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ATTACHMENT 2 SECOND AMENDMENT TO USE AGREEMENT THIS SECOND AMENDMENT TO USE AGREEMENT, made this day of , 2021,by and between the CITY OF PLEASANTON, a municipal corporation of the State of California ("City"), and the PLEASANTON DOWNTOWN ASSOCIATION ("PDA"). RECITALS A. PDA is a nonprofit organization organized to provide services to promote and support Downtown Pleasanton. B. On November 6, 2018, City and PDA entered into a Use Agreement to provide use of the City owned building at 333 Division Street to PDA ("Use Agreement"). C. On October 20, 2020, City and PDA entered into a First Amendment to Use Agreement temporarily deferring rent payments for one year. D. City and PDA wish to amend the Use Agreement to provide for deferral of rent for an additional 14 months. IN CONSIDERATION of mutual covenants contained herein, the parties agree as follows: 1. Section 3 of the Use Agreement (Lease) is amended to read as follows: PDA covenants and agrees to pay City as rent each month the sum of $974.00, which is $1.00 per square foot of rentable building area, beginning with the fourth month of occupancy on March 1, 2019. In 2020, and each calendar year thereafter, the monthly rate will be adjusted by the annual Consumer Price Index for the preceding year. If the annual Consumer Price Index does not increase, the monthly rate will remain in effect. Payment of rent under this section shall be deferred from November 1, 2020 to December 31, 2022. The total amount of deferred rent shall be $25,896. This deferred rent shall be repaid over a 72 -month period without interest beginning on January 1, 2023 as reflected in the loan schedule attached as Attachment A. Rent during this 72 -month period shall be $359.67 in addition to the regularly monthly rent payment. 2. The attached loan schedule is attached to the Use Agreement as Attachment A. Other than amended above, the Use Agreement remains in full force and effect.