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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
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