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1. The Agency will sell the Corporation Yard site ("Property") to the Developer for <br />the agreed upon price in the DDA, recognizing that the Developer is required to <br />spend $1,000,000 for architectural and site plan upgrades over and above what <br />would be spent on a typical neighborhood shopping center. The cash payment is <br />paid in two stages - <br />The land price will be paid by the Developer to the Agency in installments, <br />as detailed in the DDA, with $1,500,000 due upon close of escrow; <br />■ The final payment, if any, is triggered when the Project's net income <br />divided by 11% exceeds the total project cost including the initial $1.5 <br />million land payments. The formula for calculation of this ratio is <br />contained within the DDA and must occur by the end of the fifth year of <br />operation. <br />2. The Agency will use best efforts to expedite City permit processing for the Project. <br />3. The Agency will be required to approve every aspect of architectural design, site <br />development, signage, and creek enhancements. Other City approvals required <br />include approvals from the City Traffic Engineer, Fire Department, and <br />Engineering Division. <br />4. The Agency vrill be required to approve all tenants and leases for the Project, as <br />well as any subsequent changes in the tenant mix for five years. Agency approval <br />is also required for assignment of any leases to a new owner or operator. <br />5. The Agency and Developer will agree on detailed sets of standards for all required <br />maintenance and a top quality security operation for the Project. <br />6. The Agency will approve the Management Company for the Project (not to be <br />unreasonably withheld). <br />7. The Agency will complete an environmental review as required by CEQA prior to <br />execution of the DDA. <br />162 <br />KEYSER MARSTON ASSOCIATES I N C. <br />1 �100/0001-001.doc Pape 4 <br />