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2) Each parcel within the Property, along with all other North Pleasanton <br /> properties, shall also be responsible 'for its pro rata share of presently <br /> unforeseen traffic mitigation improvements within the North Pleasanton area <br /> benefiting and/or made necessary by North Pleasanton development. <br /> Participation in the funding of these unforeseen improvements shall generally <br /> be in accordance with the NPID #3 rules for determining benefitted properties <br /> and method of spread costs as described in subsection B(1) above. The total <br /> obligation of each parcel within the Property under this subsection shall not <br /> exceed such parcel's pro rata share of $1 million worth of additional traffic <br /> improvements in excess of the funds (approximately $3 million) curren~y in <br /> the NPID #1 Improvement Funds and available for further traffic <br /> improvements in the North Pleasanton area. The owners of each parcel within <br /> the property agree that the excess funds in the NPID #1 improvement funds <br /> shall remain available for future traffic improvements, and they agree not to <br /> request and/or participate in any effort to refund said excess funds. The $1 <br /> willion is in 1993 dollars and shall be adjusted annually using the Engineering <br /> Record News Consu'uction Cost Index, San Francisco Region, or comparable <br /> index. <br /> <br />3) The patties agree that the "Local Rules" in the respective Development <br /> Agreements permit the City to levy a regional traffic impact fee upon <br /> developments in the Property should the City determine such a fee is <br /> necessary. <br /> <br />4) The parties further agree that the above listed obligations are consistent with <br /> the "Local Rules" and "Limitations on Obligation to Fund Additional <br /> Mitigations" in the respective Development Agreements and, except as <br /> clarified herein, those limitations remain in full force and effect. Furthermore, <br /> the parties agree that, except as provided in this section, no further site <br /> specific traffic studies or mitigation improvements shall be required of new <br /> 5 <br /> <br /> <br />