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WHEREAS, Applicant desires to amend PD-66-2 to clarify there is no such sidewalk requirement, <br />and City agrees to execute and record the same pursuant to an administrative amendment provisions of San <br />Leandro Zoning Code section 3-1026. <br />NOW, THEREFORE, pursuant to Section 3-126 of the San Leandro Zoning Code, it is mutually <br />agreed as follows: <br />1. PD-66-2 does not require Applicant to construct or maintain a public sidewalk along the face <br />of the Shopping Center buildings. <br />2. To the extent that any provisions of the PD-66-2 permit pre-dating this Amendment may be <br />interpreted as including this sidewalk requirement, the PD-66-2 is hereby amended to eliminate the <br />requirement that the Applicant construct or maintain a public sidewalk along the face of the Shopping Center <br />buildings. The remaining provisions of the PD-66-2 permit remain in full force and effect. <br />3. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their <br />respective heirs, successors, and assigns. <br />4. City is authorized to record this Amendment and any amendments thereto with the Alameda <br />County Recorder, California. All amendments hereto must be in writing and signed by the appropriate <br />authorities of the City and Applicant. City will arrange initial recordation but if amendments are necessary, <br />Applicant will be charged the costs of recordation and agrees to pay same. City agrees to mail Applicant a <br />copy of the recarded document. <br />5. Applicant has read and fully understands all of the foregoing terms and condition, and hereby <br />agrees that all said terms and condition are as approved by the San Leandro Community Development <br />Director in accordance with law, and hereby agrees to comply with all of said terms and conditions. <br />1013260-4 <br />