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and may foster economic development in and around the Zone. Nothing herein will require any <br />Party to grant any zoning or other development entitlement. <br />3.8. Station Locations. Final Station location decisions are subject to compliance with <br />National Environmental Policy Act (NEPA) requirements. In the event a final determination is <br />made under NEPA to adjust, extend or alter the location of the station in relation to a Zone <br />designated on the maps as Exhibit C. the Parties agree that they shall amend the description of <br />the Zone and the maps and listing of properties in Exhibit C to include any additional property <br />(as those properties are defined in Section 3.07) which, may be included within the one -half (1/2) <br />mile radius (except as otherwise provided in exhibits hereto) of the corresponding station <br />platform, subject to the terms and conditions of this Agreement. <br />ARTICLE 4 <br />RIGHTS AND OBLIGATIONS OF THE CITY <br />4.01. City areement to Participate. Subject to the limitations set out in this <br />Agreement, the City agrees to participate in the Zone by contributing to the Tax Increment Fund <br />its respective Tax Increment Payment each year during the term of this Agreement, beginning <br />with the Tax Increment calculated for the 2014 tax year. <br />4.02. Use of Contributions. The Parties hereto agree that the City's contribution to the <br />Tax Increment Fund shall only be used to fund the Project Costs. The Parties further agree, <br />however, that no monies shall be disbursed to the Rail District from the Tax Increment Fund <br />unless and until: a. the Rail District has a contractual agreement with Union Pacific to convey <br />the Union Pacific right of way to or for the benefit of the Rail District and has secured all <br />necessary capital funding to build the proposed rail bypass and the proposed passenger rail <br />transportation facilities; and b. the Rail District also has a financial plan and commitment for <br />capital funding and repayment for any loans or debt related to its capital funding. The two <br />-6- <br />