ORIENT CORPORATION OF AMERICA, INC. (2)

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