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(c) One Million Nine Hundred Twenty Thousand Dollars(51,920,000)upon <br /> Costco's certification and the City Engineer's verification, that the Stoneridge Drive and I-680 <br /> Project is seventy-five percent(75%)complete; <br /> (d) One Million Six Hundred Thousand Dollars(51,600,000)upon <br /> completion of the Stoneridge Drive and I-630 Project and the acceptance of the work by the City <br /> or State,as applicable. <br /> Should the approved Stoneridge Drive and i-680 Project Cost Certification <br /> submitted pursuant to Section 3.10 evidence that Costco expended less than$6,400,000,Costco <br /> shall refund to the City within thirty(30)days following approval of the Cost Certification any <br /> fiords paid to Costco by the City that were in excess of the actual out of pocket expenditures <br /> made by Costco. Notwithstanding the Six Million Four Hundred Thousand Dollars($6,400,000) <br /> limitation contained in this Section 4.1,to the extent the Stoneridge Drive and 1-680 Project Cost <br /> Certification evidences that Costco paid Stoneridge Drive Cost Overruns the City shall reimburse <br /> Costco for the Stoneridge Drive Cost Overruns within sixty(60)days following approval of the. <br /> Cost Certification. <br /> Section 4.2 Costco Reimbursement Amount. <br /> (a) Upon acceptance of the JDEDZ Street Improvements by the City and <br /> approval of the Cost Certifications set forth in Section 3.10,the outstanding balance of the <br /> Costco Construction Costs shall be reduced by(a)Three Million Seven Hundred Thousand <br /> Dollars(53,700,000)to reflect a fee credit granted to Costco against Costeo's obligation to pay <br /> the Traffic Development Fee and(b)up to Three Million Eighty Five Thousand Dollars <br /> (53,035,000)(the"Costco Contribution Amount")to reflect Costeo's contribution to the <br /> development of the Project Improvements.The remaining outstanding balance, if any,of the <br /> Costeo Construction Costs shall be paid to Costco up to a maximum Six Million Seven Hundred <br /> Eighty Five Thousand Dollars ($6,785,000) in accordance with Section 4.3 hereof. The <br /> outstanding balance of the Costco Construction Costs shall accrue simple interest at the rate of' <br /> one and one-half percent (l.5%)annually. Payments on the interest on the outstanding balance <br /> of the Costco Construction Costs shall be in addition to the Six Million Seven Hundred Eighty <br /> Five Thousand Dollars(S6,785,000)maximum. <br /> (b) The Costco Acquisition Costs shall be paid in accordance with Section 4.3 <br /> 1lereof. The Costco Acquisition Costs shall not bear interest. Collectively the Costco <br /> Construction Costs, plus any accrued interest on the Costco Construction Costs,and the Costco <br /> Acquisition Costs shall be referred to herein as the"Costco Reimbursement Amount" <br /> (c) The City shall reimburse Costco for the City's portion of any Cost <br /> Overruns,pursuant to Section 3.5, paid by Costco on behalf of the City within sixty(60)days <br /> following approval of the Cost Certification. <br /> Section 4.3 Citv Reimbursement of Costco. Commencing on the first October i st <br /> following the end of the first Fiscal Year in which the Costco Store is opened and operating and <br /> on each October 1st thereafter continuing throughout the Term, the City shall pay to Costco forty <br /> percent(40%)of the Sales Tax received during the immediately previous Fiscal Year, along with <br /> 10 <br /> 1310'01`.x.318870.8 <br /> 2/7/2018 <br />