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<br />Ea~le Pass <br />Development Agreement <br /> <br />D. REThiBURSEMEl\;T OF COSTS. The Developer agrees to fully reimburse the City for <br />all costs incurred by the City inducting. bet not limited to, the actual costs of construction <br />of said improvements. engineering fees, legal fees, inspection fees, interest costs, costs of <br />acquisition of necessary casements, if any, and any ot\er costs incurred by the City relating <br />to this Development Contract and the installation and financing of the aforementioned <br />improvements. <br /> <br />K QCrlTP A TION OF PRF'lVHSES. The Developer funher agrees that they will not cause <br />to be occupied any premises upon the plat or any property within the plat until the <br />completion of the gas, electric, telephone, water, and sewer improvements required by this <br />Development Contract have bt:en insta.Iied, unless tJ.1t: City has agreed in writing to waive <br />this requirement as to a specific premises. Furtheml()r~, Developer shall be granted no <br />certificates of occupancy for homes within the plat prior to substantial complerion of all <br />Private and SIreet and Utili!:'! Improvements describ~d in this Agrtement. <br /> <br />F. CT ,EAN l)f. The Developer shall be responsible to keep new and exiSling streets clean and <br />shail conduct romine sw.;':eping or the prcjeCt area. The Developer shall clean streets no <br />later than 24 hours after b.:ing notified by the City. <br /> <br />G. liQMEOw'?\i"'ER NOTiCE. Developer agrees to provide the owner of each lot purchased <br />wit.1.in tilt developmem on or before ll12 date of closing a statement in substantially the form <br />shown as Exllibir A h~reto, A signed. copy of such agreement shall be returned to the City <br />wi-u.'1in ten (10) days following execution by the homeowner. <br /> <br />H. O"Vj\j"FRSHIP OF nVIPROv'EI\lENTS. Upon completion of the work and construction <br />required by this cont.ract and accepunc:e by the City, the improvem,ents lying within the <br />public easements shall become City property \vitb.out further notice or action. <br /> <br />1. RET1\;fBITRSE1\'lENT OF COSTS FOR DEFFNSE. The Developer agrees to reimburse <br />Lhe City for all costs incurred by me City in defense of enforcement of this contract, or any <br />portion thereof, inducting ccurt cosb and reasonable engineering and attorney's fees. <br /> <br />J. VA LIDITY. If any pOi1ion, sectior:, subsection, seut~nce, clause, paragraph, or pbrase in <br />mis contract is for any reason held to be inyalid by a COUl1 of competent jurisdiction, such <br />decision shall nor affeCI or vc,id any of the other provisions of the Development Contract. <br /> <br />K. GENERAL <br /> <br />1. <br /> <br />Bindin~ Effect. The term~ and prc:visiollS hereof shaH be binding upon and insure to <br />the benefit of the heirs, representatives, successors, and assigns of the parties hereto <br />and shall be binding upon all future owners of all or any pan of the Subdivision and <br />shaH br;: deemed covenants nlnning with the land. <br /> <br />') <br /> <br />N()ti~. \Vh~never in this Agreement it shall be required or permined that notice or <br />demand be gi-,ien or served by either party to this Agreemem to or on [he other party, <br />such notice or demand sha.ll be delivered personally or mailed by United States mail <br />