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information as City deems necessary to ensure that the constructJon conforms to the <br /> Existing Development Regulations, the Existing Approvals, and this Agreement. <br /> <br /> 7. Facilities Fees and Other Exactions; In Lieu Fees. <br /> <br /> (a) Owner shall pay as they become due: <br /> <br /> (1) Those applicable fees and Exactions listed on Exhibit "D" to this Agreement; <br /> <br /> (2) The Fees to be paid by Owner pursuant to Owner's election as set forth on <br /> Exhibit "E,' shall be paid prior to the issuance of a Foundation Building Permit and shall <br /> be earmarked by City for the improvements which are subject to the Fees. <br /> <br /> (i) Middlefield Road: Undergrounding of the utilities along the Property; <br /> <br /> (ii) Willow Street: Curb, gutter, street improvements beginning at a point 150' North of <br /> Middlefield Road to Stambaugh Street, as more fully described on Exhibit "E." <br /> <br />In the event that Owner elects to pay the Fees and the undergrounding of the utilities <br />along Middlefield Road does not commence within five (5) years from the Effective <br />Date, the Fees paid by Owner for the undergrounding may be used by City in <br />connection with any utility undergrounding project within the City. In the event that <br />Owner pays the Fees, but fails to commence the construction of the foundations for the <br />building located on the Property prior to the Second Anniversary date of the Effective <br />Date, and that this Agreement is terminated, City shall reimburse the Fees paid by <br />Owner to Owner. No interest on the Fees shall be due and payable to Owner. <br /> <br />(b) Owner shall elect to either proceed with the construction of the improvements <br />described in this paragraph and as further described on Exhibit "E," or pay the Fees <br />prior to the issuance of the Foundation Building Permit. <br /> <br /> -8- <br />op~er0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />