Resolutions-2017-078

12. Sanitary Sewer Upgrade. Developers and City acknowledge that the sanitary sewer main located south of Highway 6 will have to be upgraded by City in order to meet the demands of the Development Property, and other property in the area. The Developers shall pay $86,334.00 ("Total Developers Upgrade Amount") to the City for their share of the upgrade. Prior to approval of the final plat of property located within the Development Property, the owner shall pay the prorata amount of the Total Developers Upgrade Amount ($616.67 per acre) based upon the number of acres located within the final plat. However, the owner of any property within the Development Property which has not been final platted by December 31, 2027 shall pay City the prorata amount of the Total Developers Upgrade Amount based upon the number of acres owned by the Owner. 13. General Provisions. All construction plans shall be approved before the commencement of any work. There shall be no variance from the construction plans and specifications, unless approved in writing by the City. All improvements and facilities described in this Agreement shall be constructed and installed by the Developers according to the plans, specifications, ordinances and standards of the City and in accordance with all applicable federal and state laws and regulations. All required inspections shall be performed by the City Engineer or designee. Said inspections shall consist of inspection of the work in progress but shall not relieve or release the Developers from their responsibility to construct said improvements and facilities pursuant to the agreed upon plans and specifications. The Developers shall pay all reasonable costs of City engineering administration, which will include review of the Developer's final construction plans and specifications, monitoring of construction, and consultation with the Developers and its engineer on the status, progress or other issues regarding the project. The Developers shall pay for the reasonable construction observation performed by the City staff or consulting City Engineer. Construction observation will consist of examination of proposed public utilities, street construction and other infrastructure improvements. The engineering administrative fee and construction observation fees to be paid by the Developers shall be determined by the City, in part based on the standard hourly fee schedule in effect between the City Engineer and the City on file at City Hall and in part based on standard fees for other staff members that perform the duties noted above. The City shall provide the appropriate supporting documentation for these fees upon request by the Developers. The Developers agree and are fully obligated to perform as provided in this Agreement. The Developers are liable and responsible for each and every obligation agreed to be undertaken pursuant to this Agreement. Failure of the Developers, their employees, agents or assigns, to perform is not a defense for the Developers against any action to be taken by the City. In the event of default by the Developers regarding any work to be performed by the Developers under this Agreement, the City may, at its option, perform the work and bill the Developers for said work. The Developers shall promptly reimburse the City for any expense incurred by the City, provided the Developers, except in an emergency as determined by the City, are first given written notice of the work in default, and within fourteen (14) days of such notice has not commenced the appropriate curative action and continues to diligently pursue the same to completion. This Agreement is an authorization for the City to act, and it shall not be necessary for