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1 <br /> <br />FIRST AMENDMENT OF LEASE AGREEMENT BETWEEN SUNG <br />HUI PASKEWITZ, TRUSTEE OF THE SUNG HUI PASKEWITZ <br />LIVING TRUST, AND THE CITY OF SAN LEANDRO <br />(APN: 077-545-32-1 and 77-545-9) <br /> <br /> <br /> <br /> This First Amendment of Lease (this “Amendment”) is made and entered into this ____ day <br />of _________ 2018, by and between the CITY OF SAN LEANDRO, a California charter city <br />(“City”) and Sung Hui Paskewitz, Trustee of the Sung Hui Paskewitz Living Trust, owner of Pelton <br />Plaza Shopping Center at 100 Pelton Center Way, San Leandro, California (“Pelton”). This <br />Amendment amends that certain lease entered into between the City and Pelton on May 2, 2016 (the <br />“Lease”). City and Pelton are each referred to herein as a “Party” and collectively referred to as the <br />“Parties.” <br /> <br />RECITALS <br />A. The City operates a public off-street parking lot in Pelton Plaza Shopping Center (the <br />“Premises”) pursuant to the Lease. <br />B. The Parties desire to amend the Lease to, among other things, provide for paid parking <br />technology within the Premises. <br /> <br />WHEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties agree as follows: <br /> <br />AGREEMENT TO AMEND THE LEASE <br />1. Section 3 of the Lease, Leased Premises, is hereby amended (with additions noted by <br />underline and deletions noted by strikethrough) to read as follows: <br />“3. Leased Premises. Subject to the terms of this Agreement Pelton Leases the Premises <br />to City, and City leases the Premises from Pelton to operate a public paid parking off- <br />street parking lot. The Premises are more particularly described in Exhibit A, attached <br />hereto and incorporated herein by this reference.” <br />2. Section 4 of the Lease, Term, is hereby amended (with additions noted by underline and <br />deletions noted by strikethrough) to read as follows: <br />“4. Term. The term of this Agreement commences on the Effective Date and shall <br />remain in full force and effect for five (5) years from the Effective Date (the “Initial <br />Term”), unless terminated by either Party. The City may terminate this Agreement, with <br />or without cause, upon sixty (60) days’ advance written notice to Pelton. During the <br />Initial Term, Pelton may only terminate this Agreement upon an Event of Default as <br />described in Section 14 of this Agreement. After the expiration of the Initial Term, <br />Pelton may terminate this Agreement, with or without cause, upon sixty (60) days’ <br />advance written notice to City. Following the Initial Term, this Agreement shall