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Development Contract <br />Clearwater Creek 3`d Addn. — Phase One <br />• <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 />deemed timely given when delivered personally or when deposited in the <br />mail in accordance with the above. The addresses of the parties hereto are as <br />set forth on Page 1 until changed by notice given as above. <br />C. Final Plat Approval <br />1. The city agrees to give final approval to the plat of the Subdivision upon <br />execution and delivery of this agreement and of all required petitions, bond <br />and security. <br />XIV. VIOLATIONSBUILDING PERMITS <br />A. In the event that Developer violates any of the covenants and agreements contained <br />in this Development Contract and to be performed by the Developer, the City, at its <br />option, in addition to the rights and remedies as set out hereunder may refuse to <br />issue building permits to any property within the plat until such time as such default <br />has been corrected to the satisfaction of the City. <br />XV. PARK DEDICATION <br />A. Park dedication for Clearwater Creek Third Addition shall consist of: <br />1. The 5.5 ± acres park area shown on the plat. <br />2. All trails. <br />3. Paving of the trails with bituminous surface at Developer's cost. <br />B. Should the recording of the Final Plat occur after July 1, any and all property taxes <br />on any public property dedicated as a part of this plat shall be the responsibility of <br />the developer. Dollars shall be incorporated into the escrow agreement to cover the <br />cost of said property taxes. <br />page 13 <br />