RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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10. The Agency shall deliver to Developer at closing the Agency's and City's certification that the Development Plan meets the requirements of the Redevelopment Plan as well as applicable zoning and land use ordinances and requirements. 11. Developer and Agency shall have entered into an Agreement, which Agreement shall be approved by the Executive Director, to provide for the possible purchase by Developer of the northeasterly half of Parcel D as shown on the plat map. 12. The Agency and/or Yokota shall have entered into a demolition contract and a remediation contract providing for all work necessary to have the Property by in the condition required hereunder. 13. The Agency and Developer shall have entered into the easement agreement described in Section 2.03 above for the proposed road turn around. 14. Developer shall have received "reliance letters" satisfactory to Developer with respect to the existing environmental reports relating to the Property. 15. All appropriate governmental agencies shall have approved of the proposed remediation of the Property. If any of the foregoing conditions are not satisfied on the Closing Date (it being understood that the Agency shall satisfy numbers 5, 6, 8 and 10 above and shall use its best efforts to satisfy all of the other foregoing conditions), then the Developer shall have the right to terminate this Agreement by written notice to Agency, in which case this Agreement shall automatically terminate and neither party shall have any further obligation or liability hereunder. Article Four: CONSTRUCTION OF IMPROVEMENTS 4.01 City of San Leandro Approval. Promptly after the time Developer receives approval of its Construction Plans for the Improvements from the Agency, Developer shall apply to the City, diligently pursue, and obtain all permits necessary for the construction of the Improvements. Developer acknowledges that execution of this Agreement by the Agency does not constitute approval by the City, does not limit in any manner the discretion of the City in the approval process, and does not relieve Developer from the obligation to obtain all necessary permits. Developer shall promptly pay when due all customary and reasonable fees and charges of the City in connection with the processing and consideration of the City permits and approvals contemplated by this Section 4.01. Disposition and Development Page 11 of 32 Agreement (Lavery. California Dealership Properties No. 1 LLC)