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C. Sections 9.2 and 9.3 of the Development Agreement authorize the Parties to enter <br />into Insubstantial Amendments to the Development Agreement without a public hearing under <br />certain circumstances, but require City Council approval by ordinance for material amendments, <br />including any amendment modifying the Term of the Development Agreement. The First <br />Amendment and Second Amendment were each considered Insubstantial Amendments. The Third <br />Amendment and this Fourth Amendment are Major Amendments to the Development Agreement. <br />D. Subsection 4.2.13 of the Development Agreement defines the "Initial Term" of the <br />Development Agreement as eight (8) years commencing on the "Effective Date," as defined in the <br />Development Agreement. For avoidance of doubt, the Parties acknowledge that the Effective Date <br />is June 20, 2018 and the current expiration of the Term is September 3, 2026. <br />E. On or about February 2021, in connection with City's approval and recordation of <br />a Final Map for the Property and the Project, Developer and City entered into that certain <br />Subdivision Improvement Agreement dated February 18, 2021, recorded in the Official Records <br />as Document No. 2021-108252 ("Original SIA"), setting forth Developer's obligation to construct <br />and install certain on-site and off-site public improvements as set forth therein. The Original SIA <br />has been amended by a First Amendment to Subdivision Improvement Agreement dated March 6, <br />2023, recorded in the Official Records as Document No. 2023-011339 ("First Amendment to <br />SIA"). The Original SIA, as amended by the First Amendment to SIA, is hereinafter the "SIA". <br />F. The Development Agreement and SIA set forth, among other things, alternative <br />scenarios for Developer's improvement of certain Blomquist Street extension -related <br />improvements, with selection of the required alternative dependent upon whether Developer and <br />City timely satisfied certain conditions precedent with respect to construction of the full Blomquist <br />extension, consisting of the Blomquist-Developer Segment, Blomquist-County Segment, <br />Blomquist-City Segment and the entirety of the Off -Site Water Line. <br />G. Following the Parties' entry into the Original Development Agreement and First <br />Amendment and the Original SIA, City and the County of San Mateo ("County") entered into an <br />Agreement dated September 30, 2021 ("Exchange Agreement"), pursuant to which County <br />agreed to convey to City a fee interest in the approximately 2.0 acre County -owned property at <br />1580 Maple Street ("County Property"), including buildings and improvements thereon, and City <br />agreed to convey to County a fee interest in an approximately 2.52 acre portion of an undeveloped <br />City -owned parcel at 1469 Maple Street ("City Parcel"). City and County closed escrow for <br />exchange of the Couty Property and City Parcel on or about February 3, 2022. <br />H. In connection with City and County's entry into the Exchange Agreement, <br />Developer, City and the County entered into that certain Tri -Party Implementation Agreement <br />dated for references purposes January 28, 2022 ("Tri -Party Agreement"), setting forth, among <br />other things, City or County's agreement to perform certain Abatement Work (as defined in the <br />Tri -Party Agreement) within structures located on the County Property and following completion <br />of such Abatement Work, Developer's performance of certain Demolition Work (as defined in the <br />Tri -Party Agreement) required to ready the County Property for construction of the Blomquist- <br />County Segment, subject to City and County's agreement to reimburse Developer an agreed share <br />of the costs of such Demolition Work. <br />ATTY/AGR/2025/AMEND.N0.4 - 1548 MAPLE DA <br />REV: 01-22-26 VR <br />Page 2 of 12 <br />