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Form Orly <br />Exhibit A <br />to Performance Deed of Trust <br />20. Insurance Proceeds and Condemnation Award. In the event the Property is destroyed and <br />insurance proceeds are distributed to Owner instead of being used to rebuild the Property, or, in the event <br />of condemnation, if the proceeds thereof are distributed to Owner, any surplus of proceeds remaining after <br />payment of the senior liens and encumbrances on the Property shall be distributed as follows: that portion <br />of the surplus up to, but not to exceed, the net amount Owner would have received pursuant to Section 10 <br />had the City exercised its Option on the date of the destruction of condemnation valuation date shall be <br />distributed to Owner, and the balance of such surplus, if any, shall be distributed to the City. <br />21. Effective Date. The rights and obligations of the City and Owner set forth in this <br />Agreement shall be effective upon the date (the "Recording Date") this Agreement is filed for record in the <br />Office of the Recorder of Alameda County. <br />22. Term of Option. The restrictions contained herein shall continue for a period of thirty (30) <br />years from the Recording Date. <br />23. Notices. Except as otherwise specified in this Agreement, all notices required to be sent <br />pursuant to this Agreement shall be made by personal delivery or by deposit in the United States mail, first- <br />class, postage prepaid, and shall be deemed to have been delivered and received on the date of personal <br />delivery or five (5) days after deposit in the mail, if sent to the following address: <br />City: City of San Leandro <br />835 E. 14th Street <br />San Leandro, California 94577 <br />Attn: Tom Liao, Acting Community Development Director <br />Tel: 510 577-6003 <br />Fax: 510 577-6007 <br />Owner: <br />[ADDRESS] <br />San Leandro, California [ZIP CODE] <br />24. Attorneys' Fees. If either party initiates legal proceedings to interpret or enforce its rights <br />under this Agreement, the prevailing party in such action shall be entitled to an award of reasonable <br />attorneys' fees and costs in additions to any other recovery to which it is entitled under this Agreement. <br />25. Specific Performance. Owner acknowledges that any breach in the performance of its <br />obligations under this Agreement shall cause irreparable harm to the City. Owner agrees that the City is <br />entitled to equitable relief in the form of specific performance upon its exercise of the Option, and that an <br />award of damages shall not be adequate to compensate the City for Owner's failure to perform according to <br />the terms of this Agreement. <br />SIGNATURES ON NEXT PAGE <br />783016-2 112310 21 <br />