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30 It 3 535 <br />modification to Exhibits A and B to the Agreement) to include <br />within the definition of the "Property" that portion of the <br />Shopping Center being so developed. Such modification shall be <br />by way of implementation of the terms and conditions of this <br />Amendment and may be completed by city staff without further <br />public hearings. <br />2. Section 2.2 is hereby amended and restated as <br />follows: <br />2.2 ~. The term of this Agreement and Developer's <br />rights and obligations hereunder shall terminate on December <br />31, 2012. <br />3. Traffic Mitiaation Imorovements. Sections 3.2(a) <br />and 3.2(b) of the Agreement are hereby amended and restated to <br />read as follows (with Sections 3.2(C) through (e) being <br />redesignated as Sections 3.2(i) through (k), respectively): <br />3.2 Conditions. <br />a) Traffic Mitiaation ImDrovements: Estimated Costs. <br />In consideration of the City's entering into this Agreement, <br />Developer agrees to contribute to the cost of those public <br />improvements (the "Traffic Mitigation Improvements") set out <br />in Exhibit D attached hereto. The City has identified these <br />Traffic Mitigation Improvements as necessary to maintain <br />adequate levels of service for traffic circulation in and <br />around the Stoneridge Shopping Center area of North <br />Pleasanton as development occurs on certain properties which <br />currently are undeveloped or on other properties which are <br />developed but may be redeveloped or the uses thereon <br />expanded or intensified. The City shall complete the <br />Traffic Mitigation Improvements from time to time as and <br />when the same shall be required, as a consequence of <br />additional development in the stoneridge Shopping Center <br />area, in order to avoid a deterioration of the level of <br />traffic services (LOS) at any intersection identified on <br />Exhibit D below LOS "0". As shown on Exhibit D, the <br />estimated costs of constructing the Traffic Mitigation <br />Improvements ("Estimated Traffic Mitigation Improvements <br />Costs"), based on present construction costs, is $l,080,000. <br />certain funding sources ("Existing Funding Sources") exist, <br />a list of which is set forth in Exhibit E attached. All <br />funds from time to time held by the City from the Existing <br />Funding Sources (or hereafter from a contributing Project, <br />as defined below) are to be applied to the Traffic <br />Mitigation Improvements Costs next incurred by the city. <br />The City, and not Developer, shall be responsible for <br />collecting from the Existing Funding Sources (and hereafter <br />from Contributing Projects, as aforesaid) all funds referred <br />to in this Section 3.2. After deducting the Existing <br />Funding Sources from the Estimated Traffic Mitigation <br />Improvements Costs, the remaining Traffic Mitigation <br />3-