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153, <br /> <br />(d) Neighborhood Traffic #it~qation. <br /> <br />Although the EIR prepared for the Development concludes <br />that there will be no adverse impact on the adjacent residential <br />'neighborhoods commonly known as Parker Batavia, Northeast, <br />Northwest and Floral Park (the "Neighborhoods"), the Developer and <br />the City acknowledge that existing traffic modeling methodology <br />cannot predict with absolute certainty that there will be no <br />impacts on the Neighborhoods. Accordingly, the Developer agrees as <br />follows: <br /> <br />(1) <br /> <br />Prior to the issuance of any building permit for the <br />first phase of the Development, the Developer will <br />deposit with the City $20,000, to be used by the City for. <br />a traffic study or studies by city staff or by a traffic <br />consultant or consultants selected by the City, which <br />study or studies will: <br /> <br />(i) <br /> <br />create an "existing conditions database" describing <br />traffic conditions existing in the Neighborhoods <br />after completion of the I-5 Improvements but before <br />initial occupancy of the first phase; <br /> <br />(ii) <br /> <br />entail average daily trip counts, turning movement <br />counts, speed surveys and license plate surveys, as <br />determined appropriate by the City; and <br /> <br />(iii) <br /> <br />at the City's election, evaluate the effectiveness <br />and continued need for the traffic control measures <br />implemented as part of the I-5 Improvements. <br /> <br />Any portion of the amount of the said $20,000 deposit <br />which is not expended for the abovesaid study shall be <br />refunded to the Developer. <br /> <br />(2) <br /> <br />Prior to the issuance of the first building permit for <br />any nonresidential building in Phase I of the <br />Development, the Developer agrees to deposit with the <br />City $50,000, to be used by the City for an additional <br />traffic study or studies by city staff or by a traffic <br />consultant or consultants selected by the City, which <br />study or studies will identify traffic impacts in the <br />Neighborhoods, if any, attributable to Phase I of the <br />Development. Any portion of the said $50,000 deposit <br />which is not expended for Phase I traffic studies will be <br />refunded to the Developer. <br /> <br />(3) <br /> <br />Prior to the issuance of a building permit for any <br />building in Phase II of the Development, the Developer <br />agrees to deposit with the city an additional $50,000, to <br />be used by the City for an additional traffic study or <br />studies by City staff or by a traffic consultant or <br /> <br />13 <br /> <br /> <br />