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IP <br />Development Contract <br />Marshall Estates 7 -26 -04 <br />VIII. OCCUPATION OF PREMISE <br />A. The Developer further agrees that they will not cause to be occupied, any premises <br />constructed upon the plat or any property within the plat until the completion of the <br />gas, electric, telephone, and street improvements to the extent of the concrete curb, <br />gutter and bituminous base required by this Development Contract have been <br />installed, unless the City has agreed in writing to waive this requirement as to a <br />specific premises. Furthermore, the City shall have the right to limit the issuance of <br />building permits for lots within the subdivision if such home construction should <br />interfere with construction of the City's improvements. <br />OWNERSHIP OF IMPROVEMENTS <br />A. Upon completion of the work and construction required by this contract and <br />acceptance by the City, the improvements lying within the public easements shall <br />become City property without further notice or action. <br />REIMBURSEMENT OF COSTS FOR DEFENSE <br />A. The Developer agrees to reimburse the City for all costs incurred by the City in <br />defense of enforcement of this contract, or any portion thereof, including court costs <br />and reasonable engineering and attorneys' fees if the City prevails in such action. <br />VALIDITY <br />A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this <br />contract is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of the Development <br />Contract. <br />XII. GENERAL <br />A. Binding Effect <br />1. The terms and provisions hereof shall be binding upon and insure to the <br />benefit of the heirs, representatives, successors and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants running with the land. <br />B. Notices <br />1. Whenever in this agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this agreement to or on the <br />other party, such notice or demand shall be delivered personally or mailed by <br />United States mail to the addresses hereinbefore set forth on Page 1 by <br />certified mail (return receipt requested). Such notice or demand shall be <br />