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1999-05-12
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1999-05-12
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feet beyond the boundaries of the proposed Subdivision plat. Accordingly, <br /> Developer understands that as part of the Street and Utility Improvements as <br /> defined herein, Developer will be solely responsible for the cost of said <br /> reconstruction outside of the plat. <br /> 5. The City and Developer acknowledge that the walkway/trail as defined on the plat <br /> will be improved with compacted class 5 gravel on or before August 31, 2000. <br /> D, RECORDING AND REL,FASE. 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 Development Contract with the Anoka County Recorder/Registrar to give notice to <br /> future purchasers and owners. <br /> E. REL'MYBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for <br /> all costs incurred by the City inclneling, but 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 easements, if any, and any other costs incurred by the City <br /> relating to this Development Contract and the installation and financing of the <br /> aforementioned improvements. <br /> F. OCC't TPATION OF PR, MISES. The Developer further agrees that it will not cause to <br /> 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 <br /> this Development Contract have been installed, unless the City has agreed in writing to <br /> waive this requirement as to a specific premises. Furthermore, Developer shall be <br /> granted no certificates of occupancy for homes within the plat prior to substantial <br /> completion of all Private and Street and Utility Improvements described in this Contract, <br /> including the base course layer of pavement. Building Permits shall be issued only <br /> within the constraints as set forth previously herein. <br /> G. 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 /> H. INDEMNIFICATION AND HOLD HARMLESS.. The Developer shall hold the City and <br /> its officers and employees harmless from claims made by itself and third parties for <br /> damages sustained or costs incurred resulting from subdivision plat approval and <br /> development. The Developer shall indemnify the City and its officers and employees for <br /> all costs, damages, or expenses which the City may pay or incur in consequence of such <br /> claims, including reasonable attorneys fees. Provided that nothing herein shall require <br /> Developer to indemnify the City, its officers or employees from any violation of law or <br /> from the consequences of their own negligence. <br /> 7 <br />
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