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supplement the mitigation 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 funding of the improvements but only from a <br />portion of the tax increment actually generated by the Nexus and Geneva Commons Projects and to <br />Rind specified improvements that would reduce blight and benefit the Project Area. <br />0, The City's partiolpation 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 constrict 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, THER13FORE, the parties hereto do mutually agree as follows- <br />SCOP <br />E OF WORK <br />A. Nexus shall construct and/or ltmd the improvements identified as "Nexus <br />Improvements" in Exhibit A hereto according to the schedule set forth in fthibit B to this <br />Agreement, attached hereto and incorporated herein by this reference. Nexus shall be entitled to <br />fbll 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 />Improvement, 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 6/o) pursuant to those <br />numbers set forth In sections A and B of the Recitals above) of the cost of the Nexus <br />Improvements, towards the cost thereof payable at the time called for below. Notwithstanding the <br />forogoing, 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 Lscrow 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 constructed, Agency shall <br />cause the construction of the improvements identified as "Publicly -Owned Improvements" in <br />Exhibit A hereto according to the schedule set forth in Exhibit C to this Agreement, attached hereto <br />acid 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 too. NS -2660 <br />Page 31 of 51 <br />75A -92 <br />