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H. The City and Developer fu rther amended the Original Agreement to extend the Term to July 19, 2023 (“Fifth Amendment”).
NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the parties hereto, and of other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto, intending legally to be bound, agree as follows:
1. Paragraph 1 of the Original Agreement (“Term”) is modified to read as follows:
The Term of this Agreement shall commence on the date City Counc il approves this Agreement (the “Effective Date”) and shall terminate on the effective date of the West Midway Disposition and Development Agreement or October 6, 2023, whichever date should occur first (the “Term”). The City Manager may grant an administrative extension of the term of the this Agreement beyond October 6, 2023, if the City Manager determines that it is in the best interests of the City of Alameda to delay the Second Reading of the Disposition and Development Agreement (DDA) currently planned for September 5, 2023 consistent with the first paragraph of Section 16.18 of the DDA (first reading approved on July 18, 2023).
2. Except as otherwise specifically provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect and are hereby ratified and confirmed in all respects by the parties hereto.
4. This Sixth Amendment and any amendments hereto may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all parties shall not have signed the same counterpart
IN WITNESS WHEREOF, the undersigned have executed this Sixth Amendment as of the date first written above:
[Signatures on following page]