Common use of IMPROVEMENTS REQUIRED Clause in Contracts

IMPROVEMENTS REQUIRED. A. Developer shall provide the improvements or other performance requirements as set forth in Exhibits B and C (collectively, the “Improvements”) as follows: 1. Exhibit B, attached hereto and incorporated herein by this reference, identifies all required infrastructure improvements related to public roadways, right of ways, storm sewer systems, and sidewalks (including multiuse paths) (the “Infrastructure Improvements”). Required Infrastructure Improvements shall be detailed in construction plans to be approved by the City. 2. Exhibit C, attached hereto and incorporated herein by this reference, identifies all required improvements relating to or concerning landscaping for and along all roadways (including but not limited to principal and minor arterial roadways, major and minor collector roadways) and trails, in all private parks, and in open space areas and inclusive of sidewalks and trails outside the right of way, and all associated appurtenances (the “Landscape Improvements”). Required Landscape Improvements shall be detailed in landscape plans to be approved by the City. 3. Exhibits B and C include a description of Improvements and schedules, in a form acceptable to the City, of the estimated costs of Improvements to be accepted by the City. If construction of Infrastructure Improvements and/or installation of Landscape Improvements have not begun within one (1) year of the Effective Date, Developer shall submit to the City not later than ninety (90) days prior to commencement of construction or installation, as applicable, revised Exhibits B and/or C, as appropriate, providing then-current schedules of estimated costs for the applicable Improvements and compliant with all then-current laws, codes, rules, regulations, standards and specifications of the City. 4. Costs provided in Exhibits B and C are provided for surety estimates only and shall not be used to establish or alter construction standards or specifications. The omission of any particular improvement from city approved construction plans or development permits shall not modify the obligation to provide the Improvements. Nothing in this Agreement shall be interpreted to alter or amend the City’s Construction Standards and Specifications. B. Developer shall, at its sole expense, design, construct and install the Improvements for initial acceptance as provided in Section IV herein (“Initial Acceptance”) and shall repair the Improvements as necessary until final acceptance by the City as provided in Section V herein (“Final Acceptance”). C. Construction and landscape plans must be approved by the City prior to commencement of construction of Infrastructure Improvements or installation of Landscape Improvements. D. If the City or a third party designs and constructs any Improvements, the City or third party shall control the timing, scope, manner of design and construction and Developer shall grant the City or third party any easements, access, and right-of-way at no cost to the City necessary to construct such Improvements. In such a case, within the later of ninety (90) days of a written demand for payment or at the time of future development, Developer shall reimburse the City or third party for the actual costs of the design and construction of such Improvements, which costs shall be determined at the completion of construction. Nothing in this Agreement shall obligate the City to install or complete any Improvements or to require the City to recover costs of Improvements from any person. E. Developer shall be permitted to provide cash payment in lieu (“Cash-in-lieu” or “CIL”) of certain Improvements as limited herein and set forth at EXHIBIT E. 1. In lieu of the obligations associated with particular improvements, and as set forth on Exhibit E, Developer shall provide compensation to the City in the amount of $ Identify amount in words and (####) within 30 days (“Due Date”) of the Effective Date of this Agreement. 2. If payment is not made in full by the Due Date, Developer shall pay an additional late charge equal to ten percent (10%) of the CIL amount. Additionally, interest shall accrue at the rate of twelve percent (12%) per annum on the unpaid balance computed from the Due Date. 3. Notwithstanding Article IV herein, under no circumstances shall Initial Acceptance of Improvements not subject to CIL occur where a CIL payment remains outstanding, including any interest or late charges, in whole or in part, and regardless of whether such amount is in dispute. 4. The required surety amount, as reflected by the cost estimates of Exhibits B and C and inclusive of the CIL eligible Improvements, may be reduced by the CIL payment amount actually received exclusive of any interest and late charges.

