RDA Agmt 2001 Batarse Family Trust UTA

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C) Development of Yokota Site A and the adjoining properties currently owned by Developer into new and used automobile dealership showrooms. The Development Plan shall set forth in drawings and models and/or elevations the size and location of building(s), 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 building(s), and the location. of other public streets and improvements. The Development at Yokota Site A shall have a minimum frontage along Marina Boulevard of not less than 150 feet and a minimum size of not less than 20,000 net square feet (after the provision of any required public street right-of-way). In addition, the Development of Yokota Site A shall have a front and corner side yard landscaped area of at least ten (10) feet, measured from the back of the sidewalk (including any future right-of- way). When the Development Plan is approved by the Agency, it shall form a part of this Agreement. Any material change, modification, revision or alteration of the approved Development Plan shall be submitted for approval by the Agency; if not so approved, the approved Development Plan shall continue to control. Any proposed material change, modification, revision or alteration shall be approved or disapproved by the Agency within fifteen (15) days of submittal and, if not approved or disapproved within said fifteen (15) day period, shall be deemed approved. 1.03 Construction Plans. No later than one hundred eighty (180) days after approval of the Development Plan by the Agency, Developer shall submit to the Agency and City its Construction Plans for the Improvements. As used herein "Construction Plans" for the Improvements shall mean all construction documentation upon which the Developer, and Developer's several contractors, shall rely in building the Improvements (including landscaping, parking, and common and public areas) and shall include, but not necessarily be limited to, final architectural drawings, landscaping plans and specifications, final elevations, building plans and specifications (also known as "working drawings") and a time schedule for construction. The Construction Plans for the Improvements shall be based upon the approved Development Plan and shall not materially deviate therefrom without the express written consent of the Agency. Developer may develop any portion of the Improvements prior to the time frame set forth herein with permission of the Agency. 1.04 Identity of Dealership. No later than 90 days after close of escrow, Developer shall notify Agency of the identity of the dealership franchise or franchises to be located on all of the Properties. Article Two: AGENCY PRE-DISPOSITION REQUIREMENTS 2.01 Conditions Precedent. As a condition precedent to Developer's obligation to purchase the Properties for the commencement of construction of the Improvements, the conditions set forth in this Article Two of this Part must first be Disposition and Development Agreement (Automall) Page 7 of 29