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152229v01 <br />SMM:06/07/2010 <br />12 <br />A.Except as otherwise specified herein, the Developer shall pay all costs incurred by <br />it or the City in conjunction with the development of the Land, including but not limited to Hennepin <br />County Environmental Services and Minnehaha Creek Watershed District charges, legal, planning, <br />engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the <br />preparation of this Contract, review of construction plans and documents, and all costs and expenses <br />incurred by the City in monitoring and inspecting development of the Land. <br />B.The Developer shall hold the City and its officers, employees, and agents harmless <br />from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat <br />approval and development of the Land. The Developer shall indemnify the City and its officers, employees, <br />and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such <br />claims, including attorneys’ fees. <br />C.The Developer shall reimburse the City for reasonable costs incurred in the <br />enforcement of this Contract, including engineering and attorneys' fees. <br />D.The Developer shall pay, or cause to be paid when due, and in any event before <br />any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the <br />Developer and shall continue in full force and effect even if the Developer sells one or more lots, the Land, <br />or any part of it. <br />E.The Developer shall pay in full all bills submitted to it by the City for obligations <br />incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City <br />may halt development and construction of the Land until the bills are paid in full. Bills not paid within thirty <br />(30) days shall accrue interest at the rate of eighteen percent (18%) per year. <br />F.In addition to the charges and special assessments referred to herein, other charges <br />as required by City ordinance or via other agencies for which City acts as agent may be imposed such as, but <br />not limited to, sewer access charges ("SAC"), City water access charges and building permit fees. <br />28.DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the <br />work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall <br />223