#05 - 9450 Hudson Blvd. Development Agreement

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LA515-110-838683.v10 consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including reasonable engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire Subdivision, or any portion of it. F. The Developer shall pay in full all bills submitted to it by the City through the established escrow for obligations incurred under this Agreement within 30 days after receipt. Bills not paid by the Developer within 30 days shall be assessed a late fee per the City adopted fee schedule. Upon request, the City will provide copies of detailed invoices of the work performed by the City and its consultants. 25. CITY PAYMENTS. The City shall reimburse the Developer in the amount of $ 40,704 for the mill and overlay improvements along Hudson Boulevard, south of the existing roadway centerline. City payments shall be made within 30 days of the City’s final acceptance of the Subdivision Improvements, but only if the Developer is not in default with respect to any terms of this Agreement. This payment by the City shall be the City’s only responsibility with regard to construction of the Subdivision Improvements and in no case shall act as a waiver of any other right of the City under this Agreement or under applicable laws, ordinances or rules. 26. SPECIAL PROVISIONS. The following special provisions shall apply to the Subdivision and include the Conditions of Approval of the Final Plat and Final PUD Plans: A. That publication of the PUD ordinance shall be required before the recording of the approved final plat.