RDA Agmt 2001 Batarse Family Trust UTA (2)

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• • • Section 3. Subsection 1.02(0) entitled "Approval of Development Plan," of Article One entitled °Developer's Pre - Disposition Requirements," of Part Three entitled "Disposition," of the Agreement is hereby amended by deleting Subsection (C) concerning the development of Yokota Site A in its entirety and replacing it as follows: C) Development of Yokota Site A and the adjoining properties currently owned by Developer into a full- service automobile dealership with a dealership showroom for new and used vehicles. Section 4. Section 1.04 entitled °Approval of Development Plan," of Article One entitled "Developer's Pre - Disposition Requirements," of Part Three entitled "Disposition," of the Agreement is hereby amended as follows: • No later than 180 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. Section 5. Section 2.05 entitled Parcel Map," of Article Two entitled "Agency Pre - Disposition Requirements" of Part Three entitled "Disposition," of the Agreement is hereby amended by deleting Section 2.05 in its entirety and replacing it as follows: 2.05 Lot Line Adjustment Agency shall process a lot line adjustment defining the boundaries of Yokota Site A and Yokota Site B in a manner agreed to between Developer and the Adjacent Developer no later than December 1, 2001. Agency shall not approve Adjacent Developer's site plan unless Developer and Adjacent Developer agree on the location of the lot line between Developer and Adjacent Developer. Section 6. Subsection 4.06(b) of Article Four entitled "Construction of Improvements, "of Part Three entitled °Disposition; of the Agreement is hereby amended by deleting Subsection 4.06(b) in its entirety and replacing it as follows: (b) To commence construction of the Improvements on Yokota Site A within twelve (12) months of the date the building permit is issued; and 3