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<br />105 <br /> <br />acknowledge that the amount of Developer contributions is <br />based upon a maximum final buildout for Phases II and III <br />of Five Hundred Twenty Thbusand (520,000) square feet. <br />The City hereby agrees that if the final square footage <br />buildout for Phases II and III does not exceed 520,000 <br />square feet, the total of all Development Fees for the <br />project shall not exceed the amount of the Developer <br />contributions as calculated herein. If the final square <br />footage buildout for Phases II and III exceeds 520,000 <br />square feet, Developer shall be required to pay at the <br />time a certificate of occupancy is issued for such excess <br />square footage an additional Developer contribution equal <br />to the amount obtained by mUltiplying the City I s then <br />existing Transportation system Improvement Fee applicable <br />to the zone in which the Project is located by the number <br />of square feet constructed by Developer in Phase II and <br />III in excess of 520,000 square feet. <br /> <br />13. The addresses provided for Developer in section 21 <br />(Notices) of the Agreement are deleted and the following addresses <br />are substituted in lieu thereof: <br /> <br />If to Developer: <br /> <br />Xerox Centre Partners <br />c/o Xerox Realty corporation <br />800 Long Ridge Road <br />P. O. Box 1600 <br />Stamford, Connecticut 06904 <br />Attention: Vice President <br /> <br />with a copy to: <br /> <br />Palmieri, Tyler, wiener, wilhelm & <br />Waldron <br />2603 Main street <br />suite 1300 - East Tower <br />Irvine, California 92714 <br />Attention: Cynthia M. Wolcott <br /> <br />14. Exhibit "A" of the Agreement is hereby superseded and <br />replaced by the exhibit attached to this Amendment as Exhibit "A." <br />Exhibit "B" of the Agreement is hereby superseded and replaced by <br />the map attached to this Amendment as Exhibit liB". <br /> <br />15. Except as modified in this Amendment, all of the terms, <br />conditions and covenants of the Agreement shall continue in full <br />force and effect. The City and Developer hereby ratify and confirm <br />all the terms, conditions and covenants of the Agreement not <br />otherwise amended herein, including, without limitation, <br />Developer I s vested right to subdivide and construct works of <br />improvement upon the Property in compliance with the density, <br />intensity, height, size, access, parking and other components of <br />the Specific Plan. <br /> <br />16. This Amendment shall be dated as of the date of adoption <br /> <br />8 <br />