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7C Page 232 construction of the public faciIities and public improvements necessary for development of the Property and the Project. Z.n any case where City requires or pernnits Developer to plan, design, consti-uct or fund the plaru�ing, design or coilstructaon of public facilities or improvements and either(i) Developer's costs are in excess of those required to be incurred by Developer as specif ed in the Tnfrastructure and Financing Plan a�id/or a reimbursement agreement, or(ii) City reasonably determines that Developer was required to incur costs in connection with such facilities or improvements in excess of those required for developznent of the Project and the Property (collectively, "Excess Costs"), City sliall use best eftorts to require that all other property ow�ners benefited by tl�e improvemeilts shall reimburse Developer(through agreements, conditions of approval or otherwise) for such praperty owner's proportionate shaxe of such Excess Costs, as d.etermined in accord.ance with the infrastructure and Financing Plan, a reimbursement ab eement, or oiherwise by City. ARTiCLE 2: UTILITIES 2.1 Utility Service in Genera] The City will not unreasonably wzthhold or condition provision of a��y municipal utility service which it cnstomarily provides, or act to discrizx�inate against the Project or the Property with respect to such utilities. In connection therewith, asstuning that the City provides such services, the Developer shaiI pay for all on-site and off-site improvernents required, consistent with this Agreement and the Precise Pl.an, and pursuant to Project App�-ovals. ARTICLE 3: TRANSFERS AND ASSIGNMENTS; AGREEMENT RUNS WITH THE LAND 3.1 Release IJpon Transfer and Assumption by Transferee. Upon th.e sale or transfer of the Property, or a porti.on.of the Property, Developer sh.all be released from its obligations under this Ag�-eement with respect to the Pro�e:?y, ar partion ttlereof sa haslsferred, arising subsequeni to the effective date af such transfer provided that either: (a} the transferee demonstrates to the reasonable satisfaction of the City that it is a legal entity controlled by or under common control with the Developer, or(b) the trausferee demonstrates to the reasonable satisfaction of the City that arrangements have been made to assure the completion of a11 ui�performed obligations of Developer under this Agreemeut, ii�cluding those obligations, if a»y, which are not obligations solely of the transferee, and in either case(i)Developer is not then in default under tlizs Agreement, (ii)the tra��sferee dcmonstrates to the reasonable satisfaction of the City that it has sufficient financial resources a�1d development experience to complete the Developer's obligations for which it vvill become responsible and(iii) the transfe.ree executes and delivers to City a written agreemeilt in farm acceptahle to the City Cornmunity Deve;opment Director in which tl�e i�ame and address of the transferee is set forlh, and tl�e transFeree expressly and unconditionally assumes all of the ►ozssa3-s 1 l. DRAFT 12/12/07 3:00 PlVI