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ORIGINAL <br /> AMENDMENT NO. 1 TO LEASE AGREEMENT <br /> (Froyola LLC <br /> Lease Area 2A — 2206 Broadway) <br /> THIS AMENDMENT NO. 1 is entered into as of <br /> /14 <br /> , 2011, amending the lease <br /> agreement dated March 1, 2010 (the "Original Leasereement ") by and between the <br /> Redevelopment Agency of the City of Redwood City, a public body, corporate and politic, duly <br /> organized and existing under the laws of the State of California ( "Agency" or "Lessor "), and <br /> Froyola LLC, doing business as "Froyola Yogurt", hereinafter referred to as "Lessee ", <br /> (collectively the "Parties "). <br /> RECITALS <br /> WHEREAS, Froyola LLC's anticipated opening date was April 2010, but personal family <br /> matters and physical limitations to layout the tenant improvements that meet both the County of <br /> San Mateo and City requirements delayed the opening of Froyola Yogurt; and <br /> WHEREAS, Froyola LLC requests a rent reduction based on the store opening delays <br /> and the high cost of tenant improvements; and <br /> WHEREAS, the Agency Board desires to assist Froyola LLC in its efforts to open Froyola <br /> Yogurt at Courthouse Square in fall 2010; and <br /> WHEREAS, the Parties have negotiated and agreed to the following amendments to the <br /> Original Lease Agreement. <br /> NOW THEREFORE, in consideration of these recitals and the mutual covenants <br /> contained herein, the Parties agree as follows: <br /> 1. Subsection (b) of Paragraph 3.1 is hereby amended to read as follows: <br /> "3.1(b) The monthly rent to be paid to the Lessor shall be $1.00 effective October 1, 2010 <br /> to May 31, 2011. Thereafter, the monthly rent shall be $1.73 per square foot ($330.00 per <br /> month)." <br /> 2. Section 38.1 is hereby amended to read as follows: <br /> "38.1 The Redevelopment Agency Board authorizes the Executive Director or his /her <br /> designee to amend the monthly rents, rent due dates, hours of operations, and CPI adjustments <br /> administratively. The terms of this Agreement may be amended only in writing and by mutual <br /> agreement between the Parties." <br /> 3. All other provisions of the Agreement, as may have been amended from time to time, will <br /> remain in full force and effect. <br /> 4. All requisite insurance policies to be maintained by the Lessee pursuant to the Original <br /> Lease Agreement, as may have been amended from time to time, will include coverage for this <br /> Amendment. <br /> ATTY /AGR /2010 /AMENDMENTS /AMENDN0.1 FROYOLALEASE <br /> 080610 <br />