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11-28-2016 Council Packet
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11-28-2016 Council Packet
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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 eight percent (8%) 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 />promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an <br />emergency as determined by the City, is first given notice of the work in default, not less than forty-eight <br />(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City <br />to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in <br />addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by <br />the Developer or any successor in interest to the Developer. <br />188905v1 13 <br />
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