VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

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supplement the Mitigation measures acid conditions of approval imposed by die City of their respcolivo developments, Those Improvements are set forth in Exhibit A, attached hereto and inado a part hereof by this rclterence ('Ifmprovomente ). F, The Agency is willing to assist in the finiding of the improvements but only from a portion of the tax inorcmonl actaally generated by the Nexus and Ceneva Commons Projects and to fluid specified improvements that would reduce blight and benefit the Project Area. 'G, The City's participation in this Agreemont is limited to coordination of funding and/or construction of certain, horoin specified publicly owned improvements, Ii, Noxus has agreed to constnict some of the improvements, and pay for the construction of others, as more filly set forth below ("Nexus Improvements). Geneva Coninions has agreed to pay for a portion of the Nexus Improvements, NOW, T1112REFORE, the, parties hereto do mutually agree as follows. SCOPE OF WORK A. Nexus shall eoitstruct and/or fluid the improvements identified as "Nexus Improvements" in Exhibit A hereto according to the schedule set forth in Exhibit E to this Agreoraont, oltaclied hereto and Incorporated herein by this roforonco. Nexus shall be entitled to foil use of duo fluids deposited in the Nessus Fscrow to undertake the Nexus Improvements, B, In consideration for Nexus' agreement to construct and/or fund the Nexus Improveuttont, Gcnava Commons agrees to contribute a sum, equal to its pro-rata share of residential units between itself and Nexus (which is currently twenty-five percent (25%) piusuant to those numbers see forth in sections A and B of the Recitals above) of the cost of duo Nexus Improvemcnts, towards due cost thereofpayable at the time called for below, Notwithstanding the foregoing, if Nexus has•not executed this Agreement prior to the date this Agreement becomes binding on Geneva Commons (which the parties agree shall conclusively deemed to be the first day upon which this Agreement has been executed by Geneva Commons, the City; tho.Ageney and Sandpointe), then Geneva Cornmotns pro-rata share conhibAniion to the Nexus Escrow shall be conclusively fixed at twenty-five (250%) regardless of the actual number of residential turns approved for it and Nexus. C. If the entire Nexus and Qeneva Commons ProjooA are eominioted, Agency shall muse the consirucNon of die Improvements identified as "Publioly-Owned Improvements" hi Exhibit A hereto according to the schedule sot forth in Iixhibit C to this Agreement, attached hereto and incorporated herein .by this reforeneo. Tho parties acknowledge and agree that the total cost of the publicly owned Improvements, including studles, design and overhead , shall not exoeed Five Million Dollars ($6,000,000.00), EXHIBIT D Ordinance No. NS-2680 Page 31 of 81