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<br />5 <br />529986v2 JSB TW185-2 <br />Property, including without limitation the presence of Hazardous Substances (as defined in the <br />MDA) in, on, or under the Water Tower Property, including without limitation: (a) any claims <br />under or on account of Environmental Laws (as defined in the MDA); or (b) any other federal, <br />state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or <br />otherwise in any manner relates to, the physical or environmental condition or use of the Water <br />Tower Property. The closing date will be on or before the date 90 days after the Water Demand <br />Date (the “Closing Date”). <br />(j) The City agrees to own, operate and maintain the Water Tower and Water <br />Tower Property in accordance with City standards consistent with comparable facilities in the <br />City. <br />7. Fee Schedule. <br />(a) Pursuant to the terms of the JPA, all development fees are to be collected <br />by the JDA. The development fees applicable to the development of the Site are those usual and <br />customary fees charged by the City in its redevelopment activity. <br />(b) The parties acknowledge that the fees shown in Exhibit E (the “Fee <br />Schedule”), attached hereto, shall be the fees applicable to the redevelopment of the Site and <br />shall constitute the fees to be imposed by the JDA. In the event that the Fee Schedule conflicts <br />with any provision of the City’s fee schedule, the Fee Schedule attached hereto shall prevail. The <br />fees included in the Fee Schedule shall be adjusted annually in accordance with the Consumer <br />Pricing Index but otherwise may only be changed by amendment to this Agreement, signed by <br />both parties. <br />(c) The Parties acknowledge that, although the City typically collects sewer <br />access charges on behalf of and payable to the Metropolitan Council, there are no sewer access <br />charges due and payable to the Metropolitan Council with respect to the TCAAP Site; therefore, <br />other than the City SAC to be charged in accordance with this Agreement, neither the JDA nor <br />the City will impose or collect any Metropolitan Council sewer access charges in connection <br />with any Vertical Development or any other improvement of the TCAAP Site. <br />8. Maintenance Responsibilities; Special Taxing District; Enhanced Services. <br />(a) In conjunction with the redevelopment of the Site pursuant to the TCAAP <br />Master Plan, the County and/or Vertical Developer(s) will be constructing streets, sidewalks, <br />utilities and other public improvements which will be dedicated to the public and become public <br />improvements upon inspection and acceptance by the City. <br />(b) The City shall have no obligation to maintain such public improvements <br />until such time as they are accepted pursuant to the applicable Vertical Developer’s Agreement. <br />(c) Following acceptance of each of such public improvements by the City, it <br />shall be obligated to conduct, at a minimum, the activities identified in the maintenance <br />schedule, a copy of which is attached hereto as Exhibit F.