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consultants selected by the City, which study will <br />identify additional traffic impacts in the Neighborhoods, <br />if any, attributable to development occurring during <br />Phase II of the Development. <br />If any traffic study done pursuant to paragraphs (2) or (3) <br />identifies traffic intrusion into the Neighborhoods attributable to <br />the Development, the study shall also develop suitable mitigation <br />measures which could alleviate the identified adverse .traffic <br />impacts in the Neighborhoods. With regard to any such traffic <br />study, Developer shall be provided the opportunity to review and <br />comment on the findings and recommendations contained within it <br />prior to any determination by the City to implement those findings <br />and recommendations. <br />The Developer agrees to contribute a maximum total amount of <br />$750,000 for the implementation, construction and/or completion of <br />the mitigation measures identified in the abovesaid studies, <br />subject to the following terms and conditions: <br />(a) Any such mitigation measure to be funded by the Developer <br />must be approved by the City of Santa Ana, if located in <br />the City of Santa Ana, or by the City of Orange, if <br />located within the City of Orange. Each city shall have <br />complete discretion to determine whether a mitigation <br />measure within its jurisdiction has adequate resident <br />support and is otherwise warranted. <br />(b) Any such corrective measures must be selected and <br />approved in accordance with subsection (a) above, not <br />later than the date occurring ten (10) years following <br />(i) the completion of Phase II of the Development, or <br />(ii) the end of the Term specified in Section 3 of this <br />Development Agreement (without regard to any termination <br />of this Agreement earlier than the end of said Term), <br />whichever first occurs. <br />(c) The issuance of building permits, certificates of <br />occupancy and/or licenses and permits necessary to <br />initiate and complete the construction of the Development <br />in accordance with the Plan shall' not be in any manner <br />denied, delayed or conditioned due to any impact identi- <br />fied in the traffic studies and/or the failure of the <br />City or the City of Orange to agree to or implement any <br />corrective measures identified in the. 'studies, provided <br />Developer has deposited funds as required by this <br />subsection. <br />(d) To secure its obligations hereunder, prior to the <br />issuance of a certificate of occupancy for the first <br />office building in Phase I of the Development, the <br />Developer shall deposit $750,000 with the City, to be <br />14 <br />