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permitted to amend SD-43 so as to reduce the maximum density on the Property and in conjunction therewith to adopt a revised mitigation plan pursuant to appropriate CEQA documentation. f. Provided that the First American Acquisition Area Off -Site Improvement Obligations that are required to be completed or paid for by "Developer" for the particular Level of development shown on Exhibit C have been completed or paid for in accordance with the provisions of subparagraph e of this Paragraph 5, City's review of a request(s) for, and City's issuance of, a certificate(s) of occupancy for development(s) on the First American Acquisition Area, including each separate phase or Level of development as shown on Exhibit C, shall be separate and distinct from any request (s) for, and issuance of, a certificate (s) of occupancy pertaining to or related to (i) any other phase or Level of development of the First American Acquisition Area, (ii) any phase of the .First American Project, or (iii) any other real property whether such other real property is within or outside of MacArthur Place. City acknowledges and agrees that under the Applicable Documents, a request(s) for, and City's issuance of, a certificate(s) of occupancy for development occurring on the First American Acquisition Area, including each separate phase or Level of development thereon, shall not be affected by, or conditioned on, the completion or failure to complete on -site or off -site improvement obligations, or any noncompliance with mitigation measures or other requirements of the EIR, that pertains to or is related to (A) any other phase or Level of development of the First American Acquisition Area or (B) any other real property whether such other real property is located within or outside MacArthur Place. g. (1) Subject to subparagraph (2) below of this subparagraph g, City shall not, by "Municipal Financings" (as defined in Section 16 of the Development Agreement) or any other form of financing or payment for improvements, including but not limited bond, assessment, tax, fee, or charge (collectively, "Financings"), impose, either directly or indirectly, on any portion of the First American Acquisition Area any obligation or responsibility to pay for the First American Acquisition Area Off - Site Improvement Obligations through Financings. (2) Notwithstanding subparagraph (1) above of this subparagraph g, City reserves the right, consistent with the terms of this Agreement, to impose financial obligations on the First American Acquisition Area if the following two criteria are met: (A) City is permitted to impose such financial obligations pursuant to the Development Agreement; and (B) such financial obligation(s) is/are imposed on a City-wide basis or, if imposed on less than a City-wide basis, are imposed on all non --residentially zoned properties in. the City. 394/016555-0002/3124650.19 05/26/00 - 1 1 -