RDA Agmt 2001 Batarse Family Trust UTA

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satisfied or waived by the date as set forth in this Article Two relevant for such condition, unless such time limit is extended by Developer. The conditions provided for in this Article Two shall be deemed satisfied by the date by which the particular condition is required to be satisfied if the Developer does not provide notice to the Agency by such date that Developer has disapproved of such matter. 2.02 Aaency Acquisition of the Properties. Agency has entered into an Escrow Agreement to purchase the entirety of the Yokota Property from its current owners. Escrow shall close no later than the Closing Date. Agency has filed a condemnation action in Alameda County Superior Court (Case No. H214558-1) to acquire Property B. On August 26, 2000, the Agency obtained possession of Property B pursuant to an Order of Possession. On September 15, 2000, the Agency granted Developer permission to access Property B. When the Agency obtains a final judgment in all of the Condemnation Litigation, Agency shall sell Property B to Developer pursuant to the terms and conditions in Article Three of Part One of this Agreement. 2.03 Title Insurance Date. At such time as the Agency, having obtained possession of Property B, secures a final orderoverruling all objections to the Agency's right to acquire the Properties in the Condemnation Litigation, the Agency shall procure title insurance, based upon the orders of possession and orders recognizing the Agency's "right to take," which must be satisfactory to Developer, in Developer's reasonable discretion (hereinafter "Title Insurance Date"). 2.04 Termination Based on Inability to Procure Title Insurance. If the Agency is unable to procure title insurance for the Properties prior to June 1, 2002, pursuant to Section 2.02 above, the Developer may terminate his requirement to purchase Property B, provided, however, that if the Developer terminates this request under this Section 2.04, the Developer shall be liable to the Agency for, and be required to pay to Agency, all costs incurred by the Agency pursuant to this Agreement, including but not limited to attorney's fees, costs incurred by the Agency in connection with the Condemnation Litigation, including attorney's fees, and any cost incurred by the Agency in connection with abandonment of the Condemnation Litigation, including attorney's fees. 2.05 Parcel Map. Agency shall process parcel maps defining the boundaries of Yokota Site A, Yokota Site B and Yokota Site C. Such parcel maps shall be recorded at the time of the Close of Escrow. Disposition and Development Agreement (Automall) Page 8 of 29