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required to be made by LANDOWNER, CITY shall reimburse LANDOWNER for the cost of <br /> pavement, curb and gutter. However, the improvement costs expended for the <br /> portion of Lawson Way within the City of Orange shall not be reimbursed by CITY, <br /> and shall be ~t the LANDOWNER's sole expense. The CITY further agrees to provide <br /> a sanitary sewer line to the intersection of Memory Lane and Lawson Way in o~der <br /> to provide sewer service to LANOOWNER and other propert~ owners in the area upon <br /> application for utilities release by LANDOWNER. The CITY further agrees to in- <br /> stall water lines to serve the subject land shown in Exhibit "D" prior to paving <br /> of streets. <br /> <br /> 3. The amount of reimbursement shall be the lowest of three bids <br /> secured by LANDOWNER and approved by the CITY. CITY may at its option, however, <br /> install said improvements prior to the time when LANDOWNER would be obligated <br /> to do so in lieu of LANDOWNER completing the work and seeking reimbursement from <br /> the CITY. However, such action by CITY will not relieve LANDOWNER from the duty <br /> of completing the remaining work of improvements as provided for in paragraph 4 <br /> of LANDOWNER provisions. <br /> <br /> MISCELLANEOUS PROVISIONS: <br /> <br /> 1. CITY will not be responsible to reimburse LANDOWNER for the cost <br />of '~clearing and grubbing" and roadway excavation. <br /> <br /> 2. If satisfactory arrangements can be made with City of Orange to <br />tie into its sewer system, CITY agrees that the sewer requirements of this <br />agreement will be met. <br /> <br /> 3. Ail improvements shall be completed at the time of development of <br />any portion of the property shown on the Section District Map attached hereto <br />as Exhibit "D", and prior to the release of any utilities for any such <br />development. <br /> <br /> 4. CITY makes no representations by this agreement that it is the <br />intent to rezone said property differently than its present zoning, but only <br />that if it is so rezoned that the dedications.and improvements for streets as <br />set forth in this agreement shall be necessary for proper utilization of the <br />property with the zone requested. <br /> <br /> 5. Should said zoning be denied by CITY this agreement shall become <br /> <br /> Page 3 <br /> <br /> <br />