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loo <br />it is further understood that such surface drainage <br />improvement may not be sufficient to fully protect other <br />improvements on the Property from stormwater damage <br />during especially severe storms, and Developer assumes <br />the risk of such damage. Developer may install an <br />underground piped drainage system within the school <br />property and may connect to any existing city drainage <br />facility. once constructed, Developer shall be <br />responsible for maintaining and cleaning the on -site <br />drainage facilities and shall keep the drainage <br />facilities free and clear of all impediments to drainage <br />and shall maintain the five -foot strip to the east of <br />the drainage easement as a landscaped area. <br />Developer shall provide City with a surface <br />drainage easement for public water flowing across the <br />private parking area. <br />6. Provision 11,5 shall hereby be added to the Agreement to <br />read as follows: <br />11.5 Reimbursement <br />(a) In the event Developer elects to undertake <br />construction of the off -site improvements pursuant to <br />this Agreement and as further detailed in Exhibit Rr <br />City shall reimburse Developer in accordance with <br />Exhibit R, provided, in no event shall City's <br />reimbursement for the off -site improvements exceed <br />$550,000, in the aggregate. <br />Developer shall submit progress payment invoices to <br />City for the actual cost of construction. Payment by <br />City shall be within 30 days from receipt of said <br />invoice, subject to City accounting procedures. Final <br />payment shall occur after all off -site improvements are <br />completed and accepted by the Executive Director of the <br />Public Works Agency. <br />(b) Developer shall relocate the two utility poles <br />and guy wires located between Berkeley Street and <br />Stanford Street (as shown on Exhibit S). <br />City shall reimburse Developer for the cost of the <br />relocation. Developer shall submit an invoice to City <br />for the actual cost of the relocation and payment by <br />City shall be within 30 days from receipt of said <br />invoice, subject to City accounting procedures, <br />With the exception of the utility poles referenced <br />Page 10 of 14 <br />