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g- <br />Construction, Hours and Entrance Siam. The CITY restricts construction and <br />delivery hours to Monday through Saturday, 7:00 a.m. to 10:00 p.m. <br />PERMITTEE is required to provide a sign at each entrance point stating delivery <br />and construction operation hours. Said signs are not to exceed eighty (80) square <br />feet in size and must be clearly visible at all times during the construction period. <br />h. Construction Site Maintenance. PERMITTEE shall adhere to all CITY <br />ordinances relating to, but not limited to, dumping of garbage, site development, <br />construction debris, open burning, etc. <br />Estimated Cost. It is understood and agreed that cost amounts set forth in this <br />Contract as to the Stage I and Stage II Improvements, unless qualified as fixed <br />amounts, are estimated. PERMITTEE agreeS to pay the entire cost of the <br />Improvements, including interest, engineering and legal fees related thereto. <br />Subdivision Approval Expenses. PERMITTEE shall pay to CITY all CITY <br />expenses incurred in the approval of the Subdivision, including, but not limited to, <br />administration expenses, and engineering and legal fees. Any such expenses <br />incurred after recording of the Plat shall be paid within fifteen (15) days after <br />receipt of an invoice therefor. Failure to pay the CITY'S expenses within that <br />fifteen (15) day period will permit the CITY to draw for payment upon any of the <br />escrows required by this Contract. The CITY agrees to provide to <br />PERMITTEE, promptly upon request, an estimate of all such expenses. <br />k. Reimbursement to the CITY. PERMITTEE shall reimburse the CITY for all <br />costs incurred by the CITY in defense or enforcement of this Contract if the City <br />prevails in such action, or any portion thereof, including court costs and <br />reasonable engineering and attorney's fees. <br />1. Marketable Title. Prior to recording of the Plat, PERMITTEE shall provide the <br />CITY with proof of marketable title to the Property, either through a currently <br />certified abstract, registered property abstract or title insurance. <br />m. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this <br />Contract shall be defined as a document issued by the CITY'S Building Official, <br />which authorizes a structure to be used for its intended purposes. <br />n. Proof of Authority. The CITY requires PERMITTEE to provide proof of <br />authority by its governing board to execute this Contract. This proof of authority <br />may be satisfied by providing the CITY with a certified copy of the minutes of <br />the governing board of PERMITTEE. <br />o. Recording of This Contract. See Section 17(d) above. <br />p- <br />Violation of This Contract. If PERMITTEE fail to perform any of the terms of <br />this Contract, the CITY shall be entitled to recover, from PERMITTEE or the <br />issuer of its financial guarantee, the full amount of any and all financial <br />MAKOWSKY FAMILY FARM METES AND BOUNDS SUBDIVISION <br />Development Contract <br />Page 5 of 11 <br />