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' �� • l •l • i• •t. <br />Prior to the commencement of construction of the Improvements, the <br />Developer shall deliver to the Agency copies of any labor and material bonds, and <br />performance bonds which may be required by Developer's lenders, which bonds shall <br />be issued by a reputable insurance company licensed to do business in California. <br />Such bonds shall name the Agency as co -obligee. <br />4.10 Implementation of Mitigation Measures. <br />In carrying out the construction of the Improvements, it shall be the sole <br />responsibility of the Developer to implement all reasonable mitigation and <br />monitoring measures required by the Agency or the City of San Leandro pursuant to <br />the California Environmental Quality Act. <br />4.11 Demolition of Buildings on 1066-1072 Marina Boulevard. <br />Developer shall demolish, or cause to be demolished, the buildings located on <br />1066-1072 Marina Boulevard subsequent to the close of escrow, unless Agency <br />permits prior demolition. <br />Article Five: TAXABLE SALES AGREEMENT <br />5.01 Annual Sales Defined. <br />"Annual Sales" shall be defined as taxable sales of new and used automobiles, <br />leases, and service on the Property and on Developer's other automobile dealerships <br />on Marina Boulevard in San Leandro (exclusive of sales related to brokered and <br />manufacturer -direct vehicle leases, but including vehicle lease sales written and <br />maintained in the City of San Leandro which shall be counted toward the minimum <br />annual sales threshold) each calendar year. <br />5.02 Covenant To Generate Twenty Million Dollars In Annual Sales. <br />Subject only to the limitation set forth in Section 5.03 of this Part relating to <br />the generation of sales by Developer, Developer agrees for Agency's benefit, <br />commencing upon its occupancy and use of the Property (estimated as on or about <br />January 1, 1997) to generate on the Property and on Developer's other automobile <br />Disposition and Development Page 15 of 39 <br />Agreement (Automall) <br />10/2/96 <br />