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<br />e <br /> <br />e <br /> <br />(5) Developer Cost. as described in Article (4) above, shaH be divided into two (2) participations. <br />For the initial participation, Developer hereby agrees to construct, at his sole cost and expense, <br />the initial 100 feet of Caniff Road as itemized and further described in Exhibit "B" attached <br />hereto. This portion of Caniff Road shall be constructed concurrent with the construction of <br />Summer Winds, Section One. Developer's Engineer shall be responsible for tlle preparation of <br />plans for the construction of the initial 100 feet of Caniff Road. The initial 100 feet of Caniff <br />Road along with the other improvements for Summer Winds, Section One, shall be completcO <br />and accepted by the City before the City will release the Final Plat of Summer Winds, Section <br />One for recordation. <br /> <br />(6) The balance of the Developer's partiCipation with the City, which is calculated to be <br />$25,640.57, shall be paid to the City before City approval of any subsequent development, <br />residential or commercial, of property owned by developer as shown on Exhibit" A" attachcd <br />hereto. <br /> <br />(7) Construction 'of all or any subsequent portion of Roadway Improvements shall be fully at thc <br />City's discretion whenever the Roadway Improvements are deemed necessary by tlle City. <br /> <br />IN WITNESS WHEREOF, the Parties to these present have executed this agreement ill <br />several counterparts, each of which shall be deemed an original, in the year and day firsl <br />mentioned above. <br /> <br />CITY OF LA PORTE <br /> <br />(Seal) <br /> <br />A~ <br />B. . 1hll1 cf1ilitL( <br />(Secretary) <br />(Seal) <br /> <br />BY:~~ T.~ <br />TITLE: c:.\~ Y"\~IL. <br /> <br />OVVNER: SUMMERWINDS, L.L.C. <br /> <br />BY: ~ tV. /AJ~~ <br /> <br />TITLE: V. PRES., SECRETARY <br /> <br />(Witness) <br /> <br /> <br />(Address/Zip Code) <br />1802 PRESTON <br />PASADENA, TX 77501 <br /> <br />~t/~; <br />(CitY Attorney) <br /> <br />Note: City Secretary should attest: If Owner is a corporation, Secretary of Corporation should <br />attest. Signatures are to be notarized. <br />