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Agreement"), in which provision is made for the construction, operation and sharing of costs with respect to Storm Drainage Joint Facilities as defined therein. C. Both the Development Agreement and the conditions of approval of the Map require an agreement between City and Pacific Shores, or equivalent mechanism, to provide for cost sharing of operation and maialenanee of the Storm Drainage Joint Facilities, and the purpose of this Agreement is to fulfill that requirement. D. The Storm Drainage Joint Facilities are designed la serve the Property and property of City consisting of public rights of way ("City Property"), all as shown on those Improvements Plans for Seaport Boulevard, Improvements Plans for Frontage Road and Improvements Plans for Pacific Shores Center being approved by City in conjunction with its approval of the Map (the "Improvements Plans"). E. As provided in the Development Agreement and the conditions of approval of the Map, Ciiy shall operate and maintain the Storm Drainage Joim Facilities, ~ nothing herein shall be deemed to modify that Agreement. NOW, THEREFORE, the panics hereby agree that the cost of operation and maintenance of the Storm Drainage Joint Facilities shall be as provided below. 1. Until and unless the Slann Drainage Joint Facilities serve any property other than the Property and the City Property, the costs of operation and malnte,,~,,~,,-~ of the St,,~,, Drainage Joim Facilities shall be allocated 53 percent, to City and 47 percent to Pacific Shores. 2. In the event that a~ay other property is allowed by City to be served by the Storm Drainage Joint Facilities, City and Pacific Shores shall araend this Algreement in order to 07/21/2000 00: 55¢~ fig Page: 2 of 7