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g. Developer shall design, construct, maintain, repair and replace as <br />necessary, a retaining wall along the eastern portion of its property to maintain the integrity <br />of Broadway Street. <br />The exhibits to this Amendment shall supercede and replace the exhibits to the <br />Development Agreement. Except as necessary to implement the intent of this Amendment, the <br />Development Agreement shall remain in full force and effect. In the event of a conflict, terms <br />contained herein shall prevail over conflicting provisions of the Development Agreement. <br />Section 8 of the Development Agreement is hereby amended to read as follows: <br />8. Environmental Review/Mitigation Monitoring Plan. <br />In connection with its approval of the Development and this second <br />amendment to the Development Agreement, in addition to the originally certified <br />Final Environmental Impact Report No. 96 -01 ( "EIR "), an addendum was prepared. <br />The EIR, including its addendum, was again certified by the City Council on <br />April 15, 2002. Developer agrees to implement all those mitigation measures set for <br />in the Mitigation Monitoring Plan attached here as Exhibit D. <br />011111 l I - ••••• au u -• <br />Section 3.(a) of the Development Agreement is hereby amended to read as follows: <br />3. Term. <br />(a) Unless the term is otherwise modified or extended by the parties <br />as set forth in this Development Agreement, the term ( "Term ") of this Development <br />Agreement is fifteen (15) years from the Effective Date (defined below), subject to <br />termination as hereinafter provided. <br />Subparagraphs 3 (b) through 3 (d) to the Development Agreement <br />are not amended. <br />The parties to this Amendment further agree that the Effective Date of the Development <br />Agreement, set forth in paragraph 22 therein, is unaffected by this or any other Amendment to the <br />Development Agreement. <br />M <br />