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shall be held in abeyance, and the Agency and the Developer shall confer in good faith in an effort to achieve the purposes of this Agreement in another manner, (j) Section 405,. Section 405 of the DDA is hereby amended to add the following paragraph at the end thereof: "In the event one or more Acquisition Parcels are not immediately acquired, pursuant to the provisions of Section 304, the Developer shall not be 'obligated to reconvey or cancel those portions of the Deed of Trust and the Promissory Note which relate to such Acquisition Parcels, and the parties shall execute such documents as are necessary to evidence the remaining balance of the Promissory Note, provided that such remaining balance shall be payable solely out of any proceeds received by the Agency from the sale of such Acquisition Parcel (if the Agency first obtains title), or from Sales and Use Taxes and Tax Increment received by the Agency from such parcel." (k) Section 501. The second paragraph of Section 501 of the DDA is hereby deleted in its entirety and replaced by the following paragraph: "At the time Developer claims to have complied with the conditions established by this Agreement for the issuance of the Certificate of Completion pursuant to section 520 of this Agreement (the "Compliance Date"), Developer shall have developed the commercial component of the Project as a mixed use retail center in which a Safeway store is an anchor tenant, and shall hold executed leases for at least two quality restaurants, with a combined area of not less than 10,000 square feet and with combined tenant improvements for both such restaurants estimated to be not less than $850,000; and within one (1) year of the Compliance Date, the Developer shall hold an executed lease for a bookstore of not less than 2,500 square feet, consistent in nature and operation with the rest of the Project. By agreeing to the foregoing provisions, Developer makes no warranty or representation that the three tenants described herein, or any of them, will remain open for business and viable for any specific time period, but rather Developer agrees only to use its best efforts to cause said three tenants to be part of the Project tenant mix as of the dates described above. In the event any one of said three tenants has not executed a lease that is operative on the applicable date as described above, the parties agree that the fifteen (15) year period set forth in the first paragraph of Sections 804 and 804.5 shall be reduced to twelve (12) years, and the above requirement of two restaurants and a bookstore shall be deemed terminated." 8 6407L