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Accountant, to the City Engineer. Thereafter, reimbursement <br />fees shall be based upon actual costs. <br /> <br /> 2. Ownership by City. Pursuant to the Subdivision <br />Agreement between City and Developer, ownership of said work <br />shall vest in the City, with Developer having the right to <br />connect or right to use said Improvements in accordance with <br />City regulations, and the right to reimbursement as provided <br />below. <br /> 3. Benefit Area. <br /> <br /> a. The area which will benefit from the <br />Improvements (the "Benefit Area") shall include the Property <br />and those properties listed on Exhibit "B" attached hereto <br />and incorporated by reference herein, and shown on the map <br />attached as Exhibit "C". <br /> <br /> b. Within the Benefit Area, it is anticipated <br />that an additional 129 units will be constructed. The <br />additional 129 units, plus the 244 units in the Developer's <br />project, means that 373 units are anticipated within the <br />Benefit Area. (See Exhibit D) <br /> <br /> 4. Existing Units Exempt. Housing units within the <br />Benefit Area which exist as of the date of this Agreement and <br />which have not yet connected to the sewer and/or water system <br />shall be exempt from payment of costs of construction of the <br />Improvements even if said existing units connect to the sewer <br />and/or water system within the term of this Agreement. A <br />list of existing units within the benefit area is attached as <br />Exhibit "E". <br /> <br /> 5. Reimbursement Principle <br /> <br /> a. Each property within the Benefit Area shall be <br />subject to payment of its fair share of the Improvement <br />costs in accordance with principles of special benefit as <br />applied in assessment districts and consistent with reim- <br />bursement provisions in the Subdivision Map Act (Government <br />Code Section 66485 et seq). The facts and circumstances <br />justifying reimbursement in this instance, and the rules of <br />spread are set forth in Exhibit "F" attached, which is hereby <br />incorporated into this Agreement. <br /> <br /> b. Developer's share of the cost of Improvements <br />shall be deemed contributed upon completion of construction <br />of the Improvements, subject to reimbursement as herein <br />provided. <br /> <br /> <br />