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NOW, THEREFORE, in consideration of the mutual convents <br />and promises contained herein, the parties agree as follows: <br /> <br /> 1. Area of Benefit. The area of benefit <br />("Area of Benefit") shall be the central business district <br />and any adjacent lands, as more particularly shown on Exhibit <br />B, attached hereto. <br /> <br /> 2. In Lieu Payment. Developer and City agree that <br />Developer shall pay an amount necessary to provide off- <br />street parking facilities within the Area of Benefit for the <br />Project, and its use, constructed by Developer. <br /> <br /> A. Cost of Spaces in Parkinq Facility. <br /> Developer's share of the parking facility shall be <br /> calculated as the proportionate share of <br /> Developer's required number of spaces compared to <br /> the total number of spaces in the parking facility, <br /> with the Developer's cost being that percentage of <br /> the total cost of the parking facility (including, <br /> but not limited to, acquisition, design, and <br /> construction): <br /> <br /> Developer's Cost = <br /> <br />Developer's Deficient Off Street Parking Spaces X Total <br />Total Spaces in Facility Facility <br /> Cost <br /> <br /> The parties hereto intend the parking facility to <br />be an average cost, surface parking lot with normal City <br />required improvement. The share of parking facility the <br />attributable to one parking space which shall be a 9' x 29.5' <br />paved space and aisle (share), concrete curb/gutter, and <br />fronted by an automatically irrigated landscape strip 9' x <br />5' wide. In 1989, the estimated total cost of such a parking <br />space in the downtown was four thousand seven hundred and <br />twenty three dollars (4,723.00). This amount, adjusted for <br />inflation, shall serve as a guide to the reasonableness of <br />the per parking space cost to be charged Developer under the <br />above formula. Developer may protest its share of the total <br />facility cost before the City Council within 15 days of <br />receipt of payment request as stated in paragraph 2 (B). <br /> <br /> B. Developer's Required Spaces. The number of <br /> deficient parking spaces is twelve (12) spaces <br /> which Developer is required to provide but has <br /> decided not to construct. <br /> <br /> <br />