RecDoc 2026-002924 Development Agreement 901 El Camino Real

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Section 4.2 Development Plans and Specifications. (a) As used herein, "Project Plans" means plans for the design and construction of the Affordable Development on the Affordable Site, as provided in the plan set prepared by David Baker Architects and dated February 21, 2025 on file with the City, including without limitation, preliminary plans, site plans, floor plans, elevations and all related architectural plans and related structural and engineering plans. (b) The Project Plans shall not be processed or approved in a manner which causes, creates or results in the imposition of any lien, burden, condition, obligation, liability or expense upon Developer or the Affordable Site prior to the conveyance thereof by Developer to the Qualified Designees or the City, or which would otherwise survive termination of this Agreement. Qualified Designee understands that the City shall not have any obligation to reimburse Qualified Designee for any costs or expenses incurred by Qualified Designee with respect to the Project Plans under any circumstance whatsoever, including, without limitation, in the case of a termination of this Agreement for any reason. (c) If the Qualified Designee is unable to comply with the obligations and conditions in the Affordable Development Project Approvals or if the City enforces its rights under the Irrevocable Offer to Dedicate, the Project Plans (inclusive of any preliminary Project Plans) and all related architecture, floor plans, elevations, studies, surveys, drawings, engineering, plans, data, contracts, agreements, information and materials shall, promptly upon City's request, be assigned to City without representation or warranty of any kind and without Qualified Designee's further consent. Qualified Designee shall ensure that its contracts with all consultants, engineers and design professionals with respect to the Project Plans and the preparation of work product related thereto entered into after the date of this Agreement include an express consent to the foregoing assignment Qualified Designee's obligations pursuant to this paragraph shall survive termination of this Agreement. In connection with any contracts with consultants, engineers and design professionals that Qualified Designee has entered into prior to the execution of this Agreement, Qualified Designee agrees to use its reasonable efforts to ensure that either these contracts are amended to include the said express consent to assignment or to ensue that any work product related to these contracts is thereby transferred to the City if the City enforces its rights under the Irrevocable Offer to Dedicate, or its right of refusal or option to purchase under Sections 6.8 and 6.9 of the Affordable Housing Restrictive Covenant. (d) The Qualified Designee shall execute the Assignment of Contracts and in accordance with the terms of the Assignment of Contracts, agrees to submit copies of and assign to the City the Project Plans and the plans and specifications for the constriction of the Affordable Development, including all construction documentation upon which the Qualified Designee and the Qualified Designee's contractors shall rely in performing the construction work The Assignment of Contracts shall be subject and subordinate to the Qualified Designee's lenders providing construction and permanent financing to the project. Section 4.3 Environmental Review. The Qualified Designee shall prepare or cause to be prepared preliminary plans to facilitate the environmental review process required by CEQA and NEPA for the Affordable Development, as applicable. The City aclmowledges that the environmental review process under CEQA and NEPA for the proposed Affordable Development ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 10-16-25 VR Page 23 of 41