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amount not to exceed One Dollar ($1,00) per Gross Square Foot, provided that in no event shall Owner's payment of the total amount of the Traffic Mitigation Fee, Corridor Assessment District Fees, Citywide or Areawide Traffic Impact Fees, or a combination of such fees exceed Three Dollars ($3,00) per Gross Square Foot. Owner reserves all its rights under the Mitigation Fee Act and all other State laws, if any, including, but not limited to the right to protest the adoption of Citywide or Areawide Traffic Impact Fees. Owner covenants and agrees that it will not in any way oppose the formation of the Corridor Assessment District provided that the date the City forms the Corridor Assessment District (the "Corridor Assessment District Formation Date") occurs within three (3) years of the Effective Date. Section 3.02 Calculation of Corridor Assessment District Fees and/or Citywide or Areawide Traffic Impact Fees Payment. Owner shall pay the Corridor Assessment District Fees and/or Citywide or Areawide Traffic Impact Fees at a rate not to exceed one Dollar ($1.00) per Gross Square Foot as set forth in Section 3.01, in accordance with the relevant terms and conditions of the Corridor Assessment District Fee Program and/or the Citywide or Areawide Traffic Impact Fee Program (the "Corridor Assessment District Fees and/or Citywide or Areawide Traffic Impact Fees Payment"). Section 3.03 Corridor Assessment District Fees or Citywide or Areawide Traffic Impact Fees Reimbursement. In the event City adopts Corridor Assessment District Fees and/or Citywide or Areawide Traffic Impact Fees within three (3) years from the Effective Date, and such fees are less than the Traffic Mitigation Fee, the Owner's Traffic Mitigation Fee Payment set forth in Section 2 shall be reduced/credited in an amount equal to the difference between Owner's Traffic Mitigation Fee and the Corridor Assessment District Fees and/or the Citywide or Areawide Traffic Impact Fees but not to exceed the sum of Fifty Cents ($0.50) per Gross Square Foot. In the event Owner has paid the Traffic Mitigation Fee Payment, and City later adopts the Corridor Assessment District Fees and/or the Citywide or Areawide Traffic Impact Fees, City shall refund Owner, subject to receipt of funds from the Corridor Assessment District and/or Citywide . or Areawide Traffic Impact Fee Program, for the incremental difference between the Traffic Mitigation Fee Payment and the Corridor Assessment District Fee Payment and/or the Citywide or Areawide Traffic Impact Fee Payment in an amount not to exceed Fifty Cents ($0.50) per Gross Square Foot. City shall pay Owner such refund within thirty (30) days of City's receipt of any Corridor Assessment District Fees or Citywide or Areawide Traffic Impact Fees funds, or portion thereof, until such total funds have been collected and paid. Section 3.04 Timing of Payment of Corridor Assessment District Fees or Citywide or Areawide Traffic Impact Fees. Owner shall pay the Corridor Assessment District Fees and/or Citywide or Areawide Traffic Impact Fees, if such fees are greater than Owner's Traffic Mitigation Fee Payment in accordance with the relevant terms and conditions of the Corridor Assessment District Fees and/or the Citywide or Areawide Traffic Impact Fees that would apply to other property owners and/or developers subject to such fees. we-170 I 0 5