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RecDoc 2026-002924 Development Agreement 901 El Camino Real
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RecDoc 2026-002924 Development Agreement 901 El Camino Real
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3/17/2026 4:33:37 PM
Creation date
3/17/2026 4:29:08 PM
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Recorded Docs - Type
Agreement
Subject
Development Agreement - El Camino Real Holdings JV
Doc Num
2026-002924
Rec Date
1/20/2026
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Exhibit B-2: <br />Relocation Plan <br />Exhibit C: <br />Form of Grant Deed <br />Exhibit D: <br />Form of Irrevocable Offer to Dedicate <br />Exhibit E: <br />Form of Assignment and Assumption Agreement <br />Exhibit F: <br />Form of Assignment of Contracts <br />Exhibit G: <br />Form of Affordable Housing Restrictive Covenant <br />Exhibit H; <br />Form of Performance Deed of Trust <br />Section 1.3 Tenn. The "Term" of this Agreement shall consist of the period <br />commencing on Execution Date and continuing rmtil: (1) the Close of Escrow for the Land <br />Donation of the Affordable Site; or (2) the date of any termination of this Agreement in accordance <br />with the provisions hereof. The expiration of the Term of this Agreement shall have no effect on <br />the term of the Affordable Housing Restrictive Covenant restricting the Affordable Units, or any <br />other provision of this Agreement specified to survive termination of this Agreement as such may <br />apply to the Qualified Designee, <br />ARTICLE 2. <br />PURPOSE AND OVERVIEW <br />Section 2.1 Scope and Purpose of Agreement. <br />The purposes of this Agreement, as more specifically set forth herein, is to: (1) effectuate <br />and satisfy the Developer's compliance with the requirements of the Ordinance with respect to the <br />901 El Camino Real Project; (2) implement the requirements of the Affordable Housing Plan and <br />Relocation Plan; (3) govern the transfer and donation of the Affordable Site; and (4) set forth the <br />expected preliminary requirements for the operation and maintenance of the Affordable <br />Development. <br />Section 2.2 PropertX. <br />(a) Land Ownership as of Execution Date. As of the Execution Date, Shasta <br />Storage, LLC, a California limited liability company and Butler Realty, LLC, a Delaware limited <br />liability company, owns the Affordable Site. Under and pursuant to the terms of that certain <br />Memorandum of Agreement of Purchase and Sale and Joint Escrow Instructions, dated August 20, <br />2021 ("Purchase Agreement"), Developer's Affiliated Company KM -ECR LLC has the right to <br />acquire the Affordable Site from Shasta Storage, LLC and Butler Realty, LLC. <br />(b) Land Ownership Following the Close of Escrow. Pursuant to and in <br />accordance with the terms of the Affordable Housing Plan, the Developer or the Developer's <br />Affiliated Company shall, in accordance with the terms of this Agreement, donate the Affordable <br />Site to the Qualified Designee after acquiring the Affordable Site, such that following the Close <br />of Escrow, the Qualified Designee shall hold fee title to the Affordable Site. <br />Section 2.3 Satisfaction of Inclusionary Housing Obligation. <br />(a) From and after the Close of Escrow transferring fee title to the Affordable <br />Site from the Developer to the Qualified Designee, the Developer's affordable housing related <br />obligations under the Ordinance, the 901 El Camino Real Project Approvals and the Affordable <br />ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT <br />REV: 10-16-25 VR <br />Page 9 of 41 <br />
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