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7C Page 254 Pn•oritv Irnproveinent 1 R-Bridge Blomquist Brid.ge 2 RW Tank and RW Tankland Water Ta��lc and Water Tank Lan�i 3 R-Underpass Highway 101 Pedestrian Underpass 7.2 Developer's Obligations. Subject to the last paragraph of this Section 7.2, with respect to any of the Priority All Zones Improvements, if City gives D�veloper notice{��City Notice"}to fu.nd Developer's allocable share (in accordance with Attachment_2_) and if applicable, Excess Costs(defined in Section 8.1), then, subject to tl�e conditions set forth in Sections 7.2 and 7.3, Developer shall fiind Deyeloper's allocable share and Excess Costs by no later thail 120 days following the date Developer receives the City Notice. Within such 120-day periad, the Parties agree to execute a reimbursement agreement addressing paym.ent of Excess Costs, if applicable, related to the specific Priority A11 Zones Improvement tlaat is the subject of the City Notice. In no event shall City deliver a City Notice prior to the ti�ne that the Project has received aIl required federal, state and local approvals. For any All Zones Priority Im.provement, Ci.ty may require Developer to pay Excess Costs oraIy if City l�zas nat already collected such Excess Casts pursuant to this Agreement. T'11e City may give Developer notice to fund Developer's allocable share of additional Priority All Zones I�nprovements only after Developer has been fuiiy reimbursed for all previously-funded All Zones Priority Improvements in accordance with. Section 8. If City elects to require Developer to manage and administer construction of any All Zones Pi�iority Improvei�ent, Developer's obligation will be to commence the planning, design and construction of such Improvement within 120 days following Developer's receipt of the City Notice. The Parties agee that the provisions of this Secti.on 7.2 are not intended to ai�d shall not override the alternative method of complia��ce with respect to the All Zones Water Storage Improvements set forth in Section S abave. 7.3 Citv Fundin� for Blomquist Brid�e. The City acknowledges that tlie si�m of Five Million Dollars (�S,OOO,Q00)has been set aside in a separaie Ciry fund dedicated for the plannin�, design and construction of tlie Blomquist Bridge. If City elects to give Developer notice of early construction of the Blomquist Bridge (i.e.,prior to City's approval of the final map tilat includes the 500`�'resadentia�unit iza the Project), such C�ty funds shall k�e used tv finance the first costs of such Improvement, and Developer will be obligated to pravide funds only after tl�e City funds have been fully expended. 8. Reianbi.�rsement of Excess Costs. 8.I Reimbursement of Excess Costs. As used in fh�is Plan, "Excess Costs"�nean.s those costs for Zone B, Zone AB and All Zones Im.provements i3lcuz�'ed by Deveioper in excess of tl�e Project's allocabI.e share as set forth in Attachment 2. In any case where City requires Developer to fund the planning, desi�n or construction of Irnprovements in excess of the 1026609-8 ,�, 12-12-0?4:60 PM I Ofi0930v4 33786/0012