IMPROVEMENTS REQUIRED. A. Developer shall provide the improvements or other performance requirements as set forth in Exhibits B and C (collectively, the “Improvements”) as follows: 1. Exhibit B, attached hereto and incorporated herein by this reference, identifies all required infrastructure improvements related to public roadways, right of ways, storm sewer systems, and sidewalks (including multiuse paths) (the “Infrastructure Improvements”). Required Infrastructure Improvements shall be detailed in construction plans to be approved by the City. 2. Exhibit C, attached hereto and incorporated herein by this reference, identifies all required improvements relating to or concerning landscaping for and along all roadways (including but not limited to principal and minor arterial roadways, major and minor collector roadways) and trails, in all private parks, and in open space areas and inclusive of sidewalks and trails outside the right of way, and all associated appurtenances (the “Landscape Improvements”). Required Landscape Improvements shall be detailed in landscape plans to be approved by the City. 3. Exhibits B and C include a description of Improvements and schedules, in a form acceptable to the City, of the estimated costs of Improvements to be accepted by the City. If construction of Infrastructure Improvements and/or installation of Landscape Improvements have not begun within one (1) year of the Effective Date, Developer shall submit to the City not later than ninety (90) days prior to commencement of construction or installation, as applicable, revised Exhibits B and/or C, as appropriate, providing then-current schedules of estimated costs for the applicable Improvements and compliant with all then-current laws, codes, rules, regulations, standards and specifications of the City. 4. Costs provided in Exhibits B and C are provided for surety estimates only and shall not be used to establish or alter construction standards or specifications. The omission of any particular improvement from city approved construction plans or development permits shall not modify the obligation to provide the Improvements. Nothing in this Agreement shall be interpreted to alter or amend the City’s Construction Standards and Specifications. B. Developer shall, at its sole expense, design, construct and install the Improvements for initial acceptance as provided in Section IV herein (“Initial Acceptance”) and shall repair the Improvements as necessary until final acceptance by the City as provided in Section V herein (“Final Acceptance”). C. Construction and landscape plans must be approved by the City prior to commencement of construction of Infrastructure Improvements or installation of Landscape Improvements. D. If the City or a third party designs and constructs any Improvements, the City or third party shall control the timing, scope, manner of design and construction and Developer shall grant the City or third party any easements, access, and right-of-way at no cost to the City necessary to construct such Improvements. In such a case, within the later of ninety (90) days of a written demand for payment or at the time of future development, Developer shall reimburse the City or third party for the actual costs of the design and construction of such Improvements, which costs shall be determined at the completion of construction. Nothing in this Agreement shall obligate the City to install or complete any Improvements or to require the City to recover costs of Improvements from any person. E. Developer shall be permitted to provide cash payment in lieu (“Cash-in-lieu” or “CIL”) of certain Improvements public improvements as limited herein and set forth at EXHIBIT E. 1. In lieu of the obligations associated with particular improvements, and as set forth on Exhibit E, Developer shall provide compensation to the City in the amount of $ Identify amount in words and (####) within 30 days (“Due Date”) of the Effective Date of this Agreement. 2. If payment is not made in full by the Due Date, Developer shall pay an additional late charge equal to ten percent (10%) of the CIL amount. Additionally, interest shall accrue at the rate of twelve percent (12%) per annum on the unpaid balance computed from the Due Date. 3. Notwithstanding Article IV herein, under no circumstances shall Initial Acceptance of Improvements not subject to CIL occur where a CIL payment remains outstanding, including any interest or late charges, in whole or in part, and regardless of whether such amount is in dispute. 4. The required surety amount, as reflected by the cost estimates of Exhibits B and C and inclusive of the CIL eligible Improvements, may be reduced by the CIL payment amount actually received exclusive of any interest and late charges.

