Agmt22 Tri-Party Implementation 1548 Maple, LLC

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ATTY/AGR/2022.014/TRI-PARTY AGREEMENT REV: 01-25-2022 VR 4 environmental impacts, the project’s identified impacts are substantially more severe than previously disclosed, or alternatives or mitigation measures previously found to be infeasible are in fact feasible and/or would reduce significant environmental impacts more than previously disclosed, which would require that a new subsequent or supplemental EIR be prepared under section 15162 of the CEQA Guidelines. As for the County Navigation Center project, on October 5, 2021, County’s Board of Supervisors unanimously approved proceeding with the Navigation Center project, finding that the project would qualify as “a low barrier navigation center” within the relevant provisions of California law set forth in the Government Code and determining that the project is therefore categorically exempt from the CEQA. County subsequently filed a Notice of Exemption pursuant to CEQA and regulations promulgated thereunder. NOW, THEREFORE, in consideration of the foregoing, and the other considerations hereinafter set forth, it is mutually agreed and understood by the Parties as follows. 1. Development Agreement Second Amendment. Concurrently herewith, City and Developer shall execute a Second Amendment to Development Agreement in the form attached hereto as Exhibit A (“Second Amendment”), which City and Developer agree constitutes an Insubstantial Amendment to the Development Agreement as authorized by Section 9.2 thereof, to extend and establish a date certain for the County Segment Outside Date and clarify certain related matters. Promptly following full execution, the Second Amendment will be recorded against title to the Project Site as specified in Section 14.7 of the Development Agreement. 2. Developer Temporary License Agreement for Portion of the County Property. Concurrently herewith, City and Developer shall execute the Temporary Construction License Agreement attached hereto as Exhibit B (“Developer - County Property Temporary License”) for the purpose of allowing Developer to use certain portions of the County Property that are not included within the premises subject to the Leaseback Agreement, for specified construction staging-related uses. 3. County Temporary License Agreement for Portion of the County Property. Concurrently herewith, City and County shall execute the Temporary Construction License Agreement attached hereto as Exhibit B-1 (“County - County Property Temporary License”) for the purpose of allowing County to use certain portions of the County Property that are not included within the premises subject to the Leaseback Agreement, for specified construction staging-related uses. 4. Developer Temporary License Agreement for City Parcel. Concurrently herewith, County and Developer shall execute the Temporary Construction License Agreement with respect to the portion of the City Property comprised of the City Parcel in the form attached hereto as Exhibit C (“Developer - City Parcel Temporary License”), for the purpose of allowing Developer to (i) install and use the Temporary Access Roadway on specified portions of the City Parcel and (ii) use a portion of the City Parcel for specified construction staging-related uses, all as described in the Developer City Parcel Temporary License. The Developer - City Parcel Temporary License will authorize the City to use the Temporary Access Roadway as provided therein.