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AMENDMENT TO THE MAINTENANCE, <br />OPERATION AND RECIPROCAL <br />EASEMENT AGREEMENT <br />This amendment ("Amendment") is to the Maintenance, Operation and <br />Reciprocal Easement Agreement ("MOREA"), originally executed on October 22, <br />1984, by and between Sizzler Restaurants International, Inc., Eureka Federal Savings <br />and Loan Association of San Francisco ("EFS") and the City of San Leandro ("City"). <br />1. BUFFET FORTUNA AS REDEVELOPER. Sizzler Restaurants <br />International, Inc., referred to as the "Redeveloper" in the MOREA, has sold its <br />interest in the real property commonly known as 1330 Washington Avenue to Albert <br />Fong, Amy Fong, Zhao K. Fong, and Ling Chi Wu Fong (collectively "Buffet <br />Fortuna"), who are operating, or will operate, on the site as Buffet Fortuna <br />restaurant. <br />Albert Fong, Amy Fong, Zhao K. Fong, and Ling Chi Wu Fong agree to assume <br />all benefits and responsibilities of Sizzler Restaurants International, Incorporated, as <br />set forth in the MOREA. <br />2. CITY ELECTION TO TAKE OVER MAINTENANCE AND <br />OPERATION. Pursuant to Section 503 of the MOREA, the City elects to perform <br />the functions of the Operator, as provided in the MOREA. City shall commence its <br />maintenance and operations activities thirty (30) days following the date of this <br />Amendment. <br />3. CALCULATION OF MAINTENANCE COSTS. Buffet Fortuna and <br />EFS shall each pay their respective share of the maintenance cost based on the <br />following formula: <br />One-half (1/2) of the total costs incurred by the City for <br />maintenance and operations of the Common Area and <br />twelve (12) unreserved parking spaces; plus an annual <br />adjustment based on any increase in the Consumer Price <br />Index, with such annual adjustment not to exceed five <br />percent (5%); and total maintenance costs capped at three <br />thousand six hundred dollars ($3,600.00). <br />Amendment to MOREA <br />April 23, 1997 Page 1 of 3 <br />