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<br />S]) "Ll <br /> <br />thereon is higher than the Actual Cost. City shall, upon completion of the Sewer <br /> <br />Main Project, provide Owner with back-up documents for the Actual Cost. <br /> <br />(b) The Other Developments that the City expects will contribute to the <br /> <br />payment of Relocation Costs do not presently include the property known as the <br /> <br />"Sayuffi Property" (generally described on Exhibit "D" attached hereto; the <br /> <br />"Additional Development"). <br /> <br />If the City is able to require the owner of the <br /> <br />Additional Development to contribute toward the Relocation Costs prior to the <br /> <br />commencement of the work of improvement on the Sewer Main Project, Owner's <br /> <br />fair share for the Relocation Costs shall be recalculated and reduced, taking the <br /> <br />Additional Development into account, and Owner shall only be required to <br /> <br />contribute the reduced amount determined following the recalculation. If Owner <br /> <br />has deposited the Estimated Amount with City at the time of such recalculation of <br /> <br />Owner's required contribution, the difference between the Estimated Amount and <br /> <br />such recalculated amount (the "Difference"), plus interest earned on the <br /> <br />Difference, shall be promptly reimbursed to Owner. <br /> <br />The recalculated amount <br /> <br />shall then become the "Estimated Amount" for purposes of the calculations set <br /> <br />forth in Section 2.02(a), above. <br /> <br />(c) Notwithstanding anything to the contrary contained herein, if the City <br /> <br />adopts a Citywide Traffic Impact Fee or other Funding Program, Owner shall <br /> <br />have no obligation under this section 2.02 and any sums paid by Owner in <br /> <br />connection with the Relocation Costs (subject to the non reimbursable sums of <br /> <br />$285,880.00 or $385,880.00, as the case may be, described in this Agreement), <br /> <br />f/sh/sh/RC/council <br />AGMT-232 <br />02/08/00 <br />9:21 AM <br />FXS/fs/ <br /> <br />9 <br /> <br />.~""-"'. '-"'T <br />