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3 THIRD AMENDMENT TO AGREEMENT AND EXTENDING THE TERM OF
AGREEMENT BETWEEN
CITY OF FOSTER CITY AND THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC.
FOR THE USE OF OFFICE AND MEETING SPACE
THIS THIRD AMENDMENT is made and entered into as of December 16, 2024 (hereinafter, “Effective Date”), by and between the CITY OF FOSTER CITY, a municipal corporation, and THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (EMID), a political subdivision of the State of California, (hereinafter collectively referred to as “CITY”) and the FOSTER CITY VILLAGE, INC. a community non-profit organization (hereinafter, “FCV”) (collectively CITY and FCV hereafter “Parties”).
RECITALS
This Amendment is entered into with reference to the following facts and circumstances:
A. That CITY is the owner of land and improvements at 610 Foster City Boulevard commonly known as City Hall;
B. That FCV is a community non-profit organization that provides services in support of successful aging;
C. That, prior to and until this Agreement, FCV was utilizing office space at City Hall pursuant to a rental agreement;
D. That FCV and CITY have a common interest in ensuring that services are available and provided to Foster City’s aging population; E. That FCV and CITY previously entered into an agreement on December 13, 2021 for the above purposes (“Agreement”) which was set to expire on December 31, 2022; a First Amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023 and a Second Amendment was approved by the City Council for an additional one-year period through December 31, 2024; and Section 1.2 of the original Agreement allows for additional extensions to the term through June 30, 2026; and the parties now mutually desire to extend the term of the Agreement for an additional period of one year from January 1, 2 2
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3 2025 to December 31, 2025.
F. That FCV and CITY agree upon the terms and conditions as set forth in the sections below.
SECTION ONE: AGREEMENT TERM
Section 1.1 of the Agreement is hereby amended as follows:
1.1 Initial Term:
Subject to Section 13 and to the termination provisions contained herein, the initial term of the Agreement shall commence January 1, 2022, and expire on December 31, 2022, and is extended for a one-year extension period which shall commence January 1, 2025, and expire on December 31, 2025 (“Agreement Term”).
Except as provided above, all other terms of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT By: ______________________________
Stacy Jimenez, Mayor/Board President
ATTEST: Dated: __________________________
________________________________
Priscilla Schaus, City Clerk/District Secretary
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3 APPROVED AS TO FORM: Dated: ___________________________ _________________________________
Benjamin Stock, City Attorney/District Legal
Counsel
FOSTER CITY VILLAGE, INC.
Dated: ___________________________
_________________________________
Pam Frisella, President
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3 Exhibit A
DIAGRAM INDICATING PREMISES