No Meeting Packet, La Porte TIRZ, Development Agreement (HMH La Porte Land LLC)

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contractors and subcontractors have been paid in full evidenced by customary affidavits executed by such contractors. 4.4 . If applicable, the Developer shall grant the City and the Authority all required temporary construction and access easements necessary to maintain the Public Improvements. The easements granted must be satisfactory for the intended purpose as determined by the City. On property owned by the Authority, the Authority shall grant the Developer at no cost all required temporary construction and access easements necessary to install the Public Improvements. 4.5 . If applicable, Developer agrees to pay any monthly rates and charges for water and sewer services and shall pay all applicable City building permit fees for the Public Improvements. 4.6 . Developer agrees that it will cooperate with the Zone and the Authority and Developer will provide all necessary information to the Authority and its consultants in order to assist the Authority in complying with the Tri-Party Agreement, including, without limitation, the completion of the audit and construction audit required therein. 4.7 . The Developer agrees that all real property within the Project Site will be valued for taxation in accordance with Section 23.01, Texas Tax Code, as hereinafter may be amended, and that it will not request such property to be valued for taxation on the basis of inventory as permitted by Section 23.12, Texas Tax Code and as hereinafter may be amended. 4.8 . The Developer shall not make any change in the Project as to the uses of the property or change the boundaries within the Project Site without the express written consent of the City, the Authority Board and the Zone Board. 4.9 . The Developer expressly understands and agrees that neither as defined in Section 245.001 of the Texas Local Government Code, or an application therefor; and, as such, expiration date or other requirement in effect at the time of execution of this Agreement or at the time any approval pursuant to the terms hereof is obtained. To this end, Developer, for itself, its officers, agents, employees, successors and assigns, hereby releases and holds harmless the City, the Authority and the Zone from any claim or cause of action involving vested rights, including, but not limited to, such a right claimed pursuant to Chapter 245 of the Texas Local Government Code, arising out of this Agreement or the approvals required to be obtained herein. ARTICLE 5 DUTIES AND RESPONSIBILITIES OF THE AUTHORITY 5.1 . The Authority shall pay or reimburse to Developer the Project Costs in the amount of the actual costs of the Public Improvements, less any sums paid to Developer by any public improvement district within which the Project is located now or in the future for Project Costs, subject to the conditions of and provided by Articles 3 and 4. The total, actual Project Costs of the Public Improvements is estimated to be $8,580,296.95. Attached hereto as Exhibit B is a detailed description of the engineering estimates of the Public 7 011782.0153271 EMF_US 84032577v3