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0 u ~;. V ..J "" otJ <br />may be inaccurate for many reasons, or the Traffic <br />Mitigation Improvements Costs may increase after the date of <br />this Agreement at a rate other 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 />i) DevelClDer's Maximum Liabilitv. Developer'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 />ii) citv's Obliaation. <br />Mitigation Improvements Costs <br />maximum liability therefor as <br />by the City; and <br />Any Excess Traffic <br />beyond Developer's <br />aforesaid shall be paid <br />iii) Reimbursement from cClntributina Pro;ects. <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 Clf 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 tCl <br />the amClunt thereof advanced by each such person. <br />h) Future ImDact 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 DevelClper (and its successors) under <br />this Section 3.2 shall be credited against such fees. <br />4. Additional Traffic ImDrovements. Section 3.2(i) <br />of the Agreement is revised by adding the following at the end <br />thereof: <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 I-680. Furthermore, Developer agrees <br />9-