1998-09-23 Packet - Laserfiche WebLink

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Woods of Clearwater Creek Development Agreement DRAFT August 27, 1998 Development Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises. Furthermore, Developer shall be granted no certificates of occupancy for homes within the plat prior to substantial completion of all Private and Street and Utility Improvements described in this Agreement, including the base course layer of pavement. Building Permits shall be issued only within the constraints of Section A, Part 2b. F. CLEAN UP . The Developer shall be responsible to keep new and existing streets clean and shall conduct routine sweeping of the project area. The Developer shall clean streets no later than 24 hours after being notified by the City. G. HOMEOWNER NOTICE Developer agrees to provide the owner of each lot purchased within the development on or before the date of closing a statement in substantially the form shown as Exhibit A hereto. A signed copy of such agreement shall be returned to the City within ten (10) days following execution by the homeowner. H. OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. I. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. J. VALIDITY If any portion, section, subsection, sentence, clause, paragraph, or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. K. GENERAL 1. Binding Effect The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. - 2. Notice Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses herein before set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. 3. Final Plat Approved The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Agreement and of all required petitions, bonds, fees, and securities indicated in Exhibit B. Paae 7