ORIENT CORPORATION OF AMERICA, INC. (2)

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