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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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090622
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8/31/2022 2:00:49 PM
Creation date
8/31/2022 2:00:16 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/6/2022
DESTRUCT DATE
15Y
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ATTACHMENT 2 <br />THIRD AMENDMENT TO AGREEMENT <br />This Third Amendment to Agreement ("Third Amendment") is entered into this 6th day <br />of September 2022 by the City of Pleasanton ("City") and Tri -Valley Repertory Theatre <br />("Contractor") <br />Whereas, on April 9, 2018 the City and Contractor entered into a Services Agreement <br />Theatrical Production Services for Civic Arts Presents Programs, as amended by the First <br />Amendment dated January 20, 2019 and the Second Amendment dated October 5, 2021, which <br />extended the terms, altered compensation and updated Consultant's services (collectively the <br />"Agreement"); and <br />Whereas, the Agreement contemplated the parties' ability to extend the Agreement for <br />additional years; and <br />Whereas, the parties desire to amend the Agreement for this third of four allowable <br />extensions (as COVID-19 did not allow for Contractor to provide services for FY 2020/2021). <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby <br />acknowledged, the parties agree as follows: <br />1. Section 3 (Term) is amended to extend the term through June 30, 2023. <br />2. Section 1. (Consultant's Services) and Section 4 (Compensation) of the Agreement is <br />amended to reference the attached Scope of Services — Exhibit A. <br />This Third Amendment may be executed in multiple counterparts, each of which shall <br />be an original and all of which together shall constitute one agreement. Counterparts <br />may be delivered via facsimile, electronic mail (including pdf or any electronic <br />signature complying with U.S. federal E -Sign Act of 2000 (15 U.S. Code §7001 et <br />seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et <br />seq.), or other applicable law) or other transmission method, and any counterpart so <br />delivered shall be deemed to have been duly and validly delivered and be valid and <br />effective for all purposes. <br />4. 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 Third <br />Amendment as of the date first above written. <br />k/ <br />
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