RDA Agmt 2004 1040 Davis Partnership LLC

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construction work and shall require its contractors and subcontractors to refrain from discrimination on such basis. 3,09 Certificate of Completion for Improvements. No later than sixty (60) days after completion of construction of Improvements in accordance with those provisions of this Part as indicated by issuance of a certificate of occupancy by the City for the second or final building to be completed, the Agency will provide an instrument so certifying provided that, at the time such certification is issued, the Improvements have been completed (hereafter "Certificate of Completion"). Such Certificate of Completion shall be conclusive determination that the covenants in this Agreement with respect to the obligations of Developer, its successors and assigns, to construct the Improvements and the dates for the beginning and completion thereof have been met. Such Certificate of Completion shall be in such form as will enable it to be recorded among the official records of Alameda County. Such Certificate of Completion and determination shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a deed of trust securing money loaned to finance the Improvements or any part thereof and shall not be deemed a notice of completion under the California Civil Code. 3.10 Completion of the Improvements and Use of Property. The Developer, for itself, its successors and assigns, hereby covenants and agrees diligently to perform in accordance with the following provisions ("Operating Covenants"): (a) To prosecute to completion the construction of the Improvements no later than 18 months after the Close of Escrow; and (b) To operate an office serving as the primary place of business for McNely Construction for a period of no less than ten (10) years, from date of issuance of the Certificate of Completion, at the Property; and (c) To receive Agency approval of all tenants for a period of no less than ten (10) years, from date of issuance of the Certificate of Completion, at the Property, which approval shall not be unreasonably withheld, and not to store construction equipment outside on the property following the issuance of the Certificate of Completion; and (d) Not to subdivide the Property for a period of no less than ten (10) years, from date of issuance of the Certificate of Completion; and (e) To repay the Agency the total amount for Utility Underground Conversion Fees and Development Fee for Street Improvements in accordance with Section 3.01 of this Part; and (f) To maintain the Improvements in full accordance with the community standards adopted by the City of San Leandro, and as enforced by any department or branch thereof, including the Agency, as long as Developer owns the property. Article Four: CHANGES IN DEVELOPER Disposition and Development page 7 Agreement - 1040 Davis Street May 14, 2004 FINAL