ONE BROADWAY PLAZA 1 (Conformed Copy only)

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extension is sent to the other party within thirty (30) days ofthe commencement ofthe cause or event resulting in such delays. 2.1 "Offsite Mitigation Measures" means all those mitigation measures not on the Property applied to the Project as either mitigation measures or conditions of approval, and which are set forth in greater detail in paragraph 5.1.1 below, and Exhibit C to this Agreement. 2.2 "Property Owner" or "Owner" means One Broadway Plaza, LLC, a California Limited Liability Company, 1200 N. Main LLC, a California Limited Liability Company, and 845 Broadway LLC, a California Limited Liability Company, being the person, persons, or entity collectively having a legal or equitable interest in the Property. 2.3 "Property" is the real property described in Exhibit A and referred to in Exhibit B, bounded by Broadway on the west, Washington Avenue on the north, Sycamore Avenue on the east and Tenth Street on the south. 2.4 "Project" is the development ofa 37 story, 518,000 square foot, Class A office building and associated parking structure and ancillary commercial development on the Property as generally set forth in Specific Design Zoning Designation SD-75, Environmental Impact Report No. 99-01, General Plan Amendment No. 2004-01 and Zoning Ordinance Amendment No. 2004-02. The parties to this Agreement acknowledge and agree that to the extent set forth on the attached Exhibit D future discretionary approvals are required for the development ofthe Project on the Property, that this Agreement does not apply or in any way constrain the City's discretion as to such future discretionary approvals, and that such approvals if granted shall at that time be incorporated into the definition of the word "Project" as used herein. 3. EXHIBITS. The following documents referred to in the Agreement are attached to this Agreement, incorporated herein by this reference as though fully set forth, and are identified as follows: Exhibit Referred to l)~"ienMion np.~~r1pti()n in ~p.c.tion A Property Legal Description 1.2 B Property Graphical Description (Site Plan) 1.2 C Remaining Off site Mitigation Measures 5.1.1 D Remaining Discretionary Approvals 5.1 E Scarifying Area 5.9(3) ~ 3