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(e) <br /> <br />(ii) The actual Infrastructure costs will be known and fixed upon award of <br />a contract by the City Council for such work. If the Landowners obtain a <br />building permit or there is a Close of Escrow prior to the time the <br />infrastructure costs are actually determined, the Landowners shall then pay <br />the most current estimated amount. At such later time that the costs are <br />fixed through the award of an actual construction contract, the City will <br />have 60 days to refund any overpayment, if any, to the Landowners; or the <br />City will send the Landowners an invoice for any underpayment, if any, <br />with payment of the difference due in 60 days. <br /> <br />(iii) For the final 10 new residential lots for which a building permit is to <br />be obtained, or there is a Close of Escrow, the City shall pay the Pro Rata <br />Share of Infrastructure costs. <br /> <br />The City has made the grading, engineering and geotecknical plans <br />available to the Landowners, and their agents and expert consultants, for <br />review and comment. The City shall direct its golf course construction <br />contractor to grade the Lots in accordance with the approved grading, <br />engineering and geotechnical plans, and to compact the building pad <br />portions of the Lots to 90% relative compaction. <br /> <br />As an element of the construction contract for the development of the Golf <br />Course Property and the grading of the Lots, the City shall require that the <br />construction contractor indemnify, defend and hold harmless the <br />Landowners, and name the Landowners as additional insureds, for any <br />work done by the construction contractor on the Lots. In addition, the <br />City shall require that its on-site geotechnical engineer, who will have <br />responsibility to ensure that the grading of the Lots and the Golf Course <br />property is accomplished as provided in the approved plans, also <br />indemnify, defend and hold harmless the Landowners, and name the <br />Landowners as additional insureds, for any work related to the Lots. <br /> <br />The components identified in paragraphs 1 (a) to 1 (d) above shall be the <br />only compensation to the Landowners for the Golf Course Property and <br />the City hereby makes no guarantee that the sale of the new lots will in <br />fact generate $7,200,000 (or any other amount) for the Landowners. <br /> <br />Except as provided in this subsection 1 (e), in no event is the City obligated <br />to make any further or additional payments to the Landowners, create <br />additional lots for their benefit or take any other action for or on <br />Landowners' behalf. The only additional consideration shall be as <br />follows: <br /> <br />(i) as to Manning: The items set forth in the attached Exhibit D. <br /> <br />(ii) as to Jensen: The items set forth in the attached Exhibit E. <br /> <br />Page 4 of 8 <br /> <br /> <br />