IMPROVEMENTS REQUIRED. A. Developer shall provide the improvements or other performance requirements as set forth in Exhibits B and C (collectively, the “Improvements”) as follows: 1. Exhibit B, attached hereto and incorporated herein by this reference, identifies all required infrastructure improvements related to public roadways, right of ways, storm sewer systems, and sidewalks (including multiuse paths) (the “Infrastructure Improvements”). Required Infrastructure Improvements shall be detailed in construction plans to be approved by the City. 2. Exhibit C, attached hereto and incorporated herein by this reference, identifies all required improvements relating to or concerning landscaping for and along all roadways (including but not limited to principal and minor arterial roadways, major and minor collector roadways) and trails, in all private parks, and in open space areas and inclusive of sidewalks and trails outside the right of way, and all associated appurtenances (the “Landscape Improvements”). Required Landscape Improvements shall be detailed in landscape plans to be approved by the City. 3. Exhibits B and C include a description of Improvements and schedules, in a form acceptable to the City, of the estimated costs of Improvements to be accepted by the City. If construction of Infrastructure Improvements and/or installation of Landscape Improvements have not begun within one (1) year of the Effective Date, Developer shall submit to the City not later than ninety (90) days prior to commencement of construction or installation, as applicable, revised Exhibits B and/or C, as appropriate, providing then-current schedules of estimated costs for the applicable Improvements and compliant with all then-current laws, codes, rules, regulations, standards and specifications of the City. 4. Costs provided in Exhibits B and C are provided for surety estimates only and shall not be used to establish or alter construction standards or specifications. The omission of any particular improvement from city approved construction plans or development permits shall not neither modify nor alter the obligation to provide the Improvements. Nothing in this Agreement shall be interpreted to alter or amend the City’s Construction Standards and Specifications. B. Developer shall, at its sole expense, design, construct and install the Improvements for initial acceptance as provided in Section IV herein (“Initial Acceptance”) and shall repair the Improvements as necessary until final acceptance by the City as provided in Section V herein (“Final Acceptance”). C. Construction and landscape plans must be approved by the City prior to commencement of construction of Infrastructure Improvements or installation of Landscape Improvements. D. If the City or a third party designs and constructs any Improvements, the City or third party shall control the timing, scope, manner of design and construction and Developer shall grant the City or third party any easements, access, and right-of-way at no cost to the City necessary to construct such Improvements. In such a case, within the later of ninety (90) days of a written demand for payment or at the time of future development, Developer shall reimburse the City or third party for the actual costs of the design and construction of such Improvements, which costs shall be determined at the completion of construction. Nothing in this Agreement shall obligate the City to install or complete any Improvements or to require the City to recover costs of Improvements from any person. E. Developer shall be permitted to provide cash payment in lieu (“Cash-in-lieu” or “CIL”) of certain Improvements as limited herein and set forth at EXHIBIT E. 1. In lieu of the obligations associated with particular improvements, and as set forth on Exhibit E, Developer shall provide compensation to the City in the amount of $ Identify amount in words and (####) within 30 days (“Due Date”) of the Effective Date of this Agreement. 2. If payment is not made in full by the Due Date, Developer shall pay an additional late charge equal to ten percent (10%) of the CIL amount. Additionally, interest shall accrue at the rate of twelve percent (12%) per annum on the unpaid balance computed from the Due Date. 3. Notwithstanding Article IV herein, under no circumstances shall Initial Acceptance of Improvements not subject to CIL occur where a CIL payment remains outstanding, including any interest or late charges, in whole or in part, and regardless of whether such amount is in dispute. 4. The required surety amount, as reflected by the cost estimates of Exhibits B and C and inclusive of the CIL eligible Improvements, may be reduced by the CIL payment amount actually received exclusive of any interest and late charges.

