Reso 2022-086 2nd amendment to DDA

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EXHIBIT J-2 REVISED DDA SCHEDULE OF PERFORMANCE (June 2022 Revision) For purposes of this Revised DDA Schedule of Performance, the following definitions shall apply. Many terms used herein but not separately defined herein shall have the meanings of those terms as set forth in the DDA. • CD Director — Community Development Director of the City of San Leandro • Certificate of Occupancy —means a final certificate of occupancy issued by the City. A Certificate of Occupancy (C of O) is a document issued by Building & Safety which certifies that a commercial space or newly constructed residential building, has been inspected for compliance with the California Building Standards Code and local ordinances which govern construction and occupancy. • Commence Construction — means building or other permit has been issued for the applicable work of improvement and substantial work under the permit has begun. • Developer Project Elements — means the Single Family Element, Golf Course Element, Developer Hotel Element, Multifamily Element, Developer Restaurant Element, Market Element, Monarch Bay Drive Element, and Infrastructure Element (as those terms are defined in the DDA). • Developer Western Elements — means the Developer Project Elements to be located to the west of Monarch Bay Drive, including Developer Hotel Element, Multifamily Element, Developer Restaurant Element, Market Element, and Park Promenades. • ET Director — Director of Engineering and Transportation of the City of San Leandro • Horizontal Improvements — means improvements to the underlying land and infrastructure before the Vertical Improvements can be realized. This includes installation of onsite and offsite utilities and upgrades to existing utility facilities as required, including, but not limited to sanitary sewer, storm drain, water, natural gas, electricity and fiber optic internet service. • Permit Issuance — means the time in which the city and/or other applicable jurisdiction has approved and issued the Building, Grading or other required permit for the Developer, including payment of all fees and compliance with all applicable requirements and conditions, and the Developer is approved to begin work. If multiple permits are to be issued for phases of work within the same stage of construction (Site Preparation, Horizontal Improvements or Vertical Improvements). Permit Issuance shall mean the date on which the first permit is issued to allow for commencement of such stage. Post Closing PSA Requirements — means Seller's Conditions Precedent to Closing in the Single Family Purchase and Sale Agreement (`PSA'), which may be satisfied after the date of the Closing in lieu of being satisfied before the Closing, within the times set forth in the Schedule of Performance, as described in the Second Amendment to the Purchase and Sale Agreement and Disposition and Development Agreement between the City and the Developer.