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may be inaccuraEe for many reasons, or the Traffic <br /> MizlganlOn Improvements Costs may increase after the date of <br /> this Agreement at a rate c~her than the Prime Rate. <br /> Developer shall be responsible for Developer's Percentage <br /> Share of the costs of the Traffic Mitigation Improvements <br /> identified in Exhibit D in excess of $954,750 ("Excess <br /> Traffic Mitigation Improvements Costs"), subject to the <br /> following limitations: <br /> <br /> (i) DeveiOper's Maximum Liability.. Deveioper's. <br /> maximum liability for Excess Traffic Mitigation. <br /> Improvements Costs shall be ten percent (10%) of <br /> Developer's Estimated Required Payment (i.e., 10% of <br /> $482,149 or $48,215); <br /> <br /> (ii) City's Obliqation. Any Excess Traffic <br /> Mitigation Improvements Costs beyond Developer's <br /> maximum liability therefor as aforesaid shall be paid <br /> by the City; and <br /> <br /> (iii) Reimbursement from COntributina Projects. <br /> The owner of each Contributing Project shall be <br /> required to pay to the City such Contributing Project's <br /> percentage share of the Excess Traffic Mitigation <br /> Improvements Costs paid by Developer, the City or any <br /> .other Contributing Project which has advanced Excess <br /> Traffic Mitigation Improvements Costs, together with <br /> interest at the Prime Rate from the date of payment by <br /> such person or entity to the date of reimbursement by <br /> the owner of the Contributing Project. Such payment <br /> shall be required concurrent with the payment by such <br /> Contributing Project of its percentage share of Traffic <br /> Mitigation Improvements Costs generally. Upon receipt <br /> of such payment toward the Excess Traffic Mitigation <br /> Improvements Costs, the City shall apply same to <br /> repayment of such Excess Traffic Mitigation <br /> Improvements Costs advanced by Developer, the City <br /> and/or any other Contributing Project in proportion to <br /> the amount thereof advanced by each such person. <br /> <br /> (h) Future Impact Fee. In the event the City should <br /> hereafter adopt a traffic impact or similar capital <br /> improvements fee or fees, the purpose and use of which would <br /> include any of the Traffic Mitigation Improvements, the <br /> payment obligations of Developer (and its successors) under <br /> this Section 3.2 shall be credited against such fees. <br /> <br /> 4. Additional Traffic Improvements. Section 3.2(i) <br />of the Agreement is revised by adding the following at the end <br />thereof: <br /> <br /> "Additional Traffic Improvements as used herein shall <br /> specifically mean mitigation measures identified by the <br /> City to offset anticipated traffic impacts should it <br /> decide not to construct the West Las Positas <br /> interchange at 1-680. Furthermore, Developer agrees <br /> <br /> -9- <br /> <br /> <br />