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Alino Addition <br />Development Contract <br />December. 2013 <br />Trunk Water Unit Charges will be collected with the Site Performance Agreement <br />for Lot 1 Block 1 of Alino Addition. <br />C. Surface Water Management Area Charges. The City has established a trunk area <br />charge to uniformly distribute the costs of public trunk surface water <br />infrastructure and water quality improvements. The Developer shall pay pursuant <br />to the terms of the development agreement Surface Water Management Charges, <br />based on developable acreage, in the amount specified in Attachment B. <br />VI. BUILDING PERMITS <br />A. The Developer agrees that building permits may be issued upon site plan approval <br />and execution of a Site Perfoiniance Agreement for Lot 1 Block 1 of Alino <br />Addition. <br />VII. 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 <br />costs and reasonable engineering and attorneys' fees if the City prevails in such <br />action. <br />VIII. 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 <br />Development Contract. <br />IX. GENERAL <br />A. Binding Effect <br />A. 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, unless <br />released pursuant to Article IV. <br />B. Notices <br />A. 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 <br />by 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 />page 4 <br />