IMPROVEMENTS REQUIRED. A. Developer shall provide the improvements or other performance requirements as set forth in Exhibits B and C (collectively, the “Improvements”) as follows: 1. Exhibit B, attached hereto and incorporated herein by this reference, identifies all required infrastructure improvements related to public roadways, right of ways, storm sewer systems, and sidewalks (including multiuse paths) (the “Infrastructure Improvements”). Required Infrastructure Improvements shall be detailed in construction plans to be approved by the City. 2. Exhibit C, attached hereto and incorporated herein by this reference, identifies all required improvements relating to or concerning landscaping for and along all roadways (including but not limited to principal and minor arterial roadways, major and minor collector roadways) and trails, in all private parks, and in open space areas and inclusive of sidewalks and trails outside the right of way, and all associated appurtenances (the “Landscape Improvements”). Required Landscape Improvements shall be detailed in landscape plans to be approved by the City. 3. Exhibits B and C include a description of Improvements and schedules, in a form acceptable to the City, of the estimated costs of Improvements to be accepted by the City. If construction of Infrastructure Improvements and/or installation of Landscape Improvements have not begun within one (1) year of the Effective Date, Developer shall submit to the City not later than ninety (90) days prior to commencement of construction or installation, as applicable, revised Exhibits B and/or C, as appropriate, providing then-current schedules of estimated costs for the applicable Improvements and compliant with all then-current laws, codes, rules, regulations, standards and specifications of the City. 4. Costs provided in Exhibits B and C are provided for surety estimates only and shall not be used to establish or alter construction standards or specifications. The omission of any particular improvement from city approved construction plans or development permits shall not neither modify nor alter the obligation to provide the Improvements. Nothing in this Agreement shall be interpreted to alter or amend the City’s Construction Standards and Specifications. B. Developer shall, at its sole expense, design, construct and install the Improvements for initial acceptance as provided in Section IV herein (“Initial Acceptance”) and shall repair the Improvements as necessary until final acceptance by the City as provided in Section V herein (“Final Acceptance”). C. Construction and landscape plans must be approved by the City prior to commencement of construction of Infrastructure Improvements or installation of Landscape Improvements. D. If the City or a third party designs and constructs any Improvements, the City or third party shall control the timing, scope, manner of design and construction and Developer shall grant the City or third party any easements, access, and right-of-way at no cost to the City necessary to construct such Improvements. In such a case, within the later of ninety (90) days of a written demand for payment or at the time of future development, Developer shall reimburse the City or third party for the actual costs of the design and construction of such Improvements, which costs shall be determined at the completion of construction. Nothing in this Agreement shall obligate the City to install or complete any Improvements or to require the City to recover costs of Improvements from any person. E. Developer shall be permitted to provide cash payment in lieu (“Cash-in-lieu” or “CIL”) of certain Improvements as limited herein and set forth at EXHIBIT E. 1. In lieu of the obligations associated with particular improvements, and as set forth on Exhibit E, Developer shall provide compensation to the City in the amount of $ Identify amount in words and (####) within 30 days (“Due Date”) of the Effective Date of this Agreement. 2. If payment is not made in full by the Due Date, Developer shall pay an additional late charge equal to ten percent (10%) of the CIL amount. Additionally, interest shall accrue at the rate of twelve percent (12%) per annum on the unpaid balance computed from the Due Date. 3. Notwithstanding Article IV herein, under no circumstances shall Initial Acceptance of Improvements not subject to CIL occur where a CIL payment remains outstanding, including any interest or late charges, in whole or in part, and regardless of whether such amount is in dispute. 4. The required surety amount, as reflected by the cost estimates of Exhibits B and C and inclusive of the CIL eligible Improvements, may be reduced by the CIL payment amount actually received exclusive of any interest and late charges.

