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<br />,I <br /> <br />7.B <br />Page 154 <br /> <br />applicable, Excess Costs (defined in Section 8.1), then, subject to the conditions set forth in <br />Sections 7.2 and 7.3, Developer shall fund Developer)s allocable share and Excess Costs by no <br />later than 120 days following the date Developer receives the City Notice, Within such 120-day <br />period, the Parties agree to execute a reimbursement agreement addressing payment of Excess <br />Costs, if applicable, related to the specific Priority All Zones Improvement that is the subject of <br />the City Notice, In no event shall City deliver a City Notice prior to the time that the Project has <br />received all required federal, state and local approvals, <br /> <br />For any All Zones Priority Improvement, City may require Developer to pay Excess <br />Costs only if City has not already collected such Excess Costs pursuant to this Agreement. The <br />City may give Developer notice to fund Developer's allocable share of additional Priority All <br />Zones Improvements only after Developer has been fully reimbursed for all previously-funded <br />All Zones Priority Improvements in accordance with Section 8. <br /> <br />If City elects to require Developer to manage and administer construction .'o[ any All <br />Zones Priority Improvement, Developer's obligation will be to commence the planning, design <br />and construction of such Improvement within 120 days following Developer's receipt of the City <br />Notice. <br /> <br />The Parties agree that the provisions of this Section 7.2 are not intended to and shall not <br />override the alternative method of compliance with respect to the All Zones Water Storage <br />Improvements set forth in Section 5 above. <br /> <br />7,3 City Funding for Blomauist Bridge. The City acknowledges that the sum of Five <br />Million Dollars ($5,000,000) has been set aside in a separate City fund dedicated for the <br />planning, design and construction of the Blomquist Bridge. If City elects to give Developer <br />notice of early construction of the Blomquist Bridge (i.e., prior to City's approval of the final <br />map that includes the 500th residential unit in the Project), such City funds shall be used to <br />finance the first costs of such Improvement, and Developer will be obligated to provide funds <br />only after the City funds have been fully expended, <br /> <br />8, Reimbursement of Excess Costs. <br /> <br />8.1 Reimbursement of Excess Costs, As used in this Plan, "Excess Costs" means <br />those costs for Zone B, Zone AB and All Zones Improvements incurred by Developer in excess <br />of the Project's allocable share as set forth in Attachment 2. In any case, where City requires <br />Developer to fund the planning, design or construction of Improvements in excess of the <br />Project's allocable share, City shall reimburse Developer for Developer's Excess Costs together <br />with the additional sums described in Section 8, Attachment 2 sets forth the estimated cost of <br />each Zone B, Zone AB, and All Zones Improvement. <br /> <br />8,2 Management and Administration Fee. If City requires Developer to manage and <br />administer any of the Zone B, Zone AB or All Zones Improvements, then the total cost of such <br />Improvements shall include a management and administrative fee (HManagement and <br />Administration Fee") payable to Developer equal to fifteen percent (15%) of the third-party <br />costs Developer incurs in connection with the planning, design and construction of such <br /> <br />A TTY/AGRJ2008.011 EXHIBIT D <br />022708 <br /> <br />4 <br />