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<br />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 /> <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 />fund specified improvements that would reduce blight and benefit the Project Area. <br /> <br />G. 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 /> <br />H. Nexus has agreed to construct some of the improvements, and pay for the <br />construction of others, as more fully set forth below ("Nexus Improvements"). <br /> <br />I. Geneva Commons has agreed to pay for a portion of the Nexus Improvements. <br /> <br />NOW, THEREFORE, the parties hereto do mutually agree as follows: <br /> <br />1. SCOPE OF WORK <br /> <br />A. Nexus shall construct and/or fund the improvements identified as "Nexus <br />hnprovements" in Exhibit A hereto according to the schedule set forth in Exhibit B to this <br />Agreement, attached hereto and incorporated herein by this reference. Nexus shall be entitled to full <br />use of the funds deposited in the Nexus Escrow to undertake the Nexus Improvements. <br /> <br />B. In consideration for Nexus' agreement to construct and/or fund the Nexus <br />hnprovement, 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 sections A and B of the Recitals above) of the cost of the Nexus hnprovements, <br />towards the cost thereof payable at the time called for below. Notwithstanding the foregoing, if <br />Nexus has not executed this Agreement prior to the date this Agreement becomes binding on <br />Geneva Commons (which the parties agree shall conclusively deemed to be the first day upon which <br />this Agreement has been executed by Geneva Commons, the City, the Agency and Sandpointe), then <br />Geneva Commons pro-rata share contribution to the Nexus Escrow shall be conclusively fixed at <br />twenty-five (25%) regardless of the actual number of residential units approved for it and Nexus. <br /> <br />C. Ifthe 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 /> <br />2 <br />