Agmt22 Tri-Party Implementation 1548 Maple, LLC

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3 ATTY/AGR/2022.014.01/TRI-PARTY AGREEMENT REV: 01-25-2022 VR Developer’s ability to construct or cause the construction of the portion of the Blomquist – County Segment located on the County-owned property is contingent upon (i) City delivering directly to Developer, or obtaining an appropriate license or right of entry from the County of San Mateo, an appropriate license or right of entry authorizing Developer and its contractors and subcontractors to enter upon, the County property for purposes of performing such work (the “County Authorization”) and (ii) City notifying Developer that it has completed the Abatement Work (as defined in the Demolition Agreement attached to and as defined in the Tri-Party Implementation Agreement). City shall have until the date on which the final temporary certificate of occupancy has been issued for the Project August 1,2023, or such later date as Developer and Citymayagree in writing, each in its sole discretion (subject to extension for an Abatement Force Majeure Event as described below, “County Segment Outside Date”) to obtain the County Authorization and complete the Abatement Work. In no event shall the status of negotiations with the County or the lack of the County Authorization be a basis to deny or delay the issuance or approval of a building permit, certificate of occupancy, or other Project Approval. Regardless of whether City succeeds in its efforts to timely obtain County Authorization and complete the Abatement Work, Developer shall be obligated, prior to the County Segment Outside Date, to produce construction and engineering drawings in forms acceptable to City such that City may construct or cause the construction of Blomquist – Developer Segment and Blomquist – County Segment at a later date. If City is able to obtain the County Authorization and complete the Abatement Work by the County Segment Outside Date then, to ensure that the construction of the Blomquist – Developer Segment and Blomquist - County Segment is coordinated and appropriately phased with the Project, Developer shall commence construction of the Blomquist – Developer Segment and Blomquist - County Segment on or before the later of (i) ninety (90) days following the date Citynotifies Developer that City has obtained the County Authorization and completed the Abatement Work, or (ii) issuance of the certificate of occupancy for the first residential unit, or such later date as mutually agreed to by the Parties in writing. Developer shall substantially complete the Blomquist - Developer Segment and Blomquist – County Segment within eighteen (18) months after commencement of construction. Notwithstanding anything to the contrary in this 0, in no event shall Developer be required to commence construction of the Blomquist – Developer Segment and Blomquist - County Segment if Developer, after best efforts, is unable to obtain all required permits and authorizations for such work from regulatory agencies including the U.S. Army Corps of Engineers (the “Non-County Authorizations”). (1) Abatement Force Majeure Events. Notwithstanding the foregoing, if the City is rendered unable, wholly or in part, by an Abatement Force Majeure Event (defined below) to complete the Abatement Work bythe CountySegment Outside Date set forth above, then the obligations of the City, so far as theyare impacted bysuch Abatement Force Majeure Event, shall be suspended during the continuance of anyinability so caused andtheterm anddeadlines forsuch performanceset forthinSection3.3C shall beextended by that same period of time, and such cause shall so far as possible be remedied within a reasonable time. The term “Abatement Force Majeure Event” as employed in this Agreement shall mean acts of God, strikes, lockouts, or other disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, landslides, lightning,