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<br />(iv) <br /> <br />Exactions imposed by City after the Effective Date which are <br /> <br />applicable to all properties or to all commercial properties within <br /> <br />City's boundaries if those Exactions are not imposed: <br /> <br />(A) <br /> <br />In lieu of or for the purpose of financing the construction <br /> <br />of, or for providing, any of the Facilities; or <br /> <br />(B) <br /> <br />For any other purpose for which Exactions exist on or <br /> <br />prior to the Effective Date under the Existing <br /> <br />Development Regulations. <br /> <br />(f) <br /> <br />Exactions that are in conflict with this Agreement include but are not <br /> <br />limited to: <br /> <br />(i) <br /> <br />Exactions for connection to City water mains (except fees or <br /> <br /> <br />charges to defray City's costs to install public meters and connect <br /> <br />the meters to said water mains), sanitary sewerage mains, and <br /> <br />storm water drainage lines; or <br /> <br />(ii) <br /> <br />Exactions (including without limitation, a Sewer System Capital <br /> <br />Facilities Fee, Wastewater Treatment Capacity Fee, or Water <br /> <br />System Capital Facilities Fee) for the purpose of constructing the <br /> <br />Facilities. <br /> <br />(g) <br /> <br />Where the Exactions listed in Exhibit E are calculated based on the cost <br /> <br />of construction, City shall calculate those fees based on the probable actual cost of <br /> <br />construction as reasonably determined by Flatirons based on a bonafide bid or <br /> <br />estimate from a reputable general contractor. <br /> <br />-27- <br /> <br />DV AGR0'3.rxJC <br />August 26, 1996 <br />