RDA Agmt 2004 1040 Davis Partnership LLC (2)

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AN AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO AND 1040 DAMS PARTNERSHIP LLC FOR THE DISPOSITION AND DEVELOPMENT OF THE PROPERTY LOCATED AT 1016, 1040, 1048, AND 1052 DAMS STREET (APNS: 075- 0148-05, 075-0148-06-01, 075-0148-07, 075-0148-08-02) This Amendment to the DISPOSITION AND DEVELOPMENT AGREEMENT entered into by and between the CITY OF SAN LEANDRO REDEVELOPMENT AGENCY and 1040 Davis Partnership LLC, dated June 7, 2004 ("Amendment") is made as of this 20th day of September, 2004 by and between the CITY OF SAN LEANDRO REDEVELOPMENT AGENCY ("Agency") and 1040 DAMS PARTNERSHIP LLC ("Developer"). RECITALS A. Agency and Developer (collectively, "Parties") entered into a Disposition and Development Agreement ("DDA") for the development of the Property at 1016-1052 Davis Street, San Leandro. B. The Parties now desire to amend the DDA to change the Development Plan to allow one larger building instead of two smaller buildings. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and conditions contained in this Agreement, the Parties agree to amend the DDA as follows: 1. Section 102 of the Disposition and Development Agreement entered into between the Parties is hereby amended as follows: "Prior to the execution of this Agreement, the Developer duly submitted to the Agency a Development Plan for the development of the Property, which plan also forms part of the Developer's submittal to the City of San Leandro for a Planned Development application. By execution of this Agreement the Agency hereby approves said Plan. The Development Plan, which is attached hereto as Exhibit B and by this reference incorporated herein, calls for the renovation and expansion of the existing building for office use. The Development Plan is consistent with the Plaza Redevelopment Plan and Davis Street Urban Design Plan, and sets forth in drawings and models and/or elevations, the size and location of buildings, the number and location of parking spaces, the specific treatment and location of all landscaping amenities, the location of all pedestrian and automobile ingress and egress points, the proposed uses of the various portions of the buildings, and the location of other public streets and improvements. The development as set out in the Development Plan is hereinafter referred to as the "hnprovements."" 2. Exhibit B is hereby replaced with the attached Site Plan/DevelopmentP1an.