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"County" shall mean Lamar County, Texas, a political subdivision of the State of Texas. <br />"Effective Date" shall mean the latest of the execution of this Agreement by the City Council and <br />the Developer. <br />"Force Majeure" shall mean circumstances which are beyond the reasonable control of the <br />applicable Party (which circumstances may include, without limitation, pending or threatened litigation, <br />acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather <br />conditions [such as tornadoes], labor action, strikes, delay of needed permit(s), agreements, or approvals <br />from any government entity or agency, or similar acts). <br />"Forestbrook Blvd Project" shall mean the construction and improvements to Forestbrook <br />Boulevard, a four -lane divided thoroughfare with landscaped medians and turn lanes within an eighty (80) <br />foot right-of-way which connects Loop Highway 286, where Parcel ID 21140 meets Loop Highway 286, <br />to South Collegiate Drive, directly south of the Red River Valley Veterans Memorial, with a trajectory as <br />depicted on Exhibit B, including but not limited to costs associated with land acquisition for right-of-way, <br />constructing sidewalks, constructing road(s), landscaping, lighting, water and sewer facilities, gas and <br />electrical facilities, pedestrian malls and walkways, parks, storm drainage, and other improvements <br />pursuant to the TIRZ Act. <br />"Forestbrook Blvd Eastern Segment" shall mean the portion of the Forestbrook Blvd Project <br />consisting of at least the first 3,400 linear feet of roadway, commencing at the intersection of the <br />Forestbrook Blvd Project with Loop Highway 286 and extending westward along the centerline of the <br />Forestbrook Blvd Project toward South Collegiate Drive for a distance of no less than 3,400 linear feet, <br />the endpoint of which shall be designated by Developer in its sole discretion. <br />"Forestbrook Blvd Western Segment" shall mean the portion of the Forestbrook Blvd Project <br />commencing at the intersection of the Forestbrook Blvd Project with South Collegiate Drive just south of <br />the Red River Valley Veterans Memorial as of the Effective Date, and extending eastward along the <br />centerline of the Forestbrook Blvd Project to the western terminus of the Forestbrook Blvd Eastern <br />Segment. <br />"Forestbrook Blvd Eastern Segment TIRZ Revenue" shall mean the City tax increment pledged to <br />be paid into the TIRZ Increment Fund from the portion of the TIRZ Property identified in Exhibit A, <br />pursuant to this Agreement and the Project and Finance Plan adopted by the City pursuant to Chapter 311 <br />of the Texas Tax Code, as amended. <br />"Forestbrook Blvd Western Segment TIRZ Revenue" shall mean the City tax increment pledged <br />to be paid into the TIRZ Increment Fund from the portion of the TIRZ Property identified in Exhibit A, <br />pursuant to this Agreement and the Project and Finance Plan adopted by the City pursuant to Chapter 311 <br />of the Texas Tax Code, as amended. <br />"Forestbrook Blvd Project Costs" shall mean the various public works and improvements listed on <br />Exhibit C. <br />"Off -Site Property" shall mean any property not located within the Forestbrook Planned <br />Development Zoning Ordinance 2022-066 and not owned by Developer. <br />4899-7656-8688.v12 <br />