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1.02 Approval of Development Plan. Prior to the execution of this Agreement, the Developer and the City entered into a Letter of Intent for the development of the Property. The terms of the Letter of Intent are set forth in this Agreement and in the Development Concept Plan set forth in Exhibit B. By execution of this Agreement the Agency hereby approves said Concept Plan. The Development Concept Plan calls for the development of an upscale community shopping center at 960 San Leandro Boulevard, and the construction of certain improvements to the Property in connection therewith (referred to herein as the "Improvements"). 1.03 Final Development Plan. Developer shall submit to the Agency a Final Development Plan for the Improvements (also commonly referred to as the Design Development Package) no later than 45 days after the execution of this Agreement. The Final Development Plan shall be substantially consistent with the Development Concept Plan and the Redevelopment Plan and shall set forth in drawings and models and/or elevations, size and location of buildings, the number and location of parking spaces, the specific treatment and location of all landscaping amenities, the location of all pedestrian and automobile ingress and egress points, the proposed uses of the various portions of the buildings, and the location of other public streets and improvements. The Final Development Plan shall include elevation drawings of all building facades; a site plan drawn at a minimum scale of 1 inch = 20 feet; a color and materials board for all sides of all buildings; photos of cut sheets of major site furnishings and lighting; and drawings of open space areas at a minimum of 1/4 inch = 1 foot. The Agency shall approve all aspects of architectural design and site development in the Final Development Plan. In preparation of the Final Development Plan, the Developer shall work with Friends of the Creek and other interested parties on creek access, creek clean-up, improvements, the relationship of the buildings to the creek, the creekwalk and any other issues involving the creek; and the Developer shall work with the Condominium Owners Associations on aspects of the Project that affect their property. When the Final Development Plan is approved by the Agency, it shall form a part of this Agreement as a substitute for the Development Concept Plan. Disposition and Development Page 3 Agreement (Creekside Center) 7/23/97, 8/5/97, 8/11/97, 8/12/97