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Parkview Addition DRAFT C O P Y <br /> Development Agreement May 22, 1998 <br /> H. OWNERSHIP OF IMPROVEMENTS <br /> Upon completion of the work and construction required by this contract and acceptance by <br /> the City, the improvements lying within the public easements shall become City property <br /> without further notice or action. <br /> I. REIMBURSEMENT OF COSTS FOR DEFENSE <br /> The Developer agrees to reimburse the City for all costs incurred by the City in defense of <br /> enforcement of this contract, or any portion thereof, including court costs and reasonable <br /> engineering and attorney's fees. <br /> J. VALIDITY <br /> If any portion, section, subsection, sentence, clause, paragraph, or phrase in this contract <br /> is for any reason held to be invalid by a court of competent jurisdiction, such decision shall <br /> not affect or void any of the other provisions of the Development Contract. <br /> K. GENERAL <br /> 1. Binding Effect. <br /> The terms and provisions hereof shall be binding upon and insure to the benefit of <br /> the heirs, representatives, successors, and assigns of the parties hereto and shall be <br /> binding upon all future owners of all or any part of the Subdivision and shall be <br /> deemed covenants running with the land. <br /> 2. Notice. <br /> Whenever in this Agreement it shall be required or permitted that notice or demand <br /> be given or served by either party to this Agreement to or on the other party, such <br /> notice or demand shall be delivered personally or mailed by United States mail to the <br /> addresses herein before set forth on Page 1 by certified mail (return receipt <br /> requested). Such notice or demand shall be deemed timely given when delivered <br /> personally or when deposited in the mail in accordance with the above. The <br /> addresses of the parties hereto are as set forth on Page 1 until changed by notice <br /> given as above. <br /> 3. Final Plat Approval. <br /> The City agrees to give final approval to the plat of the Subdivision upon execution <br /> and delivery of this Agreement and of all required petitions, bonds, fees, and <br /> securities. <br /> 4. Incorporation by Reference. <br /> All plans, special provisions, proposals, specifications, and contracts for the <br /> improvements furnished and let pursuant to this Agreement shall be and hereby are <br /> made a part of this agreement by reference as fully as if set out herein in full. <br /> \ \SPNWFS \VOLT \DATA \PAOJ \260099m \089 -1405. my. DevAgree.doe Page 8 <br />