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Commercial Rehabilitation Loan Program <br />Owner Participation and Loan Agreement <br />Amendment <br /> <br /> CITY OF SAN LEANDRO <br /> COMMERCIAL REHABILITATION LOAN AGREEMENT <br /> <br /> Amendment No. 1 <br /> <br />THIS AMENDMENT is made as of January 13, 2023, by and between the CITY OF SAN LEANDRO, a <br />public agency, and Fieldwork Brewing Company (Tenant). <br /> <br /> RECITALS <br /> <br />A. The City of San Leandro as Lender, and Fieldwork Brewing Company as Tenant, entered into a <br />Commercial Rehabilitation Loan Agreement (Agreement) dated November 1, 2022. <br /> <br />B. The Agency and Tenant acknowledge that the scope and cost of the Project has decreased since <br />initial estimates. <br /> <br />C. The Agency and Tenant wish to modify the terms of the Agreement to decrease the loan amount. <br /> <br />D. Section 7.9 of the Agreement allows for modification and amendment of the agreement. <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and <br />conditions herein contained and other good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged, the parties agree as follows: <br /> <br />1. Section 1.01 of the Agreement shall be modified as follows: <br />1.1 LOAN AND NOTE. Agency agrees to loan to Tenant, and Tenant agrees to borrow from and, <br />subject to the provisions of Section 1.2.1, repay to Agency, the sum of Three Thousand Five Hundred <br />Dollars ($3,500.00) upon the terms and conditions and for the purposes set forth in this Agreement. The <br />Loan shall be evidenced by the Note which shall be dated as of the Effective Date and executed by Tenant <br />substantially in the form attached hereto as Exhibit E. Provided that Tenant has complied with all <br />conditions set forth in Section 2.3, the Loan Proceeds shall be disbursed in accordance with Section 2.2 <br />hereof. The Parties agree that the Agency shall disburse Loan Proceeds only for and to the extent <br />necessary for the purposes set forth in Section 2.1. <br /> <br />2. The Promissory Note entered into by Tenant and attached to the Commercial Rehabilitation Loan <br />Agreement as Exhibit E shall be amended to reflect the loan amount of Three Thousand Five Hundred <br />Dollars ($3,500.00). <br /> <br />3. Except as specifically amended above, all terms of the Agreement and Promissory Note shall <br />remain in full force and effect. <br /> <br />IN WITNESS WHEREOF, the parties have executed this Amendment on the respective dates <br />DocuSign Envelope ID: 2CC26F69-B7E6-46DE-8F5F-14109863FB8E