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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <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 /> 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 /> <br /> 0, The City's partioipation 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 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 /> NOW, THER13FORE, the parties hereto do mutually agree as follows; <br /> <br /> I. SCOPE OF WORK <br /> <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 fthibit B to this <br /> Agreement, attached hereto and incorporated herein by this reference. Nexus shall be entitled to <br /> dull use of the funds deposited in the Nexus Escrow to undertake the Nexus Improvements. <br /> B. In consideration for Nexus' agreement to oonstruct and/or fund the Nexus <br /> Improvement, Genova 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 (256/o) pursuant to those <br /> numbers set forth in sections A and B of the Recitals above) of the cost of the Nexus <br /> Improvcmcnts, 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 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 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-2660 <br /> Page 31 of 51 <br /> <br /> <br /> <br /> 75A-92 <br />