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<br />Amendment No. 2 to the Agreement between 09/01/2023 <br />City of San Leandro and the Boys and Girls Clubs of San Leandro Page 1 of 2 <br /> <br />AGREEMENT <br />BETWEEN CITY OF SAN LEANDRO AND <br />BOYS AND GIRLS CLUBS OF SAN LEANDRO <br />FOR <br />RECREATIONAL FACILITY AND POOL USE <br /> <br /> <br />This Amendment No. 2 to the Agreement, as further defined below, is effective as of <br />April 1, 2023, is made and entered into by and between the City of San Leandro, a <br />California municipal corporation (“City”), and Boys and Girls Club of San Leandro, <br />Incorporated (“Boys and Girls Club”), collectively referred to as “Parties”. <br /> <br />A. City and Boys and Girls Club entered into an Agreement for recreational facility <br />and pool use (“Agreement”) dated April 1, 2003 for a term of twenty (20) years. <br /> <br />B. The Parties desire to extend the term of the Agreement for a period of 18 months. <br /> <br />Now, therefore, the Parties hereby amend the Agreement as follows: <br /> <br />1. Term. Section 9 of the Agreement is amended to read as follows: <br /> <br />(a.) The term of this Agreement shall commence on April 1, 2023, and terminate <br />on September 30, 2024. <br /> <br />(b.) Either party may terminate this agreement prior to the expiration of the term <br />for cause which shall include, but not be limited to, any default of or material <br />non-compliance with this agreement or any provisions hereof upon written <br />notice to the other party of the violation or deficiency and the party fails to <br />cure such violation or deficiency within thirty (30) days after receipt of the <br />written notice or, if the matter cannot be cured in thirty (30) days, the party <br />fails to commence the cure within thirty (30) days and to diligently prosecute <br />such cure thereafter. <br /> <br />During the term of this Amendment No. 2, both parties agree to meet in good <br />faith on a regular basis (at least once in October 2023, January 2024, April <br />2024, July 2024, September 2024) and set written agreed upon milestones for <br />completion of a new Agreement by October 1, 2024. <br /> <br />2. Remainder of Agreement Unaffected. The Parties acknowledge that except as <br />expressly modified herein, the Agreement remains in full force and effect. In the event of <br />an inconsistency between the terms of this Amendment No. 2 and the Agreement, the <br />terms of this Amendment No. 2 shall control. This Amendment No. 2 may be executed <br />simultaneously or in counterparts, each of which shall be deemed an original, and <br />together shall constitute one and the same agreement. <br /> <br />DocuSign Envelope ID: 5C4868E4-CD22-4173-B8C8-01C924D5B921