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ARTICLE I <br />DEFINITIONS; APPROVAL OF AGREEMENTS <br />Definitions. Capitalized terms used but not defined in this Agreement (including the <br />exhibits hereto) shall have the meanings given to them in the PID Financing Agreement. <br />Affirmation of Recitals. The matters set forth in the Recitals of this Agreement are true <br />and correct and are incorporated in this Agreement as official findings of the City Council. <br />ARTICLE II <br />AGREEMENT OF LANDOWNER <br />A. Landowner ratifies, confirms, accepts, agrees to, and approves: <br />(i) the creation of the District, the boundaries of the District, and the boundaries <br />of the Assessed Parcels; <br />(ii) the location and construction of the Public Improvements; <br />(iii) the determinations and findings of special benefit to the Assessed Parcels <br />made by the City Council in the Assessment Ordinance and Service and Assessment Plan; <br />and <br />(iv) the Assessment Ordinance and the Service and Assessment Plan. <br />B. Landowner consents, acknowledges, accepts, and agrees: <br />(i) to the Special Assessments to be levied against the applicable Assessed <br />Parcels as shown on the Assessment Roll, as the Assessment Roll may be amended from <br />time to time; <br />(ii) that the Public Improvements and administration and operation of the <br />District confer a special benefit on the Assessed Parcels in an amount that exceeds the <br />Special Assessments against the Assessed Parcels as shown on the Assessment Roll; <br />(iii) that the Special Assessments against the Assessed Parcels are final, <br />conclusive, and binding upon the Landowner and its successors and assigns; <br />(iv) to pay the Special Assessments and Annual Installments against the <br />Assessed Parcels when due and in the amounts stated in the Assessment Ordinance, Service <br />and Assessment Plan, and Assessment Roll, <br />(v) that each Special Assessment or reassessment against the Assessed Parcels, <br />with interest, the expense of collection, and reasonable attorney's fees, if incurred, is a first <br />and prior lien against the Assessed Parcels, superior to all other liens and monetary claims <br />except liens or monetary claims for state, county, school district, or municipal ad valorem <br />taxes, and is a personal liability of and charge against the owner of the Assessed Parcels <br />regardless of whether the owner is named; <br />Landowner Agreement (Trace PID) Q Final <br />