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WHEREAS, economies benefiting both parties can be realized <br />by the inclusion of Developer's storm drainage improvements in <br />City's project. <br />NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES <br />HERETO AS FOLLOWS: <br />1. City agrees to prepare plans and specification for storm <br />drainage improvements to Railroad Avenue Reconstruction Project <br />including storm drainage improvements to full City Standards <br />adjacent to Developer's real property and to call for competitive <br />bids for the construction of these storm drainage improvements and <br />to award and administer a contract for the construction of these <br />storm drainage improvements. <br />2. Developer agrees to reimburse to City the actual cost of <br />construction of storm drainage improvements in Railroad Avenue <br />adjacent to Developer's property plus an additional ten percent <br />for engineering, contract administration and inspection. Said <br />reimbursement shall be paid within thirty (30) days of date of <br />billing. Estimated costs for these improvements are shown in <br />Exhibit "A" attached hereto and fully incorporated by reference <br />herein although it is explicitly understood that actual <br />construction costs paid will be used as the basis of <br />reimbursement. <br />3. Should legal action be necessary to enforce the <br />provisions hereof, the prevailing party shall be entitled to <br />reasonable attorney's fees and costs in conjunction therewith. <br />