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<br />accordance with the relevant terms and conditions of any and all Funding <br /> <br />Programs. <br /> <br />Section 3.03 Roadway Assessment District Fees Reimbursement. In <br /> <br />the event City adopts a Funding Program or Funding Programs within three (3) <br /> <br />years from the Effective Date of this Agreement, and the Funding Program Fees <br /> <br />applicable to the Project are less than the Traffic Mitigation Fee, Owner's Traffic <br /> <br />Mitigation Fee payment set forth in Section 2 shall be reduced/credited in an <br /> <br />amount equal to the difference between Owner's Traffic Mitigation Fee and the <br /> <br />Funding Programs Fees. In the event Owner has paid the Traffic Mitigation Fee, <br /> <br />and City in the time frame above referred adopts Funding Programs applicable to <br /> <br />the Project, City shall refund Owner, subject to receipt of funds from the Funding <br /> <br />Programs, the incremental difference between the Traffic Mitigation Fee and the <br /> <br />Funding Program Fees. City shall pay Owner such refund within thirty (30) days <br /> <br />of City's receipt of any Funding Program Fees, or portion thereof, until such total <br /> <br />funds have been collected and paid. No interest shall be due or payable by City <br /> <br />to Owner on any amount to be reimbursed by City to Owner. <br /> <br />Section 3.04 Timing of Payment of Roadway Assessment District <br /> <br />Fees or Citywide or Areawide Traffic Impact Fees. If the Funding Program <br /> <br />Fees are greater than Owner's Traffic Mitigation Fee, Owner shall pay the <br /> <br />difference, subject to the limitations of Section 3.01, between the Funding <br /> <br />Program Fees and the Owner's Traffic Mitigation Fee in accordance with the <br /> <br />Agmt-165 <br />f/sh/sh/RC/Council <br />FXS:rg <br />07/01/98; 07/17/98R107/22/98 <br /> <br />8 <br />