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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 fielding 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 />find specified improvements that would reduce blight and benefit the Project Area. <br />0. Ttie 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 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, 'T'HEREFORE, the parties hereto do mutually agree as follows; <br />SCOPE OF WORK <br />A. Nexus shall construct and/or fund the improvements identified as "Nexus <br />Improvements" in Exhibit A hereto according to the schedule set forth in Exhibit 0 to this <br />Agreement, attached hereto and incorporated herein by this reference, Nexus shall be entitled to <br />full use of the ftnids 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%) pursuant to those <br />numbers set forth In seotlons 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 />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 acid <br />Sandpointe), 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 ofxesidential 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 />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 />B)aUlT D <br />2 Ordinance No. NS-2680 <br />Page M of 51 <br />11 A-35