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AGREEMENTS <br /> For good and valuable consideration,the receipt and sufficiency of which are hereby <br /> acknowledged and in accordance with the terms of the Agreement, Developer and the City <br /> hereby amend the Agreement as follows: <br /> 1 TRANSFER OF CINEMA FROM FIRST PHASE TO CINEMA ELEMENT <br /> PHASE. <br /> 1.1 Recital E of the Agreement is hereby amended as follows, with gray-highlighted <br /> language added and struck-out language deleted: <br /> E. Developer has worked with the City to put together a new plan for the <br /> development of the Developer Property(the"Project"). The Project will be developed <br /> in phases(each,a"Phase"). The first phase of the Project(the"First Phase")is shown <br /> in the site plans attached as Exhibit C (the "First Phase Drawings"), except that the <br /> First Phase does not include the cinema shown in the First Phase Drawings, which is <br /> the blue-green building shown in the northwest portion of the First Phase Drawings on <br /> the west end of the public plaza. As shown in the First Phase Drawings, the key <br /> elements of the First Phase are (1) a minimum of two mixed use buildings, (2) a <br /> grocery store, which will be a specialty grocer ranging from 10,000 to 35,000 square <br /> feet offering a variety of groceries, wine and other related fresh and packaged <br /> merchandise, including some upscale and gourmet items; (3) a cinema, (43) a public <br /> plaza in front of the cinema in accordance with the Development Agreement as <br /> amended, (54) the "First Phase Park Project" as set forth hereunder and in the 2nd <br /> DA Amendment defined below, and (65) associated parking (such six five elements, <br /> the "First Phase Key Elements"). The approximate boundaries of the First Phase <br /> property are as shown in the First Phase Drawings (the "First Phase Property"), but <br /> for the purposes of this Agreement.the First Phase does not include the Main Road as <br /> defined herein and does not include the property within the footprint of the blue-green <br /> building in the First Phase Drawings (such property within such footprint, the <br /> "Cinema Element Property"). In addition, the Project includes several phases after <br /> the First Phase (the "Remaining Phases"; individually, "Second Phase" through <br /> "Sixth Phase" and, with respect to the Cinema Element Property, the `'Cinema <br /> Element Phase"). The Remaining Phases are shown in the site plans attached as <br /> Exhibit D (the "Remaining Phase Drawings"). <br /> 1.2 A new Section 3.4 is added to the Agreement to read as follows: "As stated in the 2nd <br /> Amendment to the DA and subject to the alternative approval process in Section 1 of <br /> the DA Addendum, Developer will, prior to the completion of the Third Phase, <br /> complete the Cinema Element Phase." <br /> 1.3 The first sentence of Section 6.1.1 of the Agreement is hereby amended as follows, <br /> with gray-highlighted language added: "After the Effective Date, Developer may <br /> "Transfer" (as defined in Section Error! Reference source not found. below) the <br /> portions of the First Phase Property and the Cinema Element Property to be used for <br /> the grocery store or the cinema to the owners or operators of such grocery store or <br /> 2 <br />