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2. The Development Agreement has not been amended or modified, either orally or <br />in writing, except as identified above (if any other amendments exist, describe here or state <br />"none"): NONE <br /> <br /> 3. Developer is not in default in the performance of its obligations under the <br />Development Agreement, except as follows (if no defaults, state "none"; otherwise describe the <br />name and amount of any such defaults): NONE <br /> <br /> 4. Developer is in good faith compliance with all terms and conditions in both the <br />Development Agreement and the "PUD," as such terms are defined in the Development <br />Agreement. <br /> <br /> 5. The "Property," as such term is defined in the Development Agreement, has been <br />developed in compliance with the Development Agreement. <br /> <br /> 6. All "Public Improvements," as such term is defined in the Development <br />Agreement, have been constructed and completed and otherwise complied with by Developer in <br />all respects as described in the Development Agreement. <br /> <br /> 7. There are no circumstances today which would require or justify changing the <br />zoning regulations applicable to the project. <br /> <br /> 8. By the undersigned's execution of this Estoppel, City agrees that pursuant to <br />Section 9.3 of the Development Agreement, this Estoppel shall also be the City's "Annual <br />Review" notice, as such term is defined in the Development Agreement, that Developer has <br />demonstrated good faith compliance with the terms and conditions of the Development <br />Agmement. <br /> <br />B. CC&Rs <br /> <br /> With respect to the Declaration of Covenants, Conditions and Restrictions for Koll <br />Center Pleasanton, dated as of January 13, 1987, by Patrician and Koll, dba Bemal Avenue <br />Associates (collectively, the "Declarant"), recorded on February 18, 1987, as Instrument <br />No. 87-046032 in the Official Records of Alameda County, California (the "Official Records"), <br />as amended by that First Amendment to Declaration recorded October 15, 1993 as <br />No. 93-366552, and as amended by that Second Amendment to Declaration of Easement and <br />Maintenance Agreement [sic] recorded on July 31, 1997, as Instrument No. 97-191415 in the <br />Official Records and as further amended by that Third Amendment to Declaration of Covenants, <br />Conditions and Restrictions recorded on November 17, 2000, as Instrument No. 2000-341937 in <br />the Official Records (collectively, the "CC&Rs"): <br /> <br />-2 - p:\SBOXSBO020 08/26/03 <br /> <br /> <br />