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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN <br /> COUNTY OF SAN JOAQUIN AND BAY CITIES TRUCK STOP, <br /> TRACY INDUSTRIAL PARTNERS, AND KING & LYONS-TRACY INDUSTRIAL <br /> This Second Amendment to Development Agreement(this"Amendment") is made and entered <br /> into effective as of the date set forth in Sect a 3 below by and Tracy and Cohmme Commercial Properties, <br /> Propertesof San aquin, <br /> a political subdivision of the State of California ("County"), Y <br /> formerly known as Bay Cities Truck Stop,a California limited partnership, Tracy Industrial <br /> Partners, a California limited partnership, and King &Lyons—Tracy Industrial, a California limited <br /> partnership (collectively the"Developer"). <br /> RECITALS <br /> This Amendment is entered into on the basis of the following facts, understandings, and <br /> intentions of the parties: <br /> A. County and the Developer have entered into that certain Development Agreement recorded <br /> march 1, 1991, as Instrument No. 91018438 in the Official Records of the County of San <br /> Joaquin. Such agreement was amended by that certain First Amendment to Development <br /> Agreement recorded September 29, 1992, as Instrument No. 92114132 in the Official <br /> Records of the County of San Joaquin. The initial Development Agreement and the First <br /> Amendment described above shall be collectively referred to herein as the"Development <br /> Agreement." All capitalized terms used in this Agreement shall have the same meaning <br /> ascribed to them in the Development Agreement unless expressly defined herein. <br /> B. The Development Agreement sets forth.certain terms and conditions applicable to the <br /> development of the Property owned by the Developer. <br /> C. County an.d the Develoer <br /> conditions of the Development'Agreement asre to set forth hmore particerein ularly modifications <br /> d'escrib d belowterms and <br /> AGREEMENT: <br /> NOW,THEREFORE, pursuant to the authority contained in the Development Agreement <br /> Legislation, and in consideration of the mutual covenants and promises of the parties set forth in <br /> the Development Agreement and herein contained, the parties agree as follows: <br /> 1. Addition Addition t_�Property. The real property owned by Tracy Industrial Partners, composed of <br /> approximately two hundred four(204)acres anattached to this Amendment d more particularly described on Exhibit A <br /> dincorporated herein <br /> included within,t e P operty forall pu poses of theDevelopment� <br /> Ageemenitbe added to, and <br /> 2. Additional Existing Approvals. The following approvals for the Project shall be added to, and <br /> included within,the Existing Approvals for all purposes of the Development Agreement <br /> (a) Special Purpose Plan approved by the County on May 10, 1994. <br /> (b) Business Park Tract Map 2450 approved by the County and recorded on December 24, <br /> 1992. <br /> (c) General Plan Amendment No.GP-00.4 approved by the Board of Supervisors on <br /> September 5,2000, by Board Resolution No. <br /> (d) Zone Reclassification No.ZR-00-5 approved by the Board of Supervisors on September <br /> 5,2000, by Ordinance No. <br /> DA-90-1 -1 <br />