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Improvements so as to not interfere with or hinder Redeveloper's construction of the Minimum Improvements. The Public Improvements shall consist of the installation of the sidewalk along the north side of the Redevelopment Property. In addition to its obligation to construct the Public Improvements, the City will use its best efforts to complete as soon as reasonably possible construction of the sidewalk described on the Site Plan so that the sidewalk extends from Dale Street to Cohansey Boulevard. (b) The City shall not be obligated to commence construction of the Public Improvements unless and until the City determines that the estimated costs of the Public Improvements will not exceed the amounts available to the City, after deducting the City's other costs in connection with this Agreement, including costs referenced in the Plan, from the sources described in Section 8.2 of this Agreement, unless the Redeveloper either (i) agrees to pay the costs of any such deficiencles, or (ii) enters into an agreement petitioning for the public improvements and agreeing to pay any such deficiency by special assessments. If the Redeveloper requests the City to commence construction of the Public Improvements prior to the date that funds from the sources described at Section 8.2 are available to the City the Redeveloper shall petition for the Public Improvements and agree to pay the costs of the Public Improvements through special assessments. The amount of such special assessments shall thereafter be reduced by the amounts from the sources described in Section 8.2 when such amounts become available. Section 4.6 Second Phase of Redeveloper Improvements. Subject to the ability of Redeveloper to obtain satisfactory nano ng, the Redeveloper intends to construct an additional 70 units of elderly housing on the Development Parcel. Redeveloper's failure to construct such additional units shall not constitute an Event of Default under this Agreement. If the Redeveloper constructs such additional improvements the City agrees to consider, if requested by the Redeveloper, using tax increments generated by the additional improvements to finance additional public improvements to enhance the development. Section 4.7. Payment and Performance Bond. The Redeveloper shall furnish, or cause to be furnished from Redeveloper's contractors, to the CIty on or before the commencement of construction of the Minimum Improvements a payment bond and a performance bond with respect to construction of the Minimum Improvements and the payment of all obligations arising thereunder. The payment bond and the performance bond shall name the City as obligee or co - obligee, shall be in the amount of the contracts for the construction of the Minimum Improvements and shall be in such form and with such surety or sureties as the City may appru-.- 11