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Fee"). The total amount of the Traffic Mitigation Fee for the Project is projected to be One Million Dollars and no/100 ($1,000,000.00) upon completion of construction of the Project. Owner's Traffic Mitigation Fee Payment shall be calculated as set forth hereinafter in Section 2.02. The Traffic Mitigation Fee includes improvements on Woodside Road required by Mitigation Measures 3-1 and 3-2 of the EIR, but does not include any of the Friendly Acres neighborhood traffic calming measures required by Mitigation Measures 3-3c or 3-3d(1) of the EIR. Said traffic calming measures shall be subject to a separate agreement and the payment of the sum of Fifty Thousand Dollars and no/100 ($50,000.00) by Owner upon issuance of the first Project Tenant Improvement Permit. Section 2.02 Calculation of Traffic Mitigation Fee Payment. Owner's Traffic Mitigation Fee Payment for each building within the Project shall be calculated as the total amount of Gross Square Footage of that particular building, as set forth in the Project Building Permit for the building (and as amended from time to time to reflect additions or deletions of Gross Square Footage during the time of construction of the Project), multiplied by the Traffic Mitigation Fee. in no event shall Owner's Traffic Mitigation Fee Payment exceed the Traffic Mitigation Fee. Section 2.03 Timing of Traffic Mitigation Fee Payment. Owner shall pay the Partial Traffic Mitigation Fee Payment on a prorata basis for each Project building upon issuance of a Project Tenant Improvement Permit for each of the buildings within the Project. Section 2.04 Relationship of Agreement to Mitigation Measures. This Agreement shall satisfy Owner's obligation to implement Mitigation Measures 3-1 and 3-2 in connection with the development of the Project, including the requirement therein for Owner to pay its "fair share" of traffic assessments ifa traffic assessment district is formed, subject to the terms and conditions set forth herein. SECTION 3. ASSESSMENT DISTRICT, CITYWIDE OR AREAWIDE TRAFFIC IMPACT FEE PROGRAM OR OTHER FUNDING PROGRAM. Section 3.01. Payment of Corridor Assessment District Fees or Citywide or Areawidc Traffic Impact Fees. In the event City adopts Corridor Assessment District Fees or a Citywide or Areawide Traffic Impact Fee Program to fund transportation improvements, Owner shall not be required to pay such Corridor Assessment District Fees or Citywide or Areawide Traffic Impact Fees. Section 3.02. No Further Traffic Impact Fees. Except as expressly provided for herein, Owner shall, upon payment of the Traffic Mitigation Fee Payment, have no further obligation to participate in, pay, contribute, or otherwise provide any other traffic impact fees imposed by City or contribute fees, assessments or taxes to other funding programs or mechanisms in connection with the Project. In the event Owner seeks any other approval, development permit, or entitlement from the City regarding the Project, city shall not subject AGMT-1024 4 10/24/97 10/28/97R 10/29/97R