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Exhibit to <br />Ordinance No. 1962 <br />James Tong <br />Charter Properties <br />4690 Chabot Drive, Suite 100 <br />Pleasanton, CA 94588 <br />With Copies to: R. Clark Morrison <br />Cox Castle & Nicholson <br />555 Montgomery Street, 15`~ Floor <br />San Francisco, CA 94111 <br />Phone: (415) 392-4000 <br />Fax: (415) 392-4250 <br />Section 12.10 Conditions of Project Approval. The Conditions of Project Approval <br />are attached hereto as Exhibit B and incorporated herein by reference. If there are any <br />conflicts or inconsistencies between the terms of this Agreement and the conditions of <br />Project Approval, the terms of this Agreement shall prevail. <br />Section 12.11 Entire A ~reement, Counterparts And Exhibits. This Agreement is <br />executed in two (2) duplicate counterparts, each of which is deemed to be an original. <br />This Agreement consists of pages and 4 exhibits which constitute in full, the final <br />and exclusive understanding and agreement of the parties and supersedes all <br />negotiations or previous agreements of the parties with respect to all or any part of the <br />subject matter hereof. All waivers of the provisions of this Agreement shall be in <br />writing and signed by the appropriate authorities of City and the Developer. The <br />following exhibits are attached to this Agreement and incorporated herein for all <br />purposes: A-1, A-2, A-3 and B. <br />Section 12.12 Recordation Of Development Agreement. Pursuant to California <br />Government Code § 65868.5, no later than ten (10) days after City enters into this <br />Agreement, the City Clerk shall record an executed copy of this Agreement in the <br />Official Records of the County of Alameda. <br />IN WITNESS WHEREOF, this Agreement has been entered into by and between <br />Developer and City as of the day and year first above written. <br />City: <br />By: <br />Name: Nelson Fialho <br />Its: City Manager <br />Developer: <br />By: <br />Jennifer Lin <br />54393\84008v3 <br />