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<br />103 <br /> <br />(4) Transportation Demanu Manaqement Proqram. The <br />Developer agrees to comply with the Transportation Demand <br />Management Program set forth in Exhibit C, attached <br />,hereto and incorporated herein. <br /> <br />10. Subsection (b) (2) (Developer's ObliQations - Cabrillo <br />Park Drive) of section 10 (Costs of Mitiqation Measures) is hereby <br />deleted in its entirety and the following is substituted in lieu <br />thereof: <br /> <br />(2) Cabrillo Park Drive. Subject to the limitations set <br />forth in Section 9 (b) (1), Developer shall be obligated to <br />bear all costs and expenses in connection with the design <br />and construction of the Cabri1lo Park Drive Improvements. <br /> <br />11. Subsection (b) (3) (Developer's Obliqations - First street <br />and Grand Avenue) of section 10 (Costs of Mitiqation Measures) of <br />the Agreement is hereby deleted in its entirety and the following <br />is substituted in lieu thereof. <br /> <br />Developer agrees to prepare, at its sole cost and <br />expense, the final plans and specifications and cost <br />estimates for the First and Grand Improvements. <br />Developer agrees to contribute Seven Hundred Fifty <br />Thousand Dollars ($750,000.00) (the "First and Grand <br />contribution") toward the First and Grand Improvements. <br />The First and Grand Contribution shall be payable by <br />Developer upon the earlier of: <br /> <br />(i) The date a certificate of occupancy is issued <br />for the first building to be constructed on <br />the Property as part of Phase II or Phase III; <br /> <br />r <br /> <br />(ii) The date which is thirty (30) days after <br />Developer receives written notice from the <br />City that the City is ready to advertise for <br />bids for the construction of the First and <br />Grand Improvements. Developer's obligation to <br />pay any portion of the First and Grand <br />Contribution pursuant to this Subsection (ii) <br />shall be conditioned upon the City notifying <br />Developer in writing upon the city being <br />awarded state or federal funds to construct <br />the First and Grand Improvements. Should the <br />ci ty not enter into a construction contract <br />within 120 days after advertising, City shall <br />refund the First and Grand Contribution. <br /> <br />(iii) The date which is thirty (30) days after <br />Developer receives written notice from the <br />city that (A) the City has opened an escrow to <br />acquire all or any portion of the right-of-way <br /> <br />6 <br />