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250. <br /> <br />(iv) <br /> <br />an agreed upon amount equal to Eight <br />Hundred Six Thousand Eight Hundred <br />Seventy-One and No/100 Dollars <br />($806,871.00). (This agreed amount <br />represents a partial credit for the <br />cost previously incurred by Developer <br />for the construction of Cabrillo Park <br />Drive adjacent to Phase I and the <br />dedication of the full length of <br />Cabrillo Park Drive. The total costs <br />were approximately Three Million One <br />Hundred Twenty-Eight Thousand Seven <br />Hundred Forty-Two and No/100 Dollars <br />($3,128,742.00). <br /> <br />Items (i) through (iv), above, are hereinafter <br />collectively referred to as the "Developer <br />Contributions." The City hereby agrees that in no <br />event will the total of all Development Fees for the <br />Project exceed a total of Four Million Four Thousand <br />Three Hundred Seventy-One and No/100 Dollars <br />($4,004,371.00) and in no event will the Developer be <br />obligated to make Developer Contributions as set forth <br />in Items (i) through (iv) above that exceed a total of <br />Four Million Four Thousand Three Hundred Seventy-One <br />and No/100 Dollars ($4,004,371.00). <br /> <br /> (5) Other Mitigation Measures. The Developer <br />agrees to pay all cost and expense associated with the <br />performance of the "Other Traffic-Related Public <br />Improvements," "Transportation Demand Management <br />Program" and "Non-Traffic Mitigation Measures" as set <br />forth in above Sections 9(b)(3), 9(b)(4) and 9(b)(5). <br /> <br /> (6) Reimbursement for Water Line. The City shall <br />require any developer of the vacant property across <br />Fourth Street from the Property to reimburse the <br />Developer for part of the cost of the water line <br />installed by the Developer in Cabrillo Park Drive. <br />Such reimbursement shall be on the basis of a fair <br />share apportionment of the benefit of said water line <br />between the development on the Property and the <br />development to occur on said property to the north. <br /> <br /> 11. Timing For Performance of Developer's Obligations. The <br />time for the performance of Developer's obligations as set forth <br />in Sections 9(b) and 10(b), above, shall be extended by any <br />period or periods of time that this Agreement is subject to legal <br />challenge by any third party. Further, Developer's obligations <br />as set forth above may be extended by the City Manager for <br />periods of time up to ten (10) months. Such extension shall be <br />warranted in the event of delays in the acquisition of necessary <br />rights-of-way by the City. Further, the time for Developer's <br />performance of its obligations relating to the preparation of <br /> <br />- 9 - <br /> <br /> <br />