RecD04 2004-176824 - Laserfiche WebLink

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� .�^�n�A �� �. . ,.::�,�7 ii LI'...., -� AMENDMENT NO. 1 TO RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT (� T is A endment No. 1 is entered into and effective as of the�day of � , 2016, amending the Reciprocal Easement and Main enance Agreem nt dat d July , 2004, (the "Agreement") by and befinreen the City of Redwood C' , a charter city nd municipal corporation ("City"), the Redevelopment Agency of the City of Redwood City, a public body corporate and politic ("Agency"), and On Broadway Investors, LLC, a Delaware limited liability company, as successor in interest to, On Broadway Redwood City, LLC, a California limited liability company), (°Developer") (collectively, the "Parties°). RECITALS A. On December 9, 2002, the Parties entered into an Amended and Restated Disposition and Development Agreement for powntown-Retail-Cinema-Office and Parking Project("the DDA"). The DDA required that the parties enter into a "Maintenance Agreement" regarding the maintenance of the Project; and B. On July 12, 2004, the Parties executed Reciprocal Easement and Maintenance Agreement ("Agreement"); and C. Pursuant to Recital B of the Agreement, the Parties may "enter into additional agreements from time to time to further provide for specific and detailed maintenance obligations as contemplated in the DDA"; and D. The Parties now desire to amend the Agreement in order to (1) add an additional scope of work to the Agreement and (2) revise the affirmative maintenance obligations required by each Party. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. Section 8. Affirmative Maintenance Obliqations shall be deleted in its entirety and replaced with the following revised language: Section 8. Affirmative Maintenance Obliaations. In addition to the obligations provided hereinabove which relate to the maintenance of the easements, the parties hereto desire to provide herein for certain maintenance obligations imposed on the parties under Section 519 of the DDA relating to the maintenance of the Project, and accordingly agree as follows: a. The Developer and its successors will at all times maintain the exterior walls of the Project, located within the Project in a neat, clean, safe litter-free and sanitary condition, consisten# with the standards applicable to a first class project and in compliance with atl applicable legal standards and requirements. This obligation shall include, without limitation, (i) all of the area encompassed within Parcel A, (ii) all ground level entry lobbies to the ATTY/AGR/2016/AMENDMENTS/AMEND NO. 1 ON BROADWAY REV:04-19-16 FF Page 1 of 9