Reso 2024-110 Amendment No. 1 AGC

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2024-110 RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND AMERICAN GOLF CORPORATION WHEREAS, the City Council approved a Management Agreement between the City of San Leandro and American Golf Corporation on June 1, 2020; and WHEREAS, American Golf Corporation has provided excellent management services while generating significant revenues; and WHEREAS, the parties desire to amend the agreement to extend the term until November 15, 2029; and WHEREAS, the City Council is familiar with the contents of the agreement; and WHEREAS, the City Manager recommends approval of said amendment. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: 1. Section 2.1 of the Agreement entitled “Term” is hereby amended to extend the Initial Term from November 15, 2024 to November 15, 2029; and 2. Section 7.1(c) is added to the Agreement entitled “Termination by Owner” to include provisions allowing the Owner the right to terminate the Agreement; and 3. Section 11.2 (a) is added to the Agreement entitled “Disposition of Assets upon Termination” is amended to include provisions under which the owner will retain all non-leased Maintenance equipment, Food & Beverage equipment, Driving Range equipment, and all other Furniture, Fixtures and Equipment (FF&E) utilized in the operation and connection with the Agreement; and 4. Section 3.6 of the Agreement entitled “Personnel is hereby amended to indicate that the Recreation and Parks Director is designated by Owner to administer and monitor this Agreement; and 5. That the amendment to the agreement is approved and execution by the City Manager is authorized.