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Marshan Meadows Second Addition <br />Development Contract <br />January 2014 <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 <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 />mail in accordance with the above. The addresses of the parties hereto are <br />as set forth on Page 1 until changed by notice given as above. <br />C. Final Plat Approval <br />The City agrees to give final approval to the plat of the Subdivision upon <br />execution and delivery of this agreement and all required petitions, bonds, <br />security, and documents including the following: <br />1. Lot 2, Block 1 of Marshan Meadows Second Addition must agree to <br />connect to City utilities. The City will not approve the final plat without <br />legally enforceable assurance that properties intend to connect to City <br />utilities. <br />2. Any future easements required for drainage or utilities shall be dedicated <br />by the owner. <br />3. A development agreement between the City and the developer must be <br />executed prior to the issuance of any building permits for the site. <br />4. Park dedication and trunk utility fees paid in accordance with the City's <br />fee schedule. <br />5. The Rice Creek Watershed District approvals of proposed construction are <br />obtained. <br />6. A boulevard tree shall be provided for Lot 2, Block 1 of Marshan <br />Meadows Second Addition. <br />X. VIOLATIONS/BUILDING PERMITS <br />A. In the event that Developer violates any of the covenants and agreements <br />contained in this Development Contract and to be performed by the Developer, <br />the City, at its option, in addition to the rights and remedies as set out hereunder <br />may refuse to issue building permits and/or Certificate of Occupancies to any <br />property within the Subdivision until such time as such default has been corrected <br />to the satisfaction of the City. <br />page 5 <br />