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services to the HDPE recycled water main, as shown in Exhibit B attached hereto and incorporated herein by reference; said portion consists of off -site future water capital facility related improvements ( "Marshall Street Eligible Improvements "). F. The Improvement Plans also provide for a new potable water main and services for the Project (collectively, "Maple Street Potable Water Improvements "). A portion of the Maple Street Potable Water Improvements consists of a replacement and relocation of the existing 10" outside diameter cast iron pipe with a new 10" outside diameter PVC pipe, as shown in Exhibit C attached hereto and incorporated herein by reference; said portion consists of off -site future water capital facility related improvements in addition to those required to construct the Project ( "Maple Street Eligible Improvements "). G . Together, the Marshall Street Eligible Improvements and Maple Street Eligible Improvements are known as the "FF Eligible Improvements ". For the avoidance of doubt, where used herein, Improvements shall be interpreted to include both "Marshall Street Recycled Water Improvements" and "Maple Street Potable Water Improvements ". H . Redwood City Code Chapter 38 (Water Systems Regulations), Article III (Connection Fees), Section 38.14 established a facilities fee "to provide for the use and construction of existing and future water system capital facilities in accordance with a capital improvement program duly approved by the City Council" ("Facilities Fee "). Developer is eligible for a credit against the Facilities Fee otherwise payable by Developer in connection with the Project for completing the FF Eligible Improvements. I. To summarize, the Initial Improvements and Ultimate Improvements, both defined in Recital D, are collectively referred to as the Improvements. The Marshall Street Recycled Water Improvements (which includes the Marshall Street Eligible Improvements) and the Maple Street Potable Water Improvements (which includes the Maple Street Eligible Improvements), all of which are defined in Recitals E and F, will occur with the Initial Improvements. The FF Eligible Improvements, defined in Recital G, consists of both the Marshall Street Eligible Improvements and Maple Street Eligible Improvements, and is intended to refer to those improvements eligible for a facilities fee credit as described in this Agreement. J. City and Developer desire to enter into this Agreement providing for the construction and installation of the Improvements in accordance with the Improvement Plans and the Conditions. AGREEMENT NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows: I. Purpose. The purpose of this Agreement is to guarantee completion of the Improvements and ensure satisfactory performance by Developer of Developer's obligations to satisfy the Conditions pertaining to the Improvements. 2. Property Subject to Agreement. The Property shall be subject to this Agreement. 3. Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed, installed and completed, at the Developer's sole cost and expense, the Improvements, in accordance with the Improvement Plans (defined in Recital D above) and to the satisfaction of the City Engineer, in his reasonable discretion. Developer will also supply all labor and materials therefor, all in REV: 08 -29 -18 PR Page 2 of 24 ATTY /AGR.2018.202 /Kaiser MOB2 - IA