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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 stormwater 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 stormwater 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 />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 PERMIT TEE 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 />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 />