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<br />Lakeland Hills <br />Development Agreement <br /> <br />DEVELOPER'S COPY <br />FINAL January 5, 1998 <br /> <br />F. CLEAN UP. The Developer shall be responsible to keep new and existing streets clean <br />and shall conduct routine sweeping of the project area. The Developer shall clean streets <br />no later than 24 hours after being notified by the City. <br /> <br />G. HOMEOWNER NOTICE. Developer agrees to provide the owner of each lot <br />purchased within the development on or before the date of closing a statement in <br />substantially the form shown as Exhibit A hereto. A signed copy of such agreement shall <br />be returned to the City within ten (10) days following execution by the homeowner. <br /> <br />H. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction <br />required by this contract and acceptance by the City, the improvements lying within the <br />public easements shall become City property without further notice or action. <br /> <br />I. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to <br />reimburse the City for all costs incurred by the City in defense of enforcement of this <br />contract, or any portion thereof, including court costs and reasonable engineering and <br />attorney's fees. <br /> <br />J . VALIDITY. If any portion, section, subsection, sentence, clause, paragraph, or phrase <br />in this contract is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of the Development <br />Contract. <br /> <br />K. GENERAL <br /> <br />1. Binding Effect. The terms and provisions hereof shall be binding upon and insure <br />to the benefit of the heirs, representatives, successors, and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants running with the land. <br /> <br />2. Notice. Whenever in this Agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this Agreement to or on the other <br />party, such notice or demand shall be delivered personally or mailed by United <br />States mail to the addresses herein before set forth on Page 1 by certified mail <br />(return receipt requested). Such notice or demand shall be deemed timely given <br />when delivered personally or when deposited in the mail in accordance with the <br />above. The addresses of the parties hereto are as set forth on Page 1 until changed <br />by notice given as above. <br /> <br />3. Final Plat Ap.proved. The City agrees to give final approval to the plat of the <br />Subdivision upon execution and delivery of this Agreement and of all required <br />petitions, bonds, fees, and securities indicated in Exhibit B. <br /> <br />260/083-1904.feb <br /> <br />Page 8 <br />