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JAH:djm 03/06/90R (REDEV) <br />JAH:djm 03/19/90R <br />JAH:djm 04/04/90R <br />A. When the City shall have participated in the first such <br />sale, such right shall expire fifteen (15) years after the first <br />sale; and <br />B. Such right shall expire in any event not later than <br />January 17, 2028. <br />§806 Cost of Parking Facility <br />The Agency and the Developer expect that one or more other <br />public agencies, such as Caltrans or SamTrans or both, will make <br />a substantial contribution to the payment of the costs associated <br />with the design and construction of the Parking Facility to be <br />located on the Project Site. Negotiation of all issues related <br />to the Parking Facility is still under way, and therefore no <br />assurance can be given regarding the extent of such financial <br />participation. The parties agree, however, that neither the <br />Agency nor the City shall bear any responsibility under this <br />Agreement to participate financially in the design, construction <br />or operation of the Parking Facility. <br />§807 Costs Associated with Redwood Creek <br />Prior to construction of the Project, the amount of the <br />costs associated with the realignment, or placing in a culvert, <br />of the portion of the fork of Redwood Creek lying within the <br />Project Site will be determined and responsibility for the <br />payment thereof will be assumed by the Developer, SamTrans or <br />Caltrans, or a combination thereof. The Developer understands <br />and agrees, however, that (1) the development and financing of an <br />engineering solution that renders the flow of the waters of this <br />fork of Redwood Creek compatible with the Project is a condition <br />to the Agency's approval of the Project, and (2) neither the <br />Agency nor the City shall bear any responsibility under this <br />Agreement to participate financially in such solution. <br />§808 Replacement Dwelling Units <br />The Agency shall have the sole responsibility under Section <br />33413 of the Health and Safety Code, for the provision of any <br />replacement dwelling units destroyed or removed from the <br />low-income and moderate -income housing market by the construction <br />of the Project. <br />§809 Developer Leasing and Financial Reports <br />The Developer shall furnish the Agency the following <br />reports: <br />A: Leasing Report. Within 90 days after execution of this <br />Agreement, and quarterly thereafter, the Developer shall furnish <br />the Agency a leasing report showing, at a minimum, the total <br />leasable square footage of the Project, a list of all tenants and <br />the lease term, square footage and rate per square foot for each <br />tenant. <br />32 <br />