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In addition if Kelley is unable to obtain financing for the sewer line extension during the annexation process, she shall have the option to scale her project down to the fuel facility only and install on-site sewage retention (holding tank) and provide for proper pump and haul services at Kelley's sole cost. in lieu of the sewer line extension until such time as the sewer extension is installed. . The scaled down project shall be defined as a convenience store with a co-branded fast food restaurant with a total building size of not more than 6,000 square feet, the auto fueling island/canopy, and truck fueling islands/canopy. The proposed stand-alone restaurant, hotel and any other possible structures/businesses wilt not be permitted until such time as the sewer extension is installed. At such time as the sewer line extension is constructed, then Kelley shall connect to the system and be allowed to permit and build the balance of her project as currently designed with no additional conditions being placed on the project other than the ones in effect as part of this agreement. In exchange for Kelley's investment in the construction of said municipal sewer line, City agrees to waive sewer connection fees up to a maximum of Kelley's Unreimbursable Sewer tine Expense. The sewer line extension shall be designed to terminate at Kelley's property, and not be oversized for any other development currently outside of the Lathrop City limit or not directly serviceable from the current Point of Connection to and including Kelley's property. The initial design of the sewer line extension shall require that it be sized only to serve Kelley's property. City reserves the right to require Kelley, upon initiation of design of the sewer line to design and install an upsized Force Main Line beyond Kelley's sole requirements as long as the City agrees to pay the marginal increase in material hard costs of the larger line. This is intended to allow the existing properties along Harlan road between Kelley's property and the point of connection with the existing sewer line to connect to the new sewer fine extension, and is not intended to extend the sewer line beyond Kelley's property on the west side of 1-5 or north of Roth Road on either side of 1-5. 11. Kelley agrees to design and construct the municipal water line extension. Kelley agrees to design and Construct the municipal water line extension 10" diameter main up to 3000 linear feet from Roth Road/Harlan to the Subject Property at its cost and in conformance with City standards and subject to the City's review and design approval. The construction of the extension lines shall be approved by the City diligently upon receipt of complete, satisfactory plans. Thereshall be no unreasonable delay in the issuance of the building permits by the City. In exchange for Kelley's investment in the construction of said municipal water line, City agrees to waive water connection fees up to.a maximum of Kelley's expense incurred to construct said water line. City does not, however, agree to waive water use fees or water capacity fees. Water capacity fees are defined as those fees defined in City water tables established by Council action. The water usage fees are the monthly fees charged for water use using the City's standard formulas/calculations/fee schedules. The water connection fees are those fees normally attributable to extending water service to a property, and the pro rata share of previously constructed water infrastructure minus the water capacity fee(s) described previously. The water connection fee normally attributable to Kelley's project will be waived up to Kelley's cost of installing the water fine extension. The normal water connection fee (which is being waived) is that fee as show under Capital Facility Fees, 6