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