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i~ <br />• • <br />• <br />-3- <br />agency having jurisdiction. City reserves the right to appeal any <br />such state or federal order; provided, however, City shall not withhold <br />payment of such refund pending the final determination of such appeal. <br />4. City agrees with Kay Homes, that it will not, after the <br />effective date of this Agreement, issue any building permits in the <br />area which formerly comprised College View Municipal Utility District, <br />with terms and conditions more favorable than those accorded~Kay Homes <br />herein. If City issues any building permits in said area with terms <br />• more favorable than those accorded Kay Homes herein, City agrees to <br />amend this Agreement to embrace the more favorable terms of such <br />building permits, and make pro-rata refunds to Kay Homes. A single <br />family residential Capital Cost Recovery Fee of One Thousand Dollars <br />($1,000.00) per lot shall be considered the basis of this Agreement. <br />WITNESS OUR HANDS, this the 21st day of February, 1984. <br />CITY OF LA PORTE <br />By: <br />Virginia Cline, Mayor <br />ATTEST: <br />• <br />City Secretary <br />APPROVED: <br />.. <br />• City ttorney <br />G3 ~~ <br />