5C, Planning Case 12-019 - 1201 County Road E Development Agreement

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damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees(but only if Developer fails to indemnify in accordance with the preceding sentence). C. Each party shall reimburse the other for reasonable costs incurred in the enforcement of this Agreement, including engineering and attorneys'fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached,all special assessments referred to in this Contract. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction until the bills are paid in full. If Developer disputes a bill in good faith, the parties will attempt to negotiate a resolution in good faith and the City may allow the Developer to continue to make Improvements during such negotiations. Undisputed bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent(18%) per year. 25. DEVELOPER'S DEFAULT. In the event of default by the Developer continuing for 30 days after written notice of default is served on Developer by the City as to any of the sanitary sewer, watermain, erosion control, landscaping and irrigation to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in I an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 26. MISCELLANEOUS. A. Third parties shall have no recourse against the City or Developer under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits.