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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 <br /> 7 <br />