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3. "Zone AB" Improvements. <br />Neither Developer nor the developer(s) of the Hotel or the community- serving retail <br />space described in the Precise Plan shall have responsibility to construct the Improvements <br />described as Zone AB Improvements in Exhibit D of the Original Agreement (the "Zone AB <br />Improvements ") including, but not limited to, the sanitary lift station described as AB -SSPS <br />Sanitary Sewer Pump Station in such Exhibit. <br />4. "All Zones" Improvements. <br />The Parties acknowledge that there is a benefit to multiple zones associated with certain <br />of the Improvements (the "All Zones Improvements ") and that the Developer and other <br />property owners will be required to participate in financing development of such All Zones <br />Improvements on a fair and ratable share basis. The Developer shall be responsible for <br />providing its allocated share of funding for only the All Zones Improvements listed below and as <br />further described herein: <br />All Zones Improvements <br />R -W101 Potable Water Line Under Highway 101 <br />R- Bridge Blomquist Bridge (Includes Bridge, Bridge Approaches; R -Lift <br />Station Relocation; R- Underpass; Connections to the Outer <br />Esplanade and Bay Trail) <br />RWTank Potable Water Tank <br />RSW Pump Storm Water Pump Station <br />5. " All Zones Water Storage" Improvements. <br />Notwithstanding anything to the contrary set forth herein, the Parties hereby <br />acknowledge that those certain All Zones Improvements listed in this Section 5 (the "All Zones <br />Water Storage Improvements ") may be difficult to finance and difficult to coordinate among <br />multiple property owners. The All Zones Water Storage Improvements all relate to the <br />provision of water storage for the Revised Project. <br />All Zones Water Storage Improvements <br />RWTank Potable Water Tank <br />RWTankland Land for Potable Water Tank <br />The obligation of the Developer and the developer(s) of the Hotel and community - <br />serving retail space described in the Precise Plan with respect to the All Zones Water Storage <br />Improvements shall be limited to the payment of a ratable share of the costs of the All Zones <br />Water Storage Improvements in an amount equal to an aggregate maximum of $778,000 paid <br />S:ATTY /AG R/2010.111/EXH I BIT3 <br />9/28/10 5 <br />