Agmt 2006 Mercy Housing California (2)

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~ e.~~~ SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT This Second Amendment to Exclusive Negotiating Rights Agreement (this "Amendment") is entered into effective as of February 24, 2006, ("Effective Date") by and between Mercy Housing California, a California nonprofit public benefit corporation ("Developer") and the Redevelopment Agency of the City of San Leandro ("Agency"). Developer and Agency are hereinafter collectively referred to as the "Parties." Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Exclusive Negotiating Rights Agreement (as defined below). WHEREAS, the Parties entered into that certain Exclusive Negotiating Rights Agreement dated as of September 6, 2005 ("Agreement") pursuant to which among other obligations, the Developer agreed to obtain or perform certain economic and design analyses related to the redevelopment of the Islander Motel located on East 14tH Street in the City of San Leandro, and the Agency agreed to provide funding for such work in the amount and in accordance with the terms and conditions specified in the Agreement; WHEREAS, the Parties entered into that certain Amendment to Exclusive Negotiating Rights Agreement dated as of December 9, 2005 ("First Amendment"); and WHEREAS, the Parties desire to make certain additional modifications to the Agreement. NOW THEREFORE, in consideration of the mutual covenants of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows. Section 7 of the Agreement is amended to add the following to the first paragraph: In addition to the foregoing, as part of Developer's Predevelopment Work, Developer shall engage its architect, Kava Massih Architects, to prepare an alternative design for the front facade of the Project. Upon receipt of the design documents and an invoice therefor, Agency shall reimburse Developer for the cost of such additional design work in an amount not to exceed Four Thousand Five Hundred ($4,800). The Parties agree that to reflect the foregoing, in Exhibit B, the line item identified as "Architect" shall be in the amount of $14,500, and the total budget shall be in the amount not to exceed $31,645. 2. Section 3 of the Agreement is amended to extend the Term of the Agreement to May 31, 2006. 803576-]