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JD <br /> Contributing Project's share is based upon its estimated <br /> peak hour trips as a percentage of the total peak hour trips <br /> contributed by all such Contributing Projects.' Over time, <br /> the number of Contributing Projects is expected to change as <br /> properties develop, redevelop or as existing uses expand, <br /> intensify or consolidate. As that occurs, the' City shall <br /> revise the list of Contributing Projects and the relative <br /> percentages among the Projects so that each Project that has <br /> not already paid. its entire share shall then be responsible <br /> to pay its share of the Traffic Mitigation Improvements <br /> Costs based on its estimated peak hour trips as a percentage <br /> of the total peak hour trips contributed by all identified <br /> Contributing Projects. Each Contributing Project's <br /> contributionshall be based on its percentage share of the <br /> Traffic Mitigation Improvements Costs. (To the extent any <br /> Contributing Project has paid its entire share of the <br /> Traffic Mitigation Improvements Costs when it obtained a <br /> building permit or permits, such Project shall not be <br /> responsible for any additional contribution should the <br /> Project's percentage thereafter increase; similarly, should <br /> such Project's percentage decrease, such Contributing <br /> Project shall not be entitled to a refund. ) Any portion of <br /> the Net Estimated/Actual Traffic Mitigation IMprovements <br /> Costs not paid by the owners of the Contributing Projects by <br /> January 1, 1999 shall increase by an interestlfactor equal <br /> to the Prime Rate. The interest factor shallIlbeapplied <br /> from such date to the date of payment. The owner of each <br /> Contributing Project shall also be responsible for its <br /> percentage share (as stated in gxhibit F, as the same may be <br /> revised) of the Excess Traffic Mitigation Improvements Costs <br /> (as defined below) . To the extent that any BART facilities <br /> are developed within the area shown on gxbibit G, the City <br /> shall likewise diligently pursue all available means to <br /> require that BART bear its fair share of Net Estimated/ <br /> Actual Traffic Mitigation Improvements Costs on the same <br /> basis as any other Contributing Project. <br /> (e) Reimbursement From Contributing Protects. If <br /> Developer has paid to the City any portion of the Net <br /> Estimated/Actual Traffic Mitigation Improvements Costs (or <br /> Excess Traffic Mitigation Improvements Costs) attributable <br /> to another Contributing Project (i.e. , Developer has paid an <br /> amount in excess of Developer's Estimated Required Payment, <br /> or allocable share thereof, as earlier discussed, in the <br /> event that a portion only of Developer's Project has been <br /> developed) , then Developer shall be entitled to <br /> reimbursement of the full amount of such excess, plus an <br /> interest accrual thereon at the Prime Rate from the date <br /> paid until reimbursed hereunder (the "Reimbursement Fee") . <br /> The City shall require payment by each Contributing Project, <br /> as a condition of the next approval requested by the <br /> Contributing Project, of such Project's percentage share of <br /> the Net Estimated/Actual Traffic Mitigation Improvements <br /> Costs on the same basis that Developer is obligated to make <br /> payments for same in accordance with subparagraph (c) above. <br /> -6- <br />