AgdaPkt 2025.09.08 Joint SA PFA - Laserfiche WebLink

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REV: 08-26-25 VR (c)On October 22, 2013, the City entered into that certain Parking Covenant and Agreement with Crossing 900 Owner (the “Parking Agreement”). In satisfaction of the City’s obligations under Section VII of the Original Agreement, the Parking Agreement requires Crossing 900 Owner to make available to the public 290 parking spaces on all nights and weekends, with up to 4 hours of free parking (subject to validation requirements) for patrons of the Cinema, the Project and downtown businesses, and sets parking rates for public parking of not less than the parking rates charged by the City at the Jefferson Garage, but no more than 125% of said parking rates (collectively, the “290 Parking Requirements”). The City shall, at all times during the Term of the Agreement (as may be renewed and extended), exercise the City’s rights and take all actions under the Parking Agreement to enforce the 290 Parking Requirements. The City shall not enter into an amendment, modification or termination of the Parking Agreement nor grant any approvals or rights under the Parking Agreement that terminate, modify or otherwise affect the 290 Parking Requirements. (d)The Parties acknowledge and agree that because the City does not have ownership or control of the Block Two Parking Lot, it cannot directly make available the parking as set forth in Section II of the Original Agreement, nor directly satisfy the remaining requirements in Section II. The Parties acknowledge and agree that, subject to the City’s obligation to enforce the 290 Parking Requirements under the Parking Agreement as set forth in Section 4(c) above, the City’s obligations under Section II of the Agreement are, therefore, of no effect. (e)The Parties further acknowledge and agree that Crossing 900 Owner’s obligations as secured by the City under the Parking Agreement, as referred to in Section 4(c) above herein, satisfy the City’s obligations under Section VII of the Original Agreement, so long as the City at all times during the Term of the Agreement (as may be renewed and extended) enforces the 290 Parking Requirements in the Parking Agreement as set forth above. 5.Assignment. Developer shall have the right to assign its interest in the Agreement, including this Third Amendment, and City agrees to execute any documents reasonably requested by Developer to effectuate such assignment. 6.Ratification. The Parties acknowledge and agree that the Agreement, except as amended by this Third Amendment, remains unmodified and in full force and effect in accordance with its terms. 7.Interpretation. As used in this Third Amendment, masculine, feminine or neutral gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be constructed as if followed by the words “without limitation.” This Third Amendment shall be interpreted as though prepared jointly by both parties. (Signatures page follows) ATTY/AGR.2025/Amend. No.3/and RAR2 - BROADWAY AT REDWOOD CITY - CA, INC. (Page 3 of 5) 8.G. - Page 7 of 40 124