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AMENDMENT: NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Applicability of Amendment No. 1. This Amendment No. I shall apply only to the Property legally described in Exhibit "A" attached hereto and shall not be effective as to any other real property whether or not such other real property is included in the real property legally described in Exhibit "A" to the Development Agreement. 2. Amendment to Development Agreement. a. Section 4(a) of the Development Agreement is amended by extending the term of the Development Agreement as set forth in Section 4(a) to March 3, 2028. b. Section 4(c) of the Development Agreement is hereby deleted. All references in the Development Agreement to the Disposition and Development Agreement (also referred to in the Development Agreement as the "D.D.A."), as defined in Recital B to the Development Agreement, are hereby deleted. c. The parties hereto acknowledge that Section 4(e) of the Development Agreement applies to the Property only to the extent that Owner or its successor fails to perform its obligations under the Development Agreement as such obligations are allocated' to Owner pursuant to the Amended and Restated Project Implementation Agreement. Section 5(d) of the Development Agreement is amended to read as - follows: (d) Fees, Charges. The fees, charges, and ' - exactions charged, from time to time, with respect to the real estate development projects on the Property, by the City or any agency, or district, board, commission, or entity of or controlled by the City, or any entity on which the members of the City Council sit as the governing board, or any joint powers authority in which the City is member or party, shall be only those fees, charges, and exactions in effect on April 9, 1998; provided, however, that the foregoing limitation on development fees, charges, and exactions shall not include building, planning, or engineering fees or like lees imposed to recover costs, including but not limited to costs associated with processing and review of applications, plans, specifications, etc. 3. Obiectives of Owner; Obiectives of City; Conformity With General Plan; City Procedures; Recordation. Owner, in the absence of this Agreement, would face certain development risks and uncertainties which would deter and discourage Owner from further