4_Exhibit A - Laserfiche WebLink

Resolution No. PC-2023-15 Page (b) The City Manager may refer the duty to make such findings to the City Council. Developer may appeal any findings adopted by the City Manager to the City Council within ten (10) days of the date such findings are adopted, by providing notice of such appeal to the City Clerk by overnight courier or personal delivery. Upon referral or appeal, the City Council’s review of the matter shall be de novo and the Council may consider evidence that was not presented to the City Manager. (c) City shall use reasonable efforts to ensure that findings by the City Manager and, if applicable, the City Council, are adopted by December 31, 2024. If such findings are not adopted by December 31. 2024, then the term of this Agreement is extended until the date such findings are adopted. (d) If the City determines that adequate progress has been made towards the Master Plan, then the termination date of the Agreement shall be extended to December 31, 2025, without the need for further action by City or Developer. 8. Except as expressly modified by this Fifth Amendment, the City and Developer hereby ratify and confirm the terms and conditions of the Agreement which are fully incorporated herein by reference and shall continue in full force and effect. 9. This Fifth Amendment shall be effective as of the date the Agreement otherwise would have terminated and shall remain in effect until terminated on December 31, 2024, or December 31, 2025, pursuant to paragraph 7 above. This Fifth Amendment may be executed in multiple counterparts, all of which taken together shall constitute one and the same instrument. This Fifth Amendment shall be duly recorded in the Official Records of Alameda County. IN WITNESS WHEREOF, the parties have executed this Fifth Amendment on the date affixed by their signature.