RDA Agmt 2000 Brooks_Michael etc

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AGREED: PART ONE: PROJECT Article One: DEVELOPER'S PRE - DISPOSITION REQUIREMENTS 1.01 Conditions Precedent As a condition precedent to the Agency's obligation to sell and convey to Developer the Property for Developer's commencement of construction, the conditions set forth in this Article One must first be met by the date as set forth in this Part relevant for such condition, unless such time limit is extended by the Agency at the discretion of its Executive Director. 1.02 Approval of Development Plan. Prior to the execution of this Agreement, the Developer duly submitted to the Agency a Preliminary Development Plan for the development of the Property. By execution of this Agreement the Agency hereby approves said Plan. The Preliminary Development Plan, which is attached hereto as Exhibit B and by this reference incorporated herein, calls for the development on the Property as a transmission tune - up /automotive service business referred to herein as the improvements'. 1.03 City of San Leandro Approval. At the time Developer submits its Final Development Plan to the Agency, it shall apply to the City of San Leandro for, diligently pursue and obtain all permits necessary for the construction of the Improvements. Developer acknowledges that execution of this Agreement by the Agency does not constitute approval by the City of San Leandro, does not limit in any manner the discretion of the City of San Leandro in the approval process, and does not relieve Developer from the obligation to obtain all necessary permits, including building permits. Developer shall promptly pay when due all customary and reasonable fees and charges of the City of San Leandro in connection with the processing and consideration of the City permits and approvals contemplated by this section, including, but not limited to the Development Fees for Street Improvements ('DFSI °) and fees required for the undergrounding of utilities. Disposition and Development Page 2 of 23 Agreement 42