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AMENDMENT NO.2 <br /> TO MANAGEMENT AGREEMENT <br /> (RENEWAL) <br /> THIS AMENDMENT NO. 2 (this "Amendment") is dated as of , 2012, by and <br /> between the CITY OF EVERETT, a Washington municipal corporation(the"City") and PGC <br /> INTERBAY, LLC, a California limited liability company("Service Provider"). <br /> RECITALS <br /> A. This Amendment concerns the American Legion Memorial Golf Course and <br /> Walter E. Hall Management Agreement dated July 26, 2007, as amended,which includes a <br /> Scope of Work and Exhibits A through M(collectively,the"Agreement"). <br /> B. The term of Agreement expires on September 30,2012. <br /> C. The purpose of this Amendment is to renew the Agreement for an additional five(5) <br /> years and three(3)months,so that it expires on December 31,2017. An additional purpose of this <br /> Agreement is to make certain changes to the Agreement's Scope of Work and its Exhibits. <br /> AGREEMENT <br /> For good and valuable consideration,the receipt and sufficiency of which is <br /> acknowledged,the City and Service Provider agree as follows: <br /> 1. Term of Agreement. The Agreement, including without limitation Section 1 of <br /> the Agreement,is amended so that the Agreement expires on December 31, 2017. <br /> 2. Revisions and Clarifications to Agreement Sections. <br /> a. Section 7 (Capital Improvements). With respect to the sentence in <br /> Section 7 stating that"N[n]o alterations or improvements shall be made without the written <br /> consent of the City,"the City's written consent may be delivered by email from the Parks <br /> Director or his/her designee. <br /> b. Section 13 (Use of Facility and Compliance with Laws). The first <br /> sentence of Section 13 is deleted and replaced with the following sentence: "During the term of <br /> this Agreement and subject to the provisions of this Agreement,the Facility shall be open to the <br /> public and operated on a daily fee basis unless otherwise provided and agreed to in the Annual <br /> Budget and Program or written direction from the City." <br /> 3. Scope of Work. As of the date of this Amendment,the Agreement's Scope of <br /> Work and Exhibits are amended as set forth in the attached Exhibit A. <br /> 4. Full Force and Effect. All provisions of the Agreement remain in full force and <br /> effect, except as expressly modified by this Amendment. <br /> Page 1 <br /> 8 <br />