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Hamel Estates <br />Development Contract <br />sole discretion of City. Said surety shall remain in full force and effect until completion and <br />acceptance of the Required Improvements based on the sole determination of City. <br />12. The Developer agrees that the terms of the financial security shall be deemed to <br />have been violated if the Developer fails to perform any of the terms of this Contract in the <br />mariner required by the City. Determination of a violation of the terms of the Contract shall be <br />in the sole discretion of the City. The financial security shall be immediately available for use by <br />the City to complete part or all of the Required Improvements in the event this agreement is <br />breached or the Required Improvements are not completed in an acceptable or timely manner, as <br />determined in the sole discretion of the City. The City shall have the right to enter upon the <br />property to inspect work or complete all or a portion of the Required Improvements as necessary. <br />In the event the City does any such work, the City may, in addition to its other remedies, assess <br />its costs in whole or in part. <br />13. WAC and SAC charges will become due with each building permit. <br />14. Park dedication fees will be payable at the time of the building permit application <br />for each lot within the development. <br />15. The Developer has deposited with the City five thousand dollars ($5,000), from <br />which any and all costs and expenses incurred by the City, in any way related to this Contract, <br />including, but not limited to, planning and engineering fees, legal fees, City staff time, cost of <br />acquisition of any easements, shall be paid. Cost for City staff time expended in conjunction <br />with this Contract are expected to equal two and one half percent (2.5 %) of the construction cost <br />involved in the Contract. Said fee can be increased or reduced in the sole discretion of the City, <br />should staff time required vary dramatically from this estimate. This provision is consistent with <br />an agreement between the City and Developer, dated April 22, 2003, which is attached hereto <br />and incorporated herein as Exhibit B. <br />Engineering <br />16. The Developer shall grade the Plat as shown on the Grading, Drainage & Erosion <br />Control Plan prepared by the Developer's engineer and approved by the City's engineer. Said <br />_4_ <br />-5- <br />