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<br />ORIGINAL <br /> <br />AMENDMENT NO.1 TO LEASE AGREEMENT <br />(Lease Area 1 B) <br /> <br />THIS ADMENDMENT NO. 1 is entered into as of , 2009, amending <br />the lease agreement dated November 19, 2007 (th 'Original Lease Agreement") by <br />and between the Redevelopment Agency of the City of Redwood City, a public body, <br />corporate and politic, duly organized and existing under the laws of the State of <br />California ("Agency" or "Lessor"), and Daily Boost LLC, d.b.a. "Daily Boost", hereinafter <br />referred to as "Lessee" , (collectively the "Parties"). <br /> <br /> <br />RECITALS <br /> <br />WHEREAS, current market conditions, delays in the opening of Daily Boost, cold <br />weather, vacant kiosks, time to build a customer base, and less than projected sales <br />have resulted in Daily Boost not achieving its targeted revenues; and <br /> <br />WHEREAS, Daily Boost strives to sustain its presence at Courthouse Square; <br /> <br />and <br /> <br />WHEREAS, the Agency continues its efforts to secure long-term, successful <br />tenants in the remaining vacant kiosks; and <br /> <br />WHEREAS, the Agency values Daily Boost's business presence at Courthouse <br />Square and desires to keep Daily Boost as a tenant of Courthouse Square; and <br /> <br />WHEREAS, Daily Boost has requested a modification to its terms of payment <br />and hours of operations in order to continue to serve Redwood City residents and <br />downtown visitors; and <br /> <br />WHEREAS, the Agency Board would like to execute subsequent amendments to <br />the terms of payment and hours of operation; and <br /> <br />WHEREAS, the Parties have negotiated and agreed to the following <br />amendments to the Original Agreement. <br /> <br />NOW THEREFORE, in consideration of these recitals and the mutual covenants <br />contained herein, the Parties agree as follows: <br /> <br />1. Paragraph 3, Sections 3.1, 3.2, and 3.7 are hereby amended to read as <br />follows: <br /> <br />"3. LEASE PAYMENT <br /> <br />3.1 Lease Payment. The rnonthly rent to be paid to the Lessor shall be <br />determined by the following: <br /> <br />ATTY/AGR/2009/AMENDNO.1 DAIL YBOOST <br />040109 <br />