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Grandview <br />Development Contract <br />October 22, 2007 <br />X. 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 />XI. 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 />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 />The City agrees to give final approval to the plat of the Subdivision upon execution <br />and delivery of this agreement and all required petitions, bonds, security, and <br />documents including the following: <br />1. All lots in the plat must agree to connect to City utilities. The City will <br />not approve the final plat without legally enforceable assurance that all <br />properties will connect. <br />2. Issues discussed in the City Engineer review memo must be addressed to <br />his satisfaction. <br />page 10 <br />