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SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT (SAN LEANDRO BART Station) This Second Amendment to the Exclusive Negotiating Agreement (the "Second Amendment"), by and between the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, a rapid transit district established pursuant to Public Utilities Code Section 2$500, et seq. ("BART"), the CITY OF SAN LEANDRO, a California municipal corporation (the "City"), the San Leandro Redevelopment Agency ("Redevelopment Agency"), a public body corporate and politic, and WESTLAKE DEVELOPMENT PARTNERS, LLC, a Delaware limited liability company (the "Developer")( together, BART, City, Redevelopment Agency and Developer are collectively referred to as the "Parties"), is entered into this 16th day of September, 2009. RECITALS A. As authorized by the BART Board of Directors on January 24, 2008, by resolution adopted on February 4, 2008 by the City" s City Council, by resolution adopted on February 4, 2008 by the Redevelopment Agency Board of Directors and pursuant to a resolution adopted on January 31, 2008 by Developer, the Parties entered into an Exclusive Negotiating Agreement (the "ENA") as of February 4, 2008 (the "Effective Date"), regarding development of a mixed use transit oriented development located at the San Leandro BART Station. B. Section 1.3 of the ENA establishes the length of the negotiations period ("Negotiation Period") to be for a term of eighteen (18) months, expiring on August 1, 2009; and sets forth certain circumstances under which the Negotiation Period may be extended for an additional period of eighteen (18) months. C. The Parties desire to amend the ENA to extend the Negotiation Period for an additional eighteen (18) months. NOW, THEREFORE, the Parties mutually agree as follows: 1. Sec. 1.3. The period for negotiations of a sale and/or a ground lease shall be amended to be thirty-six (36) months, commencing on the Effective Date and terminating thirty-six (36) months thereafter. BART has determined that it is in its best interest to extend the time for Developer's performance of the terms and conditions of the ENA to allow for environmental assessment to proceed and to permit negotiations to continue between the parties for the critical pedevelopment advancement of the project. 2 . All other provisions of the ENA, not modified in this Second Amendment, remain in full force and effect. Page 1 of 2