Reso 2022-086 2nd amendment to DDA

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5. Developer Restaurant Element a) Developer shall design and construct (or cause to be designed and constructed) a two-story building shell in which an approximately 7,500 square foot full -service restaurant shall be located on the first floor and an approximately 7,500 square foot banquet facility shall be located on the second floor ("Developer Restaurant Element"). b) Developer shall provide for the Developer Restaurant Ground Lease Subtenant or the operator of the Restaurant to construct the tenant improvements for the Restaurant, or Developer shall construct the tenant improvements itself. c) The Developer Restaurant Element shall include parking, lighting, landscaping and all site utilities, all in conformance with City Building and Zoning codes and pursuant to plans to be approved by the City. Parking for the Developer Restaurant Element shall be provided in accordance with all applicable requirements of the San Leandro Zoning Code, or as otherwise approved by the City. 6. Market Element a) Developer shall construct an approximately 3,000 square foot single -story free- standing building shell (the "Market"). b) The Market Element shall include lighting, landscaping and all site utilities, all in conformance with City Building and Zoning codes and pursuant to plans to be approved by the City. c) A food market, bait shop, and/or other retail or service business shall be located in the Market, with the specific use to be approved by the City in its reasonable discretion. d) The Market building shall share parking with the Developer Hotel Element and be located at the southeast corner of the Developer Hotel Element parking lot at Monarch Bay Drive and Mulford Point Drive. 7. Park Element a) City shall be responsible for the design and construction of Monarch Bay Park, to be located on the peninsula portion of the Property, as described and depicted in Exhibit H (the "Park Parcel"). b) The Park Element shall consist of pedestrian paths, plazas, landscaping, irrigation, restrooms, boat launch, sitting areas, parking, public art and sections of the San Francisco Bay Trail, all in conformance with City Building and Zoning codes and pursuant to plans to be approved by the City. c) The trail design shall conform to the San Francisco Bay Trail Design Guidelines and Toolkit, dated June 2016, as it may be amended. d) The City's obligation for the Park Element is expressly made contingent upon the close of escrow for the Single Family Parcel. e) Such design work shall be completed by an architect and/or consultant selected by the City in its sole discretion, and may be performed as part of a design -build