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