RDA Agmt 2001 FH Dailey Motor Company (2)

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• probable just compensation made by Plaintiff with the State Treasury's condemnation fund with respect to 936 Marina Boulevard, San Leandro, CA, and the Agency shall be entitled to withdraw said funds. 5. If a party to the Owner Participation Agreement attached as Exhibit "A' to this Agreement perceives the other party to be in breach of said Owner Participation Agreement,the aggrieved party shall,as a precondition to any right to any remedy provided in the Owner Participation Agreement attempt within 90 days to mediate the disputed issue(s)before a mutually acceptable mediator affiliated with Judicial Arbitration &Mediation Services("JAMS")should any such attempt to mediate the dispute fail, the aggrieved party may exercise any remedies for breach of the Owner Participation Agreement provided under law or equity.. 6. The use of the properties covered by the Owner Participation Agreement attached as Exhibit "A"to this Agreement shall be limited to those uses specified by said Owner Participation Agreement. 7. The Agency shall pay F. H. Dailey Motor Company twenty-one-thousand-seven-hundred- seventy-four dollars and forty-one cents($21,774.41) per month, for thirty-six(36) months, commencing the thirty-first (311 day after the date of the Agency's formal approval of this Agreement, and on the 30`h day thereafter, until a total of seven-hundred-eighty-three-thousand-eight-hundred-seventy-eight dollars and seventy-six cents($783,878.76)has been paid,all of which payments shall be,and are hereby acknowledged by the parties to this Agreement to be,to the permanent part of F. H. Dailey Motor Company's working capital (and not in aid of construction), which are non-shareholder contributions to capital of F. H. Dailey Motor Company qualifying under IRC Section 118. No services are being provided to the Agency or to the City of San Leandro in connection with or as a result of these payments,and the payments are being made pursuant to this Agreement. 8. The parties to this Agreement mutually acknowledge the fact that this Agreement is the product of good faith negotiations and that it and the attached Owner Participation Agreement reflect the 2