RDA Agmt 2000 Creekside Associates LLC

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(h) assessments, conditions, covenants, restrictions or easements of record as otherwise approved by Developer in writing; (i) easements or reservations in favor of the Agency and its designees for ingress, egress, access and parking (including unrestricted weekend and evening use and 8 parking spaces during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday); and 0) such other encumbrances as to which the Developer shall consent. "Conforming Firm Financing Commitment" means a firm financing commitment by a bank, savings and loan association or other institutional lender acceptable to the Agency at its discretion which has been secured by the Developer for the Phase 1 Improvements (and, if the Developer elects to concurrently undertake the Phase 2 Improvements, then the Phase 2 Improvements as well) and which is adequate, in the discretion of the Executive Director, for the development of all of the Phase 1 Improvements (and, if the Developer elects to concurrently undertake the Phase 2 Improvements, then the Phase 2 Improvements as well). Contributions of equity by the Developer (but not counting for this purpose the value of the Property) may be counted by the Executive Director as contributing to the demonstration that there is sufficient private funding committed for the development of the Phase 1 Improvement (and, if the Developer elects to concurrently undertake the Phase 2 Improvements, then the Phase 2 Improvements as well), so long as such moneys (as well as a loan or loans from a lender) are shown to the reasonable satisfaction of the Executive Director to be available for and committed to the construction of the Phase 1 Improvements (and, if the Developer elects to concurrently undertake the Phase 2 Improvements, then the Phase 2 Improvements as well). "Conforming Restaurant Amount" means Two Hundred Fifty Thousand Dollars ($250,000). "Conforming Restaurant Facility" means a restaurant that (i) is an Approved Restaurant Product, (ii) is a sit-down restaurant; (iii) is not a fast-food restaurant; (iv) has a full service menu with wait service; (v) serves not less than two meals per day at least five (5) days per week; (vi) has entered into a lease on commercially reasonable terms (including without limitation the term thereof) deemed acceptable by the Agency Director; and (vii) consists of not less than two thousand (2,000) square feet floor area. "Date of Agreement" means the date this Agreement is approved by the Agency. "Developer" means Creekside Associates LLC, a California limited liability company. "Developer Improvements" means the Phase 1 Improvements and the Phase 2 Improvements. "Development Concept Plan" means that certain plan attached hereto as Exhibit B. "Escrow Agent" means First American Title Guaranty Company, 1535 Harrison Street, Oakland, CA 94612 or another mutually acceptable escrow holder. "Executive Director" means the Executive Director of the Agency or his designee. "Friends of the Creek" means a nonprofit corporation operating under such name, and its successors. "License Agreement" means Exhibit "F" hereto; provided that in the event the Agency does D0CS0C\701700v6\24258.0001 fE` Fi0