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AMENDMENT NO.4 <br /> TO MANAGEMENT AGREEMENT • <br /> (RENEWAL) <br /> THIS AMENDMENT NO. 4(this"Amendment") is dated as of Wed&Ci 2019, by and <br /> between thetTTY OF EVERETT, a Washington municipcorporation(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 currently expires on December 31,2019. <br /> C. The purpose of this Amendment is to extend the Agreement for an additional two(2) <br /> years, so that it expires on December 31,2021. An additional purpose of this Agreement is to make <br /> certain changes to the Agreement's Scope of Work. <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, 2021. <br /> 2. Scope of Work. As of the date of this Amendment,the Agreement's Scope of <br /> Work is amended as set forth in the attached Exhibit A. <br /> 3. Possible Golf Course Closure. The Service Provider acknowledges that the City <br /> intends to explore alternative uses for one of the golf course properties. This could result in <br /> closure of one of the golf courses. The City is very early in the process specific to consideration <br /> of alternative golf course property uses. The City has made no decisions at this time. However, <br /> it is possible that closure decision for one of the two golf courses could be made prior to <br /> December 31,2021. Accordingly,notwithstanding any other provision in the Agreement,the <br /> parties agree as follows: <br /> A. In the event that the City decides to close a golf course, the City will give <br /> Service Provider written notice, and the parties will then negotiate for at least 30 days towards <br /> amendment of the current Agreement to delete the to-be-closed golf course from the Agreement <br /> for the remainder of the Agreement term. If the parties cannot agree to such an amendment for <br /> any reason, Service Provider acknowledges that the City may exercise its termination right under <br /> Agreement Section 9.E. <br /> Page 1 <br />