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IMPROVEMENTS AND REIMBURSEMENT AGREEMENT THIS AGREEMENT, made this day of t 1985, by and between TANURB DEVELOPMENTS INC., a corporation under the laws of the province of Ontario, Canada ("Tanurb"), CITY OF ROSEVILLE, a municipal corporation ("Roseville") WITNESSETH: Whereas, Tanurb is developing a Shopping Center ("Center") on certain real property in Roseville; Whereas, it is recognized that coordination problems may be reduced and mutual economies achieved if one party is responsible for construction of both public and private improvements on the shopping center property; Whereas, Tanurb and Roseville have agreed that Roseville would construct, at its own expense, certain pu,,_ic improvements, set forth on Exhibit A attached hereto ("improvements"), and that Roseville would be reimbursed for the cost of said Improve- ments through the special assessment process; and Whereas, the parties desire that Tanurb be responsible for construction of the improvements and that Tanurb be reimbursed for the cost of those improvements on or about the same times as Tanurb's contractor submits requests for payments relative thereto; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Tanurb agrees to take bids or solicit quotes to construct the public improvements in accordance with the plans and specifications attached hereto as Exhibit B ("plans"). Tanurb shall not proceed to award a contract for these improvements without securing the written approval of the City of Roseville, which approval shall not unreasonably be withheld. Roseville reserves the right to reject any bid or bidder if bid prices in excess - f the estimates in the feasibility study for Roseville Improvements No. 84-39 and 84-40. 2. Roseville hereby designates as their inspecting agent with respect to the improvements, whose responsibility shall be to review monthly draw requests with respect to the improve- ments submitted by Tanurb's contractor and to certify to Roseville, or deny certification of the fact, that the improvements for which payment is requested have been constructed in accordance with the plans ("review and certification"). Said review and certification shall be completed no later than the seventh (7th) day of any mon;':i within which payment with respect to the improvements is to be Made. If said certification is not received within the aforementioned seven (7) day period, Tanurb may assume and rely on the fact that the portion of the draw request relating to the improvements ("draw portion") has been certified by the