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Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 to issue building permits to any of the property within the plat on which the assessments have not been paid. C. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on page 1 hereof. D. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not Limited to, the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. E. OCCUPATION OF PREMISES. The Developer further agrees that they will not cause to be occupied any premises 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 Private and Street and Utility Improvements described in this Agreement. F. CLEAN UP. 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. G. HOMEOWNER NOTICE. 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 A hereto. A signed copy of such agreement shall be returned to the City within ten (10) days following execution by the homeowner. H. OWNERSHIP OF IMPROVEMENTS. 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. I. 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. J. 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. 2601083- 1904.feb Page 8