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g. Developer shall design, construct, maintain, repair and replace as necessary, a retaining wall along the eastern portion of its property to maintain the integrity of Broadway Street. ..: I. F,f~ect of Amendment The exhibits to this Amendment shall supemede and replace the exhibits to the Development Agreement. Except as necessary to implement the intent of this Amendment, the Development Agreement shall remain in full force and effect. In the event ora conflict, terms contained herein shall prevail over conflicting provisions of the Development Agreement. J. 1qnv~rnnmental RevlewB%{iti~atlnn lMnnltnrln~ Plan Section 8 of the Development Agreement is hereby amended to read as follows: 8. Environmental Revie~v/Mitigation Monitoring Plan. In con~ection with its approval of the Development and this second amendment t6 the Development Agreement, in addition to the originally certified Final Environmental Impact Report No. 96-01 ("EIR"), an addendum was prepared. The EIR, including its addendum, was again certified by the City Council on April 15, 2002. Developer agrees to implement all those mitigation measures set for in the Mitigation Monitoring Plan attached here as Exhibit D. K. Five Year ~cten~lnn tn the Term of the Development A~m'eement Section 3.(a) of the Development Agreement is hereby amended to read as follows: 3. Term. (a) Unless the term is otherwise modified or extended by the parties as set forth in this Development Agreement, the term ("Term") of this Development Agreement is fil~ecn (15) years from the Effective Date (defined below), subject to termination as hereinager provided. Subparagraphs 3 Co) through 3 (d) to the Development Agreement are not amended. The parties to this Amendment further agree that the Effective Date of the Development Agreement, set forth in paragraph 22 therein, is unaffected by this or any other Amendment to the Development Agreement. .. Ordinance No. NS-2497 Page 7 of 49