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First Amendment Page 1 <br />FIRST AMENDMENT TO AGREEMENT <br /> <br /> <br />This First Amendment to Agreement ("First Amendment") is entered into this 30th day of July, <br />2026, by the City of Pleasanton ("City") and Lifetime Activities, Pleasanton, LLC ("Contractor”) <br /> <br />Whereas, on December 5, 2023, the City and Lifetime Tennis, Inc., a California <br />corporation, (hereinafter “Contractor”), DBA Lifetime Activities, entered into an Agreement for <br />tennis operations and maintenance services ("Agreement"); and <br /> <br />Whereas, Contractor seeks to assign the Agreement to a Lifetime Activities, Pleasanton, <br />LLC, a distinct California legal entity (hereinafter “Assignee”), for the remainder of the Term; <br />and <br /> <br />Whereas, Assignee desires to accept such assignment and assume all the Contractor’s <br />rights, duties, and obligations under the Agreement; and <br /> <br /> Whereas, the Section 14. Miscellaneous Provisions. D. requires Director approval for <br />transfer or assignment of the Agreement; and <br /> <br />Whereas, the Director approves and consents to the transfer of the Agreement to <br />Assignee subject to the terms and conditions set forth herein. <br /> <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby <br />acknowledged, the parties agree as follows: <br /> <br />1. Assignment. Effective as of the Amendment Effective Date, Contractor hereby assigns, <br />transfers, and conveys to Assignee all of the Contractor’s rights, title, interest, duties, <br />obligations, and liabilities under the Agreement, including but not limited to: <br /> <br />a. Rights to compensation. All rights to receive any compensation, fees, or payments <br />due or to become due under the Agreement on or after the Amendment Effective <br />Dates. <br /> <br />b. Obligations and Duties. All obligations, duties, covenants, responsibilities, and <br />liabilities of Contractor under the Agreement. <br /> <br />2. Assumption. Effective as of the Amendment Effective Date, Assignee hereby accepts the <br />forgoing assignment and assumes, undertakes, and agrees to perform, discharge, and <br />fulfill the Contractor’s duties, obligations, and liabilities under the Agreement as if <br />Assignee were the original party thereto, including but not limited to: <br /> <br />a. Performance of Services. All obligations to perform services or deliver work <br />product as required by the Agreement. <br /> <br />b. Compliance Obligations. All obligations to comply with the terms, conditions, <br />representations, and warranties set forth in the Agreement. <br /> <br />c. Indemnification Obligations. All indemnification obligations and liabilities, <br />whether arising from events occurring before or after the Amendment Effective <br />Date, to the extent provided in the Agreement. <br />Docusign Envelope ID: 2BFC2BE1-DAC1-86B1-8058-14DBF6B41F0D