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11 <br /> <br />7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements to <br />approval of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL <br />are incorporated herein and identified on Exhibit D. <br /> <br /> <br />ARTICLE 8 <br />RESPONSIBILITY FOR COSTS <br /> <br />8.1. DEVELOPER AND SITE IMPROVEMENT COSTS. The DEVELOPER shall <br />pay for the DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS; that is, all costs <br />of persons doing work or furnishing skills, tools, machinery or materials, or insurance <br />premiums or equipment or supplies and all just claims for the same; and the CITY shall be <br />under no obligation to pay the contractor or any subcontractor any sum whatsoever on account <br />thereof, whether or not the CITY shall have approved the contract or subcontract. Such site <br />improvements are identified on Exhibit C. All contractors acknowledge the City is not responsible <br />for any payments due under any contract. <br /> <br />The DEVELOPER is responsible for contracting and paying for the street and utility <br />testing costs. The CITY's designated inspector on the DEVELOPMENT PROJECT will <br />coordinate the street and utility testing activities. All testing reports shall be sent to the CITY <br />with a copy to the DEVELOPER. <br /> <br />If deductions are owed on the street and utility construction pursuant to the MNDOT <br />standards for construction, then these deductions will be paid by DEVELOPER to CITY within <br />thirty (30) days after DEVELOPER receives notices of such deductions. <br /> <br />8.2. MISCELLANEOUS AND AVAILABILITY CHARGES. The DEVELOPER <br />shall reimburse the CITY for all miscellaneous costs and Charges incurred or to be incurred by <br />the CITY in connection with this DEVELOPMENT AGREEMENT. Such costs are identified <br />on Exhibit C. <br /> <br />8.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs <br />incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering <br />costs and reasonable attorneys' fees. Such costs are identified in Exhibit C. <br /> <br />8.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within <br />thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate <br />of eight percent (8%) per year. <br /> <br /> <br />ARTICLE 9 <br />DEVELOPER WARRANTIES <br /> <br />9.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby <br />warrants and represents the following: <br /> <br />a) AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT <br />PROPERTY in the FINAL PLAT and has the right, power, legal capacity and authority <br />to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, <br />and no approvals or consents of any persons are necessary in connection with the <br />authority of DEVELOPER to enter into and perform its obligations under this