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250,7 such lane. Nothing herein is intended to limit Developer's right to receive full and fair compensation for any right-of-way or other taking by Caltrans of the Offramp Site nor to the limit the highest and best use of the Offramp Site for the purpose of determining the value of the site. 8. Utility Capacity. It is hereby agreed that the City will not undertake any action or fail to perform any action which would impair or restrict the availability of storm drain capacity, sanitary sewer capacity, water capacity, or cable services sufficient to service the Project(s). 9. Mitigation Measures. (a) City's Obligations. The City agrees to use its best efforts to construct or cause to be constructed all public improvements listed in the Traffic Study portion of the draft EIR on pages 3-63 through 3-68, as modified which are required by the EIR to be completed as "fair share" cumulative mitigation measures, "Areawide and Cumulative Roadway Improvements" or "Caltrans Improvement Program." In furtherance of this obligation, the City agrees to use its best efforts to enter into a joint exercise of powers agreement with the City of Tustin to provide for the implementation and the funding mechanisms for all .'such improvements. In the event the City is unable to reach such an agreement with the City of Tustin, the City shall nevertheless be responsible for the implementation and funding for all such improvements. In any event, the failure of the City, Caltrans, the City of Tustin or any third party to complete any of the public improvements set forth above shall not impact or in any manner restrict Developer's right to complete the Project(s) as provided in this Agreement. In the event such public improvements are not completed, the City may not withhold or delay any permits or approvals, including, without limitation, building permits or Certificates of Occupancy, so long as the Developer has otherwise satisfied its obligations under this Agreement as they relate to the particular Phase for which permits or approvals are being sought. (b) Developer's Obligations. (1) Cabrillo Park Drive. The Developer agrees that it will cause to be prepared and submitted to the City for approval plans and specifications for street improvements to complete Cabrillo Park Drive between First and Fourth Streets adjacent to Phase II, Phase III and Phase IV substantially in accordance with those - 5 -