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<br /> <br />FIRST AMENDMENT TO SITE LEASE <br />This FIRST AMENDMENT TO SITE LEASE (the “First Amendment”), dated as of <br />December 1, 2018, is by and between the CITY OF SAN LEANDRO, a charter city duly organized and existing under and by virtue of the Constitution and laws of the State of California <br />(the “City”), as lessor, and the SAN LEANDRO PUBLIC FINANCING AUTHORITY, a joint exercise of powers entity duly organized and existing under and by virtue of the laws of the State of California (the “Authority”), as lessee; <br /> <br />BACKGROUND: <br />WHEREAS, the City and the Authority have heretofore entered into a Site Lease dated as of December 1, 2016 and recorded on December 1, 2016 as Instrument No. 2016313091 in <br />the Office of the Recorder of the County of Alameda (the “Existing Site Lease”), in connection <br />with the Authority’s issuance of its 2016 Refunding Lease Revenue Bonds in the initial principal amount of $14,125,000 (the “2016 Bonds”); <br /> <br />WHEREAS, the 2016 Bonds were issued pursuant to an Indenture of Trust, dated as of December 1, 2016 (the “Existing Indenture”), by and between the Authority and U.S. Bank <br />National Association, as trustee (the “Trustee”); WHEREAS, in connection with the issuance of the 2016 Bonds, the City and the <br />Authority also executed a Lease Agreement dated as of December 1, 2016, and recorded on December 1, 2016 as Instrument No. 2016313092 in the Office of the Recorder of the County of Alameda (the “Existing Lease Agreement”); <br /> WHEREAS, the Existing Site Lease and the Existing Lease Agreement provide for the lease of the real property constituting the City’s main library building, including both land and <br />improvements (the “Leased Property”), which Leased Property is more specifically described in Appendix A attached hereto; <br /> <br />WHEREAS, the semi-annual lease payments payable by the City under the Existing Lease Agreement have been assigned to the Trustee pursuant to an Assignment Agreement, <br />dated as of December 1, 2016, and recorded on December 1, 2016 as Instrument No. 2016313093 in the Office of the Recorder of the County of Alameda (the “Existing Assignment Agreement”); <br /> WHEREAS, in connection with the Authority’s issuance of its 2018 Lease Revenue Bonds in the initial principal amount of $_________ (the “2018 Bonds”), it is necessary to <br />amend the Existing Lease Agreement, the Existing Site Lease and the Existing Assignment Agreement; and <br />WHEREAS, the Existing Lease Agreement is being supplemented and amended pursuant to a First Amendment to Lease Agreement, dated as of December 1, 2018, recorded concurrently herewith, and the Existing Assignment Agreement is being supplemented and <br />amended pursuant to a First Amendment to Assignment Agreement, dated as of December 1, 2018, recorded concurrently herewith. <br /> <br />NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained and for other valuable consideration, the City and the Authority do hereby agree as <br />follows: