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90. <br /> <br />(3) <br /> <br />Prior to the issuance of a building permit for any building in Phase II of the <br />Development, the Developer agrees to deposit with the City an additional <br />$50,000, to be used by the City for an additional traffic study or studies by City <br />staff or by a traffic consultant or consultants selected by the City, which study <br />will identify additional traffic impacts in the Neighborhoods, if any, attributable <br />to development occurring during Phase Il of the Development. <br /> <br />If any traffic study done pursuant to paragraphs (2) or (3) identifies traffic intrusion <br />into the Neighborhoods attributable to the Development, the study shall also develop <br />suitable mitigation measures which could alleviate the identified adverse traffic impacts <br />in the Neighborhoods. With regard to any such traffic study, Developer shall be <br />provided the opportunity to review and comment on the findings and recommendations <br />contained within it prior to any determination by the City to implement those findings <br />and recommendations. <br /> <br />Timing of Implementation/Verification <br /> <br />Prior to issuance of Phase <br />building permit <br /> <br />Method of Verification <br /> <br />Specified traffic report <br /> <br />Responsible Parties <br /> <br />Engineering Services Manager, <br />Development Engineering <br />Division, City of Santa Ana <br /> <br />The applicant agrees to contribute a maximum total amonnt of $750,000 for the <br />implementation, construction, and/or completion of the traffic stody or studies <br />identified in Mitigation Measure 88, subject to the following terms and conditions as <br />set forth in Section 10(d) of the Development Agreement, and described below: <br /> <br />Prior to tile issuance of a certificate of occupancy for the first office building in <br />Phase I of the developlnent, the applicant shall deposit $100,000 (as part of tile <br />required $750,000 commitment for the cost of mitigation measures) with the City, <br />to be used solely to fund mitigation measures for physical improvements in any <br />traffic study performed as part of Mitigation Measure 88. As stated in the <br />Development Agreement Section 10(d) and Mitigation Measure 88, the applicant <br />shall deposit with the City $20,000, to be used by the City for a traffic study or <br />studies by city staff or by a traffic consultant or consultants selected by the City, <br />which study or studies will create an "existing conditions database" describing <br />traffic conditions existing prior to the project and $50,000, to be used by the City <br />for an additional traffic study or studies by City staff or by a traffic consultant or <br />consultants selected by the City, which study or studies will identify traffic <br />impacts in the Neighborhoods, if any, attributable to Phase I of the development. <br />Finally, as stipulated in the Development Agreement, the applicant shall also <br />deposit with the City an additional $50,000, to be used by the City for an <br />additional traffic study or studies by City staff or by a traffic consnltant or <br />consultants selected by the City, which study will identify additional traffic <br />impacts in the Neighborhoods, if any, attribntable to development occurring <br />during Phase Il of the development. <br /> <br />Jkl3/S:11340001 MM A-40 <br /> <br /> <br />