Safeway License Agreement Amendment 2024 (executable version, 10.03.2024)(20101258.1).docx

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Amendment No. 1 to License Agreement between City of San Leandro, San Leandro Parking Authority and Safeway, Inc. 07/23/2024 Page 2 of 4 conditions set forth herein (each such renewal term being sometimes referred to herein as an "Option Term"). The Parties agree that the third five year Option Term was exercised on November 30, 2022. The fourth five year Option Term may be exercised on November 30, 2027 and the fifth four year Option Term may be exercised on November 30, 2032. The fifth four year Option Term shall end on November 30, 2036. In order to exercise such renewal of this Agreement, Licensee must deliver written notice of its election to exercise the applicable Option Term to the City by no later than ninety (90) days prior to the expiration of the Initial Term or Option Term then in effect. 2. Section D.1 of Exhibit C of the Agreement entitled “Special Terms” is amended to read: Licensee shall pay to City the following amounts as consideration for the license granted to Licensee herein (the "Fee"): (a) for Years 1 through 5 of this Agreement the sum of $275.00 per month; (b) for Years 6 through 10 of this Agreement the sum of $295.00 per month; (c) for the first five year Option Term of this Agreement the sum of $305.00 per month; (d) for the second five year Option Term of this Agreement the sum of $320 .00 per month; (e) for the third five year Option Term of this Agreement the sum of $500.00 per month; (f) for the fourth five year Option Term of this Agreement the sum of $600.00 per month; and (g) for the fifth four year Option Term of this Agreement the sum of $700.00 per month. Such applicable Fee shall be paid on the first day of each calendar month (except the Fee for the first month, or partial month, shall be paid within ten (10) days after final, full execution of this Agreement) by check payable to City's Finance Department and mailed or delivered to City's Finance Department, City Hall, 835 E. 14th Street, San Leandro, CA 94577. The Fee for any fractional calendar month shall be prorated. The fee for any unpaid rent for the third Option Term, retroactive to November 30, 2022, shall be paid within thirty (30) days after final, full execution of Amendment No. 1. The City, upon receipt of the Fee set forth herein, shall submit the money to the Operator of the Center who shall deposit said Fee in the common area maintenance account under the MOREA for payment of enhanced litter pick-up. In no event shall the fee received for use of the Licensed Property be substituted for funds paid by Authority, the City, or the Operator of the Center towards the existing level of maintenance activities in the Common Area. 3. Notwithstanding the terms of Section G of Exhibit C to the contrary, the City hereby consents to the assignment of this Agreement, as amended, to 1918 Winter Street ABS LLC; provided that the foregoing shall not be deemed an obligation on the part of Licensee to transfer this Agreement nor shall it be deemed a transfer of the Agreement unless and until Licensee has provided the City with written notice of such assignment. 4. All other terms shall remain in full force and effect. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Signatures signed digitally via reputable encryption technology, such as DocuSign, may be used in place of original signatures . Docusign Envelope ID: 2685A19A-7A6B-420A-964E-6683D23FC7B7