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accordance with City regulations, and the right to reimbursement <br />as provided below. <br />3. Benefit Area. <br />a. The area which will benefit from the Improvements <br />(the "Benefit Area") shall include the Property and those <br />properties listed on Exhibit "B" attached hereto and incorporated <br />by reference herein, and shown on the map attached as Exhibit <br />nBu~ <br />b. Within the Benefit Area, it is anticipated that an <br />additional 1379 dwelling unit equivalents of sewer capacity will <br />be constructed and subject to this Reimbursement Agreement. <br />4. Existing IInits Exempt. Existing commercial, <br />industrial, office or housing units within the Benefit Area which <br />exist as of the date of this Agreement shall be exempt from <br />payment of costs of construction of the Improvements within the <br />term of this Agreement. <br />5. Reimbursement Principle. <br />a. Each property within the Benefit Area shall be <br />subject to payment of its fair share of the Improvement costs in <br />accordance with principles of special benefit as applied in <br />assessment districts and consistent with reimbursement provisions <br />in the Subdivision Map Act (Government Code Section 66485 et <br />sec.). <br />b. Developer's share of the cost of Improvements has <br />been deemed contributed upon acceptance of the Improvements, <br />subject to reimbursement as herein provided. <br />6. Establishment of Fee. <br />a. City shall collect an estimated reimbursement fee <br />of $300 per unit for the Improvements, calculated and adjusted as <br />provided in Paragraphs 1 and 5 above to this Agreement during <br />calendar year 1992. <br />b. An annual interest charge at the legal rate as <br />specified in the Code of Civil Procedure, Section 685.010 <br />[currently seven percent (7$) per annum] shall be added each <br />January to such fee for each calendar year until and including <br />1996. During the last six years, the fee shall remain the same <br />as outlined in Exhibit "C" attached hereto and incorporated <br />herein by this reference. <br />7. Time of Collection. <br />a. The City will require payment of reimbursement <br />fees as a condition of tentative map approval or prior to <br />- 2 - <br />