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05-04-15-R
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05-04-15-R
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23. REDUCTION OF SITE IMPROVEMENT SECURITY. Upon completion of the <br />required Developer improvements for the Property, and acceptance by the City, the City shall reduce the amount <br />of security for the combined improvements provided that, in no case shall the total remaining security be equal <br />to less than 125% of the estimated cost of the incomplete Developer improvements. (Section 21 a-g) <br /> <br /> 24. RESPONSIBILITY FOR COSTS. <br /> A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or <br />the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation <br />District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and <br />acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs <br />and expenses incurred by the City in monitoring and inspecting development of the plat. <br /> B. The Developer shall hold the City and its officers, employees, and agents harmless from <br />claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and <br />development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, <br />damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. <br /> C. The Developer shall reimburse the City for costs incurred in the enforcement of this <br />Contract, including engineering and attorneys' fees. <br /> D. The Developer shall pay, or cause to be paid when due, and in any event before any <br />penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the <br />Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or <br />any part of it. <br /> E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred <br />under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat <br />development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue <br />interest at the rate of eighteen percent (18%) per year. <br /> F. In addition to the charges and special assessments referred to herein, other charges and <br />special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water <br />connection charges, City sewer connection charges, and building permit fees. <br /> <br /> 25. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work <br />to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly <br />reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as <br />determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. <br />This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for <br /> <br />9 <br />181229v1
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