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• The balance of the 250,000 square feet of office <br />• Associated infrastructure <br /> <br /> The Parties acknowledge that on July 20, 2015 the City Council of the <br />City approved a General Plan Amendment, Zone Change and certified the project <br />EIR for the Project. The Parties have agreed to enter into exclusive negotiations <br />pertaining to the City’s disposition of a portion of the executive golf course land <br />for housing. Development of the Site for the Project will require the grant of <br />discretionary land use entitlements subject to the City’s normal review and <br />approval process, that the Project must comply with CEQA, and that nothing in <br />this Agreement is intended to or shall be interpreted as the grant of any approvals <br />for development of the Project or the Site, or the modification or waiver of any <br />City procedures or requirements. The Parties acknowledge that nothing in this <br />Agreement shall be deemed a commitment by the City to enter into an agreement <br />for conveyance of any interest in the Site or for the development of the Project. <br />In addition, the Parties acknowledge that the final form of any agreement <br />governing the leasing and development of the Site may contain matters not <br />covered in this Agreement, and the provisions herein are not intended to exclude <br />or preclude any other issues that may arise during negotiations. <br />Section 3. Exhibit C. Section 6.1 of the Agreement is hereby deleted in its entirety, <br />including Exhibit C attached to the Agreement. <br />Section 4. Golf Course Redesign. As a condition to this Amendment, Developer hereby <br />agrees to prepare a redesign of the nine hole golf course, and a construction budget for the <br />redesigned golf course, in sufficient detail to be used for public outreach and input, by no later <br />than the July 1, 2018. <br />Section 5. Conceptual Master Plan. Exhibit B to the Agreement is hereby replaced in its <br />entirety by Exhibit B-1, attached hereto and incorporated into the Amendment and into the <br />Agreement by this reference. <br />Section 6. Timeline. Exhibit D to the Agreement is hereby replace in its entirety by Exhibit <br />D-1, attached hereto and incorporated into this Amendment and into the Agreement by this <br />reference. <br />Section 7. Severability. If any term of this Amendment is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in <br />full force and effect unless the rights and obligations of the City or Developer are materially altered <br />or abridged by such invalidation, voiding or unenforceability. <br />Section 8. No Modification or Waiver. Except as otherwise expressly set forth herein, all <br />other terms and conditions of the Agreement remain in full force and effect. <br />SIGNATURES ON FOLLOWING PAGE <br /> <br />82