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CCP 09-23-2014
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CCP 09-23-2014
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12/8/2014 12:02:54 PM
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9/19/2014 4:15:46 PM
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when due any third party costs associated with the Infiltration Work not allowing any <br />liens to be placed on Outlot B. <br />11. SANITARY SEWER AND WATER CONNECTIONS. APi acknowledges that <br />sanitary sewer and water service lines have been extended to the Subject Property. APi <br />will be responsible for any and all costs associated with connection to these services <br />lines. <br />12. WARRANTY. APi warrants all landscaping required to be planted by it pursuant to this <br />Agreement for a period of one year after planting. <br />13. RESPONSIBILITY FOR COSTS. <br />A. APi shall hold the City and its officers, employees, and agents harmless from <br />claims made by itself and third parties for damages sustained or costs incurred <br />resulting from plat approval and development. APi shall indemnify the City and <br />its officers, employees, and agents for all costs, damages, or expenses which the <br />City may pay or incur in consequence of such claims, including attorneys' fees. <br />B. APi shall reimburse the City for costs reasonably incurred in the enforcement of <br />this Agreement, including engineering and attorneys' fees. <br />C. APi will deposit with the City before issuance of any building permits the sum of <br />Twenty Thousand Dollars ($20,000.00), or a letter of credit in an equal amount in <br />form acceptable to the City, to cover the costs of all landscaping and erosion <br />control obligations imposed by this Agreement. If APi fails to complete such <br />landscaping and erosion control obligations as required by this Agreement, the <br />City may use funds from the deposit for the payment of all such obligations and <br />return any unused funds upon completion of all obligations of this Agreement. In <br />the event the funds so deposited are expended, the City will inform APi in writing <br />of the need to deposit additional sums and the amount determined by the City to <br />be needed. APi will deposit such additional amounts within ten (10) business <br />days of such notice. Failure to deposit such funds as required will result in <br />suspension of action of the City including issuance of building permits and <br />inspection of work in progress. Funds held as a deposit will not bear interest. <br />Upon completion of APi's landscaping and erosion control obligations (excluding <br />warranty), the City shall release all funds to APi. <br />D. APi shall pay in full all bills submitted to it by the City for obligations incurred <br />under this Agreement and for which APi is responsible for payment within thirty <br />(30) days after receipt. If the bills are not paid on time, then upon not less than <br />ten (10) business days notice to APi, the City may halt plat development and <br />construction until the bills are paid in full. Bills not paid within thirty (30) days <br />shall accrue interest at the rate of ten percent (10 %) per year. <br />14. APPS DEFAULT. In the event of default by APi as to any of the work to be performed <br />by it hereunder, and a failure of APi to cure such default within thirty (30) calendar days <br />
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