IMPROVEMENTS REQUIRED. A. Developer shall provide the improvements or other performance requirements as set forth in Exhibits B and C (collectively, the “Improvements”) as follows:in 1. Exhibit B, attached hereto and incorporated herein by this reference, identifies all required infrastructure improvements related to public roadways, right of ways, storm sewer systems, and sidewalks (including multiuse paths) paths)that are located on property that is owned or controlled by the City (the “Infrastructure Improvements”). Required RequiredThe Infrastructure Improvements shall be detailed in construction plans to be approved by the CityCity and such approval shall not be unreasonably withheld, conditioned or delayed. 2. Exhibit C, attached hereto and incorporated herein by this reference, identifies all required improvements relating to or concerning landscaping for and along all roadways (including but not limited to principal and minor arterial roadways, major and minor collector roadways) and trails, in all private parks, and in open space areas and inclusive of sidewalks and trails outside the right of way, and all associated appurtenances appurtenancesrelated to the Infrastructure Improvements that is located on property that is owned or controlled by the City (the “Landscape Improvements”). Required RequiredThe Landscape Improvements shall be detailed in landscape plans to be approved by the CityCity and such approval shall not be unreasonably withheld, conditioned or delayed. 3. Exhibits B and C include a description of Improvements and schedules, in a form acceptable to the City, of the estimated costs of Improvements to be accepted by the City. If construction of Infrastructure Improvements and/or installation of Landscape Improvements have not begun within one (1) year of the Effective Date, Developer shall submit to the City not later than ninety (90) days prior to commencement of construction or installation, as applicable, revised Exhibits B and/or C, as appropriate, providing then-current schedules of estimated costs for the applicable Improvements and compliant with all allthe then-current laws, codes, rules, regulations, standards and specifications of the CityCityLDC. 4. Costs provided in Exhibits B and C are provided for surety suretyas estimates only and shall not be used to establish or alter construction standards or specificationsspecifications provided in the LDC. The omission of any particular improvement from city cityCity approved construction plans or development permits shall not modify the obligation to provide the Improvements. Nothing in this Agreement shall be interpreted to alter or amend the City’s Construction Standards and SpecificationsSpecificationsconstruction standards and specifications in the LDC. B. Developer shall, at its sole expense, design, construct and install the Improvements for initial acceptance as provided in Section SectionArticle IV herein (“Initial Acceptance”) and shall repair the Improvements as necessary until final acceptance by the City as provided in Section SectionArticle V herein (“Final Acceptance”). Except as otherwise provided in Section II.D. after Final Acceptance, the Infrastructure Improvements shall be maintained by the City and the Landscape Improvements shall be maintained by the Developer or successor owner of the Property. C. Construction and landscape plans must be approved by the City prior to commencement of construction of Infrastructure Improvements or installation of Landscape ImprovementsImprovements as provided herein. D. If the City or a third party designs and constructs any Improvements, the City or third party shall control the timing, scope, manner of design and construction and Developer shall grant the City or third party any easements, access, and right-of-way at no cost to the City necessary to construct such Improvements. In such a case, within the later of ninety (90) days of a written demand for payment or at the time of future development, Developer shall reimburse the City or third party for the actual costs of the design and construction of such Improvements, which costs shall be determined at the completion of construction. Nothing in this Agreement shall obligate the City to install or complete any Improvements or to require the City to recover costs of Improvements from any person. E. Developer shall be permitted to provide cash payment in lieu (“Cash-in-lieu” or “CIL”) of certain Improvements as limited herein and set forth at EXHIBIT E. 1. In lieu of the obligations associated with particular improvements, and as set forth on Exhibit E, Developer shall provide compensation to the City in the amount of $ Identify amount in words and (####) within 30 days (“Due Date”) of the Effective Date of this Agreement. 2. If payment is not made in full by the Due Date, Developer shall pay an additional late charge equal to ten percent (10%) of the CIL amount. Additionally, interest shall accrue at the rate of twelve percent (12%) per annum on the unpaid balance computed from the Due Date. 3. Notwithstanding Article IV herein, under no circumstances shall Initial Acceptance of Improvements not subject to CIL occur where a CIL payment remains outstanding, including any interest or late charges, in whole or in part, and regardless of whether such amount is in dispute. 4. The required surety amount, as reflected by the cost estimates of Exhibits B and C and inclusive of the CIL eligible Improvements, may be reduced by the CIL payment amount actually received exclusive of any interest and late charges.Intentionally Deleted.1

