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<br />8/20/2003 <br />permits and approvals from the City and all other governmental officials and agencies having <br />jurisdiction (including the approvals required under the La Porte Agreement), provide <br />supervision of all phases of construction of the Public Improvements, provide periodic reports as <br />requested and required by the La Porte Authority of such construction to the La Porte Board with <br />copies to the City, and cause the construction to be performed in accordance with the Plans and <br />Specifications. <br /> <br />4.2 Design of the Public Improvements. The Developer shall prepare or cause to be <br />prepared the Plans and Specifications for the Public Improvements. Prior to the commencement <br />of construction or implementation ofthe Public Improvements, the Plans and Specifications must <br />be submitted to and approved by the City and all other regulatory authorities having jurisdiction. <br />Once the City has approved the Plans and Specifications, no changes thereto can be made <br />without the express written approval of the City, the Zone Board, and the La Porte Authority. <br /> <br />4.3 Completion. On the later of completion of the construction of the Public <br />Improvements or thirty days after this agreement is executed, Developer shall provide the La <br />Porte Authority and the City with a final cost summary of all costs associated with such Public <br />Improvements, a certificate of Completion and evidence that all amounts owing to contractors <br />and subcontractors have been paid in full evidenced by customary affidavits executed by such <br />contractors. <br /> <br />4.4 Conveyance of Easements. If applicable, the Developer shall grant the City and <br />the La Porte Authority all required temporary construction and access easements necessary to <br />maintain the Public Improvements. The easements granted must be satisfactory for the intended <br />purpose as determined by the City. On property owned by the La Porte Authority, the La Porte <br />Authority shall grant the Developer at no cost all required temporary construction and access <br />easements necessary to install the Public Improvements. <br /> <br />4.5 Payment of Fees. If applicable, Developer agrees to pay all monthly rates and <br />charges for water and sewer services and shall pay all applicable City building permit fees for the <br />Public Improvements. <br /> <br />4.6 Cooperation. Developer agrees that it will cooperate with the La Porte Zone and <br />the La Porte Authority and Developer will provide all necessary information to the La Porte <br />Authority and its consultants in order to assist the La Porte Authority in complying with the La <br />Porte Agreement, including, without limitation, the completion of the audit and construction <br />audit required therein. <br /> <br />4.7 Ad Valorem Taxes. The Developer agrees that all real property within the Project <br />Site will be valued for taxation in accordance with Section 23.01, Texas Tax Code and as <br />hereinafter may be amended, and that it will not request such property to be valued for taxation <br />on the basis of inventory as permitted by Section 23.12, Texas Tax Code and as hereinafter may <br />be amended. <br /> <br />7 <br />