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(3) City shall be responsible for and pay the Community <br />Park's Share of the Detention Basin Construction Costs. <br />(iv) Final Accounting of Detention Basin Construction Costs. No <br />later than ten (10) days following City's acceptance of the Detention Basin Improvements, CLC <br />shall provide to each of the parties a detailed accounting of all of the Detention Basin <br />Construction Costs, each party's Proportionate Share of such costs, and the amount(s) each party <br />paid toward its Proportionate Share. If any party overpaid its Proportionate Share of such costs, <br />Chicago Title Company shall pay out of funds it is holding under the Disbursement Agreement <br />any overpayments made by a party. If any party underpaid its Proportionate Share of such costs, <br />such party shall deposit such underpayment no later than ten (10) days following receipt of the <br />final accounting with Chicago Title Company pursuant to the provisions of the Disbursement <br />Agreement. Any dispute under this Section 1.4(b)(iv) shall be resolved by binding arbitration <br />pursuant to Article 5. <br />1.5 Default. If a party defaults in its obligations pursuant to this Article 1, the <br />nondefaulting parties shall have the rights and remedies pursuant to this Agreement and pursuant <br />to the applicable provisions of the Declaration. <br />1.6 Maintenance of Detention Basin Improvements. City shall maintain and <br />operate the Detention Basin Improvements and the parties shall contribute to the Detention Basin <br />Maintenance Costs pursuant and subject to the applicable provisions of the Declaration in <br />proportion to each party's Proportionate Share. Nothing in this Section, the attached Declaration <br />nor in this Agreement precludes the City from establishing a maintenance or assessment district <br />in order to maintain and/or fund the maintenance of the Detention Basin Improvements. <br />ARTICLE 2 <br />OFF -SITE IMPROVEMENTS <br />CLC shall solely be responsible for the design and construction (subject to City approval) <br />of Street A, including any utilities located within the street right of way. <br />County shall be solely responsible for the design and construction (subject to City <br />approval) of all improvements within the Stoneridge Drive right of way, as shown on the Draft <br />Tentative Map, including street improvements to back of curb and all utilities (e.g., sewer, water, <br />storm drain, electrical, gas and conduit for fiber optics) necessary to serve all of the proposed <br />developments at Staples Ranch, including the Property. Utility stub outs will be provided to the <br />Property as determined by City. Utilities shall include a storm water conveyance system within <br />the Stoneridge Drive right of way from the property line of each parcel abutting the Stoneridge <br />Drive right of way created by the first Final Subdivision Map to the Property, as well as from the <br />Property to the Arroyo Mocho outfall structure located in the southwest corner of Staples Ranch. <br />If any permits other than City issued permits are required for these improvements, County shall <br />obtain such permits at no cost to the City or to Developers. <br />000299.0044\1087426.6 6 <br />