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FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE SAN LEANDRO TRANSPORTATION MANAGEMENT ORGANIZATION AND THE CITY OF SAN LEANDRO FOR THE MANAGEMENT AND ADMINISTRATION OF THE WEST SAN LEANDRO SHUTTLE AND BUSINESS IMPROVEMENT DISTRICT This FIRST AMENDMENT to the Agreement between the San Leandro Transportation Management Organization and the City of San Leandro for the Management and Administration of the West San Leandro Shuttle and Business Improvement District (this “Amendment”), is entered into as of May 15, 2023 (the “Amendment Date”), by and among the City of San Leandro (“City”) and the San Leandro Transportation Management Organization (“SLTMO”), a California non-profit mutual benefit corporation, and amends that certain Agreement for the Management and Administration of the West San Leandro Shuttle and Business Improvement District dated December 15, 2014 (the “Agreement”) by and between the City and SLTMO. City and SLTMO are collectively referred to herein as the “Parties.” Capitalized terms used without definition herein have the meaning ascribed to such terms RECITALS A. In 2014, the City of San Leandro (the “City”) and the San Leandro Transportation Management Organization (“SLTMO”) desired to continue the operation of the shuttle service from the San Leandro BART station to employers in the West San Leandro Industrial Area (“LINKS Shuttle”), which had been in operation since 2001. B. The LINKS Shuttle furthers the economic development and sustainability goals of the City by providing to employees direct, free, high-frequency service from BART to the area’s employers and providing additional transportation options to reduce air pollution from single occupancy vehicles and enable low and moderate income residents to seek employment in the area. C. On October 20, 2014, the City Council of the City of San Leandro adopted Resolution No. 2014-115 entitled “RESOLUTION of the City Council of the City of San Leandro Declaring the City Council’s Intention to Establish the West San Leandro Shuttle Business Improvement District (BID) and Setting a Public Hearing Relating Thereto for December 15, 2014”. D. On December 15, 2014 the City Council adopted Ordinance No. 2014-023 entitled “ORDINANCE of the City Council of San Leandro amending Title 2 of the San Leandro Municipal Code to Delete Chapter 15 and to add a new Chapter 15 establishing the West San Leandro Shuttle Business Improvement District in the City of San Leandro”. E. On December 15, 2014 the City Council adopted Resolution No. 2014-136 entitled “RESOLUTION to Approve an Agreement with the San Leandro Transportation Management Organization (SLTMO) for the Management and Administration of the West San Leandro Shuttle and Business Improvement District” (the “Management Agreement”).