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<br />NOW, THEREFORE, the Parties agree as follows: <br /> <br />1. Section 1.1 of Exhibit B of the Agreement is hereby amended to delete the following <br />sentence: "All guest occupants of the hotel shall be "Transient" as defined in the Uniform Transient <br />Occupancy Tax provisions in the San Leandro Municipal Code section 2-10-1 05(n," <br /> <br />2. Section 2 of Exhibit B of the Agreement is hereby amended to read as follows: <br /> <br />"Agency Development Incentives: The Agency agrees to fund up to Two Hundred Ten <br />Thousand Dollars ($210,000) toward the cost of building enhancements requirement PO 99-2. <br />Said funds shall be paid to the Hotel Participant as follows: <br /> <br />113,702 <br />113,702 <br /> <br />Total Payment <br />14,000 <br />14,000 <br />14,000 <br />168,000 <br />210,000 <br /> <br />Event <br />Payment 1 <br />Payment 2 <br />Payment 2 <br />Final Payment <br /> <br />Date <br />July 15, 2004 <br />July 15, 2005 <br />July 15, 2006 <br />July 15, 2007 <br /> <br />DFSI Offset <br />14,000 <br />14,000 <br />14,000 <br />54,298 <br />96,298 <br /> <br />TOT Credit <br /> <br />3. The Parties agree that the Agency's agreement to waive collection of the $165,000 <br />Transient Occupancy Tax owed through March 2006 represents payment in full of the Agency's obligation <br />to pay the Participants up to $210,000 in development incentives. <br /> <br />4. Except as set forth in the Amendment, the Agreement remains unchanged and shall <br />continue in full force and effect. <br /> <br />IN WITNESS WHEREOF, the Parties have hereunto set their respective authorized signatures as <br />of the day and year first above written. <br /> <br />REDEVELOPMENT AGENCY <br />OF THE CITY OF SAN LEANDRO <br /> <br />HOTEL PARTICIPANT <br /> <br />~::-;;;;~o~ <br /> <br />By: ~-~ <br />Its: vf\e.>>\~c. I S. L. b(r <br /> <br /> <br />. Williams, Agency counsP <br /> <br />STORAGE PARTICIPANT <br /> <br />By: ~--L4', <br />Its:~ <br /> <br />APPROVED AS TO FORM <br /> <br />Attest: <br /> <br />~~ <br /> <br />Marian Handa, Agency Secretary <br /> <br />832407 -2 <br />