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<br /># <br /> <br />, '. '0' If <br /> <br />Clearwater Meadows Development Agreement <br /> <br />3. RECORDING AND RRT ~RA~E. The Developer agrees that the terms of this <br />Development Contract shall be a covenant on any and all property included in the <br />'Subdivision. The DeveloPer agrees that the City shall have the right to record a copy of <br />this i>evelopm~ Contract with the Ano~ County Recorder to giv~ notice to future <br />purchasers. and, owners. This shall be rOO9rded against the Subdivisj.on described on Page <br />1 hereof. City shall provide to Developer upon payment of all the special assessments <br />levied against a parcel a release of such parcel from the terms and condition of this <br />Development Contract subject to provision contained in the second paragraph of Section <br />3.G.3 on page 9. <br /> <br />4. REIMBlJRSEMENTOF 'COSTS: The DeV'eIbper agrees toiWly reimburse'the City'r: .";' .,n <br />for all costs incurred by the City including, but not 1imit~ to the actual costs of . <br />construction of said improvements, engineering fees,.legal fees, inspeCtion fees, interest <br />costs, costs of ~on of necessary easements, if any, and any other costs inCurred by <br />the City relating to this Development Contract and the installation and financing of the <br />aforementioned improvements. <br /> <br />S. OCCUPATION OF PREMISES. The Developer further agrees that they will not <br />cause to be oCcupied, any premises construction upon the plat or any property within the <br />plat until the completion of the gas, electric, telephone, water and sewer improvements <br />required by this Development Contract have been installed, unless the City has agreed in <br />writing to waive this requirement as to a specific premises. Furthermore, Developer shall <br />be granted no certificates of occupancy for homes within the plat prior to substantial <br />completion of all Developer and City Improvements descn'bed in this agreement. <br /> <br />6. cr .RAN 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 />7. 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 />8. OWNERSHIP OF IMPROVEMENTS Upon completion of the work and <br />construction required by this contract and acceptance by the City, the improvements lying <br />within the public easements shall become City property without further notice or action. <br /> <br />9. R'Fr™RlJRSEMENJ' OF COSTS FOR DEFENSE The Developer agrees to <br />reimburse the City for all coSts incwred by the City in defense of enforcement of this <br />contract, or any portion thereot: including court costs and reasonable engineering and <br />attorney's fees. <br /> <br />10. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or <br />phrase in this contract is for any reason held to be invalid by a court of competent <br /> <br />K-GDEV.WPS <br /> <br />Page 8 <br />