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FIRST AMENDMENT TO <br />EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT <br /> <br /> <br />THIS FIRST AMENDMENT to Exclusive Negotiating Rights Agreement (this <br />“Amendment”) is entered into as of April 2, 2018, by and between City of San Leandro, a <br />California charter city (the “City”) and Cal-Coast Companies LLC, a Delaware limited liability <br />company (“Developer”), and amends that certain Exclusive Negotiating Rights Agreement dated <br />April 2, 2012 (the “Agreement”) by and between the City and Developer. Developer and City are <br />collectively referred to herein as the “Parties.” Capitalized terms used without definition herein <br />have the meaning ascribed to such terms in the Agreement. <br />RECITALS <br /> <br />A. The City and Developer entered into the Agreement in order to negotiate terms and <br />conditions governing the development of the Marina-Shoreline Project (the “Project”), and the <br />Parties have in good faith pursued such negotiations. <br />B. Pursuant to the Agreement, Developer has requested, and the City has agreed, to <br />two eighteen month extensions of time for performance, with an expiration date of the Agreement <br />of April 2, 2018. <br />C. Based on negotiations, staff input and the CEQA analysis that was certified on <br />July 20, 2015, the scope of the Project has evolved and changed to better meet the needs of the <br />citizens of the City. <br />D. The City and Developer desire to enter into this Amendment to (i) provide for <br />further extensions of the time for performance under the Agreement, (ii) to reflect a more accurate <br />description of the Project, and (iii) to effect a re-design of the nine hole golf course related to the <br />Project. <br /> NOW THEREFORE, in consideration of the mutual covenants and agreements <br />hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Parties agree as follows: <br />Section 1. Section 3 of the Agreement is hereby replaced in its entirety as follows: <br />3. Term. The Parties hereby acknowledge that the term of the Agreement <br />(“Term”) has been extended twice and expires on April 2, 2018. Pursuant to the <br />Amendment dated April 2, 2018, the Term is extended for a period of up to ten <br />months to February 2, 2019. Developer will be permitted one additional <br />extension of up to four additional months to June 2, 2019 upon the mutual written <br />agreement of Developer and City acting through and in the discretion of its City <br />Manager. <br />Section 2. Section 6 of the Agreement is hereby amended as follows (strikethrough is <br />deletion and underline is addition): <br />80