IMPROVEMENTS REQUIRED. A. Developer shall provide the improvements or other performance requirements as set forth in Exhibits B and C (collectively, the “Improvements”) as follows: 1. Exhibit B, attached hereto and incorporated herein by this reference, identifies all required infrastructure improvements related to public roadways, right of ways, storm sewer systems, and sidewalks (including multiuse paths) (the “Infrastructure Improvements”). Required Infrastructure Improvements shall be detailed in construction plans to be approved by the City. 2. Exhibit C, attached hereto and incorporated herein by this reference, identifies all required improvements relating to or concerning landscaping for and along all roadways (including but not limited to principal and minor arterial roadways, major and minor collector roadways) and trails, in all private parks, and in open space areas and inclusive of sidewalks and trails outside the right of way, and all associated appurtenances (the “Landscape Improvements”). Required Landscape Improvements shall be detailed in landscape plans to be approved by the City. 3. Exhibits B and C include a description of Improvements and schedules, in a form acceptable to the City, of the estimated costs of Improvements to be accepted by the City. If construction of Infrastructure Improvements and/or installation of Landscape Improvements have not begun within one (1) year of the Effective Date, Developer shall submit to the City not later than ninety (90) days prior to commencement of construction or installation, as applicable, revised Exhibits B and/or C, as appropriate, providing then-current schedules of estimated costs for the applicable Improvements and compliant with all then-current laws, codes, rules, regulations, standards and specifications of the City. 4. Costs provided in Exhibits B and C are provided for surety estimates only and shall not be used to establish or alter construction standards or specifications. The omission of any particular improvement from city approved construction plans or development permits shall not modify the obligation to provide the Improvements. Nothing in this Agreement shall be interpreted to alter or amend the City’s Construction Standards and Specifications. B. Developer shall, at its sole expense, design, construct and install the Improvements for initial acceptance as provided in Section IV herein (“Initial Acceptance”) and shall repair the Improvements as necessary until final acceptance by the City as provided in Section V herein (“Final Acceptance”). C. Construction and landscape plans must be approved by the City prior to commencement of construction of Infrastructure Improvements or installation of Landscape Improvements. D. If the City or a third party designs and constructs any Improvements, the City or third party shall control the timing, scope, manner of design and construction and Developer shall grant the City or third party any easements, access, and right-of-way at no cost to the City necessary to construct such Improvements. In such a case, within the later of ninety (90) days of a written demand for payment or at the time of future development, Developer shall reimburse the City or third party for the actual costs of the design and construction of such Improvements, which costs shall be determined at the completion of construction. Nothing in this Agreement shall obligate the City to install or complete any Improvements or to require the City to recover costs of Improvements from any person. E. Developer shall be permitted to provide cash payment in lieu (“Cash-in-lieu” or “CIL”) of certain Improvements as limited herein and set forth at EXHIBIT E. 1. In lieu of the obligations associated with particular improvements, and as set forth on Exhibit E, Developer shall provide compensation to the City in the amount of $ Identify amount in words and Ninety seven thousand three hundred fifty (####$97,350) within 30 days (“Due Date”) of the Effective Date of this Agreement. 2. If payment is not made in full by the Due Date, Developer shall pay an additional late charge equal to ten percent (10%) of the CIL amount. Additionally, interest shall accrue at the rate of twelve percent (12%) per annum on the unpaid balance computed from the Due Date. 3. Notwithstanding Article IV herein, under no circumstances shall Initial Acceptance of Improvements not subject to CIL occur where a CIL payment remains outstanding, including any interest or late charges, in whole or in part, and regardless of whether such amount is in dispute. 4. The required surety amount, as reflected by the cost estimates of Exhibits B and C and inclusive of the CIL eligible Improvements, may be reduced by the CIL payment amount actually received exclusive of any interest and late charges.

