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7C Page 256 11. Financin�„Sources. City and Developer agree to use best efforts to pursue state, federal and local sources of funds to assist in f nancing the "All Zones," "Zone B"and"Zone AB"Improvements which if funded solely by Developer w�uld result in Excess Costs to Developer(as defined in Section 8_1}, Without limiting the generality of the foregoing, City and Developer ag�ree to cooperate in efforts to obtain finan.cing through the Statewide Communities Infrastructure Pragram ("SCII'"), the California lnfrastructure and Economic Development Bank, and other sources. In addition, City may pursue the establishment of a Cominunity Facilities District and.the issuance of bonds in cotlnection therewith. In addition to#he foregoing, City shall require all ather property owners benefited by the "AIl Zones,""Zone B"or"Zone AB"Irnprovements to pay such.property owner's allocable share as set forth in Attachmeni 2 andlor require such other property owners to participate i�any financing mechanism ap�ro��ed by the City, as determined in accordance with this Plan and related studies. City will requzre each property owner to make such payments by no later than the time each property owner obtains building permits for construction of improvements on such owner's property. 12. Ri�ht-of WaY Acquisition. The Parties agree that Developer shall have no obligation to acquire rigl�t-of-way for any Improveme�3ts, and that acquisiti.on of aa�y requ.ired right-of.-way shall be City's responsibility. If City is unable to acquire applicable right-of-way by the date when construction of an Imp.rovement must cammence(pursuant to the phasing plan set forth in Attachment 3), then Developer may proceed witll the Project anly after Developer depasits with City Developer's allocable share of the cost of s�ich Irnprovement(as shown on Attachment 2). 13. Development Impact Fees. The Developer shall pay to City the impact fees listed for the purposes described in Attachment 4 (the "Development Impact Fees"}. The Developrnent Impact�'ees shall be due and payable at the time of the issuance of building permits for the applicabie phase of the Project for which building permits are issued, and at the ratcs in effeci at that time. The amounts of the Development Impact Fees shown on Attachme�zt 4 are for illustrative purposes anly, as of the Effective Date of the Agreement, and are not i.r�tended to represent ihe actual Development I�npact Fees that Developer would be reqttire�to pay during the Term of the�greement." 1.4. Off-Site Iniprovement Costs. So lo��g as Developer pays its full share of costs for off-site improvements attributable to a particular phase of a Project at the tizr�e that Developer obtains building permits for the construction of such phase, City agrees that Developer's allocable sh.are of the costs for such of..f.-si.te improvements shall not be increased. Developer's estimated. allocable share of sueh casts is showll in Attacl7inent 2 to this Infrastructure and Fina�icing Plan, as such costs and allocations may be amended subject to the terms and conditions of this Agreement and ihis I�Zfrastructure and Fi.nanci�g PIan. 15. Vested Rights. The parlies agree that the list of Public 1:n£rastructure Improvements is intended to address the public infrastructure needs of the Projeet, and that City shall not require 1026609-8 6 12-12-07 4:00 PM I Ob0930v4 33786/0012