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<br />(2) A de facto westbound right-turn lane or converting the existing northbound right-turn lane into <br />a shared through/right turn lane at the intersection of Bristol and Civic Center Drive. <br /> <br />B. Within sixty (60) days of receipt of the estimated costs for 2. A. (1) and (2) the District shall pay <br />the City both of the following: <br /> <br />(1) <br /> <br />A cash deposit equal to a fair-share contribution (1.6 percent) of the total cost of <br />installing a traffic signal at the intersection of Pacific Avenue and Civic Center Drive in the <br />amount set forth in the estimated cost prepared by the City (Section 2.A.(1)). <br /> <br />(2) <br /> <br />A cash deposit equal to a fair-share contribution (8.4 percent) of the total cost of adding a <br />de facto westbound right-turn iane or converting the existing northbound right-turn lane <br />into a shared through/right turn lane at the intersection of Bristol and Civic Center Drive in <br />the amount set forth in the estimated cost prepared by the City (Section 2.B.(1)). <br /> <br />3. NOTICE <br /> <br />All notices pertaining to this AGREEMENT and all communications from the parties may be made by <br />delivery and said notices or communications in person or through the U.S. Maii, first class, certified, <br />return receipt requested and addressed as follows: <br /> <br />To DISTRiCT: <br /> <br />To CITY: <br /> <br />Rancho Santiago Community College District <br />2323 N. Broadway <br />Santa Ana, CA 92706-1640 <br />Attn: Vice Chancellor <br />Business Operations/Fiscal Services <br /> <br />City of Santa Ana Public Works Department <br />20 Civic Center Plaza M-21 <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attn: City Engineer <br /> <br />Written notice is effective five days after mailing to the most current address provided by the parties. <br />Faiiure by either party to notify the other of a change in mailing address shall not invalidate service by <br />mail to the most current address provided by that party. Personal service of notice is effective upon <br />delivery. <br /> <br />4. Nothing herein shall be construed to be a limitation on other requirements which may be imposed by <br />the City on the District as conditions to the issuance of building permits or certificates of occupancy <br />for the Development, or to the recordation of a parcel map for the Development, including, but not <br />limited to, conditions which pertain to the installation of public improvements other than and in <br />addition to the Required Contributions which are the subject of this Agreement. <br /> <br />5. If any term, covenant, condition or provision of this Agreement is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in <br />full force and effect and shall in no way be affected, impaired or invalidated thereby. <br /> <br />6. This Agreement has been executed and delivered in the State of California and the validity, <br />enforceability and interpretation of any of the clauses of this Agreement shall be determined and <br />governed by the laws of the State of California. All duties and obligation of the parties created <br />hereunder are to be performed in Orange County, which shall be the venue for any action or <br />proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. <br /> <br />7. This agreement may not be modified or amended except in writing signed by the District and City. <br /> <br />DO-08-033 <br />