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<br />ORIGINAL <br /> <br />LEASE AGREEMENT <br />(Lease Area 2A - 2206 Broadway) <br /> <br />THIS LEASE AGREEMENT ("Agreement", or "LEASE") is entered into as of <br />jt\y(\i ~ ' 2010, by and between: the Redevelopment Agency of the City of Redwood <br />City, a public body, corporate and politic, duly organized and existing under the laws of the <br />State of California ("Agency" or "Lessor"), and Froyola LLC., doing business as "Froyola <br />Yogurt", hereinafter referred to as "Lessee." <br /> <br />RECITALS: <br /> <br />A. WHEREAS, on May 3, 2005, the City of Redwood City ("City") entered into a 55-year <br />agreement with the County of San Mateo, with an option for up to four 10-year <br />renewal periods, entitled "Cooperative Agreement between the County of San Mateo <br />and the City of Redwood City for Preservation of the Historic County Courthouse <br />Block, Removal of the South Annex, Reconstruction of the Courthouse Fac;ade and <br />Creation of a Courthouse Plaza, and Grant of Easement and License" ("Cooperative <br />Agreement"). <br /> <br />B. WHEREAS, the Cooperative Agreement was amended on August 24,2006, through <br />the First Amendment to the Cooperative Agreement between the County of San <br />Mateo and the City of Redwood City for Preservation of the Historic County <br />Courthouse Block, Removal of the South Annex, Reconstruction of the Courthouse <br />Fac;ade and Creation of a Courthouse Plaza, and Grant of Easement and License <br />("First Amendment") to expand the Project to include the construction and placement <br />of a restroom facility. <br /> <br />C. WHEREAS, the Cooperative Agreement provides that the City may assign its <br />easement interest in any or all portions of the Courthouse Square with the consent of <br />the County. <br /> <br />D. WHEREAS, pursuant to a Partial Assignment and Assumption of Cooperative <br />Agreement, the City has assigned certain interests in the four Concession Spaces at <br />Courthouse Square to the Agency. <br /> <br />E. WHEREAS, Lessor has possession of Courthouse Square Concession Space <br />identified as Lease Area 2A (the "Premises" or the "Lease Area"), as described in the <br />legal description and plat map identified as Exhibit "A" and illustrated in the site <br />layout identified as Exhibit B, both of which are attached hereto and incorporated <br />herein by reference. <br /> <br />F. WHEREAS, Lessee wishes to lease the Premises to operate Froyola Yogurt, a <br />frozen yogurt store. <br /> <br />G. WHEREAS, Lessor and Lessee wish to enter into an agreement for the use of the <br />Premises by Lessee, its agents, customers, contractors, and assignees. <br /> <br />H. WHEREAS, concurrently with this Lease Agreement, City and Lessee have entered <br />into a License Agreement (the "License Agreement") allowing Lessee the right to use <br />certain areas surrounding the Premises, defined as License Area 2A. <br /> <br />ATTY/AGR/2009.081 <br />020110 <br /> <br />P5 Initials <br /> <br />Page 1 <br />