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<br /> II ;¡{3 <br /> - Page 3 <br /> agrees to waive all City fees (the "Fee Waivers") associated with subdivision platting, utility <br /> connections, building permits and inspections associated with the construction of the <br /> Project. The Fee Waiver will not extend to water and wastewater impact fees charged by <br /> the City. Any of these fees that have already been paid will be refunded by the City. <br /> 4. DEFAULT <br /> A. The City Council may declare a default under this Agreement if the <br /> Developers <br /> 1. fail to complete construction of the Improvements by the deadline set <br /> out in Section 2; <br /> 2. refuse, fail or neglect to comply with any of the terms of this <br /> Agreement; <br /> 3. made any representation in this Agreement or in the application to the <br /> City for infill development incentives that is false -or misleading in any <br /> material respect; or <br /> 4. allow ad valorem taxes on the Property owed to the City to become <br /> delinquent and fail to timely and properly protest or contest the taxes. <br /> B. If the City Manager determines that the Developers are in default of this <br /> Agreement, the City Manager will notify the Developers in writing, and if the default is not <br /> cured within 30 days of the date of the notice (t!1e "Cure Period"), then the City Council <br /> may terminate this Agreement. No cure is allowed for defaults involving the failure to pay <br /> ad valorem taxes on the Property. <br /> C. If this Agreement is terminated under this Section, then the Developers will <br /> pay to the City the total amount of the Fee Waiver within 30 days of the date of the date <br /> of the termination. The City may record a lien against the Property for any amount of the <br /> Fee Waiver that remains unpaid after that date. <br />