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12-08-25-R
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12-08-25-R
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public improvements and damage to public improvements caused by Developer, its contractors, <br />subcontractors, material men, employees, agents, or third parties. No sewer and water connection <br />permits may be issued and no one may occupy a building for which a building permit is issued on <br />either a temporary or permanent basis until the utilities are accepted by the City Engineer in <br />writing. <br />J. The Developer will pay in full all invoices for costs required to be paid by <br />Developer hereunder that are submitted to it by the City within sixty (60) days after receipt which <br />reasonably evidence those costs incurred in the drafting, enforcement and supervision of this <br />Agreement, including reasonable engineering, planning, and attorney's fees. If the invoices are <br />not paid on time, the City may halt all development work until the invoices are paid in full. <br />Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest <br />charge. <br />30. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement <br />without the written permission of the City Council; provided, however, the Developer may <br />collaterally assign its interest in the Agreement to a lender providing financing to Developer. This <br />Agreement shall be binding upon and inure to the benefit of the parties and their respected <br />successors and assigns, including without limitation, any and all future and present owners, <br />tenants, occupants, licensee, mortgagee and any other parties with any interest in the Development <br />Property. Should the Developer convey the Development Property to a third party, the City and <br />Developer's successor in interest may amend the Development or this Agreement, with City <br />approval. Private agreements between the Developer and any third party related to matters <br />necessary for the efficient use of the Development Property shall be the responsibility of the <br />Developer and shall not bind or restrict City authority in any way.. <br />19 <br />
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