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<br />C. The parties have agreed to execute and record this Memorandum, intending that <br />it shall provide notice to third parties of the various covenants of the parties with respect to the <br />Property which are contained in the DDA. <br /> <br />D. The DDA is a public record and a copy thereof may be obtained from the City <br />Clerk of the City. <br /> <br />NOW, THEREFORE, the City, the Agency and the Developer agree as follows: <br /> <br />TERMS <br /> <br />Section I. Incorporation of Recitals. <br /> <br />The recitals set forth above are incorporated herein by reference. <br /> <br />Section 2. Incorporation of DDA. <br /> <br />The provisions of the DDA are incorporated herein by reference as though fully set <br />forth herein word for word. All defined terms not otherwise defined in this Memorandum shall have <br />the meaning provided in the DDA. <br /> <br />Section 3. Recordation of Memorandum. <br /> <br />This Memorandum shall be recorded in the real estate records of the County of San <br />Mateo, and shall serve to place all third parties on notice of the covenants contained in the DDA. <br /> <br />Section 4. Pertinent Provisions of DDA. <br /> <br />The DDA includes numerous provisions, some of which are briefly identified <br />below. The information provided is intended to be a brief statement of the relevant provision <br />and is not a comprehensive discussion thereof. Further, there are many provisions ofthe DDA <br />which are not specifically discussed in this Memorandum. Interested or affected parties should <br />carefully review the full text of the DDA. <br /> <br />a. The Developer must develop the Retail Cinema in Parcel A in accordance with <br />certain guidelines and the provisions of the DDA and subject to the codes and standards ofthe City. <br /> <br />b. The Developer is required to enter into a lease with a cinema operator for the <br />operation of the cinema theater which is an integral part of the Retail Cinema. <br /> <br />c. The Developer is required to develop and implement a traffic and parking <br />management program. <br /> <br />2 <br /> <br />REDW\OOO2\DOC\OO9-3 <br />6\30\04 1000 law <br />