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HomeMy WebLinkAboutAmphitheater Amendment ~" First Amendment to Lease Agreement/Amphitheater at Riverside Park "- This First Amendment to a certain lease is made and entered into this ~ay of August 2006. The two parties are the CITY OF OSHKOSH, a Wisconsin municipality with its principal offices located at 215 Church Ave., P.O. Box 1130, Oshkosh, WI 54903-1130, ("Lessor" or "City") and PMI, a nonstock, for-profit Wisconsin corporation, with its principal offices located at 1901 S. Oneida St., P.O. Box 10567, Green Bay, WI 54307-0567 ("Lessee" or "PM I"): WITNESSETH: WHEREAS, the parties previously entered into a Lease Agreement for the Leach Amphitheater at Riverside Park in the City of Oshkosh, Winnebago County, Wisconsin: and WHEREAS, the City's request for proposal sought an agreement for a three-year term, plus the remnant of the 2005 season, and the submission from PMI intended to enter into a three-year-plus remnant term; and WHEREAS, the actual agreement contains an expiration date of December 31,2009, and the parties intend for this agreement to conclude a year earlier; and WHEREAS, the parties to this Amendment intend that the foregoing provisions are contractual in nature and are not to be interpreted as mere recitals to this document; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Amend Term of Aqreement Paragraph 2(a) entitled Term of Aqreement and Termination is amended to read as follows: i. The term of this Lease shall be from the date first written in the original Agreement between the parties through 11 :59 PM on December 31,2008. 2. Remainder in Full Force and Effect All provisions of the original agreement, not specifically amended by this First Amendment shelll remain in effect. 1 ., IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date first above written. CITYOF OSHKOSH 2;J/~ ~ ~~ a"lager y\ Pamela R. Ubrig, City C . ~) This Agreement was drafted by: Attorney Warren P. Kraft Oshkosh, Wisconsin 54903-1130 PMI K3~ht':d~tcEO ~ Brendan Bruss, CAO 2