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expense a landscaped traffic diverter (the "Diverter") and a Friendly Acres <br />Neighborhood sign (the "Sign") in the area of Broadway and Second Avenue. <br />The exact location shall be determined by the City. Construction of the Diverter <br />and the Sign shall be completed prior to the occupancy of Building E. No <br />occupancy permit of Building E shall be issued unless the installation of the Sign <br />has been completed. Owner agrees to spend Thirty-Five Thousand Dollars <br />($35,000) for the installation of the Diverter and the Sign. In the event the cost <br />exceeds $35,000, the excess cost will be funded, as mutually agreed to by City <br />and Owner, from the Additional Traffic Mitigation Fee. Owner and/or his <br />successor(s) convenants to maintain the Diverter and the Sign. This covenant <br />shall run with the land and shall be enforceable at law or in equity by the City. <br /> <br /> SECTION 4. NOTICES <br /> <br /> Section 4.01. Notices. All notices, requests, demands, and other <br />communications between City or Owner under this Amendment must be in <br />writing, and may be given either personally or by registered or certified mail, <br />return receipt requested. If given by registered or certified mail, such notice or <br />communication shall be deemed to have been given and received on the first to <br />occur of (i) actual receipt by any of the addressees designated below as the <br />10/27/98 <br /> <br />^gmt-177 5 <br />f~sh~sh\RC\Council <br />FXS:rg <br />08/10198 <br /> <br /> <br />