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<br />Sep, ! 0, 21)(l] I~;: ~ :IAr'i1 <br /> <br />BARNA,G ZY&STEFFAN <br /> <br />~,io,5361 <br /> <br />D <br />I ' <br /> <br />I') <br />i I) <br /> <br />11ldkated in \vriting to provide for financing the cost of inspection, staking, and <br />construction administration by the City Engineer. <br /> <br />D. RECORDJ'tJG AND RELEASE. The Developer agrees that t,he terlTIS of this <br />Development Contract shall be a covenant on any and all pt'operty included in the <br />Subdivision. The Developer agree,'5 tb.s.t the City shall have the right to record a copy of <br />this Development Contract with the Moka County Recorder/Registrar to give notice to <br />fut.ure purc!1a.',ers an.d o"\'v'ners. <br /> <br />E. REIMBUR~ilirytENT OF COSTS. .Except as limited bv Ivfilli,esoca Statute 462.3:531. <br />ffhe Developer agre~:s to fully reimburse the City for all costs incurred by the City <br />T,t'c1uding, but not limited to, the actual COStS of constJ,1;lctlon of said impro'mmel1ts, <br />~ngi1}eering fees, legal fees, inspection fees, Inte!eSl costs; costs of acquisition of <br />necessary easeme.nts, if any, and rmy other C~)sts incul'r-ed by the City relating to this <br />Development Contract and the installation and financing of the aforementioned <br />h.111JrOVements. <br /> <br />F, OCCUPATION OF PRE:MISE~, The Developer further agrees that it 'Arill not cause to <br />be occupied any prereise:;, upon the plett or an)' property 'Wi.thin the plat until tht; <br />(:omptetion (lfthe gas, electric, te1ephone~ cabl~ television, water, 3..'Jd sewer <br />improvements required by this De'Vetopment Contract have been install<Jd, unless the City <br />has agreed in '''Tiring to waive t..~is requirement as to s. spedf1cpremises. F1.:U"tllennore, <br />Developer shaH be granted no certificates of occupancy for homes viithin the 1.11at prior to <br />subsTantial completion of all Private and Street an.d Utility Improvements described in <br />this Contract~ i.nc1uding the base CQurse layer Orpt'iV6ment Building Pennits shaH. be <br />issued opjy wit.l:lin the constraintS as set fo:r+.11 previously herein, <br /> <br />G, OW1\1~~IP OF l~JPROVEMENTS. Upon completion of the 'i,iork and constl'uctkm <br />:r;;:,qui'l'ed by this Conb:~lct and acceptance by the City, the improvements lying withl1. tile <br />publicease..ments shall become City pl'Ope,rty witl:1out further notice or action. <br /> <br />H. n'~D13:MNIFJCATIONJ\ND HOLD HA.R~.tLESS. The Developer shall hold the City and <br />.its officers and employees hannless fi'om clainls made by itself 31"1d ttJ.il'd parties for <br />damages :.<ustained or costs incurred resulting from subdivisio.n, plat approval CU'ld <br />developm.ent. The Developer shaH indemnify' the City and its of":tlcers and employees for <br />al.1 costs~ daJnages, or expenses which the (~lty may payor incur in cons'eql1once of such <br />claims, including reasonable attomeys fees. Provided that nothing herein shall require <br />Developer to indemnify the City, its officers or emplo)'ees :fi:om any violation of law or <br />:from th~ consequences oftheil' oVY1111egligonce. <br /> <br />I. f1W.i;lUlTTIONS 4\GATI\TST ASSIGNM;ENT OF AGREE1\11ENT, Developer represents <br />and agree~l that prior to the completion of the Developer 1mprovt-;ments as \;ertitled hy the <br />City; <br /> <br />1. Except by way of security for, and only for the purpos~ of obtaining financing <br />necessary TO enable the Developer to perfom1 its obligations with re~pect to the <br /> <br />6 <br />