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<br />halt development and construction until the bills are paid in full. If Developer disputes a bill in good faith, <br />the parties will attempt to negotiate a resolution in good faith and the City may allow the Developer to <br />continue to make Improvements during such negotiations. Undisputed bills not paid within thirty (30) days <br />shall accrue interest at the rate of eighteen percent (18%) per year. <br />20. DEVELOPER’S DEFAULT. In the event of default by the Developer and continuing for thirty (30) <br />days after written notice of default is served on Developer by the City as to any of the sanitary sewer, <br />watermain, erosion control, landscaping and irrigation to be performed by it hereunder, the City may, at <br />its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred <br />by the City, provided the Developer, except in an emergency as determined by the City, is first given notice <br />of the work in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the <br />City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. <br />When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole <br />or in part. <br />21. MISCELLANEOUS. <br />A. Third parties shall have no recourse against the City or Developer under this Agreement. <br />B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of <br />building permits. <br />C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion <br />of this Agreement. <br />D. The action or inaction of either party shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the <br />parties and approved by written resolution of the City Council. The failure to promptly take legal action to <br />enforce this Agreement shall not be a waiver or release. <br />12 <br />180498v2