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<br />Amendment No. 1 to <br />License Agreement between City of San Leandro, San Leandro Parking Authority <br />and Safeway, Inc. 07/23/2024 <br /> Page 1 of 4 <br />AMENDMENT NO. 1 TO LICENSE AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />SAFEWAY INC. <br />FOR THE <br />1499 WASHINGTON AVENUE TRASH ENCLOSURE <br /> <br /> <br />This Amendment No.1 (“Amendment”) is made by and between the City of San Leandro (“City”), <br />the Parking Authority of the City of San Leandro, (“Authority”), and Safeway, Inc. (“Licensee”) (together <br />sometimes referred to as the “Parties”) as of February 1, 2024, and amends that certain License <br />Agreement (“Agreement”) dated February 3, 2003, between the Parties. <br /> <br />WHEREAS, Authority is the Owner and Lessor of certain property located in the San Leandro <br />Plaza Shopping Center (“Center”) at the premises commonly referred to as 1499 Washington Avenue, said <br />property commonly referred to as “common area,” a portion of which is the subject of the Agreement and <br />more particularly described in Exhibit A of the Agreement (“Licensed Property”); and <br /> <br />WHEREAS, City is the Lessee of the Licensed Property; and <br /> <br />WHEREAS, Licensee is an owner of a portion of the improvement located in the Center, and <br />Licensee’s retail store, commonly referred to as Safeway Store No. 994, occupies a portion of said owned <br />improvements while the remaining portion is leased to CVS; an d <br /> <br />WHEREAS, the Parties have executed the Agreement, pursuant to which Licensee, including CVS <br />or any subsequent occupant of the premises owned by Licensee has had the exclusive right to use <br />Licensed Property for the sole uses described in Exhibit B of the Agreement and for no other purposes; and <br /> <br />WHEREAS, at the time of this Amendment, Licensee is in contract to assign Licensee’s owned <br />property within the Center to an affiliate of C&S Wholesale Grocers, LLC in connection with, and expressly <br />conditioned upon, the merger of Licensee with The Kroger Co., and the Parties desire to acknowledge and <br />consent to an assignment of the Agreement to this acquiring affiliate of C&S Wholesale Grocers, LLC; and <br /> <br />WHEREAS, the Parties desire to amend the Agreement to extend the Agreement term and <br />increase the license fee. <br /> <br />NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby <br />acknowledged, the Parties hereby amend the Agreement as follows: <br /> <br />1. Section 5.A of the Agreement is amended to read: <br /> <br />Subject to the provisions of Paragraph 6, REVOCATION, the term of this Agreement shall <br />expire on November 30, 2012 (the "Initial Term"). Licensee shall have the option to renew <br />this Agreement for five (5) separate and additional successive periods, the first four of <br />which are of five (5) years each, and the final of which is four (4) years, on the terms and <br />Docusign Envelope ID: 2685A19A-7A6B-420A-964E-6683D23FC7B7