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Construction Funding Agreement, dated April 6, 1992, between the <br /> city and the Developer; provided, however, that: <br />(i) In the event funds deposited with the City for the <br />'Developer's share of the cost of the Owens Drive widening are <br />refunded to the Developer pursuant tot he said Construction Funding <br />Agreement, the Development shall' not proceed until alternative <br />provision for the Developer's participation in the costs of the <br />widening of Owens Drive is agreed upon in writing by the City and <br />the Developer. <br /> <br /> (ii) In the event funds deposited with the City for the <br /> Developer's share of the cost of the .Memory Lane Interceptor Sewer <br /> Pro]ect" are refunded to the Developer pursuant to the said <br /> Construction Funding Agreement, the Development shall not proceed <br /> until alternative provision for the Developer's participation in <br /> the costs of the installation of new sewer improvements serving the <br /> Development is agreed upon in writing by the City and the Develop- <br /> er. <br /> <br /> It is stipulated and agreed by the parties hereto that <br /> the Developer's payment of the. Developer's share of the cost of the <br /> "Memory Lane Interceptor Sewer Project" pursuant to the said <br /> Construction Funding Agreement is the sole and complete charge to <br /> be imposed on the Developer for sewer improvements as a condition <br /> of construction of the Development. In particular, the Developer <br /> shall not be required to pay the sewer connection fee established <br /> by section 39-53 of the Santa Aha Municipal Code or the Memory Lane <br /> Interceptor Sewer development fee established by section 39-82 of <br /> the Santa Aha Municipal Code as a condition of construction of the <br /> Development or any part thereof. <br /> <br /> (2) Main street Improvements. <br /> <br /> It shal% be the obligation and responsibility of the <br /> Developer to design, bid, construct certain improvements and <br /> dedicate certain right of way easements along Main street as more <br /> specifically described in the conditions of approval of the Map <br /> ("Main Street Improvements"). Developer agrees that all such <br /> construction of the Main Street Improvements will be completed <br /> prior to May, 1993 (except for such portion thereof as is not <br /> located on land owned by either the Developer, the City, or the <br /> Community Redevelopment Agency of the City of Santa Ana), or else <br /> that the construction of the Main Street Improvements must be <br /> delayed until following the reopening of the Main Street bridge <br /> over the I-5 (Santa Ana) Freeway after the widening of that freeway <br /> at that point by the State Department of Transportation. In this <br /> regard, it is understood that the completion of the construction of <br /> the Main Street improvements is a condition precedent to the <br /> issuance of building permits for the Development or any portion <br /> thereof. <br /> <br />16 <br /> <br /> <br />