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d. No Payments Until Issuance of Buildin.q Permits. <br />Notwithstanding any other provision of this Restated Reimbursement Agreement, <br />Developer shall not be required to pay any portion of the Net Estimated or Net Actual <br />Traffic Mitigation Improvements Costs to City prior to issuance of the first building <br />permit to Developer to allow for development of the Project on the Property. <br /> <br /> e. Future Impact Fee. In the event the City should hereafter <br />adopt a traffic impact or similar capital improvements fee or fees, the purpose and use <br />of which would include any of the Traffic Mitigation Improvements, the payment <br />obligations of Developer (and its successors) under this Section 3 shall be credited <br />against such fees. <br /> <br /> 4. Determination of Traffic Mitiqation Improvement Costs. <br />Determination of the total Traffic Mitigation Improvements Costs ("Total Traffic <br />Mitigation Improvements Costs") shall be made on an aggregate (rather than "line <br />item") basis. As a result, the following shall occur: <br /> <br /> a. Savinqs Applied to Other Improvements. Savings from the <br />costs of any particular Traffic Mitigation Improvement (i.e., the excess of the Estimated <br />Traffic Mitigation Improvements Costs for the particular Traffic Mitigation Improvement <br />over the actual Traffic Mitigation Improvements Costs for the particular Traffic <br />Mitigation Improvement) shall be applied to any overruns for the costs of any other <br />Traffic Mitigation Improvements; and <br /> <br /> b. Overruns Paid By Savinqs. The overrun for the costs of any <br />particular Traffic Mitigation Improvement (i.e., the excess of the actual Traffic Mitigation <br />Improvements Costs for the particular traffic Mitigation Improvement over the Estimated <br />Traffic Mitigation Improvements Costs for the particular Traffic Mitigation Improvement) <br />shall be paid for by savings from any other Traffic Mitigation Improvements. <br /> <br /> 5. Liability of Contributinq Proiects. <br /> <br /> a. Contributin.q Proiects. In addition to Developers property, <br />other properties will benefit from the Traffic Mitigation Improvements. The boundaries <br />of the properties are depicted on Exhibit E attached hereto, and all properties within <br />those boundaries potentially could benefit from the Traffic Mitigation Improvements. As <br />of the date of this Restated Reimbursement Agreement, City has identified six <br />Contributing Projects which will benefit from completion of the Traffic Mitigation <br />Improvements. (See Exhibit D.) City has assigned each Contributing Project (including <br />Developer's) a percentage share of the responsibility for participating in the costs to <br />complete the Traffic Mitigation Improvements. That percentage share of the Traffic <br />Mitigation Improvements Costs of each of the current Contributing Projects and their <br />required payments are also shown on Exhibit D. Each Contributing Project's share is <br />based on its estimated peak hour trips as a percentage of the total peak hour trips <br />contributed by all Contributing Projects. Over time, the number of Contributing Projects <br /> <br /> (AGREEMENTS~SRIDG1CL,SAM) 5 <br /> <br /> <br />