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of the sidewalk, curb and gutter, respectively. In the event that the undergrounding of <br />the utilities along Middlefield Road does not commence within five (5) years from the <br />Effective Date, the In Lieu Fees may be used by City in connection with any utility <br />undergrounding project with the City. In the event that Owner pays the In Lieu Fees, <br />but fails to commence the construction of the foundations for the building located on the <br />Property prior to the Second Anniversary date of the Effective Date, City shall <br />reimburse the In Lieu Fees to Owner. No interest on the In Lieu Fees shall be due and <br />payable to Owner· <br /> <br /> (B) OWNER SHALL ELECT TO EITHER PROCEED WITH THE <br />CONSTRUCTION OF THE IMPROVEMENTS DESCRIBED IN THIS PARAGRAPH <br />AND ON EXHIBIT "E," OR PAY THE IN LIEU FEES PRIOR TO THE ISSUANCE OF <br />THE FOUNDATION BUILDING PERMIT. <br /> <br />8. Off-Site Facilities; Design of Off-Site Facilities. <br /> <br />(a) The Off-Site Fa(:ilities to be constructed by Owner are listed on Exhibit "E." All <br />Off-Site Facilitie~ shall be completed prior to the issuance of an Occupancy Permit <br />except as to those Off-Site Facilities for which In Lieu Fees were paid prior to the <br />issuance of a Foundation Building Permit. <br /> <br />(b) All Facilities must be designed and constructed in accordance with City <br />standards for public improvements and in accordance with plans and specifications <br />approved by City's Engineering Department. <br /> <br /> -8- <br /> <br /> FX$:dr <br /> 02/04/02R. 02/12/02R <br /> <br /> <br />