The tens of this Agreement shall be three (3) years, commencing on February 1, 2009, and ending on January 31, 2012. In order to permit the Commission to comply with Section 103 and 141 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated pursuant thereto, the parties agree that the Commission shall have an absolute right to terminate this Agreement for any reason and without cause or penalty. However, this Agreement may also be tern~inated by either party, with or without cause, upon thirty (30) days written notice of cancellation. The Operator covenants that it will not take any action or fail to take any action that would result in the loss of the exclusion from gross income for federal tax purposes of interest on bonds issued and outstanding for the parking garages described herein. The Operator further covenants and otherwise agrees to enter into any amendment of this Agreement or otherwise terminate this Agreement in order to prevent the loss of the exclusion fi-om gross income for federal tax purposes of interest on the aforementioned bonds. 3) Use: The Garages shall be used exclusively for the parking of licensed motor vehicles and related purposes. The Operator shall: a) Manage and operate the parking services at the Garages; b) Furnish the personnel for the operation of the Garages, including evening attendants; c) Collect parking receipts and make deposits as hereinafter provided;