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C. The parties have agreed to execute and record this Memorandum, intending that it shall provide notice to third parties of the various covenants of the parties with respect to the Property which are contained in the DDA. D. The DDA is a public record and a copy thereof may be obtained from the City Clerk of the City. NOW, THEREFORE, the City, the Agency and the Developer agree as follows: TERMS Section 1. Incorporation of Recitals. The recitals set forth above are incorporated herein by reference. Section 2. Incorporation of DDA. The provisions of the DDA are incorporated herein by reference as though fully set forth herein word for word. All defined terms not otherwise defined in this Memorandum shall have the meaning provided in the DDA. Section 3. Recordation of Memorandum. This Memorandum shall be recorded in the real estate records of the County of San Mateo, and shall serve to place all third parties on notice of the covenants contained in the DDA. Section 4. Pertinent Provisions of DDA. The DDA includes numerous provisions, some of which are briefly identified below. The information provided is intended to be a brief statement of the relevant provision and is not a comprehensive discussion thereof. Further, there are many provisions ofthe DDA which are not specifically discussed in this Memorandum. Interested or affected parties should carefully review the full text of the DDA. a. The Developer must develop the Retail Cinema in Parcel A in accordance with certain guidelines and the provisions of the DDA and subject to the codes and standards of the City. b. The Developer is required to enter into a lease with a cinema operator for the operation of the cinema theater which is an integral part of the Retail Cinema. c. The Developer is required to develop and implement a traffic and parking management program. RED\V\0002\DOC\009-3 2 6\30\04 1000 law .