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• <br />• <br />• <br />Saddle Club <br />Development Contract <br />August 25, 2014 <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 <br />costs and reasonable engineering and attorneys' fees if the City prevails in such <br />action. <br />X1. 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 />XII. GENERAL <br />a. Binding Effect <br />i. The terms and provisions hereof shall be binding upon and inure 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 />i. Whenever in this agreement itshall 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 />i. 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 />a. Public Improvement Surety Agreement must be executed between <br />the Developer and the City. <br />b. Homeowners Association documents shall be submitted to the City <br />in recordable format including Bylaws and Articles of <br />Incorporation. <br />page 12 <br />