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mesne conveyance through the Agency, on the earlier of the date specified therefore in the Schedule of Performance or the date on which the Agency acquires title to or an Order of Immediate Possession for at least six (6) of the Acquisition Parcels, subject to such hearing requirements as may apply. Prior to such conveyance to the Developer, the City shall permit Developer to enter onto and improve either or both of such parcels." (c) Section 301. Section 301 of the DDA is hereby amended to add the following language at the end thereof: "Any offer made by the Agency to acquire Acquisition Parcels A, K and I, as identified in Section 206 above (each hereinafter referred to as a "Contaminated Parcel"), shall contain and be subject to a condition in substantially the form set forth in Attachment No. 10 attached hereto and incorporated herein. The Agency agrees to terminate any such purchase offer pursuant to the above-described condition if directed to do so by the Developer." (d) Section 302. Section 302 of the DDA is hereby amended to read in its entirety as follows: "§302 Method of Financing Acauisition. This Agreement constitutes, in part, a financing plan for the acquisition of the Acquisition Parcels by the Agency, utilizing a combination of advances and future loans from the Developer, and future contributions by the Agency and the City of Tax Increment and Sales and Use Taxes received by the Agency and the City from the Project as ultimately developed by the Developer; accordingly, this Agreement constitutes a contract, obligation and evidence of indebtedness within the meaning of Section 53511 of the California Government•Code. The financing plan is more specifically set forth in the following sections of this Agreement." (e) Section 304. The parties acknowledge that the Agency has drawn the amount of $97,564.52 from the Good Faith Deposit delivered pursuant to Section 901 hereof, and has utilized such funds for the payment of Acquisition Costs. In recognition of the withdrawal, the initial amount of the Letter of Credit (or Cash Deposit) required to be delivered by the Developer shall be reduced by such amount, to a principal amount of $4,202,435.48, less any further amounts as may be withdrawn from the Good Faith Deposit prior to delivery of such Letter of Credit (or Cash Deposit). All references in the DDA to the amount of the Letter of Credit (or Cash Deposit) shall be deemed to refer to such amount as reduced pursuant to the foregoing provision. 3 6407L