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ORIGINAL AMENDMENT NO. 1 TO LICENSE AGREEMENT (Froyola LLC License Area 2A — 2206 Broadway) THIS AMENDMENT NO. 1 is entered into as of (ifA - , 2011, amending the license agreement dated March 1, 2010 (the "Original License • gr-ement ") by and between the City of Redwood City, a chartered municipal corporation ( "Lice sor ") and Froyola LLC, doing business as "Froyola Yogurt" hereinafter referred to as "Licensee ", (collectively the "Parties "). RECITALS WHEREAS, Froyola LLC's anticipated opening date was April 2010, but personal family matters and physical limitations to layout the tenant improvements that meet both the County of San Mateo and City requirements delayed the opening of Froyola Yogurt; and WHEREAS, Froyola LLC requests a rent reduction based on the store opening delays and the high cost of tenant improvements; and WHEREAS, the City desires to assist Froyola LLC in its efforts to open Froyola Yogurt at Courthouse Square in fall 2010; and WHEREAS, the Parties have negotiated and agreed to the following amendments to the Original License Agreement. NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. Paragraph 3, Sections 3.1 is hereby amended to read as follows: 3. "LICENSE PAYMENTS 3.1 License Fee. The monthly license fee to be paid to the Licensor shall be six cents ($0.06) per square foot per month for a total of $81.72. Licensee shall pay to Licensor the monthly license fee beginning on June 1, 2011. License fees shall be payable in advance, on or before the first day of each and every month of the License Term." 2. Section 21 is hereby amended to read as follows: 21. "AMENDMENTS 21.1 The City authorizes the City Manager or his /her designee to amend the monthly rents, rent due dates, and CPI adjustments administratively. The terms of this Agreement may be amended only in writing and by mutual agreement between the Parties." 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Licensee pursuant to the Original License Agreement, as may have been amended from time to time, will include coverage for this Amendment. ATTY /AGR /2010 /AMENDMENTS /AMENDN0.1 FROYOLALICENSE 080610