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6.1 F <br /> Page 6 <br /> AMENDMENT N0. 1 TO LICENSE AGREEMENT <br /> (Froyola LLC <br /> License Area 2A— 2206 Broadway} <br /> THIS AMENDMENT NO. 1 is entered into as of , 2010, amending the license <br /> agreement dated March 1, 2010 (the"Original License Agreement") by and befinreen the City of Redwood <br /> City, a chartered municipal corporation ("Licensor") and Froyola LLC, doing business as "Froyola Yogurt" <br /> hereinafter referred to as"Licensee", (collectively the"Parties"). <br /> RECITALS <br /> WHEREAS, Froyola LLC's anticipated opening date was April 2010, but personal family matters <br /> and physical limitations to layout the tenant improvements that meet both the County of San Mateo and <br /> City requirements delayed the opening of Froyola Yogurt; and <br /> WHEREAS, Froyola LLC requests a rent reduction based on the store opening delays and the <br /> high cost of tenant improvements; and <br /> WHEREAS, the City desires to assist Froyola LLC in its efforts to open Froyola Yogurt at <br /> Courthouse Square in fall 2010; and <br /> WHEREAS, the Parties have negotiated and agreed to the following amendments to the Original <br /> License Agreement. <br /> NOW THEREFORE, in consideration of these recitals and the mutual covenants contained <br /> herein, the Parties agree as follows: <br /> 1. Paragraph 3, Sections 3.1 is hereby amended to read as follows: <br /> 3. "LICENSE PAYMENTS <br /> 3.1 License Fee. The monthly license fee to be paid to the Licensor shall be six cents($Q.06} per <br /> square foot per month for a total of $81.72. Licensee shall pay to Licensor the monthly license fee <br /> beginning on June 1, 2011. License fees shall be payable in advance, on or before the first day of each <br /> and every month of the License Term." <br /> 2. Section 21 is hereby amended to read as follows: <br /> 21. "AMENDMENTS <br /> 21.1 The City authorizes the City Manager or his/her designee to amend the monthly rents, rent <br /> due dates, and CPI adjustments administra#ively. The terms of this Agreement may be amended only in <br /> writing and by mutual agreement between the Parties.° <br /> 3. All other provisions of the Agreement, as may have been amended from time to time, will remain <br /> in full force and effect. <br /> 4. All requisite insurance policies to be maintained by the Licensee pursuant to the Original License <br /> Agreement, as may have been amended from time to time,will include coverage for this Amendment. <br /> AnY/AGR/2010/AMENDMENTS/AMENDN0.1 FROYOLALICENSE � <br /> 080610 <br />