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*% f <br />conditions and <br />in Center, specific covenants, <br />" including the property) . <br />final development of the Shopp g re aired <br />at the prig R's»~ on the "peripheral properties (• <br />CC& erinitted uses and minimum q <br />restrictions (the ect top Further, the CC&R's <br />the Shopping Center with resp invitee, <br />surrounding Dints of acce ~ g Ce~r by any tenant, <br />on-site parking, as well as limited p <br />Jude any parking within the Shopp occupying or otherwise associated <br />expressly prec erson using, visiting, <br />contractor, employee or other p <br />with the Property• ermitted use under the CC&R's, and <br />is currently not a p <br />b BART in connection with the deveeopment o t e <br />g, The BART Parking t forth in the <br />the curb-cuts onto SMR desired y <br />Parking are not in conformity With certain related restrictions <br />BART <br />CC&R's. ort for the BART Project. <br />F. Stoneridge and the City have indicated their supp Stoneridge <br />' ular sub' ect to BART's undertakings in the MOU re ermituse of the Property for <br />In partic J <br />is willing to modify, concurrently h dat the access to SMR desired in connection with the <br />the BART Parking and to accommo <br />has acknowledged in that MOU its <br />development of the Property. BART, in turn, <br />responsibility to participate in certain traffic mitigat nvenient accelss of patrons and others <br />improvements necessary to maintain the safe and co <br />to both the BART Project and the Shopping Center, and to fund certain improvements <br />and other costs, and to undertake certain other matters regarding the design and operation <br />of the BART Parking, in order to implement and enforce the general prohibition against <br />"spill-over" parking from the BART Project onto the Shopping Center. By way of <br />implementation of the foregoing, BART, Stoneridge and the City are concurrently <br />entering into a separate Memorandum of Understanding (the "MOU"). <br />G. The purpose of this SMOU is to supplement the MOU with BART and the <br />CC&R modification with respect to certain additional understandings of the parties <br />regarding the foregoing. <br />NOW, THEREFORE, the parties hereby agree as follows: <br />1. Stoneridge Area Traffic Improvements. Not later than the opening of the <br />BART Parking or the Office Building, whichever shall first occur, the City shall install <br />the following traffic improvements: (a) a four-way traffic signal at the intersection of <br />Embarcadero Court and SMR; and (b) those road-widening and related improvements at <br />the intersection of SMR and Stoneridge Drive, as more fully described on Exhibit A <br />attached hereto. <br />2. Office Building. The City shall require the Office Developer to comply <br />with all applicable land use ordinances and policies in connection with the development <br />of the Office Building, including on-site parking requirements (which shall continue to <br />-2- <br />