RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC (3)

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• • AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO AND LAVERY CALIFORNIA DEALERSHIP PROPERTIES NO. 1 LLC THIS AMENDMENT ( "Amendment ") to the Disposition and Development Agreement ( "Agreement ") by and between the Redevelopment Agency of the City of San Leandro ( "Agency ") and Lavery California Dealership Properties No.1 L.L.C. ( "Developer ") (collectively, Parties") is made on or as of this 14 day of November, 2001, by and between the Agency and the Developer. RECITALS: 1. The Agreement contemplates that the Agency will purchase a parcel of property known as the "Yokota Property" and (a) convey a portion of that property (the "Lavery Parcel ") to the Developer, (b) convey a portion to an adjacent developer, and (c) reserve a portion to be improved and conveyed to the City of San Leandro for use as a public right -of -way. 2. The Agency no longer desires to reserve any portion of the Yokota Property and, therefore, the Agency now desires to convey, and the Developer desires to receive, a reconfigured portion of the Yokota Property as described in attachment A to this Amendment without a reservation for a road or a transfer of property to the City for road purposes on the condition that the Developer and the adjacent developer agree to a reciprocal easement for adequate public access. It is hereby mutually agreed by the Parties as follows: Section 1. . Section 2.03 entitled "Public Improvements," of Article Two entitled "Agency Pre - Disposition Requirements," of Part Two entitled "The Development and Disposition," of the Agreement is hereby amended by deleting Section 2.03 in its entirety and replacing it as follows: Section 2.03 Public Improvements Developer shall have no financial responsibility, directly or indirectly, for public improvements necessary to be constructed for the redevelopment of other parcels in the Project Area. Developer shall exercise commercially reasonable efforts to negotiate in good faith with the owners of the former Hudson Lumber property, and the Adjacent Developer as necessary, to provide emergency vehicle access from the former Hudson Lumber property to Marina Boulevard. 1