RDA Agmt 2001 FH Dailey Motor Company

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• • setback adjacent to residential uses. Exempted from any of these minimum set-back requirements are those locations on 890 Marina Boulevard which conflict with the current configuration of the building situated thereon. 1.04 Definitions. (a) The Site. The Site is that portion of the Project Area consisting of real property located at 93€ Marina Boulevard ("Marina Boulevard Property") and shown on the Site Map attached hereto as Exhibit A and incorporated herein by this reference and such additional property as may or must be acquired pursuant to Section 2.02 below. (b) The Agreement. All references to sections, paragraphs, exhibits or addenda shall mean the sections, paragraphs, exhibits or addenda of this Agreement, except where otherwise specifically noted. 1.05 Parties to the Agreement. (a) The Agency. The Agency is a public body corporate and politic, organized and existing under the Community Redevelopment Law of the State of California. The office of the Agency is located at City Hall,835 East 14th Street, San Leandro, California 94577. (b) Participant. The Participant is F. H. Dailey Motor Company and is the current owner of the Marina Boulevard Property. The Agency hereby acknowledges and agrees that Participant qualifies as an Owner- Participant as that term is used in the Plan and in the California Community Redevelopment Law. Article Two: PROPERTY OWNERSHIP 2.01 Property Ownership. Participant is the owner of the Marina Boulevard Property. Subject to the provisions of Section 2.03 of this Agreement,the Participant may retain ownership for uses specified in this Agreement and/or in the Plan. 2.02 Necessary Property. 2.02.1 890&954 Marina Boulevard. ("Necessary Property") 890 Marina Boulevard and 954 Marina Boulevard are necessary to assemble an adequately sized lot on which to locate the Development.Therefore,in the event that any Necessary Property cannot be acquired Owner Participation Agreement Page 2 of 18