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ATTACHMENT 2 <br /> FIFTH AMENDMENT TO AGREEMENT <br /> This Fifth Amendment to Agreement("Fifth Amendment")is entered into this 17th day of August 2021 <br /> by the City of Pleasanton("City")and Lifetime Activities("Lifetime") <br /> Whereas, on January 1, 2011 the City and Lifetime entered into an Operator Agreement for <br /> Tennis Services,and extended via an Extension of Operator Agreement from December 30,2016 to <br /> December 31. 2023 (collectively the"Agreement"); and <br /> Whereas,on March 17, 2021 the parties amended to the Agreement to include a one-year, <br /> subsidized bocce program offered by Lifetime, at the City's two (2) bocce courts located within <br /> Centennial Park, 5353 Sunol Boulevard, Pleasanton; and <br /> Whereas,the parties desire to amend the Agreement to include the maintenance of the City's <br /> two (2) bocce courts located within Centennial Park, 5353 Sunol Boulevard; <br /> NOW THEREFORE, in exchange for valuable consideration,the receipt of which is hereby <br /> acknowledged, the parties agree as follows: <br /> 1. Lifetime will provide five(5)weekly 75-minute maintenance/prep periods to include all <br /> Proposed Maintenance Steps/Needs as outlined in Exhibit A between August 17, 2021 <br /> and March 31, 2022 with the City providing a subsidy in the amount of$8,100 as <br /> outlined in Exhibit A. <br /> 2. This amendment may he executed in multiple counterparts, each of which shall be an <br /> original and all of which together shall constitute one agreement. Counterparts may be <br /> delivered via facsimile,electronic mail(including pdf or any electronic signature <br /> complying with U.S. federal E-Sign Act of 2000(15 U.S. Code §7001 et seq.); California <br /> Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.), or other <br /> applicable law)or other transmission method, and any counterpart so delivered shall be <br /> deemed to have been duly and validly delivered and be valid and effective for all <br /> purposes. <br /> 3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> In witness whereof, authorized representatives of the parties have executed this Fifth Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF ASANTON CONTRACTOR <br /> rian Do an, Interim City Manager Signature <br /> 0',✓A 6 > 1., L <br /> Print nan::;: <br />