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7 <br />i. eliminate the cost excess by constructing some Identified <br />Improvements and delaying others until the next Phase, with <br />the City selecting which Identified Improvements to delay; or <br />ii. construct the Identified Improvements and preserve the cost <br />excess as trip generation credits. The excess trip generation <br />credits may be applied against system-wide transportation <br />mitigation fees due for any subsequent Project Phase. <br />d. It is anticipated that all Identified Improvements can be constructed by <br />EHA for less than the amount of the total transportation mitigation fees <br />for all Project Phases. Regardless of anything to the contrary in this <br />Section 4.D.(1), EHA is not obligated to complete all Identified <br />Improvements if the construction cost of all Identified Improvements <br />exceeds the total transportation mitigation fees for all Project Phases; <br />however, in that situation the City will select which Identified <br />Improvements will be omitted in order to eliminate the excess. <br />(2) School District. EHA shall pay fees for each portion of the Project in accordance <br />with chapter 19.52 EMC (or successor code) in effect at the time of building <br />permit issuance for such portion. <br />(3) Parks. EHA shall pay fees for each portion of the Project in accordance with <br />chapter 19.53 EMC (or successor code) in effect at the time of building permit <br />issuance for such portion. <br />E. Phasing and Interim Conditions <br />(1) The timing of buildings, uses, and site improvements is dependent on the real <br />estate market variables, development and operational costs, and the capacity <br />of commercial and civic tenants and partners. <br />(2) In the event that Project improvements are proposed in a sequence that <br />would result in permanent public improvements having to be demolished <br />when later improvements are constructed, the City may allow for interim <br />public improvements in order to maintain reasonable public access during all <br />Project Phases until Project completion. <br />(3) Each Project Phase must construct improvements necessary to comply with all <br />applicable requirements for that phase, including, but not limited to, parking, <br />utilities, fire access, and landscaping. <br />(4) EHA shall assess on-site parking conditions after each Project Phase is <br />occupied. This assessment shall detail actual on-site parking supply and <br />occupancy, including parking located along public rights-of-way. Depending on <br />actual parking occupancy, EHA may request modification of parking <br />requirements for future Project Phases. This may include reduced off-street <br />parking, on street parking and/or modified TDM and Parking Management