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The DEVELOPER agrees to deposit with the CITY, in escrow, the amount ofTen Thousand Dollars ($10,000.00) against which review, inspection, and testing charges, legal expense charges, and any other related costs incurred by the CITY, shall be charged. That in conformity with ordinances, review of plans, and inspections of construction by the City Engineer and other personnel shall be carried out to insure proper installation and construction of improvements, provided, however, that the presence of CITY personnel shall not render the CITY liable for the acts of the DEVELOPER or its agents, and the DEVELOPER agrees to hold the CITY harmless from liability, including reasonable attorneys fees, for acts, errors, omissions, or negligence arising out of the design, construction, or improvements by the DEVELOPER. If and when the initial Ten Thousand Dollars ($10,000.00) deposit has been used or distributed, DEVELOPER shall immediately deposit an additional sum ofTen Thousand Dollars ($10,000.00) and so forth, and upon its use and disbursement shall continually thereafter make additional deposits in Ten Thousand Dollars ($10,000.00) increments until such time as all review, inspection, and testing is completed, DEVELOPER shall be liable for all review, inspection, testing, and legal expense charges in excess of the deposit required by this Agreement, provided, however, that DEVELOPER shall at all times have the right and opportity reasonably to dispute and reconcile such expenses charged in this section as afforded pursuant to due process of law.
The CITY shall charge inspection costs against the deposit at the rate of Two Hundred
Percent (200%) of the base hourly rate of the Inspector for the actual time spent by the CITY'S
Inspector services, whichever is less. Overtime pay, if any, for inspections shall be at the rate of Two
Hundred Fifty Percent (250%) of the hourly base rate above or at the actual rate charged to the CITY for independent Inspector services, if utilized. The DEVELOPER shall notify the Engineer by 4:30 p.m. of the preceding day if he will not work on the following day. If such notice is not made, the DEVELOPER shall be charged for four (4) hours of inspection.
SECTION XII - INSPECTION BY CITY
The inspections of all construction by the City Engineer and other personnel employed by the CITY shall be done to insure proper installation and construction of all improvements, provided, however, that the presence of CITY personnel shall not render the CITY liable for the acts of the DEVELOPER or the DEVELOPER 'S agents, and the DEVELOPER agrees to hold the CITY harmless from liability, including reasonable attorneys fees, for acts, errors, omissions or negligence arising out of the design or by the construction of any and all improvements by the DEVELOPER.
SECTION XIII- FIELD CIMNGES:
The DEVELOPER agrees that no oral agreements or modifications or changes shall be made to modif such determination and approval not to be unreasonably withheld, delayed or conditioned.
SECTION IX-ACCEPTANCE OFLANDAND IMPROVEMENTS:
The DEVELOPER acknowledges that final plat approval does not operate to constitute acceptance of the improvements. The improvements may be accepted by the CITY for public maintenance only by an action of the North Ridgeville City Council through the passage of an ordinance accepting the improvements for public maintenance.
After all improvements, as required by Section Iv have been completed by DEVELOPER pursuant to the applicable North Ridgeville City Ordinances, DEVELOPER shall petition the CITY for acceptance of the improvements and termination of the performance bond or letter of credit, whichever the case may be.
The DEVELOPER acknowledges its responsibility for all maintenance costs incurred by it or the CITY before the date of passage of the ordinance accepting the improvements for public use and maintenance. The CITY agrees to use its best efforts to pass such ordinance within a reasonable time after the DEVELOPER files its petition as provided in this Section.
SECTION XI - BUILDING CONSTRUCTION BEFORE IMPROVEMENTS ARE COMPLETE:
Upon CITY approval of the Final Plat for the "The Crossings at Butternut Ridge" by both the City Planning Commission and the North Ridgeville City Council, the DEVELOPER or its assigns may, after obtaing the required permit(s) from the City Building Departtnent begin the construction of building(s) on any or all of the lots in said Site Plan Area.
However, in no event shall any such building(s) be occupied before the City Building inspector has issued an occupancy permit or before all of the sanitary sewers, storm sewers, water lines, fire hydrants, street pavements, and street lighting that will serve the specific lot has been constructed, tested, and approved for use by the City of North Ridgeville.
The Building inspector may also require the completion of lot grading, yard drains, sidewalks, and any other improvements required in the Site Plan Area by Planning Commission or required by any applicable code or regulation before issuing the occupancy permit.
SECTION XVI - ENVIRONMENTAL:
The DEVELOPER represents and warrants to the CITY that to the best of its actual knowledge, and while owned by the DEVELOPER, the real estate upon which the DEVELOPER proposes to develop as "The Crossings at Butternut Ridge": (1) it is not in violation of any state, federal or local laws, rules or regulations concerning land use and the environment; (2) has not been and will not be used as a landfill, dump, or disposal site for garbage, reflise, or ConstruCtion demolition debris; and (3) that the DEVELOPER nor any other person has caused or permitted haaardous materials to be placed, held, located, released or disposed of on, under, or at such real estate, nor has any part of the real estate ever been used for activities involving directly or indirectly, the use, generation, treatment, storage or disposal of any haaardous materials, except for materials used in the growth and production of agricultural products.
SECTION XVII - INDEMNIFICATION:
DEVELOPER agrees to indemnify and save harmless the CiTY from liability, including reasonable attorney fees, for acts, errors, omissions or negligence of the DEVELOPER under this Agreement, including but not limited to those as provided in Section VI and Section XVI of this Agreement.
The covenants, conditions and obligations contained herein constitute and become binding upon the DEVELOPER, its successors, assigns and run with the land (real estate) which is the sui
ject matter of this Agreement, said real estate being flirther described as situated in the State of Ohio, County of Lorain, City of North Ridgeville, and more particularly described in Vol. _____ page
of Lorain County Plat Records in the Office of the Lorain County Recorder.
SECTION XVIII - APPROVAL REOUIRED:
DEVELOPER acknowledges and agrees that the entering into of this Agreement does not guarantee DEVELOPER that the CITY and North Ridgeville Plaiming Commission will accept said real estate and its improvements; however, if they are in accordance with the Site Plan and applicable law, the CITY will utilize its best efforts to obtain approval by the North Ridgeville City Council of such ordinance(s) accepting the improvements for public maintenance.
SECVTION XIX - SPECIAL CONDITIONS:
The special conditions applicable to this project are as follows:
1. DEVELOPER shall comply with Chapter 1228 of the North Ridgeville City Ordinances entitled "Improvements", a copy of which is attached hereto.
2. DEVELOPER agrees to install street lights at all intersections in the Site Plan Area and at any other locations specified by the City Engineer in consulta

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Page Updated Fri Oct 1, 2004 10:55pm EDT