IMPROVEMENTS REQUIRED. A. Developer shall provide the improvements or other performance requirements as set forth in Exhibits B and C (collectively, the “Improvements”) as follows: 1. Exhibit B, attached hereto and incorporated herein by this reference, identifies all required infrastructure improvements related to public roadways, right of ways, storm sewer systems, and sidewalks (including multiuse paths) (the “Infrastructure Improvements”). Required Infrastructure Improvements shall be detailed in construction plans to be approved by the City. 2. Exhibit C, attached hereto and incorporated herein by this reference, identifies all required improvements relating to or concerning landscaping for and along all roadways (including but not limited to principal and minor arterial roadways, major and minor collector roadways) and trails, in all private parks, and in open space areas and inclusive of sidewalks and trails outside the right of way, and all associated appurtenances (the “Landscape Improvements”). Required Landscape Improvements shall be detailed in landscape plans to be approved by the City. 3. Exhibits B and C include a description of Improvements and schedules, in a form acceptable to the City, of the estimated costs of Improvements to be accepted by the City. If construction of Infrastructure Improvements and/or installation of Landscape Improvements have not begun within one (1) year of the Effective Date, Developer shall submit to the City not later than ninety (90) days prior to commencement of construction or installation, as applicable, revised Exhibits B and/or C, as appropriate, providing then-current schedules of estimated costs for the applicable Improvements and compliant with all then-current laws, codes, rules, regulations, standards and specifications of the City. 4. Costs provided in Exhibits B and C are provided for surety estimates only and shall not be used to establish or alter construction standards or specifications. The omission of any particular improvement from city approved construction plans or development permits shall not modify the obligation to provide the Improvements. Nothing in this Agreement shall be interpreted to alter or amend the City’s Construction Standards and Specifications. B. Developer shall, at its sole expense, design, construct and install the Improvements for initial acceptance as provided in Section IV herein (“Initial Acceptance”) and shall repair the Improvements as necessary until final acceptance by the City as provided in Section V herein (“Final Acceptance”). C. Construction and landscape plans must be approved by the City prior to commencement of construction of Infrastructure Improvements or installation of Landscape Improvements. D. If the City or a third party designs and constructs any Improvements, the City or third party shall control the timing, scope, manner of design and construction and Developer shall grant the City or third party any easements, access, and right-of-way at no cost to the City necessary to construct such Improvements. In such a case, within the later of ninety (90) days of a written demand for payment or at the time of future development, Developer shall reimburse the City or third party for the actual costs of the design and construction of such Improvements, which costs shall be determined at the completion of construction. Nothing in this Agreement shall obligate the City to install or complete any Improvements or to require the City to recover costs of Improvements from any person. E. Developer shall be permitted to provide cash payment in lieu (“Cash-in-lieu” or “CIL”) of certain Improvements as limited herein and set forth at EXHIBIT E. 1. In lieu of the obligations associated with particular improvements, and as set forth on Exhibit E, Developer shall provide compensation to the City in the amount of $ Identify amount in words and zero dollars (####$0.00) within 30 days (“Due Date”) of the Effective Date of this Agreement. 2. If payment is not made in full by the Due Date, Developer shall pay an additional late charge equal to ten percent (10%) of the CIL amount. Additionally, interest shall accrue at the rate of twelve percent (12%) per annum on the unpaid balance computed from the Due Date. 3. Notwithstanding Article IV herein, under no circumstances shall Initial Acceptance of Improvements not subject to CIL occur where a CIL payment remains outstanding, including any interest or late charges, in whole or in part, and regardless of whether such amount is in dispute. 4. The required surety amount, as reflected by the cost estimates of Exhibits B and C and inclusive of the CIL eligible Improvements, may be reduced by the CIL payment amount actually received exclusive of any interest and late charges.