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<br />follows: $58,725 due on the date on which this Agreement is entered; and <br />$50,000 due on or before January 15, 2007. <br /> <br />3. As set forth in the Original Agreement, City will use the Payment In - Lieu <br />of Cash Advance made by Developer pursuant to this Amended Agreement for <br />the construction of the improvements, and no other purpose. <br /> <br />4. City and Developer agree that the Payment In-Lieu of Cash Advance <br />satisfies the requirements of Condition XIII, Section B, Item 7 of Planned <br />Development 2002-00031, dated November 4,2002 ("Condition") and Developer <br />is under no further obligation to advance funds to the City and City is under no <br />obligation to provide reimbursement to the Developer, as set forth in the <br />Condition. It is expressly understood that all other provisions of the Original <br />Agreement and Conditions of Approval shall remain in full force and effect. <br /> <br />The parties hereby accept the terms here and above and execute the First <br />Amended Agreement as authorized by the City Council of the City of San <br />Leandro. <br /> <br />CITY OF SAN LEANDRO <br /> <br />--"_..,_._._.~.._.-._~ <br /> <br /> <br />~'-<. <br /> <br />Dated: 1'1)1"7/06 <br /> <br />DEVELOPER: <br />Bayside BC, LP <br />A California Limited Partnership <br /> <br />By: McMahon Development Group, LLC <br /> <br />By: <br /> <br />~. <br /> <br />r <br /> <br />Dated: !o/!I:-jo". <br /> <br /> <br />862882-1 <br />