Agenda - Council - 06/17/2008 - Special

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elevation with the approved grading plan for the Plat. Foundation approvals will require a certificate of elevation verifying that the actual elevation is in compliance with the approved grading and ~:rainage plan. The lowest floor elevation shall be at least 2 feet above the 100 year elevation. No occupancy permit for any lot in the Plat shall be issued until all utilities are in place, operational and accepted by the CITY. 15. Hard Surfaced Driveways. Hard surfaced driveways (bituminous or concrete) area requirement for the Plat. In the event this improvement is not timely installed on a lot, the DEVELOPER and/or the DEVELOPER'S assign(s), agrees that the CITY may install said improvement on the lot and specially assess the cost therefore against the lot. The DEVELOPER hereby waives all right to a public hearing and other statutory rights or City Charter rights granted a property owner relating to special assessments, including the right to appeal the special assessment for installation of the hard surfaced driveway. In addition, the DEVELOPER grants the CITY a license to enter on each lot of the Plat in order to install the improvement described in this paragraph if the same has not been previously constructed. 16. Plat Approval Expenses. The DEVELOPER agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Plat, including, but not limited to administration expenses, engineering and legal'fees. Said expenses shall be paid within fifteen (15) days of billing by the CITY and outstanding billings shall be paid prior to recording of the Final Plat. Any expenses incurred after recording of the Final Plat shall also be paid within said fifteen (15) day billing period. Failure to pay the CITY'S expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this contract for payment. 17. Reimbursement to the City. TheDEVELOPER agrees to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 18. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY with proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. 19. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the City's Building Official, which .authorizes the structure to be used for its intended purposes. 20. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid by a court of competent Ebony Woods Development Agreement June 2008 Page 5 0[7 ..,.43-