Agmt04 BHV Innisfree - On Broadway RWC Parking Facilities Agmt

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DUPLICATE ORIGINAL FIRST AMENDMENT TO PARKING FACILITIES AGREEMENT THIS FIRST AMENDMENT lO PARKING FACILITIES AGREEMENT (this "Amended Agreement") is entered into this If' day of Sep, 2007 (the "Effective Date"), by and among the CITY OF REDWOOD CITY, a charter city and municipal corporation (the "City"), and ON BROADWAY INVESTORS, LLC, a Delaware limited liability company (the "Developer"), the successor in interest to ON BROADWAY REDWOOD CITY, LLC, a California limited liability company, and Buchanan Urban Investors, LLC, a California limited liability company (collectively, the "Parties"). RECITALS A. On or about July 12, 2004, the Parties hereto entered into the Parking Facilities Agreement (the "Original Agreement"). B. The Parties desire to amend certain provisions of the Original Agreement subject to the following: "Century Theatres, Inc. shall have the right at any time during the Term of the Parking Facilities Agreement to terminate this Amended Agreement by providing the City with written notice of such termination and the reinstatement of the terms of the Original Agreement." C. All other terms and conditions of the Original Agreement which are not inconsistent herewith shall remain in full force and effect. NOW, THEREFORE, the Parties hereto mutually agree: That paragraphs I-E, I-G, I-H, II-C, II-G, III-B, III-D and III-E be amended to read as follows: I. JEFFERSON GARAGE E. Parkinq Rates for Peak Periods. Subject to Sections I-F, I-G and I-H below, the hourly rate for use of the Jefferson Garage shall be two dollars and fifty cents ($2.50) per hour from 6:00 p.m. until 11 :00 p.m., Monday through Friday, and all day on weekends and holidays (collectively, "Jefferson Garage Peak Periods"), provided that such two dollars and fifty cents ($2.50) per hour minimum charge shall be adjusted by minimum increments of $0.50 to compensate for adjustments in the Consumer Price Index, All Items, for the San Francisco-Oakland-San Jose Area, All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of labor (1982-1984 equals 100) ("CPI"), as more particularly described on Schedule I attached hereto and made a part hereof. G. Parkinq for Patrons of Other Proiect Businesses. Patrons of other Project businesses presenting validation shall be entitled to receive free parking in the Jefferson Garage for a period not to exceed one and one/half (1.5) hours prior to presentation of such validation form at all times. Atty/Agr/Amend/Parking Facilities No 1 072407