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Clearwater Meadows Development Agreement 5, OCCUPATION OF PREMISES The Developer further agrees that they will not cause to be occupied, any premises construction upon the plat or any property within the plat until the completion of the gas, electric, telephone, water and sewer improvements required by this 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 Developer and City Improvements described in this agreement. 6. CLEAN ITP 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. 7. HOMEOWNER NOTI CF. 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 B hereto. A signed copy of such agreement shall be returned to the City within ten (10) days following execution by the homeowner. 8. OWNERSHIP OF IMPROVEMENT 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. 9. 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. 10. 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. 11. GENERAL A. 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. B. 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 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 K -GDE V. WPS Page 8