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. ~' (i) 25,548 Usable Squaze Feet of space to be used by the Transit District as adminis rative offices, ticket o~ces, passenger waiting rooms and other transit related uses or for le e by ~!. the Transit District to third parties and an undivided one half ownership interest in a h 'ng room as described in the Condominium Documents,; ~; (ii) a 66,824 gross squaze foot transit mall with weather protection elements design for t; the loading and unloading of passenger buses operated by the Transit District ("T ansit Mall"); and ' r; (iii) 40 pazking spaces. l ' . _, 1.46 "Unit Owner" means the County with respect to the Units comprising the County Fac 'ties, the Transit District with respect to any Units comprising the Transit Facilities, and any Private ~ Party f with respect to any Unit privately owned. ~ 1.50 "Usable Sqnare Feet" means the squax+e feet as deternuned pursuant to standards adopt by the Building Owners and Managers Association, generally equal to the gross measured less `! major vertical penetration, less building common areas, and less floor common azeas. SECTION 2. CONDITION PRECEDENT TO PROCEEDING WITH PROJECT; OWNE OF THE PROJECT I~P 2.1 Condition Precedent to Proce~ding with Projec~ ~ (i) It shall be a condition precedent to the obligations of the County to proceed wi the construction of the Project Improvements pursuant to this Agreement that the 1 west responsive bid sabmitted by a responsible bidder, after publicly solicited invitation for ealed ~ bids, providing for the construction of the Public Improvements for a firm, fized p e in accordance vinth the bid documents would . not cause the County's Respective Share f the Project Budget to exceed $24,100,000 (including c~+edit for receipt of fuads from the T sit f-, District for the sale of an nndivided ownership interest in the Property). ' (u) It shall be a condition precedent to the obligations of the Transit District to pr with the construction of the Project Improvements pursuant to this Agreement that the 1 west responsive bid submitted by a responsible bidder, after publicly solicited invitation for ed bids, providing for the construction. of the Public Improvements for a firm, fixed p" e in accordance with the bid documents would not cause the Transit District's Respective Sh of the Project Budget to exceed $9,860,000 (including expenditure of funds by the T sit District for the purchase of an undivided ownership interest in the Property). (iu) It shall be a condition precedent to the obligations of the Parties to proceed wi the construction of the Project improvements pursuant to this Agreement that tlie County d the ~ Transit District ea~ch secure the funds necessary to fmance their Respe,ctive Shaze f the Project Costs consistent with the terms of this Agreement, as follows: y (1) on or befare Febnuuy 1, 1999, the County determines that~it will be able to ure ~, financing with annual payments of principal and interest amortized over 25 y s in an aznount not exceeding $1,580,000 per year; or (2) on or before February 1, 1999, the Transit District determines that it will b ~ to secure financing in an amount that, when added to other Transit District available for such purpose, will be sufficient to fund the Transit District's Resp Shaze of the Project Costs. ~ able ve Courthouse Square Development Agreement Page - 7