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(6) ~ransportation Demand Management Program. <br /> <br /> The Developer agrees to comply with the Transportation <br />Management regulations set forth in Article XIII of chapter 36 of <br />'the Santa Aha Municipal code, including, but not limited to, the <br />requirement to obtain City approval of a TDM strategy plan <br />concurrently with City approval of the Development and the <br />requirement to obtain city approval of a TDM program prior to <br />occupancy of the first nonresidential building in the Development. <br /> <br />(7) Other BIR Mitigation Measures. <br /> <br /> Subject to the provisions of subsection (c) of this <br />section, theDeveloper agrees to comply with the other mitigation <br />measures for the Development set forth in the final EIR and <br />determined feasible to implement by the City in connection with <br />approval of the Development. To the extent that Developer develops <br />the Development, Developer hereby agrees to implement the various <br />mitigation measures, at such phase of development as required to be <br />implemented by Developer in the mitigation monitoring program of <br />the EIR. It is understood and agreed that the costs of implement- <br />ing the mitigation measures are to be borne by Developer unless <br />otherwise stated in this Development Agreement or in the mitigation <br />monitoring program of the EIR, subject to such reimbursements to <br />Developer,if any, as are provided for in this Development Agreement <br />or as may be otherwise agreed to by the city. <br /> <br />(b) City's Obligations. <br /> <br /> Subject to the provisions of paragraph (1) of subsection <br />(a) of this section, the Cityts obligations with respect to the <br />widening of Owens Drive and with respect to the installation of new <br />sewer lines serving the Development shall be as set forth in that <br />certain Construction Funding Agreement, dated April 6, 1992, <br />between the City and the Developer. <br /> <br />(c) Cummulative Impacts. <br /> <br />(1) Payment of Transportation Zmpaot Fees. <br /> <br /> In accordance with Santa Ana Municipal Code Section 8-44, <br />which provides for the payment of transportation system improvement <br />development fees on an area-wide basis, the Developer agrees that <br />the Developer shall pay such "Transportation System Improvement <br />Fees." It is understood that the Transportation System Improvement <br />Fees which are paid in the area in which the Property is located <br />are administered by a joint powers agency between the cities of <br />Santa Ana and Orange, entitled the Transportation System Improve- <br />ment Authority, which was established to provide for transportation <br />system improvements located within, or benefitting, an area <br />consisting partly of territory of the City of Santa Aha and partly <br />of territory of the City of Orange. To the extent that bond sale <br /> <br />18 <br /> <br />0 <br /> <br />0 <br /> <br /> <br />