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approvals, permits, or authorizations and shall not take any action that would unreasonably hinder
<br />Developer's efforts to obtain the same. The City's cooperation and assistance as described herein shall not
<br />obligate the City to provide any financial contribution or financial assistance in connection with such
<br />approvals or permits. Approval by the City Engineer under this Agreement may be evidenced by the
<br />issuance of a permit by the City or by a written approval letter. Should the Eastern Segment Approved
<br />Plans, the Western Segment Approved Plans, this Agreement, or other applicable written agreement(s)
<br />between the Developer and the City conflict with applicable City ordinances and/or regulations, the
<br />Developer, the City, and the TIRZ Board agree that the Eastern Segment Approved Plans, the Western
<br />Segment Approved Plans, this Agreement, or other applicable written agreement(s) between the Developer
<br />and the City shall govern with respect to the design and construction of the Forestbrook Blvd Project,
<br />unless the Developer, the City, and the TIRZ Board agree otherwise in writing. Both the Forestbrook Blvd
<br />Eastern Segment and the Forestbrook Blvd Western Segment shall be constructed with seven (7) inch
<br />concrete of at least 3,000 PSI, reinforced with #4 rebar on an eighteen (18) inch grid pattern. The subgrade
<br />shall be stabilized either by lime stabilization in accordance with a geotechnical report and City
<br />specifications as of the Effective Date, not to exceed six percent (6%) lime and a one (1) foot overbuild,
<br />or by either six (6) inches of TxDOT Flexbase #247 or six (6) inches of select fill with a plasticity index of 0-
<br />15, with a one (1) foot overbuild, or as otherwise proposed by Developer and approved in writing by the City
<br />Engineer. Construction of both Segments shall include the utilities and infrastructure set forth inthe Eastern
<br />Segment Approved Plans and the Western Segment Approved Plans, including, to the extent reflected
<br />therein, water utilities to service fire hydrants and landscaping irrigation located within the medians, water
<br />line crossings for future development within the TIRZ, a storm drainage system, and electrical
<br />infrastructure to power streetlights located within the medians. The size, capacity, location, and extent of
<br />all such utilities and infrastructure shall be as set forth in the applicable Approved Plans. Sanitary sewer and
<br />natural gas crossings shall be installed beneath both Segments per the Approved Plans during construction
<br />to avoid the need for directional boring; provided, however, that installation of sanitary sewer and natural
<br />gas main lines shall not be required for the construction of either Segment. Upon completion of
<br />construction of each Segment, such Segment, together with all associated infrastructure constructed as part
<br />of such Segment and reflected in the Approved Plans, including any required offsite improvements, shall
<br />be dedicated to the City and shall be maintained by the City, with all ongoing operational and utility costs
<br />associated therewith shall be the responsibility of the City.
<br />(c) In accordance with Chapter 2253 of the Texas Government Code, the Developer
<br />shall, prior to beginning construction on a Forestbrook Blvd Project or Segment of the Forestbrook Blvd
<br />Project, cause its general contractor or general contractors to obtain payment and performance bonds, in
<br />the whole amount of each prime contract, naming the City as the Obligee, in accordance with Chapter
<br />2253 of the Texas Government Code for the Forestbrook Blvd Project or phase of the Forestbrook Blvd
<br />Project in their respective contracts. The Developer shall obtain said bond in the event the general
<br />contractor or general contractors fails to procure said bond. The Developer shall submit evidence of
<br />payment andperformance bonds as a condition of entitlement to TIRZ Revenues under this Agreement. The
<br />Developer shall submit the original payment and performance bonds to the City for inspection and retention
<br />immediately upon obtaining them, and shall attach copies of the bonds as a condition of entitlement to
<br />TIRZ Revenues under this Agreement. Without limiting other material breaches, failure of the Developer
<br />to comply with this section or Chapter 2253 of the Texas Government Code is a material breach of this
<br />Agreement, and the City may terminate this Agreement and exercise any and all remedies allowed under
<br />law if not remedied by Developer within the Remedy Period as defined in Section 7.2(d).
<br />(d) The Developer shall diligently proceed to supervise and construct the Forestbrook
<br />Blvd Project and pay all costs related thereto substantially in accordance with applicable federal, state and
<br />local laws and ordinances, and the plans and specifications approved by the appropriate department of the
<br />4899-7656-8688.v12
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