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.�. ATTACHMENT 3 <br /> FIRST AMENDMENT TO AGREEMENT <br /> This First Amendment to Agreement("First Amendment") is entered into this 3o day of <br /> September 2015 by the City of Pleasanton("City")and Lifetime Tennis, Inc. a California corporation <br /> ("Lifetime"). <br /> Whereas,on January 1, 2011 the City and Lifetime entered into Operator Agreement for tennis <br /> services("Agreement"); and <br /> Whereas,while the Agreement's term(§2.01)expires on December 31, 2016, the schedule for <br /> compensation(§7.0)omitted compensation rates for 1/1/16— 12/31/16, and <br /> Whereas,the parties desire to amend to the Agreement to clarify compensation for this 1/1/16 to <br /> 12/31/16 period, and also desire to have compensation alternatives for this period depending upon <br /> whether two additional courts are constructed and put into service. <br /> NOW,THEREFORE, in exchange for valuable consideration,the receipt of which is hereby <br /> acknowledged, the parties agree as follows: <br /> 1. Section 7.0 of the Agreement, "Compensation" is amended to add: <br /> f) January 1, 2016—December 31, 2016 -Compensation shall be 10%of all revenue up to <br /> $525,000;and 5%of all gross revenue over$525,000 shall be paid to the City; <br /> 2. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> This First Amendment is executed as of the date written above. <br /> City of Please n Lifetime Tennis, Inc. <br /> By: . (2-"-et AW <br /> Nelson Fialho, City Manager Signature <br /> DIANA 6 L L <br /> Print name <br /> AT ' ST <br /> Title: 1)4-C S ' 1� t= '✓ 1 <br /> u/ //. [If Consultant is a corporation, signatures must comply <br /> ` aren 0 iaz, City with California Corporations Code§313] <br /> APPROVED AS 0 FORM: <br /> By: <br /> ' ir Signature <br /> Jonathan P. Lowell, City Attorney <br /> Print name <br /> Title: <br />