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to any TIRZ Revenues attributable to the Forestbrook Blvd Eastern Segment, all of which shall remain
<br />payable to Developer in accordance with this Agreement.
<br />3.9 Cost of Utilities, Permit Fees, Inspections and Testing, and Future Fees. Developer
<br />shall pay, or cause to be paid, monthly rates and charges for all utilities (including but not limited to water,
<br />electricity, and sewer services) used by Developer in all areas owned by Developer during construction of
<br />the Forestbrook Blvd Project. Due to Developer's contribution to Forestbrook Boulevard, the City shall
<br />waive any and all permit fees, inspection fees, and testing fees required for the construction of Forestbrook
<br />Boulevard by Developer. Furthermore, for any development occurring within the Forestbrook Planned
<br />Development Zoning Ordinance 2022-066, the City agrees not to impose or implement any new fees,
<br />including but not limited to impact fees, that do not exist as of the date Zoning Ordinance 2022-066 was
<br />passed, in connection with the construction, use, or development of such areas, except for the monthly
<br />utility rates and charges referenced above.
<br />3.10 Eminent Domain. The Parties acknowledge that the Developer may be required to acquire
<br />certain Off -Site Property rights and interests to allow for certain Forestbrook Blvd Project infrastructure
<br />and specifications to be constructed to serve the Property. Developer shall use commercially reasonable
<br />efforts, which shall include providing to landowner a bona fide offer, survey, and appraisal, to obtain all
<br />third -Party rights-of-way, consents, or easements, if any, needed to construct Forestbrook Blvd Project
<br />infrastructure, including any off-site infrastructure on Off -Site Property necessary for the Forestbrook
<br />Blvd Project. If, however, Developer is unable to obtain such third -Party rights-of-way, consents, or
<br />easements within ninety (90) days of providing the landowner bona fide offer, survey, and appraisal to
<br />obtain the needed rights-of-way, consents, or easements, then, as a condition to requiring the Developer to
<br />construct off-site improvements, the City shall take reasonable steps to secure same for any such portion
<br />of the TIRZ Property through the use of the City's power of eminent domain and the City will use all
<br />reasonable efforts to expedite such condemnation procedures so that the Forestbrook Blvd Project can
<br />be constructed as soon as reasonably practicable. Nothing in this subsection is intended to constitute a
<br />delegation of the police powers or governmental authority of the City, and the City reserves the right, at
<br />all times, to control its proceedings in eminent domain.
<br />IV.
<br />CITY AND DEVELOPER COVENANTS
<br />4.1 The City. The City hereby represents and warrants to the Developer that the City has full
<br />constitutional and lawful right, power and authority, under currently applicable law, to execute and deliver
<br />and perform the terms and obligations of this Agreement, and all of the foregoing have been or will be
<br />duly and validly authorized and approved by all necessary City proceedings, findings and actions.
<br />Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, is enforceable
<br />in accordance with its terms and provisions and does not require the consent of any other governmental
<br />authority.
<br />4.2 The Developer. The Developer hereby represents and warrants to the City that the
<br />Developer has full lawful right, power and authority to execute and deliver and perform the terms and
<br />obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized
<br />and approved by all necessary actions of the Developer.
<br />4899-7656-8688.v12
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