RDA Agmt 2001 Batarse Family Trust UTA

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THIS DISPOSITION AND DEVELOPMENT AGREEMENT (hereinafter "Agreement") is made on or as of this day of September, 2001, by and between the Redevelopment Agency of the City of San Leandro (hereinafter "Agency") and the Batarse Family Trust, U.T.A. dated May 7, 1987, Anthony A. Batarse, Jr., Trustee, a revocable living trust (hereinafter "Developer") (collectively, "Parties"). WITNESSETH: 1. Pursuant to its authority granted under California law, the Agency has the responsibility to carry out the Alameda County -City of San Leandro Redevelopment Plan, which was approved and adopted on July 12, 1993, by the Board of Supervisors of the County of Alameda by Ordinance No. 0-95-5, as amended, and by the City Council of the City of San Leandro by Ordinance No. 93-012, as amended. Said redevelopment plan as described and as thereafter from time to time amended is referred to herein as "the Redevelopment Plan" and is incorporated into this Agreement by reference. Any amendments to the Redevelopment. Plan which change the uses or development permitted on the Properties (as defined below) or otherwise change the restrictions or controls that apply to said property shall require the written consent of the Developer which consent shall not be unreasonably withheld. Amendments to the Redevelopment Plan applying to other property in the Project Area shall not require the consent of the Developer. 2. In furtherance of the Redevelopment Plan, the Agency selected Developer to develop an automobile sales center for the sale of new and used vehicles on Marina Boulevard within the City of San Leandro (hereinafter "City"). Developer has developed several automobile dealerships on Marina Boulevard. In furtherance of the automobile sales development, the Agency has selected Developer to develop additional dealerships on the following properties: A) a portion of the property at 467, 505 and 517 Marina Boulevard (hereinafter the "Yokota Property"); B) 765 Marina Boulevard and C) a portion of the property at 635 Marina Boulevard (also identified as APN 075-0093-007-02). 3. Developer has previously purchased without financing or other assistance from the Agency the properties at 545 Marina Boulevard, 559-563 Marina Boulevard, 575 Marina Boulevard, and 908 Marina Boulevard (hereinafter collectively "Developer Parcels"). Although Developer will exercise site control over development of the Developer Parcels independent of the Agency and this Agreement, it is the intention of the Parties that the Properties and the Developer Parcels shall be developed in an integrated, consistent, and compatible manner. 4. The purposes of this Agreement are to provide a mechanism whereby the Developer shall acquire, own, and develop the Properties in accordance with this Agreement and to effectuate the provisions of the Redevelopment Plan. The development of the Properties contemplated by this Agreement is consistent with the Redevelopment Plan, the Agency's Five Year Implementation Plan and the City of San Leandro General Plan. 5. The Agency has concluded that the Developer has the necessary expertise, skill and ability to carry out the commitments herein contained and that this Agreement is in the best interests and will materially contribute to the Redevelopment Plan. Disposition and Development Agreement (Automall) Page 1 of 29