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• <br /> fit <br /> • <br /> SECOND AMENDMENT TO THE DISPOSITION <br /> AND DEVELOPMENT AGREEMENT BETWEEN THE <br /> REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO AND <br /> LAVERY CALIFORNIA DEALERSHIP PROPERTIES NO. 1 LLC <br /> THIS SECOND AMENDMENT ( "Amendment ") to the Disposition and <br /> Development Agreement ( "Agreement ") by and between the Redevelopment Agency of <br /> the City of San Leandro ( "Agency ") and Lavery California Dealership Properties No.1 <br /> L.L.C. ( "Developer ") (collectively, "Parties ") is made on or as of this 1st day of April, <br /> 2002, by and between the Agency and the Developer. <br /> RECITALS: <br /> 1. The Agreement, as amended by the Amendment between the Agency and <br /> the Developer dated November 14, 2001, contemplates that the Agency will purchase a <br /> parcel of property known as the "Yokota Property" and (a) convey a portion of that <br /> property to the Developer (the "Lavery Parcel ") and (b) convey a portion to the Batarse <br /> Family Trust (the "Adjacent Developer "). Such conveyances were made on November <br /> 14, 2001. <br /> 2. The Developer and the Adjacent Developer now desire to execute a Lot <br /> Line Adjustment pursuant to Section 7 -1 -560 of the City of San Leandro Municipal Code <br /> which Adjustment shall result in the transfer of a portion of the Lavery Parcel (the <br /> "Surplus Property") to the Adjacent Developer. <br /> 3. As a result of such Lot Line Adjustment, the Agency shall refund a portion • - <br /> of the Purchase Price paid by Developer pursuant to the Agreement. <br /> 4. The Parties have also determined that, in order to effectuate the Lot Line <br /> Adjustment, it is necessary to amend certain time limits contained in the Agreement. <br /> It is therefore mutually agreed by the Parties as follows: <br /> Section 1. <br /> Section 2.04 of Part Two, entitled "Approval of Development Plan, Title and <br /> Environmental Condition," of the Agreement is amended by replacing the Section 2.04 <br /> in its entirety to read as follows: <br /> 2.04 Approval of Development Plan. <br /> On February 27, 2002, City approved Developer's Site Plan and the Agency re- <br /> approved Developer's Development Plan. Developer shall have the option of <br /> terminating this Agreement between April 2 and April 5, 2002, under the following <br /> circumstances: <br /> 5 <br />