RDA Agmt 2001 Batarse Family Trust UTA (2)

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• • Section 7. • Section 4.06 entitled "Construction of the Improvements and Use of the Facilities," of Article Four entitled "Construction of Improvements, "of Part Three entitled "Disposition," of the Agreement is hereby amended by adding Subsection 4.06(e) in its entirety as follows: (e) To develop 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 8. Exhibit C entitled "Description of Yokota Site A, Description of Yokota Site B, Description of Yokota Site C, Description of Yokota Site D," of the Agreement is hereby deleted in its entirety and replaced by a new Exhibit C entitled "Lot Line Adjustment" and attached to this Amendment as Attachment A. Section 9. Section 4.06 entitled "Completion of Improvements and Use of the Properties," of Article Four entitled "Construction of Improvements" of Part Three entitled "Disposition" of the Agreement is hereby amended by adding a new Subsection 4.06(e) as follows: (e) To enter into a reciprocal easement agreement with Adjacent Developer over and across a portion of the Yokota Property to be determined by the mutual agreement of the Developer and Adjacent Developer for the purposes of providing adequate public access to the Yokota Property. Section 10. Developer shall accept the Property remediated to a commercial standard, rather than a residential standard. In consideration for that Agreement, Agency shall reimburse Developer for one -half of any additional construction or site work costs directly attributable to the environmental condition of the Property up to FIFTY THOUSAND DOLLARS ($50,000) (i.e. up to 50 percent of $100,000 of additional costs). Such costs may include, but are not limited to, the incremental difference between disposing of entirely clean soil at a landfill site and disposing of the soil from the Property at a landfill site, if any. Such costs may also include, but are not limited to, the cost of construction protocols that are solely attributable to the environmental condition of • the Property. Developer shall submit such additional costs to the Agency for reimbursement and Agency shall review such costs and reimburse Developer for any qualifying costs within sixty (60) days. • 4