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4988262v4 <br />h. Estimated Cost. It is understood and agreed that cost amounts set forth in <br />this Contract as to PERMITTEE Stage I and PERMITTEE Stage II <br />Improvements, unless qualified as fixed amounts, are estimated. The <br />PERMITTEE agree to pay the entire cost of said improvements including <br />interest, engineering and legal fees related thereto. <br />Plat Approval Expenses. The PERMITTEE agrees that it will pay to <br />CITY all CITY expenses incurred in the approval of the Plat, including, <br />but not limited to, administration expenses, engineering and legal fees. <br />Said expenses incurred after recording of the Final Plat shall also be paid <br />within said fifteen (15) day billing period. Failure to pay the CITY'S <br />expenses within the fifteen (15) day billing period will permit the CITY to <br />draw upon any of the escrows required by this contract for payment. <br />J. <br />Reimbursement to the CITY. The PERMITTEE agree to reimburse the <br />CITY for all costs incurred by the CITY in defense or enforcement of this <br />Contract, or any portion thereof, including court costs and reasonable <br />engineering and attorney's fees. <br />k. Certificate of Occupancy. The term "Certificate of Occupancy" as used in <br />this Contract shall be defined as a document issued by the CITY'S <br />Building Official, which authorizes the structure to be used for its intended <br />purposes. <br />1. Estoppel Certificates and Certificate of Completion. Within ten (10) days <br />after a written request from the PERMITTEE, the CITY will provide the <br />PERMITTEE and any third party who is purchasing all or any portion of <br />the PERMITTEE Property or to whom the PERMITTEE is granting a <br />mortgage on all or any portion of the PERMITTEE Property with a <br />written estoppel certificate stating: (i) that this Contract remains in full <br />force and effect or that this Contract has been terminated; (ii) that this <br />Contract has not been modified or amended or, if this Contract has been <br />modified or amended, identifying such modifications or amendments; (iii) <br />the type and amount of any security the CITY is holding to secure the <br />performance of the PERMITTEE'S obligations under this Contract; (iv) <br />that, to the best of the CITY'S actual knowledge, the PERMITTEE is not <br />in default in the performance of the PERMITTEE'S obligations under <br />this Contract or, if the CITY has knowledge of PERMITTEE defaults, <br />describing those defaults; and (v) that, to the best of the CITY'S actual <br />knowledge, the CITY is not in default in the performance of the CITY'S <br />obligations under this Contract or, if the CITY has knowledge of CITY <br />9 <br />