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12. Vested Right The Parties agree that the list of Improvements is intended to address the <br />public infrastructure needs of the Revised Project and the Hotel and community- serving retail <br />space described in the Precise Plan, and that City shall not require Developer or the <br />developer(s) of the Hotel and community- serving retail space to pay for any additional public <br />infrastructure improvements that serve both the Revised Project and surrounding areas, unless <br />Developer seeks to modify or expand the scope of the Revised Project or otherwise seeks to <br />develop additional property within the Precise Plan beyond the development comprising the <br />Revised Project and the Hotel and community- serving retail space described in the Precise Plan. <br />13. Incorporation of Attachments Attachment A is hereby incorporated by reference into this <br />Amended Plan. <br />S:ATTY /AG R/2010.111/EXH I BIT3 <br />9/28/10 8 <br />