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(d) In addition to the Cit I obligation to reimburse the <br />Developer for certain of costs oY constructing the Public <br />Improvements, the City shall, at its own expense, obtain an <br />easement for the watermain pore5herenculdesacwestof <br />irthe <br />u1Improvements <br />the <br />from the property owners on th <br />Development Project. <br />Section 3.3. Limitations on Undertaking of the Cif. <br />(1) Notwithstanding the provisions of Sections 3.1 and <br />under <br />3.2., the City shall have no obligation to the Develop <br />er this Agreement to reimburse the Developer for the cost of the <br />Public Improvements, if the City, at the time or times such <br />payment is to be made is entitled under Section 4.1 to exercise <br />any of the remedies set forth therein as a reesuit oisan Evenld <br />of Default which has not been cured. If a payment <br />due to an Event of Default <br />which <br />of1Default hascured, <br />beensuch <br />curedpayment <br />shall be made after such Event <br />(2) The City's obligation to reimburse the Developer for <br />the cost of the Public Improvements shall be subject to the <br />Public Improvements having been publically bid, and to the <br />Developer submitting to the City a certification by a <br />registered engineer that the construction of the Public <br />Improvements has been completed in accordance with the plans <br />and specifications therefor, and evidence satisfactory to the <br />City of the cost incurred by the Developer for such completed <br />Public Improvements. <br />Section 3.4. Limitation of Costs; Methods of Payment. <br />(1) The sole source of funds from which the City is <br />obligated to reimburse the Developer -for the costs of the <br />Public Improvements is limited to Tax Increments, and nothing <br />herein shall be construed tv—ob-i-ig�Te the City to use any of <br />its general funds or other municipal funds to reimburse the <br />Developer for the cost of the Public Improvements. <br />The <br />aggregate amount, exclusive of administrative and legal costs, <br />which the City will devote from Tax Increments to the <br />construction of the Public Improvements is the lesser of <br />$S,QL000 or the amount the City Engineering Department estimates <br />if necessary to construct <br />Public <br />forcstsrelated loeto <br />no event <br />shall the Developer be reimbursed <br />engineering, design, staking or inspection during construction. <br />10 <br />