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A <br />gpPROVEuD BY <br />CITY C Ib <br />FIRST AMENDMENT TO FRANCHISE AGREEMENT IDtem # <br />BETWEEN THE CITY OF COLTON <br />AND <br />PATRIOT TOWING <br />FOR TOW TRUCK SERVICES <br />ARTICLE 1. PARTIES AND DATE <br />s First Am ndment to the Franchise Agreement ("First Amendment") dated as of the <br />day of JOAaL , 2006 is entered into by and between the City of Colton <br />("City") and Patriot Towing ("Franchisee"). City and Franchisee are sometimes individually <br />referred to herein as "Party" and collectively as "Parties." <br />ARTICLE 2. RECITALS <br />2.1 City and Franchisee entered into that certain Franchise Agreement dated January <br />1, 2005 ("Agreement"), whereby Franchisee agreed to provide towing services for the abatement <br />and removal as public nuisances of abandoned, wrecked, dismantled, or inoperative vehicles or <br />parts thereof from private or public property ("Towing Services") within the boundaries of the <br />City. <br />2.2 City and Franchisee now desire to amend the Agreement to add the following <br />provisions: (1) allow Police Department discretion to require certain vehicles to be towed to the <br />City's Impound Lot; and (2) deduct the revenue received from the vehicles towed to the City's <br />Impound Lot from the gross revenue calculation for payment of Franchisee's monthly franchise <br />fee. <br />ARTICLE 3. TERMS <br />3.1 Section 4, subdivision 11 of the Agreement is hereby deleted in its entirety and <br />replaced with a new Section 4, subdivision 11 to read as follows: <br />"(11) (a) When called from the top of the rotation list by the Police Department, <br />respond to the Department's call and pick up vehicles designated by the police department that <br />have been involved in an accident or a traffic violation, unless the owner or someone designated <br />by the owner is present and is capable of removing a vehicle or calling a tow company of his or <br />her choice to remove a vehicle, provided the street can be cleared for safe public use with <br />reasonable dispatch. <br />follows: <br />(b) At the discretion of the Police Department, tow certain vehicles as <br />