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<br />,\.Pi..4 <br /> <br />Agreement"). in which provision is made for the construction, operation and sharing of costs <br /> <br />with respect to Storm Drainage Joint Facilities as defined therein. <br /> <br />c. <br /> <br />Both the Development Agreement and the conditions of approval of the Map <br /> <br />require an agreement between City and Pacific Shores. or equivalent mechanism, to provide for <br /> <br />cost sharing of operation and maintenance of the Storm Drainage Joint Facilities, and the <br /> <br />purpose of this Agreement is to fulfill that requirement. <br /> <br />D. <br /> <br />The Stann Drainage Joint Facilities are designed to serve the Property and <br /> <br />property of City consisûng of public rightS of way ("City Property"), all as shown on those <br /> <br />Improvements Plans for Seaport Boulevard, Improvements Plans for Frontage Road and <br /> <br />improvements Plans for Pacillc Shores Center being approved by City in conjunction with its <br /> <br />approval of the Map (the "Improvements Plans"). <br /> <br />As provided in the Development Agreement and the conditions of approval of the <br />Map, City shall operate and maintain the Storm Drainage Joint Facilities, and nothing herein <br /> <br />E. <br /> <br />shall be deemed to modify that Agreement. <br /> <br />Now, THEREFORE, the panies hereby agree that the cost of operation and maintenance of <br /> <br />the Storm Drainage Joint Facilities shall be as provided below. <br /> <br />1. <br /> <br />Until and unless the Stann Drainage Joint Facilities serve any property other than <br /> <br />the Property and the City Property, the costs of operation and maintenance of the Storm Drainage <br /> <br />Joint Facilities shall be allocated 53 percent to City and 47 percent to Pacific Shores. <br /> <br />2. <br /> <br />In the event that any other property is allowed by City to be served by the Storm <br /> <br />Drainage Joint Facilities, City and Pacific Shores shall amend this Agreement in order to <br /> <br />F~'lA~"-lP\CMlb0d08 A'-,DUo< <br /> <br />-2- <br /> <br />l16li_101:12:4."'" <br />