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<br />8 <br />227533v1 <br />indemnify the City and its officers, employees, and agents against any claims arising out <br />of or related to the Plat, including all approvals and permits issued as a result of the Plat, <br />and for all costs, damages, or expenses which the City may pay or incur in consequence <br />of such claims, including attorneys’ fees. <br /> <br />C. Developer shall reimburse the City for reasonable costs incurred in the enforcement of <br />this Contract, including engineering and attorneys’ fees. <br /> <br />D. Developer shall pay, or cause to be paid when due, and in any event before any penalty <br />is attached, all special assessments referred to in this Contract. This is an obligation of <br />Developer and shall continue in full force and effect even if Developer sells one or more <br />lots, the Land, or any part of it. <br /> <br />E. Developer shall pay in full all bills submitted to it by the City for obligations incurred <br />under this Contract within thirty (30) days after receipt. If the bills are not paid on time, <br />the City may halt development and construction of the Project until the bills are paid in <br />full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent <br />(8%) per year. <br /> <br />F. In addition to the charges and special assessments referred to herein, other charges as <br />required by City ordinance or via other agencies for which City acts as agent may be <br />imposed such as, but not limited to, connection charges and building permit fees. <br /> <br />28. Developer’s Default. In the event of default by Developer as to any of the work to be <br />performed by it hereunder, the City may, at its option, perform the work and Developer shall <br />promptly reimburse the City for any expense incurred by the City, provided Developer, except in an <br />emergency as determined by the City, is first given notice of the work in default, not less than forty- <br />eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary <br />for the City to seek a Court order for permission to enter the Project. When the City does any such <br />work, the City may, in addition to its other remedies, assess the cost in whole or in part against any <br />portion of the Land owned by Developer or any successor in interest to Developer. <br /> <br />29. Miscellaneous. <br /> <br />A. Developer represents to the City that the Plat complies with all city, county, state, and <br />federal laws and regulations, including but not limited to: subdivision ordinances, zoning <br />ordinances, and environmental regulations. If the City determines that the Plat does not <br />comply, the City may, at its option, refuse to allow construction or development work on <br />the Project until Developer does comply. Upon the City’s demand, Developer shall cease <br />work until there is compliance. <br /> <br />B. Third parties shall have no recourse against the City or Developer under this Contract. <br /> <br />C. Breach of the terms of this Contract by Developer shall be grounds for denial of building <br />permits, including those for lots sold to third parties. <br /> DRAFT