2_Exhibits A, B & D - Laserfiche WebLink

98O4 'd 1i that the following special conditions shall apply to the additional 202,000 square foot of Floor Area approved as part of the Project pursuant to the First Amendment to Development Agreement (but such conditions shall not apply to the previously approved 178,000 square feet remaining unused at the date of such First Amendment) : (A) no use of such additional Floor Area will be made until the earlier of (x) completion of the West Las Positas study and, as a consequence thereof, any modification of the Circulation Element of the City's General Plan (including revisions to the street network and/or acceptable levels-of-service therein) , or (y) December 31, 1999; and (B) within sixty (60) days following occurrence of the condition referred to in the foregoing subparagraph (A) , the City shall, by a majority vote of its City Council, either (x) revoke Developer's rights to the additional 202,000 square feet of Floor Area if development of such additional Floor Area is determined to be inconsistent with said Circulation Element (as the same may be amended as a result of the West Las Positas study) , 2r (y) confirm Developer's rights to the additional 202,000 square feet of Floor Area if development of such additional Floor Area is determined to be consistent with said Circulation element (as the same may be amended as a result of the West Las Positas study) . Such action by the City Council shall be undertaken at a regularly noticed public hearing, and the Council action to revoke or to confirm shall be deemed a legislative action. Any such revocation shall not affect Developer's other rights and obligations under the Development Agreement as amended, nor limit or prejudice Developer's right at any time to request City approval (whether pursuant to the Development Agreement or otherwise) of additional expansion within the Stoneridge Shopping Center. " 5. Miscellilneous. (a) Developer acknowledges that the City is not guaranteeing that existing LOS standards be maintained in perpetuity and that no guarantee is made that the City will be responsible for keeping intersections at LOS "D" or better. (b) Developer shall continue to implement a proactive Transportation Systems Management program or other measures which will positively mitigate the Project's otherwise anticipated traffic impacts. (c) Except as expressly modified by this Amendment, the City and Developer hereby ratify and confirm all of the terms -10- 1-680. Furthermore, Developer agrees -9- reimbursement by the City. (g) Developer's Responsibility For Increased Costs. The current Estimated Traffic Mitigation Improvements Costs -8- f $220,450 calculated as follows: (i) 178, 000 sq. ft. (Sears store) divided by 558, 000 sq. ft. (total Project) yields an allocable share of the total Project of approximately 32%; -7- h subparagraph (c) above. -6- 28163403v 2/028227-001530