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supplement the rn�itigation measures and conditions of approval imposed by the City of their <br />respective developments. Those improvements are set forth in Exhibit A, attached hereto and made <br />a part hereof by this reference ("Improvements"). <br />F. The Agency is willing to assist in the finding of the improvements but only from a <br />portion of the lax increment actually generated by the Nexus and Geneva Commons Projects and to <br />bind speoirled improvements that would reduce blight and benefit the Project Area. <br />0, The City's participation in this Agreement is limited to coordination of funding <br />and/or construction of certain, herein specified publicly owned improvements. <br />H. Nexus has agreed to construot some of the Improvements, and pay for the <br />construction of others, as more fully set forth below ("Nexus Improvements'). <br />Geneva Commons has agreed to pay for a portion of the Nexus Improvements. <br />NOW, THEREFORE, the parties hereto do mutually agree as follows; <br />SCOPE OF WORK <br />A. Nexus shall construct and/or fluid the improvements identified as "Nexus <br />Improvements" in Exhibit A hereto according to the schedule set forth in Bxhibit B to this <br />Agroomont, attached hereto and incorporated herein by this reference. Nexus shall be entitled to <br />till use of the funds deposited in the Nexus Escrow to undertake the Nexus Improvements. <br />B. In consideration for Nexus' agreement to construct and/or fund the Nexus <br />frnprovomont, Geneva Commons agrees to contribute a sum equal to its pro -rata share of residential <br />units between itself and Nexus (which is currently twenty -five percent (25 0/,D) pursuant to those <br />numbers set forth in sections A and B of the Recitals above) of the cost of the Nexus <br />Improvcments, towards the cost thereof payable at the time called for below. Notwithstanding the <br />foregoing, if Nexus has -not executed this Agreement prior to the date this Agreement becomes <br />binding on Geneva Commons (which the parties agree shall conclusively deemed to be the first day <br />upon which this Agreement has been executed by Geneva Commons, the City,-the Agency and <br />Sandpointo), then Geneva Commons pro -rata share contribution to the Nexus Escrow shall be <br />conclusively fixed at twenty-five (25 %) regardless of the actual number of residential units <br />approved for it and Nexus. <br />C, If the entire Nexus and Geneva Commons Projects are corfstructed, Agency shalt <br />cause the construction of the improvements identified as "Publicly -Owned Improvements" in <br />Exhibit A hereto according to the schedulo sot forth in Exhibit C to this Agreement, attached hereto <br />and incorporated herein.by this reference. The parties acknowledge and agree that the total cost of <br />the publicly owned improvements, including studies, design and overhead , shall not exceed Five <br />Million Dollars ($5,000,000.00). <br />EXHIBIT D <br />2 Ordinance No. NS -2880 <br />Page 31 of 51 <br />75A -92 <br />