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NOW, THEREFORE, pursuant to the applicable provisions of the Zoning Code, it is mutually agreed as follows: 1. Pursuant to the approval by the City of San Leandro Redevelopment Agency ("Agency") of the Disposition and Development Agreement entered into as of February 7, 2000, between the Agency, American Baptist Homes of the West, and San Leandro Investors, Inc., Condition XII entitled Inclusionary Condition is hereby amended to read as follows: "The Project is located in the Joint County of Alameda -City of San Leandro Redevelopment Project Area. Pursuant to the housing production requirements set forth in Health and Safety Code Section 33413(b)(2), Developer shall ensure that at least 15% of the units shall be available at affordable housing costs to persons or households of low or moderate income. Developer shall ensure that at least 40% of the 15% shall be available to very low income households. In addition, Developer shall designate five (5) units as affordable to very low-income households to fulfill the housing replacement requirement in Health and Safety Code Section 33413(a). Moderate income households are households whose income is one hundred twenty percent (120%) or less of area median gross income as adjusted by household size; low income households are households whose income if eighty percent (80%) or less of area median gross income as adjusted by household size: and very low income households are households whose income is fifty percent (50%) or less of area median gross income as adjusted by household size. Area median gross income is defined annually by the United States Department of Housing and Urban Development. Affordable housing costs shall be the cost defined in Health and Safety Code section 50052.5. This requirement shall be known as the Inclusionary Condition. Developer may meet this condition by complying with the terms of the Disposition and Development Agreement entered into as of February 7, 2000, between the Redevelopment Agency, the American Baptist Homes of the West, and San Leandro Investors, Inc. This Agreement requires San Leandro Investors, Inc, to contribute to the development of affordable housing units for seniors at 232 East 14`h Street, San Leandro. The Agreement further provides that if San Leandro Investors, Inc. complies with the terms of the Disposition and Development Agreement, Developer shall be required to make only 36 units available to moderate income households as defined above and shall not be required to make any units on the site available to low income households or very low income households. Accordingly, this Inclusionary Condition requires Developer to make only 36 units available to moderate income households as defined above and does require Developer to make any units on the site available to low income households or very low income households. The number of affordable units required in the Inclusionary Condition shall remain available at affordable cost as defined in the Condition until 2038, the period of the land use controls established in Redevelopment Plan for the Alameda County -City of San Leandro Redevelopment Project Area adopted by San Leandro City Council Ordinance 93-012. Amended Conditions of Approval PD 98-2 Page 2