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JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R the assistance or intervention of the Agency. The Agency understands that the owner of these parcels has elected to so negotiate with the Developer in the exercise of such owner's participation rights under the Community Redevelopment Law. The Developer understands and agrees that the acquisition by the Developer of a leasehold interest or fee interest in these parcels sufficient for the financing and development of the Project is an express condition of the Developer's right to develop the Project. §204 Parcel D Parcel D is owned by the Department of Transportation of the State of California (Caltrans). The Developer will use its best efforts to acquire from Caltrans, by direct negotiations with Caltrans, or pursuant to the agreement between the Developer and Sam Trans to which reference is made in Section 205, a leasehold interest or fee interest in this Parcel D sufficient for the financing and development of the Project. §205 Parcels C and C-1 Because Parcels C and C-1 occupy much of the area where the Parking Facility is to be constructed for use, in large part, by commuters, the responsibility for the acquisition of such parcels is expected to be assumed by SamTrans with the financial participation of the Developer under a separate agreement between SamTrans and the Developer. The Agency presently has no responsibility whatever for the acquisition of Parcels C and C-1, and the Developer understands and agrees that the acquisition by the Developer of a leasehold interest or fee interest in Parcels C and C-1 sufficient for the financing and development of the Project is an express condition of the Developer's right to develop the Project, as the Project presently is agreed upon. However, if the Agency in its reasonable discretion determines that through no fault or lack of effort on the part of the Developer, Parcels C and C-1 cannot be acquired pursuant to such agreement between the Developer and SamTrans, if any, the Agency will add Parcels C and C-1 to the list of Acquisition Parcels described in Section 206, upon condition that the Developer make an appropriate increase in the amount of the Letter of Credit (or Cash Deposit). §206 Acquisition Parcels In addition to the separate parcels covered under Sections 202, 203, 204 and 205 above, there are nine other parcels that comprise the Project Site, bearing the letter designations and Preliminary Report numbers that follow: Letter Designations A--------------- B--------------- F--------------- Preliminary Report Numbers 4 PR 334976 PR 334974 PR 334971