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interest, less any draw made by the City, shall be returned to the person who deposited the funds <br /> with the City. <br /> (06) Water Availability Charges. Developer shall pay Water Availability Charge in the amount of <br /> Thirteen Thousand Seven Hundred Thirty-Five and 00/100 dollars ($13,735), ($335 per lot). The <br /> balance of Water Availability Charges per unit ($3,090) shall be paid at the time of building permit,by <br /> the permit applicant. <br /> (07) Surface Water Management Fee. Developer shall pay surface water management fees in the <br /> amount of Nine Thousand Two Hundred Sixty-Six and 00/100 dollars ($9,266), ($226.00 per lot) for <br /> each lot in the Subdivision prior to release of the final plat for recording. <br /> 9. Responsibility for Costs. <br /> (01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the <br /> City in conjunction with the development of the Subdivision, including but not limited to Soil and <br /> Water Conservation District charges, legal, planning, engineering and construction observation <br /> inspection expenses incurred in connection with approval and acceptance of the plat,the preparation <br /> of this Agreement, review of construction plans and documents, the payment of 41fines and <br /> penalties imposed on the city as a result of non-compliance with any permit or failure to obtain <br /> necessary permits, and all costs and expenses incurred by the City in monitoring and inspecting <br /> development of the Subdivision. <br /> (02) The Developer shall hold the City and its officers, employees, and agents harmless from <br /> claims made by itself and third parties for damages sustained or costs incurred resulting from plat <br /> approval of the Development. The Developer shall indemnify the City and its officers, employees, <br /> and agents for all costs, damages, or expenses which the City may pay or incur in consequence of <br /> such claims,including attorneys' fees. <br /> (03) The Developer shall reimburse the City for costs incurred in the enforcement of this <br /> Agreement,including engineering and attorneys' fees. <br /> (04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty <br /> is attached, all special assessments referred to in this Agreement. This is a personal obligation of the <br /> Developer and shall continue in full force and effect even if the Developer sells one or more lots,the <br /> entire plat, or any part of it. <br /> (05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred <br /> under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City <br /> may halt development and construction within the Subdivision until the bills are paid in full. Bills not <br /> paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. <br /> (06) In addition to the charges and special assessments referred to herein, other charges and <br /> special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), <br /> Municipal water connection charges, City sewer connection charges, and building permit fees. <br /> 10. General Provisions Binding Effect. The terms and provisions hereof shall be binding upon, and <br /> inure to the benefit of the heirs,representatives, successors and assigns of the parties hereto and shall <br /> be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants <br /> running with the land. References herein to Developer, if there be more than one, shall mean each <br /> and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent <br /> 7 <br />