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, . . ' . r��ii � � !? <br /> . ; , . .� . ,� � � �:� . �,r��� � �. (� <br /> . Director of Public Works of the City and subject to all necessary permits and approvals from the <br /> appropriate governmental units. <br /> (b) The City shall reimburse Janko for the costs of said road and water and sewer mains and said <br /> drainage retention area, including reasonable engineering costs, but such reimbursement shall not exceed <br /> (a) the actual costs thereof, or (b) $375,000, whichever amount is less. Janko shall be responsible for <br /> furnishing all evidence of cost to the Director of Public Works, and there shall be no liability on the part <br /> of the City hereunder to pay same in the absence of such evidence; "evidence", for the purposes hereof, <br /> shall mean such contracts, invoices and other documents as are customarily relied upon for payment in <br /> the construction industry. All construction contracts shall be approved by the Director of Public Works <br /> prior to execution by Janko; failure to obtain such approval, which may not unreasonably be withheld, <br /> shall void any obligation on the part of the City to reimburse therefor. <br /> (c) No reimbursement under the provisions of this Section shall be due and payable prior to May <br /> 1, 1998. <br /> (d) The road shown on Exhibit A shall be dedicated to the City within ninety (90) days of <br /> annexation of the Premises. <br /> 6. All duties and obligations of the City pursuant to Sections 4 and 5, for construction and <br /> reimbursement, are expressly contingent upon the following: <br /> (a) The City shall not begin construction of the sewer and water mains until (1) Janko provides <br /> the City with (i) a copy of an award of franchise to Janko from a recognized hotel franchisor, and (ii) a <br /> written commitment from Janko to build and operate said hotel, and (2) Bob Brady, owner of Bob <br /> Brady Dodge, 2190 Pershing Road in Decatur, and the Auto Mall, Route 51 and Weaver Road in <br /> Forsyth, executes a written agreement with the City committing to the relocation of said auto dealerships <br /> to the Premises or within the corporate limits of the City, and said agreement is final and binding and not <br /> subject to any contingencies. <br />