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�, <br /> Performance Bond consistent with City requirements. The costs set forth in items(a)through(fl <br /> above, including City permit and bond costs, shall constitute the "Project Budget Costs" and is <br /> subject to reimbursement in accordance with the provisions set forth below. <br /> Section 4. Covered Pnblic Benefit Improvements Costs <br /> 41 The Developer shall contract for the performance and construction of the Public <br /> Benefit Impmvements,and all Project Budget Costs related to the performance and conshvction <br /> of the Public BeneSt Impr�nvements as set forth in Section 3 shall be initially borne by �e <br /> Developer, except as specified in Section 4.3 below. The City shall reimburse the Developer <br /> &om the Public Benefit Contribution paid by Developer for the Project Budget Costs incurned by <br /> the Developer for such Public Benefit Improvements in accordance with the procedure set forth <br /> in Section 5 below. <br /> 4.2 Any amount of the Public Benefit Contribution that is not�pended to pay for the <br /> Public BeneSt Improvements shall be retained by the City to pay costs for the design, <br /> construction and installation of other public improvements to be canstructed in conjunction with <br /> the development of the City's other property located adjacent to or in the vicinity of the Site. <br /> 4.3 Developer shall not be responsible for increased costs beyond those set forth in <br /> the Project Budget Costs that may arise for items made at the direction of the City (such as <br /> design changes or change orders) ("City Change Orders") or for the following costs that may <br /> arise and are beyond die reasonable control of the Developer: <br /> a. Increased cost associated with the environmental candition of the North Plaza <br /> Property, including potential environmental remediation costs far soil off haul or <br /> removal of potential underground tanks; <br /> b. Increased cost due to the discovery of archeologically or historically significant <br /> remains. <br /> Items (a)and(b) above shall be referred to as"Unanticipated Canditions." For purposes of this <br /> Agreement, any costs incumed to address such City Change Orders and/or Unanticipated <br /> Condition(s)at the North Plaza Property shall be the�clusive responsibility of the City(it being <br /> acknowledged that City may seek reimbursement from other third party entities). <br /> 4.4 In the event any of the above Unanticipated Conditions are encountered at the <br /> North Plaza Property, Developer shall pmmptly notify the City. City and Developer shall work <br /> together prompdy and cooperatively in good faith to address the Unanticipated Conditions, any <br /> corresponding modifications to the Public Benefit Improvements, impacts to the construction <br /> schedule, and to identify the increased costs associated with the additional work to address the <br /> Unanticipated Conditions. At City's sole and exclusive election, the City may apply the <br /> unbudgeted remainder of the Public Benefit Contribution(the portion not allocated in the Project <br /> Budget Costs)to any City costs incurred as a result of the Unanticipated Condition. In the event <br /> the Unanticipated Condition causes the cost to construct and complete the Public Benefit <br /> Improvements to exceed the Public Benefit Contribution,such costs shall be the responsibility of <br /> REV:06-11-15 VR Page 3 of 8 <br /> ATTY/AGR.2015.118/RWC PARTNERS IMPLEMENTATION AGR TO BLOCK 2 DDA PUBLIC BENEFIT <br /> IMPROVEMENTS <br />