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116 TRANSPORTATION DEMAND MANAGEMENT MITIGATION MEASURES FOR XEROX CENTRE Page Three 9, If the TDM Program(s) performance requirements are not satisfied, the Property Owner(s) not in compliance shall submit to the City of Santa Ana within 60 days of notification by the City of Santa Ana a list of TDM actions that will be implemented to reduce AM peak hour vehicle trips to meet the requirements within 180 days of written notification by the City of Santa Ana, Contingency actions to be taken in the event of not meeting the requirements shaH be described in the Xerox Centre TDM Program. Remedies could include, but are not limited to: . Increasing the level of effort (1. e" financial and other resources) for existing on-site TDM program activities, . Initiating new on-site TDM activities. . Supporting off-site TDM efforts that have the effect of reducing traffic levels in the vicinity of the project. . Increasing the level of support for areawide TDM efforts. At the end of the 180 day period, performance will be evaluated by the City of Santa Ana based upon measures described in Sections 2 and 3 of this document to determine compliance, No further measures to reduce the particular project/phase generated AM peak hour vehicle trips will be necessary if the requirements are then met. Should the performance requirement not be satisfied by the end of the 180 day period for a particular project/phase, that particular project/phase Property Owner(s) shall pay a TDM Penalty Fee of $700 per vehicle for the number of average daily vehicle trips in excess of the requirement. Notwithstanding the foregoing, the Property Owner( s) total annual obligations shall not exceed $51,100 for Phase I, $102,200 for Phases I and II combined, and $31,500 for Phase In, The TDM Penalty Fee shall be paid within 60 days to the City of Santa Ana and used to improve street capacity through the construction of physical improvements to be selected by the City of Santa Ana from the list of areawide improvements identified in the "Cumulative Development Analysis" of the Xerox Centre EIR or for on-site physical improvements/TUM program enhancements and/or to reduce areawide AM peak hour travel demand in the vicinity of the Xerox Centre. The Public Works Agency shall make a determination for compliance that such fees have offset the impact of project related AM peak hour travel demand and the performance requirement may be revised upward to account for the change in allowable AM peak hour trips generated by the affected phase( s) of Xerox Centre,