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right to exercise all of the rights and remedies, and to maintain any actions at law or suits in <br />equity or other property proceedings to enforce the curing of such breach pursuant to the <br />conditions and limitations of the Agreement. The covenants contained in this Grant Deed shall <br />be for the benefit of and shall be enforceable only by Grantor and its successors. <br />5. The Developer shall not voluntarily or involuntarily make or attempt any total or <br />partial sale, transfer, conveyance, assignment or lease ("Transfer") of the whole or any part of the <br />Property or the buildings or structures thereon or the Agreement without the prior written <br />approval of the Agency, unless such transfer is made to a partnership in which one of the <br />members of the 1040 Davis Partnership LLC is the managing general partner or to a corporation <br />or limited liability corporation in which Developer is the majority shareholder. The Agency's <br />approval may be given by the Executive Director unless the Executive Director, in his or her <br />discretion, refers the matter of approval to the Agency Board. This prohibition shall not be <br />deemed to prevent the granting of temporary easements or permits to facilitate development <br />required pursuant to this Agreement. If the Developer proposes a Transfer of the Property or a <br />portion thereof, the proposed transferee shall have the qualifications and financial resources <br />necessary and adequate as may be reasonably determined by the Agency to fulfill the obligations <br />undertaken in this Agreement by the Developer. Any transferee, by instrument in writing <br />satisfactory to the Agency and in form recordable among the land records, for itself and its <br />successors and assigns, and for the benefit of the Agency shall expressly assume all of the <br />obligations of the Developer under this Agreement relating to the Property and agree to be <br />subject to all the conditions and restrictions to which the Developer is subject. There shall be <br />submitted to the Agency for review all instruments and other legal documents proposed to effect <br />any such Transfer; and if approved by the Agency its approval shall be indicated to the Developer <br />in writing. In the absence of specific written agreement by the Agency, no Transfer by Developer <br />shall be deemed to relieve the Developer or any other Party from any obligations under this <br />Agreement. This Section remains in effect for ten (10) years from the date of issuance of the <br />Certificate of Completion. <br />6. In the event of any express conflict between this Grant Deed and the Agreement, the <br />provisions of the Agreement shall control. <br />1016-1052 Davis Street Grant Deed <br />San Leandro Redevelopment Agency Page 3 <br />