1996-12-11 - CC Packet - Laserfiche WebLink

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Willow Glen DRAFT Development Agreement Revised December 5, 1996 sewer services from the first clean -out upstream of the trunk line to the trunk line All other sanitary sewer service pipe shall be the responsibility of the Association The City is not responsible for any drainage issues outside of the drainage and utility easement. The moved areas and curb and Butter shall remain under the ownership and responsibility of the Association. 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 parry 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 hereinbefore 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. Final Plat approval is contingent upon the Developer producing deed forms for the outlot indicated on the plat and deeded as follows: Outlot A R and R Leasing, Inc., or Gordon Rehbein Outlot B R and R Leasing, Inc., or Gordon Rehbein 4. Incorporation by Reference All plans, special provisions, proposals, specifications, and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 260/084- 2404.mt Page 9