RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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2.03 Public Improvements. Developer shall have no financial responsibility, directly or indirectly, for public improvements necessary to be constructed for the redevelopment of other parcels in the Project Area (including, without limitation, the proposed road along the southern boundary of the property which the City has not required as a condition of the development). The road noted in Exhibit A to this Agreement shall include a turn -around area approximately 500 feet back from Marina Boulevard. Developer and Adjacent Developer shall provide the City of San Leandro with an easement providing sufficient area for a turn -around. Developer and Adjacent Developer shall have no financial responsibility to construct the turn -around. If the City extends the road beyond the turn -around into Site D on the parcel map such that the turn -around is no longer necessary at that location, City shall vacate the easements provided by Developer and Adjacent Developer. 2.04 Approval of Development Plan, Title and Environmental Condition. The Agency and City shall review the Development Plan submitted by the Developer pursuant to Section 1.02. Developer shall have the option of terminating this Agreement under the following circumstances: A) If the Development Plan is not approved by Agency and City prior to the Closing Date after good faith efforts by Developer to obtain approval, provided, however, that the Development Plan has been submitted to the City no later than October 1, 2001. B) If there are any changes in the Condition of Title prior to Closing, after approval of the Title Commitment and ALTA survey by Developer. C) Developer has reviewed various environmental reports provided by Agency and does not approve of the existing environmental condition of the Property. Developer and Agency must agree to a remediation plan, in Developer's sole discretion (notwithstanding the level of clean- up described in Section 3.06), which includes a time table, allocation of funding, responsibility, and allocation of responsibility of the work to be performed. If a draft of such agreement is not received by Developer by October 18, 2001, or if such agreement is not accepted by Developer in writing prior to the Closing Date, then this condition shall not be satisfied and Developer shall have the right to terminate this Agreement as provided below. , Developer's approval of the remediation plan may be conditioned upon obtaining a letter from the California Department of Toxic Substances Control (the "Department") stating that by purchasing a portion of the Hudson property, Developer is not assuming any liability with respect to the DWA plume and that the Department agrees to not make any claim against Developer with respect to the DWA plume. Disposition and Development Page 6 of 32 Agreement (Lavery California Dealership Properties No. 1 LLC)