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4.5 SR 04-03-2023
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4.5 SR 04-03-2023
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imposed on the city as a result of non-compliance with any permit or failure to obtain necessary <br />permits, and all costs and expenses incurred by the City in monitoring and inspecting development of <br />the Subdivision. <br />(02) The Developer shall hold the City and its officers, employees, and agents harmless from claims <br />made by itself and third parties for damages sustained or costs incurred resulting from plat approval <br />of the Development. The Developer shall indemnify the City and its officers, employees, and agents <br />for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, <br />including attorneys' fees. <br />(03) The Developer shall reimburse the City for costs incurred in the enforcement of this <br />Agreement, including engineering and attorney s' fees. <br />(04) The De�=eloper shall pay, or cause to be paid when due, and in any event before any penalty is <br />attached, all special assessments referred to in this Agreement. This is a personal obligation of the <br />De�=eloper 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 de�relopment and construction within the Subdivision until the bills are paid in full. Bills not <br />paid within thi�ty (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 special <br />assessments may be imposed such as but not limited to sewer availability charges ("SAC"), Municipal <br />water connection charges, Cit�- sewer connection charges, and building permit fees. <br />10. General Provisions Binding Effect. The terms and pro�=isions hereof shall be binding upon, <br />and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and <br />shall 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 and <br />all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent <br />purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall <br />be paid by the Developer. <br />(01) Severable. In the event that any portion of this Agreement shall be held invalid for any reason, <br />the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. <br />(02) `�Jaiver. Any waiver, whether express or implied, by any party of a breach of any provision of <br />this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this <br />Agreement. <br />(03) Construction Times. All construction activities authorized by this agreement shall be confined <br />to the following hours of operation: <br />Monday - Friday 7:00 AM unti19:00 PM <br />Saturday 8:00 AM unti15:00 PM (only with 48 hour advance notice to the City <br />Engineer or their representatives) <br />Sunday Not Allowed <br />
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