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the Developer's Adjusted Reserved Capacity. If the City verifies that the remaining capacity in <br />the Off-Site Improvements is sufficient to serve a request to com~ect to the Off-Site <br />Improvements by a person other than the Developer or its assigns, the City may approve the <br />request. To the extent that any such request exceeds the remaining capacity in the Off-Site <br />Improvements, the City agrees to deny the request. The City may provide alternative means for <br />water or wastewater service for persons whose water or wastewater service requests are denied <br />under this paragraph. <br /> <br /> E. The City will assess a water impact fee of $363/SU for the first 982 water service units <br />issued for development on the Property, using the City's water impact fee service unit <br />calculations formula in effect as of September 30, 2002. The City will thereafter assess water <br />impact fees for development on the Property at the rate and in accordance with the impact fee <br />service unit calculations then in effect. <br /> <br /> F. The City will assess a wastewater impact fee of $527/SU for the first 1,045 wastewater <br />service units issued for development on the Property, using the City's wastewater impact fee <br />service unit calculations formula in effect as of September 30, 2002. The City will thereafter <br />assess wastewater impact fees for development on the Property at the rate and in accordance with <br />the impact fee service unit calculations then in effect. <br /> <br /> G. The City will assist the Developer in acquiring easements needed for the Off-Site <br />hnprovements fi'om others. The City agrees to prepare legal documents for the acquisitions, and <br />to exercise its powers of eminent domain to acquire easements from others when the City and the <br />Developer agree this is necessary. All costs associated with the obtaining of easements from <br />others will be treated as costs of the Off-Site Improvements. <br /> <br /> H. The City will use its best efforts to move forward with plmmed water improvement <br />projects to provide water system reliability for the City's southeast service area that includes the <br />Property. <br /> <br /> I. The City agrees to credit the Developer for all parkland donated under Section 2.D <br />above with respect to parkland dedication requirements contained in the Development <br />Regulations. <br /> <br />4. Other City Fees. <br /> <br /> A. For City fees that are not specifically addressed in this Agreement, the Developer shall <br />pay those fees as established and amended from time to time by the City. <br /> <br /> B. The City may establish and collect an assessment or fee, sepm'ate from a water or <br />wastewater impact fee, for connections to the Off-Site Improvements, to recover oversizing and <br />related costs. The City agrees not to charge this assessment or fee to the Developer to the extent <br />that the Developer is requesting water or wastewater service within the Developer's Reserved <br />Capacity under Section 3.D above. <br /> <br />4 <br /> <br /> <br />