Agenda - Council - 09/11/2007 - Laserfiche WebLink

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16. Hard Surfaced Driveways. Hard surfaced driveways (bituminous or concrete) are a 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. 17. Street Cleaning. After the street surfacing is installed, the DEVELOPER shall clear any soil, earth, or debris from the streets within the Plat resulting from any construction within the Plat by the DEVELOPER or its successors and assigns. From time to time, the CITY may remove accumulations of soil, earth and debris from the streets resulting from the construction of the Plat. It shall be the DEVELOPER'S responsibility to pay the costs associated with this necessary street cleaning. Invoices from the CITY to the DEVELOPER for such costs shall be paid within fifteen (15) days of the date of invoice. 18. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Stage I and Stage II Improvements, unless specified as fixed amounts, are estimated. The DEVELOPER agrees to pay the entire cost of said improvements including interest, engineering and legal charges. 19. 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 admi.J.1istration expenses, engineering and legal fees. Said expenses shall be paid Withlll 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. 20. Reimbursement to the City. The DEVELOPER 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. 21. Marketable Title. Prior to recording of the Final Plat, the DEVELOPER shall provide the CITY ,vith proof of marketable title to the Plat either through a currently certified abstract, registered property abstract or title insurance. Sunfish Lake Development Development Agreement September 2007 5of8 -164-