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. , 7,8 Page 153 5. Wate! Storage Improvements, Notwithstanding anything to the contrary set forth herein, the Parties hereby acknowledge that those certain All Zones Improvements listed in this Section 5 (the "All Zones Water Storage Improvements") may be difficult to finance and difficult to coordinate among multiple property owners. The. All Zones Water Storage Improvements all relate to the provision of water storage for the Proj ect and for other proj ects in the zones depicted on Attachment 1. R -WBridge Waterline Under Bridge R-WBlomquist Potable Water Line from Seaport to Bridge RWTank Potable Water Tank RWTankland Land for Potable Water Tank If Developer has, with the full knowledge and cooperation of the City, utiliz~9. commercially reasonable efforts for a period of at least six (6) months, to coordinate participation in the All Zones Water Storage Improvements among the All Zones property owners, but without success, then as an alternative to Developer's participation in the All Zones Water Storage Improvements, Developer's obligation shall be limited to construction of only that quantity of emergency water storage required for the Project on land which Developer owns or on which Developer has acquired rights for such purpose. 6. Phasing for All Zones Imurovements, The All Zones Improvements will be I constructed In accordance with the phasing schedule set forth in Attachment 3, The Parties agree that subject to Section 7. Developer shall have no obligation to construct or contribute to the funding of the Blomquist Bridge prior to City's approval of the final map that includes the 500th residential unit in the Project. 7. Earlv Construction of Certain All Zones Improvements, 7.1 Priority All Zones Improvements. The Parties acknowledge that City may requlre the following three All Zones Improvements (the uPriority All Zones Improvements") to be plarmed, designed and constructed prior to the time specified in the phasing schedule set forth in Attachment 3. As of the Effective Date, the City's order of priority for construction of the "Priority All Zones Improvements" is as follows: Priority 1 2 3 Improvement R-Bridge RW Tank and RW Tankland R -Underpass Blomquist Bridge Water Tank and Water Tank Land Highway 101 Pedestrian Underpass 7.2 DeveloDer'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 Developer notice ("City Notice") to fund Developer's allocable share (in accordance with Attachment 2) and if A TTY/AGR/2008.013 EXHIBIT D 022708 3