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d. Water and Sanitary Sewer Lateral Fees. The Property is not subject to standard <br /> sanitary sewer and water lateral fees. Water and sanitary sewer improvements are <br /> being constructed pursuant to the Assessment Agreement. <br /> e. Stormwater Management Fee. The current stoimwater management fee is $4,465 <br /> per commercial acre. The amount due for Lot 1, Block 1 of the Plat is Two <br /> Hundred Fifty Thousand Forty and No/100 Dollars ($4,465.00 x 56 acres= <br /> $250,040.00). The acreage is based on a permeable surface calculation instead of <br /> a gross acreage calculation. PERMITTEE's obligations with respect thereto are <br /> provided in the Assessment Agreement, and the actual costs of stormwater <br /> facilities part of the Stage I City Improvements (as such term was defined in the <br /> Original Development Agreement)payable by PERMITTEE pursuant to the <br /> Assessment Agreement shall be credited against the stoimwater management fee <br /> for the Plat. <br /> f. Future Development Fees. PERMITTEE agrees that, except as otherwise <br /> provided in the Assessment Agreement,none of the above fees are being <br /> collected for any of Outlots A, B or D in the Plat, and therefore said outlots are <br /> { <br /> subject to similar fees at a future date when such outlots are subdivided for <br /> development, but such fees shall not be duplicative of fees assessed to Outlots A, <br /> B and D pursuant to the Assessment Agreement. <br /> 5. Miscellaneous. <br /> a. Proof of Authority. The CITY requires PERMITTEE to provide proof of <br /> authority by its governing board to execute this Agreement. This proof of <br /> authority may be satisfied by providing the CITY with a certified copy of the <br /> i <br /> minutes of the governing board of PERMITTEE. <br /> b. Contract Binding On Successors and Assigns. This Agreement shall be binding <br /> upon the parties, and their respective successors and assigns. <br /> 6. Requirements for Issuance of Building Permits within the Plat. <br /> a. The PERMITTEE shall enter into a new development agreement for private <br /> improvements per City Code Section 117-54. The PERMITTEE shall be <br /> responsible for installing improvements required by Chapter 117 in effect at the <br /> time of approval. <br /> b. The PERMITTEE shall not be in default of amounts owing under the <br /> Assessment Agreement. <br /> 7. Notices. All notices required or permitted by this Agreement to be given to a party shall <br /> be in writing, and shall be either personally delivered or mailed by certified or registered <br /> mail to such party at the following address or such other address as such party shall <br /> specify in a notice to the other party: <br /> ALPHA DEVELOPMENT <br /> Amended Development Contract <br /> -3- <br /> 3351371v9 <br />