RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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AGREED: PART ONE: DEFINITIONS "Adjacent Developer"- The Batarse Family Trust, U.T.A. dated May 7, 1987, Anthony A. Batarse, Jr., Trustee, or its successor in interest. "Agency" - The Redevelopment Agency of the City of San Leandro. "Agreement" - This Disposition and Development Agreement between Developer and Agency, including the recitals, which shall be binding and a part of this Agreement. "Certificate of Completion" - As defined in Section 4.10 of Part Two of this Agreement, notification by the Agency that Developer has completed the Improvements. "City" - The City of San Leandro. "Closing Date" - The date of the close of escrow for the sale of the Property to Developer. "Construction Plans" - All construction documentation upon which the Developer, and Developer's several contractors, shall rely in building the Improvements. "Developer" Lavery California Dealership Properties No. 1, LLC, a Michigan Limited Liability Company. "Development Plan" - The development of a full-service automobile dealership on the Property. "Enforced Delay" - Delay in either party's obligations and defined in Section 3.04 of Part Three of this Agreement. "Environmental Laws" - All federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as defined subsequently in this Agreement), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 ("RCRA") [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act ("FWPCX) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act ("TSCA") [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act ("HMTA") [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the Safe Disposition and Development Page 2 of 32 Agreement (Lavery California Dealership Properties No. 1 LLC)