Amendment No. 3 to BGCSL Lease Agreement - FINAL

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Amendment No. 3 to the Agreement between 10/01/2024 City of San Leandro and the Boys and Girls Clubs of San Leandro Page 1 of 2 AMENDMENT NO. 3 TO AGREEMENT BETWEEN CITY OF SAN LEANDRO AND BOYS AND GIRLS CLUBS OF SAN LEANDRO FOR RECREATIONAL FACILITY AND POOL USE This Amendment No. 3 (“Amendment”) is made by and between the City of San Leandro (“City”), and Boys and Girls Clubs of San Leandro (“Boys and Girls Clubs”) (together sometimes referred to as “Parties”) dated October 1, 2024, between the Parties. WHEREAS, City and Boys and Girls Clubs executed the Agreement for recreational facility and pool use (“Agreement”) dated April 1, 2003, for a term of twenty (20) years. WHEREAS, The Parties agreed to amend the term of the Agreement for a period of 18 months on April 1, 2023. WHEREAS, The Parties desire to extend the term of the Agreement for an additional period of 4 months. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1. Term. Section 9 of the Agreement is amended to read as follows: (a.) The term of this Agreement shall commence on October 1, 2024, and terminate on January 31, 2025. (b.) Either party may terminate this agreement prior to the expiration of the term for cause which shall include, but not be limited to, any default of or material non-compliance with this agreement or any provisions hereof upon written notice to the other party of the violation or deficiency and the party fails to cure such violation or deficiency within thirty (30) days after receipt of the written notice or, if the matter cannot be cured in thirty (30) days, the party fails to commence the cure within thirty (30) days and to diligently prosecute such cure thereafter. During the term of this Amendment No. 3, both parties agree to meet in good faith on a regular basis and set written agreed upon milestones for completion of a new Agreement by February 3, 2025. 2. Remainder of Agreement Unaffected. The Parties acknowledge that except as expressly modified herein, the Agreement remains in full force and effect. In the event of an inconsistency between the terms of this Amendment No. 3 and the Agreement, the terms of this Amendment No. 3 shall control. This Amendment No. 3 may be executed Docusign Envelope ID: FB93C4ED-9B03-4FC0-B044-5F1A3A1ECD04